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City Council Packet 2012 06-26-12 CO. o United City of Yorkville EST. 1 � 1836 800 Game Farm Road =� Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, June 26, 2012 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD 11 WARD III WARD IV George Gilson,Jr. Jackie Milschewski Marty Munns Rose Ann Spears Carlo Colosimo Larry Kot Chris Funkhouser Diane Teeling Establishment of Quorum: Amendments to Agenda: Presentations: 1. Certificates of Recognition Presented to the Yorkville Middle School 8th Grade Girls Track 4x400 Meter Relay Team- Sydney Beach, Alexis Bermudez, Gianna Salzbrunn, Becca Jasutis &Julia Schultz 2. Life Saving Award Presented to Alexandria Betzwiser 3. Certificate of Appreciation Presented to Joe Moore Citizen Comments: Consent Agenda: 1. CC 2012-46 Bills for Payment - $1,997,215.27 2. ADM 2011-40 Resolution Approving a Revised Employee Manual—authorize Mayor and City Clerk to execute 3. EDC 2012-19 OSLAD Grant Applications a. Riverfront Park Development Grant—approve a DOC-3 resolution of authorization to apply for an OSLAD grant for the development of Bicentennial Riverfront Park and authorize Mayor and City Clerk to execute b. Evergreen Farms Land Acquisition Grant—approve a DOC-3 resolution of authorization to apply for an OSLAD grant for the acquisition of Evergreen Farms and authorize Mayor and City Clerk to execute 4. PC 2012-01 Ordinance Approving Amendments to the Method and Procedure of Establishing Planned Unit Developments in the City—authorize Mayor and City Clerk to execute 5. PS 2012-11 Ordinance Amending the Code of Ordinances Providing for Liquor Control regarding Hours of Sale—authorize Mayor and City Clerk to execute City Council Meeting June 26, 2012 Page 2 Consent Agenda (cont'd): 6. PS 2012-12 Ordinance Amending the Regulations for Amusement Devices and Including Video Gaming Terminals—authorize Mayor and City Clerk to execute 7. PW 2012-35 MFT Resolution for 2012 Street Maintenance Program—authorize City Clerk to execute 8. PW 2012-31 LOCBond Call Policy—authorize staff to initiate the application for notice and hearing of amendments to the Yorkville Subdivision Control Ordinance 9. PS 2012-13 Ordinance Amending the Code of Ordinances Adopting Hiring Standards for Part-Time Police Officers—authorize Mayor and City Clerk to execute 10. ADM 2012-36 Ordinance Declaring the United City of Yorkville's Compliance with Illinois Prevailing Wage Act—authorize Mayor and City Clerk to execute 11. ADM 2012-37 Ordinance Amending the Code of Ordinances Regarding Musical Entertainments— authorize Mayor and City Clerk to execute 12. ADM 2012-38 Monthly Treasurer's Report for May 2012 Minutes for Approval: 1. CC 2012-44 Minutes of the City Council—April 24, 2012 2. CC 2012-47 Minutes of the City Council—May 22, 2012 Mayor's Report: 1. CC 2012-48 Home Rule Discussion 2. CC 2012-49 Ordinance Regarding City Council Procedures Public Works Committee Report: 1. PW 2012-33 Route 34 Letter of Understanding Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: 1. ADM 2012-29 Ordinance Providing for an Extension of the Water Infrastructure Improvement and Maintenance Fee Park Board: Plan Commission: Zoning Board of Appeals: City Council Report: 1. EDC 2012-20 Ordinance Directing the Sale of Real Property City Clerk's Report: City Treasurer's Report: City Council Meeting June 26, 2012 Page 3 Community and Liaison Report: Staff Report: Additional Business: Public Hearings: 1. REC Center Purchase Executive Session: 1. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. 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. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRA_TION:July_10,2012–7:00 p.m.–City Hall_Council_Chambers; -------- --------- --------- ------------------- ----- — -- --- Committee Departments Liaisons Chairman: Alderman Spears Finance Library Vice-Chairman: Alderman Gilson Administration Committee: Alderman Colosimo Committee: Alderman Munns ;ECONOMIC DEV_E_LO_P_MENT: July 10,2012–7:00p.m.–City Hall Council_Chambers; 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:July 10,2012–7:00 p.m.–04y 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:July 10,2012 77:00 m – ty Hall Council Chambers Committee Departments Liaisons Chairman: Alderman Gilson Public Works Park Board Vice-Chairman: Alderman Milschewski Engineering YBSD Committee: Alderman Kot Parks and Recreation Committee: Alderman Teeling UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, June 26, 2012 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Certificate of Recognition Presented to the Yorkville Middle School 8t'Grade Girls Track 4x400 Meter Relay Team 2. Life Saving Award presented to Alexandria Betzwiser 3. Certificate of Appreciation Presented to Joe Moore ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-46 Bills for Payment- $1,997,215.27 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2011-40 Resolution Approving a Revised Employee Manual ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2012-19 OSLAD Grant Applications a. Riverfront Park Development Grant ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes b. Evergreen Farms Acquisition Grant ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. PC 2012-01 PUD Ordinance Amendment ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. PS 2012-11 Ordinance Amending City Code Providing for Liquor Control regarding Hours of Sale ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 6. PS 2012-12 Ordinance Amending the Regulations for Amusement Devises & Including Video Gaming Terminals ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2012-35 MFT Resolution for 2012 Street Maintenance Program ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2012-31 LOCBond Call Policy ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 9. PS 2012-13 Ordinance Amending City Code Adopting Hiring Standards for Part-Time Police Officers ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 10. ADM 2012-36 Ordinance Declaring Compliance with Illinois Prevailing Wage Act ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 11. ADM 2012-37 Ordinance Amending City Code Regarding Musical Entertainments ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 12. ADM 2012-38 Monthly Treasurer's Report for May 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-44 Minutes of the City Council—April 24, 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2012-47 Minutes of the City Council—May 22, 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-48 Home Rule Discussion ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2012-49 Procedural Ordinance Amendment ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2012-33 Route 34 Letter of Understanding ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2012-29 Ordinance Providing for an Extension of the Water Infrastructure Improvement and Maintenance Fee ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2012-20 Ordinance Directing the Sale of Real Property ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. REC Center Purchase 0 CITY Reviewed By: Agenda Item Number J� � Legal F-1 Finance CA#1 ESL -� _ l� 1836 Engineer ❑ City Administrator ❑ Tracking Number 0 —� Human Resources ❑ �� Community Development ❑ Police ❑ CC 2012-46 ALE �V� Public Works ❑ Agenda Item Summary Memo Title: Bill Payments - $1,997,215.27 Meeting and Date: City Council—June 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: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 10:44:34 CHECK REGISTER PRG ID: AP215000.WOW FY 2012 CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513404 AACVB AURORA AREA CONVENTION 043012 HAMPTON 05/30/12 01 ADMIN SERVICES-APRIL HAMPTON 01-640-54-00-5481 2,479.61 02 INN HOTEL TAX ** COMMENT ** INVOICE TOTAL: 2,479.61 043012-SUPER 05/21/12 01 ADMIN SERVICES-SUPER 8 MOTEL 01-640-54-00-5481 1,024.35 02 APRIL 2012 TAX ** COMMENT ** INVOICE TOTAL: 1,024.35 CHECK TOTAL: 3,503.96 513405 BANKNY THE BANK OF NEW YORK 051012-STREBATE 06/12/12 01 ADMIN SERVICES-KENDALL 01-640-54-00-5492 105,745.79 02 MARKETPLACE 1ST QUARTER SALES ** COMMENT ** 03 TAX REBATE ** COMMENT ** INVOICE TOTAL: 105,745.79 * CHECK TOTAL: 105,745.79 513406 COMED COMMONWEALTH EDISON 6963019021-0412 05/15/12 01 STREETS-LIGHTS 01-410-54-00-5480 15.24 INVOICE TOTAL: 15.24 * 7090039005-0412 05/09/12 01 STREETS-LIGHTS 01-410-54-00-5480 21.24 INVOICE TOTAL: 21.24 * 8344010026-0412 05/22/12 01 STREETS-LIGHTS 01-410-54-00-5480 251.30 INVOICE TOTAL: 251.30 * CHECK TOTAL: 287.78 513407 DEPO DEPO COURT REPORTING SVC, INC 15435 05/14/12 01 ADMIN-APRIL 11 ADMIN HEARING 01-110-54-00-5462 316.25 INVOICE TOTAL: 316.25 * DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 10:44:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513407 DEPO DEPO COURT REPORTING SVC, INC 15437 05/14/12 01 POLICE-APRIL 18 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 175.00 * 15438 05/14/12 01 POLICE-APRIL 25 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 175.00 * CHECK TOTAL: 666.25 513408 EEI ENGINEERING ENTERPRISES, INC. 49711 08/30/11 01 ADMIN SERVICES-DAIRY QUEEN 01-640-54-00-5465 2,535.50 INVOICE TOTAL: 2,535.50 CHECK TOTAL: 2,535.50 513409 HACH HACH COMPANY 7705396 04/11/12 01 WATER OP-CHEMICALS 51-510-56-00-5638 1,365.71 INVOICE TOTAL: 1,365.71 * CHECK TOTAL: 1,365.71 513410 HOMEDEPO HOME DEPOT 3010206 04/26/12 01 STREETS-BOLTS 01-410-56-00-5620 8.07 INVOICE TOTAL: 8.07 * 3143628 04/16/12 01 STREETS-FILTERS 01-410-56-00-5656 274.90 INVOICE TOTAL: 274.90 * 4010107 04/25/12 01 STREETS-BOLTS 01-410-56-00-5620 14.50 INVOICE TOTAL: 14.50 * 6887-33879 05/23/12 01 STREETS-FILTERS 01-410-56-00-5640 49.20 INVOICE TOTAL: 49.20 * -2- DATE: 06/19/12 UNITED CITY OF YORKVILLE TIME: 10:44:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM ACCOUNT # ITEM AMT NUMBER DATE # DESCRIPTION ------------------------------------------------------------------ 513410 HOMEDEPO HOME DEPOT 6887-33905 05/23/12 01 STREETS-FILTERS 01-410-56-00-5640 54.60 INVOICE TOTAL: 54.60 * 9018776 04/10/12 01 STREETS-SOD 01-410-56-00-5656 13.77 INVOICE TOTAL: 13.77 * CHECK TOTAL: 415.04 513411 ILPD4811 ILLINOIS STATE POLICE 051512-C 05/15/12 01 ADMIN-SOLICITOR BACKGROUND 01-110-54-00-5462 63.00 02 CHECK ** COMMENT ** INVOICE TOTAL: 63.00 CHECK TOTAL: 63.00 513412 JUSTSAFE JUST SAFETY, LTD 16126 01/24/12 01 SEWER OP-FIRST AID SUPPLIES 52-520-56-00-5620 39.00 INVOICE TOTAL: 39.00 CHECK TOTAL: 39.00 513413 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 2012BANQUET 05/25/12 01 POLICE-2012 RESPECT FOR LAW 01-210-54 00-5415 240.00 02 BANQUET FOR 10 PEOPLE ** COMMENT ** INVOICE TOTAL: 240.00 CHECK TOTAL: 240:00 513414 MENARDS MENARDS YORKVILLE 051012 STREBATE 06/12/12 01 ADMIN SERVICES-1ST QUARTER 01-640-54-00-5492 32,235.22 -3- PAGE: 4 )ATE: 06/19/12 UNITED CITY OF YORKVILLE CHECK REGISTER TIME: 10:44:34 ?RG ID: AP215000.WOW CHECK DATE: 06/26/12 :HECK # VENDOR # INVOICE INVOICE ITEM ACCOUNT # ITEM AMT NUMBER DATE # DESCRIPTION --------------------------------------------- 513414 MENARDS MENARDS YORKVILLE ** COMMENT ** 051012-STREBATE 06/12/12 02 SALES TAX REBATE INVOICE TOTAL: 32,235.22 CHECK TOTAL: 32,235.22 513415 MIKOLASR RAY MIKOLASEK _ 042312 04/26/12 01 POLICE-ILETSB TRAINING MEAL 01-210 0 *415 21.90 02 REIMBURSEMENT 21.90 INVOICE TOTAL: CHECK TOTAL: 21.90 513416 MINER MINER ELECTRONICS CORPORATION _ 244473 05/22/12 01 POLICE-REPAIRED FLASHLIGHT 01-210-54-0T * INVOICE 495 190.00 02 CHARGER AND RADAR TOTAL: 190.00 CHECK TOTAL: 190.00 513417 NCI NORTHWEST COLLECTORS INC 012712 01/27/12 01 POLICE-COMM. ON COLLECTIONS 01-210-54-00-5467 85.60 CHECK TOTAL: 85.60 513418 NCL NCL EQUIPMENT SPECIALTIES 34.00 9665 03/07/12 01 SEWER OP 400 COUNTER PK. _ _INVOICE5TOTAL: 34.00 CHECK TOTAL: 34.00 -4- DATE: 06/19/12 UNITED CITY OF YORKVILLE TIME: 10:44:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------- - 513419 NICOR NICOR GAS 61-60-41-1000 9 0412 05/11/12 01 ADMIN-610 TOWER LANE 01-110-54-00-5480 148.11 INVOICE TOTAL: 148.11 83 80-00 1000 7-0412 05/11/12 01 ADMIN-610 TOWER LANE UNIT B 01-110-54-00-5480 59.13 INVOICE TOTAL: 59.13 CHECK TOTAL: 207.24 513420 R0001040 COBBLESTONE RESTAURANTS, INC. 052912 05/29/12 01 ADMIN-REFUND UNUSED PORTION OF 01-000-42-00-4200 154.80 02 LIQUOR LICENSE ** COMMENT ** INVOICE TOTAL: 154.80 CHECK TOTAL: 154.80 513421 RATOSJ RATOS, JAMES 051012-STREBATE 06/12/12 01 ADMIN SERVICES-1ST QUARTER 01-640-54-00-5492 4,036.48 02 SALES TAX REBATE ** GOMMENT ** INVOICE TOTAL: 4,036.48 CHECK TOTAL: 4,036.48 513422 SFBCT SWFVCTC 060312 06/03/12 01 ADMIN SERVICES-1ST QUARTER 01-640-54-00-5475 16,855.55 02 SFVCTC FRANCHISE DUES ** COMMENT ** INVOICE TOTAL: 16,855.55 CHECK TOTAL: 16,855.55 513423 TLCGROUP THE T.L.C. GROUP, LTD. 27405 04/30/12 01 FOX HILL SSA APRIL MOWING 11-111-54-00 5495 317.40 -5- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 10:44:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM ACCOUNT # ITEM AMT NUMBER DATE # DESCRIPTION ------------------------------------------------------------ 513423 TLCGROUP THE T.L.C. GROUP, LTD. 27405 04/30/12 02 SUNFLOWER SSA-APRIL MOWING 12-112-54-00-5495 300.00 INVOICE TOTAL: 617.40 CHECK TOTAL: 617.40 513424 TUCKER TUCKER DEVELOPMENT CORP. 051012 STREBATE 06/12/12 01 ADMIN SERVICES-1ST QUARTER 01-640-54-00-5492 35,338.50 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 35,338.50 * CHECK TOTAL: 35,338.50 513425 YORKACE YORKVILLE ACE & RADIO SHACK 143037 04/02/12 01 WATER OP-KEYS 51-510 56-00-5620 4.98 INVOICE TOTAL: 4.98 * 143079 04/04/12 01 STREETS-BOLTS 01-410-54-00-5495 19.04 INVOICE TOTAL: 19.04 143199 04/13/12 01 STREETS-HOSE WASH MACHINE, 01-410-56-00-5656 16.48 02 COUPLING ** COMMENT ** INVOICE TOTAL: 16.48 143280 04/19/12 01 POLICE-BULB CHARGER 01-210-56-00-5640 17.98 INVOICE TOTAL: 17.98 143333 04/24/12 01 POLICE-PLUG 01-210-56-00-5640 3.99 INVOICE TOTAL: 3.99 143888 04/05/12 O1 COMM/DEV-USB 01-220-56-00-5620 7.91 INVOICE TOTAL: 7.97 CHECK TOTAL: 70.44 TOTAL AMOUNT PAID: 204, 709.16 -6- UNITED CITY.OF YORKVILLE DALE: 06/19/12 CHECK REGISTER TIME: 13:56:40 PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM ACCOUNT # ITEM AMT NUMBER DATE # DESCRIPTION ------------------------------- 513426 GARDKOCH GARDINER KOCH & WEISBERG _ 222.00 H 1847C-84286 06/06/12 01 ADMIN SERVICES-GENERAL COY O1-640_O54-00-5461 02 LEGAL MATTERS INVOICE TOTAL: 222.00 CHECK TOTAL: 222.00 TOTAL AMOUNT PAID: 222.00 -7- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 14:17:10 CHECK REGISTER FY 2013 PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------- 513427 AA000003 DANIEL V. TRANSIER 053112 05/31/12 01 POLICE-MAY 2, 16 & 30 ADMIN 01-210-54-00-5467 450.00 02 HEARINGS ** COMMENT ** INVOICE TOTAL: 450.00 * CHECK TOTAL: 450.00 513428 ACCURINT LEXISNEXIS RISK DATA MGMT. 1249304-20120531 05/31/12 01 POLICE-MAY SEARCHES 01-210-54-00-5462 128.65 INVOICE TOTAL: 128.65 * CHECK TOTAL: 128.65 513429 ACTION ACTION GRAPHIX LTD 4589 05/18/12 01 POLICE-PEDESTRIAN WARNING 01-210-56-00-5620 161.91 02 SIGNS FOR BLACKBERRY CREEK ** COMMENT ** 03 BRIDGE ** COMMENT ** INVOICE TOTAL: 161.91 CHECK TOTAL: 161.91 513430 AMERARBI AMERICAN ARBITRATION ASSOC. 051112 05/11/12 01 ADMIN SERVICES-INITIAL ADMIN 01-640-54-00-5463 225.00 02 FEE FOR SERVICES FROM 05/01/12 ** COMMENT ** 03 TO 05/11/12 ** COMMENT ** INVOICE TOTAL: 225.00 CHECK TOTAL: 225.00 513431 AQUAFIX AQUAFIX, INC. 9065 05/30/12 01 SEWER OP-VITASTIM PACKETS, 52-520-56-00-5613 533.96 -8- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513431 AQUAFIX AQUAFIX, INC. 9065 05/30/12 02 BUG ON A ROPE ** COMMENT ** INVOICE TOTAL: 533.96 CHECK TOTAL: 533.96 513432 ARAMARK ARAMARK UNIFORM SERVICES 610-7554061 05/22/12 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: 60.24 610-7563508 05/29/12 01 STREETS-UNIFORMS 01-410-56-00-5600 19.84 02 SEWER OP-UNIFORMS 52-520-56-00-5600 19.84 03 WATER OP-UNIFORMS 51-510-56-00-5600 19.84 INVOICE TOTAL: 59.52 610-7573049 06/05/12 01 STREETS-UNIFORMS 01-410-56-00-5600 19.60 02 WATER OP-UNIFORMS 51-510-56-00-5600 19.60 03 SEWER OP-UNIOFORMS 52-520-56-00-5600 19.60 INVOICE TOTAL: 58.80 610-7582356 06/12/12 01 STREETS-UNIFORMS 01-410-56-00-5600 28.66 02 WATER OP-UNIFORMS 51-510-56-00-5600 28.66 03 SEWER OP-UNIFORMS 52-520-56-00-5600 28.66 INVOICE TOTAL: 85.98 CHECK TOTAL: 264.54 513433 ATLAS ATLAS BOBCAT B19386 05/22/12 01 STREETS-BOLTS, TEETH 01-410-54-00-5495 459.84 INVOICE TOTAL: 459.84 CHECK TOTAL: 459.84 -9- DATE: 06/19/12 UNITED CITY OF YORKVILLE TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513434 ATT AT&T 6305533436-0512 05/25/12 01 POLICE-MONTHLY CHARGES 01-210-54-00-5440 44.20 INVOICE TOTAL: 44.20 * 6305536805-0512 05/25/12 01 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 91.66 INVOICE TOTAL: 91.66 * CHECK TOTAL: 135.86 513435 ATTINTER AT&T INTERNET SERVICES 842804266-8-0512 05/09/12 01 ADMIN-T.1 SERVICE 01-110-54-00-5440 753.32 INVOICE TOTAL: 753.32 * CHECK TOTAL: 753.32 513436 ATTLONG AT&T LONG DISTANCE 82893213-0512 06/01/12 01 POLICE-MAY LONG DISTANCE 01-210-54-00-5440 96.75 02 WATER OP-MAY LONG DISTANCE 51-510-54-00-5440 50.14 INVOICE TOTAL: 146.89 CHECK TOTAL: 146.89 513437 ATTORGEN OFFICE OF IL. ATTORNEY GENERAL FUND 958-061212 06/12/12 01 ADMIN-SEX OFFENDER AWARENESS 01-000-24-00-2437 30.00 02 TRAINING & EDUCATION FUND ** COMMENT ** INVOICE TOTAL: 30.00 FUND 958-JARVIN 05/14/12 01 ADMIN-SEX OFFENDER AWARENESS 01-000-24-00-2437 30.00 02 TRAINING AND EDUCATION ** COMMENT ** INVOICE TOTAL: 30.00 FUND 958-SEEBOLD 05/14/12 01 ADMIN-SEX OFFENDER AWARENESS 01-000-24-00-2437 30.00 -10- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 14 :17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513437 ATTORGEN OFFICE OF IL. ATTORNEY GENERAL FUND 958-SEEBOLD 05/14/12 02 TRAINING AND EDUCATION ** COMMENT ** INVOICE TOTAL: 30.00 CHECK TOTAL: 90.00 513438 BANCAMER BANC OF AMERICA LEASING 012126740-C 05/22/12 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 LEASE 01-210-54-00-5485 277.00 05 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 513439 BATTERYS BATTERY SERVICE CORPORATION 221630 05/16/12 01 STREETS-BATTERY COMPANIONS 01-410-54-00-5495 114.75 INVOICE TOTAL: 114.75 * 222417 05/25/12 01 WATER OP-CELL PHONE BATTERY 51-510-54-00-5440 21.66 INVOICE TOTAL: 21.66 * 34578 06/07/12 01 WATER OP-BATTERIES 51-510-56-00-5640 37.62 INVOICE TOTAL: 37.62 * CHECK TOTAL: 174.03 513440 BCBS BLUE CROSS BLUE SHIELD 050812D 05/08/12 01 ADMIN-JUNE DENTAL INSURANCE 01-110-52-00-5237 429.70 -11- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------ 513440 BCBS BLUE CROSS BLUE SHIELD 050812D 05/08/12 02 ADMIN-ELECTED OFFICIALS JUNE 01-110-52-00-5237 846.04 03 DENTAL INSURANCE ** COMMENT ** 04 FINANCE-JUNED DENTAL INSURANCE 01-120-52-00-5223 269.12 05 POLICE-JUNE DENTAL INSURANCE 01-210-52-00-5223 2,939.00 06 COMM/DEV-JUNE DENTAL INSURANCE 01-220-52-00-5223 269.12 07 STREETS-JUNE DENTAL INSURANCE 01-410-52-00-5223 623.40 08 ADMIN SERVICES-RETIREES JUNE 01-640-52-00-5241 440.13 09 DENTAL INSURANCE ** COMMENT ** 10 PARKS-JUNE DENTAL INSURANCE 79-790-52-00-5223 836.11 11 RECREATION-JUNE DENTAL 79-795-52-00-5223 164.65 12 INSURANCE ** COMMENT ** 13 WATER OP-JUNE DENTAL INSURANCE 51-510-52-00-5223 507.06 14 SEWER OP-JUNE DENTAL INSURANCE 52-520-52-00-5223 354.27 15 LIBRARY-JUNE DENTAL INSURANCE 82-820-52-00-5223 522.65 INVOICE TOTAL: 8,201.25 050812H 05/08/12 01 ADMIN-JUNE HEALTH INSURANCE 01-110-52-00-5216 4,721.41 02 ADMIN-JUNE ELECTED OFFICIAL 01-110-52-00-5216 8,887.50 03 OFFICIAL HEALTH INSURANCE ** COMMENT ** 04 FINANCE-JUNE HEALTH INSURANCE 01-120-52-00-5216 1,387.69 05 POLICE-JUNE HEALTH INSURANCE 01-210-52-00-5216 29,612.92 06 COMM/DEV-JUNE HEALTH INSURANCE 01-220-52-00-5216 2,837.34 07 STREETS-JUNE HEALTH INSURANCE 01-410-52-00-5216 6,461.22 08 ADMIN SERVICES-RETIREES JUNE 01-640-52-00-5240 5,988.22 09 HEALTH INSURANCE ** COMMENT ** 10 ADMIN SERVICES-JUNE COBRA 01-640-52-00-5250 -816.68 11 HEALTH INSURANCE ** COMMENT ** 12 PARKS-JUNE HEALTH INSURANCE 79-790-52-00-5216 8,824.51 13 RECREATION-JUNE HEALTH 79-795-52-00-5216 1,889.90 14 INSURANCE ** COMMENT ** 15 WATER OP-JUNE HEALTH INSURANCE 51-510-52-00-5216 5,656.09 16 SEWER OP-JUNE HEALTH INSURANCE 52-520-52-00-5216 3,767.22 17 LIBRARY JUNE HEALTH INSURANCE 82-820-52-00-5216 5,522.17 INVOICE TOTAL: 84, 739.51 CHECK TOTAL: 92,940.76 -12- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513441 BNYCORP THE BANK OF NEW YORK 252-1631767 05/12/12 01 DEBT SERVICE-YORKVILE05A ADMIN 42-420-54-00-5498 374.50 02 FEE ** COMMENT ** INVOICE TOTAL: 374.50 * CHECK TOTAL: 374.50 513442 BRENNTAG BRENNTAG MID-SOUTH, INC. BMS224857 05/22/12 01 WATER OP-CHEMICALS 51-510-56 -00-5635 1,988.75 INVOICE TOTAL: 1,988.75 * BMS224858 05/22/12 01 WATER OP-CHEMICALS 51-510-56-00-5638 1,104.75 INVOICE TOTAL: 1, 104.75 * BMS924672 05/24/12 01 WATER OP-DRUM RETURN CREDIT 51-510-56-00-5638 -650.00 INVOICE TOTAL: -650.00 * BMS924673 05/24/12 01 WATER OP-DRUM RETURN CREDIT 51-510-56-00-5638 -250.00 INVOICE TOTAL: -250.00 * CHECK TOTAL: 2,193.50 513443 BRIGPAVE BRIGGS PAVING 28406 05/15/12 01 LAND CASH-FIRST AND FINAL 72-720-60-00-6036 15, 108.24 02 PAYMENT FOR THE TRAIL PAVING ** COMMENT ** 03 AT RAINTREE PARK B ** COMMENT ** INVOICE TOTAL: 15, 108.24 CHECK TOTAL: 15,108.24 513444 CALLONE UNITED COMMUNICATION SYSTEMS 1010-7980-0000-0512C 05/15/12 01 ADMIN-ADMIN LINES 01-110-54-00-5440 210.68 ' -13- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513444 CALLONE UNITED COMMUNICATION SYSTEMS 1010-7980-0000-0512C 05/15/12 02 ADMIN-CITY HALL NORTEL 01-110-54-00-5440 272.49 03 POLICE-CITY HALL NORTEL 01-210-54-00-5440 272.50 04 WATER OP-CITY HALL NORTEL 51-510-54-00-5440 272.50 O5 POLICE-POLICE LINES 01-210-54-00-5440 636.66 06 POLICE-CITY HALL FIRE 01-210-54-00-5440 49.70 07 ADMIN-CITY HALL FIRE 01-110-54-00-5440 49.70 08 WATER OP-PUBLIC WORKS LINES 51-510-54-00-5440 1,050.12 INVOICE TOTAL: 2,814.35 1010-7980-0000-0612C 06/15/12 01 ADMIN-ADMIN LINES 01-110-54-00-5440 209.35 02 ADMIN-CITY HALL NORTEL 01-110-54-00-5440 266.95 03 POLICE-CITY HALL NORTEL 01-210-54-00-5440 266.95 04 WATER OP-CITY HALL NORTEL 51-510-54-00-5440 266.96 05 WATER OP-PUBLIC WORKS LINES 51-510-54-00-5440 1,052.40 06 POLICE-POLICE LINES 01-210-54-00-5440 646.29 07 POICE-CITY HALL FIRE 01-210-54-00-5440 49.70 08 ADMIN-CITY HALL FIRE 01-110-54-00-5440 49.70 INVOICE TOTAL: 2,808.30 CHECK TOTAL: 5,622.65 513445 CAMBRIA CAMBRIA SALES COMPANY INC. 32420 05/09/12 01 ADMIN-GARBAGE CANS 01-110-56-00 5610 27.24 INVOICE TOTAL: 27.24 32461 05/21/12 01 SEWER OP-PAPER TOWEL 52-520-56-00-5620 55.50 INVOICE TOTAL: 55.50 * 32487 05/29/12 01 ADMIN-TOILET TISSUE, PAPER 01-110-56-00-5610 355.18 02 TOWEL, SOAP, GARBAGE BAGS, ** COMMENT ** 03 URINAL SCREEN, DEODORIZER ** COMMENT ** INVOICE TOTAL: 355.18 * CHECK TOTAL: 437.92 -14- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513446 CARGILL CARGILL, INC 2900557569 05/16/12 01 WATER OP-BULK COURSE ROCK SALT 51-510-56-00-5638 2,897.09 INVOICE TOTAL: 2,897.09 2900566776 05/22/12 01 WATER OP-BULK COURSE ROCK SALT 51-510-56-00-5638 2, 759.04 INVOICE TOTAL: 2,759.04 * 2900570955 05/24/12 01 WATER OP-BULK COURSE ROCK SALT 51-510-56-00-5638 2,635.56 INVOICE TOTAL: 2,635.56 * 2900575875 05/29/12 01 WATER OP-BULK COURSE ROCK SALT 51-510-56-00-5638 2,847.01 INVOICE TOTAL: 2,847.01 * 2900584753 06/04/12 01 WATER OP-BULK COURSE ROCK SALT 51-510-56-00-5638 2,804.22 INVOICE TOTAL: 2,804.22 CHECK TOTAL: 13, 942.92 513447 CARSTAR CARSTAR 083B6B3F 06/08/12 01 ADMIN SERVICES-REPAIRS TO 01-640-56-00-5625 6,600.49 02 SQUAD DAMAGED IN ACCIDENT ** COMMENT ** INVOICE TOTAL: 6,600.49 * CHECK TOTAL: 6,600.49 513448 CDWG CDW GOVERNMENT INC. K767327 05/17/12 01 POLICE-COMPUTER PART 01-210-56-00-5635 105.91 INVOICE TOTAL: 105.91 * L041853 05/24/12 01 ADMIN SERVICES=BAR CODE LABEL 01-640-54-00-5450 94.04 INVOICE TOTAL: 94.04 * CHECK TOTAL: 199.95 -15- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAUL: y TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513449 CENTRALL CENTRAL LIMESTONE COMPANY, INC 16019 05/31/12 01 WATER OP-MATERIAL FOR WATER 51-510-56-00-5620 231.67 02 BREAK REPAIRS ** COMMENT ** INVOICE TOTAL: 231.67 * CHECK TOTAL: 231.67 513450 CHEAPDIR CHEAPER THAN DIRT 7605746 05/24/12 01 POLICE-AMMUNITION 01-210-56-00-5696 207.01 INVOICE TOTAL: 207.01 * CHECK TOTAL: 207.01 513451 CHEMICAL CHEMICAL PUMP SALES & SERVICE 71914 05/11/12 01 WATER OP-FILTERS 51-510-56-00-5640 126.00 INVOICE TOTAL: 126.00 * CHECK TOTAL: 126.00 513452 COMCAST COMCAST CABLE 052612 05/26/12 01 POLICE-MONTHLY CHARGES 01-210-56-00-5620 4.17 INVOICE TOTAL: 4.17 * CHECK TOTAL: 4.17 513453 COMED COMMONWEALTH EDISON 0185079109-0512 05/31/12 01 WATER OP-420 FAIRHAVEN 51-510-54-00-5480 119.44 INVOICE TOTAL: 119.44 * 0435113116-0512 06/04/12 01 STREETS-LIGHTS 01-410-54-00-5480 74.34 INVOICE TOTAL: 74.34 * -16- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513453 COMED COMMONWEALTH EDISON 0903040077-0512 05/30/12 01 STREETS-LIGHTS O1-410-54-00-5480 2,518.70 INVOICE TOTAL: 2, 518.70 * 0908014004-0512 05/31/12 01 WATER OP-WELLS 51-510-54-00-5480 73.34 INVOICE TOTAL: 73.34 * 0966038077 05/30/12 01 STREETS-LIGHTS 01-410-54-00-5480 58.13 INVOICE TOTAL: 58.13 * 116132039 05/29/12 01 FINANCE-MUNICIPAL AGGREGATION 01-120-54-00-5462 168.00 02 REPORT FEE ** COMMENT ** INVOICE TOTAL: 168.00 * 1183088101-0512 05/29/12 01 SEWER OP-1107 PRAIRIE CROSSING 52-520-54-00-5480 121.73 INVOICE TOTAL: 121.73 * 1407125045-0512 06/04/12 01 SEWER OP FOXHILL 7 LIFT 52-520-54-00-5480 84.89 INVOICE TOTAL: 84.89 * 2019099044-0512 06/06/12 01 WATER OP-WELLS 51-510-54-00-5480 443.60 INVOICE TOTAL: 443.60 * 2668047007-0512 05/30/12 01 SEWER OP-1908 RAINTREE 52-520-54-00-5480 156.10 INVOICE TOTAL: 156.10 * 2961017043-0512 05/30/12 01 SEWER OP-LIFT STATION 52-520-54-00-5480 103.55 INVOICE TOTAL: 103.55 * 4085080033-0512 06/01/12 01 WATER OP-1991 CANNONBALL TRAIL 51-510-54-00-5480 118.70 INVOICE TOTAL: 118.70 * 4329092028-0512 05/21/12 01 WATER OP-LIGHTS 51-510-54-00-5480 935.23 INVOICE TOTAL: 935.23 * 4449087016-0512 06/06/12 01 SEWER OP-LIFT STATIONS 52-520-54-00-5480 671.50 INVOICE TOTAL: 671.50 * -17- DATE: 06/19/12 UNITED CITY OF YORKVILLE rH�a: i• TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ---------------------------------------------------------------------------------------------------- 513453 COMED COMMONWEALTH EDISON 4475093053-0512 05/31/12 01 WATER OP-610 TOWER LANE 51-510-54-00-5480 151.02 INVOICE TOTAL: 151.02 * 7090039005 0512 06/08/12 01 STREETS-LIGHTS 01-410-54-00-5480 20.65 INVOICE TOTAL: 20.65 * CHECK TOTAL: 5,818.92 513454 DAVEAUTO DAVID L CHELSEN 19214 05/08/12 01 POLICE-SQUAD INSPECTION 01-210-54-00-5495 65.00 INVOICE TOTAL: 65.00 * 19223 05/09/12 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 438.00 INVOICE TOTAL: 438.00 * 19283 05/24/12 01 POLICE-REPLACE BELT 01-210-54-00-5495 110.00 INVOICE TOTAL: 110.00 * 19300 05/31/12 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 140.00 INVOICE TOTAL: 140.00 * 19310 06/04/12 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 435.00 INVOICE TOTAL: 435.00 * 19321 06/05/12 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 265.00 INVOICE TOTAL: 265.00 * 19348 06/12/12 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 139.00 INVOICE TOTAL: 139.00 * CHECK TOTAL: 1,592.00 513455 DAVWPHIL DAVID W. PHILLIPS AND COMPANY -18- SATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 14:17:10 CHECK REGISTER ?RG ID: AP215000.WOW CHECK DATE: 06/26/12 =HECK # VENDOR # INVOICE INVOICE ITEM ACCOUNT # ITEM AMT NUMBER DATE # DESCRIPTION ---------------------------------------------------------- 513455 DAVWPHIL DAVID W. PHILLIPS AND COMPANY 12707-SUM 05/22/12 01 COMM/DEV-APPRAISAL 01-220-54-00-5462 3,600.00 INVOICE TOTAL: 3,600.00 CHECK TOTAL: 3,600.00 513456 DCONST D. CONSTRUCTION, INC. 053112LGL 05/31/12 01 DEVELOPER ESCROW-REFUND UNUSED 90-037-37-00-0011 1,893.67 02 LEGAL DEPOSIT ** COMMENT ** INVOICE TOTAL: 1,893.67 061112ENG 06/11/12 O1 DEVELOPER ESCROW-REFUND UNUSED 90-037-37-00-0111 6,309.25 02 ENGINEERING DEPOSIT ** COMMENT ** INVOICE TOTAL: 6,309.25 * CHECK TOTAL: 8,202.92 513457 DEPO DEPO COURT REPORTING SVC, INC 15439 05/14/12 01 POLICE-MAY 2 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 15440 05/14/12 01 POLICE-MAY 9 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 15441 05/14/12 01 ADMIN-PLAN COMMISSION MEETING 01-110-54-00-5462 225.00 INVOICE TOTAL: CHECK TOTAL: 575.00 513458 DIGITAL DIGITAL SAFETY TECHNOLOGIES 20895 05/25/12 01 PD CAPITAL-NEW SQUAD 20-200-60-00-6060 11,078.00 02 EQUIPMENT ** COMMENT ** INVOICE TOTAL: 11,078.00 CHECK TOTAL: 11,078.00 -19- )ATE: 06/19/12 UNITED CITY OF YORKVILLE YNUL: 1J 'IME: 14:17:10 CHECK REGISTER 'RG ID: AP215000.WOW CHECK DATE: 06/26/12 :HECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------ 513459 DUTEK DU-TEK, INC. 154846 05/30/12 01 STREETS-HOSE PARTS 01-410-54-00-5495 18.00 INVOICE TOTAL: 18.00 CHECK TOTAL: 18.00 513460 DYONJ DYON, JUDY 060112 06/01/12 01 FINANCE-MILEAGE REIMBURSEMENT 01-120-54-00-5415 17.76 02 FOR IGFOA UTILITY BILLING ** COMMENT ** 03 SEMINAR ** COMMENT ** INVOICE TOTAL: 17.76 CHECK TOTAL: 17.76 513461 EEI ENGINEERING ENTERPRISES, INC. 50945 05/31/12 01 DEVELOPER ESCROW-EVERGREEN 90-037-37-00-0111 167.00 02 FARM ESATES ** COMMENT ** INVOICE TOTAL: 167.00 * 51007 06/11/12 01 ADMIN SERVICES-RT 71 01-640-54-00-5465 334.00 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 334.00 * 51008 06/11/12 01 ADMIN SERVICES-CENTRAL RT 47 01-640-54-00-5465 3,689.00 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 3,689.00 51009 06/11/12 01 CW CAPITAL-RIVER ROAD BRIDGE 23-230-60-00-6075 4,032.24 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 4,032.24 * 51010 06/11/12 01 ADMIN SERVICES-RT. 34 01-640-54-00-5465 3,447.25 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 3, 447.25 * -20- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513461 EEI ENGINEERING ENTERPRISES, INC. 51011 06/11/12 01 ADMIN SERVICES-GAME FARM / 01-640-54-00-5465 325.00 02 SOMONAUK IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 325.00 * 51012 06/11/12 01 CW CAPITAL-SAFE ROUTES TO 23-230-60-00-6092 19,989.25 02 SCHOOL ** COMMENT ** INVOICE TOTAL: 19,989.25 51013 06/11/12 01 ADMIN SERVICES-OVERWEIGHT 01-640-54-00-5465 71.00 02 TRUCK PERMITS ** COMMENT ** INVOICE TOTAL: 71.00 * 51014 06/11/12 01 ADMIN SERVICES-CANNONBALL AND 01-640-54-00-5465 1, 421.75 02 RT. 47 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 1, 421.75 * 51015 06/11/12 01 ADMIN SERVICES-KENDALL 01-640-54-00-5465 1,065.00 02 MARKET PLACE IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 1,065.00 * 51016 06/11/12 01 ADMIN SERVICES-AUTUMN CREEK 01-640-54-00-5465 4,666.75 02 UNIT 1 RESUBDIVISION ** COMMENT ** INVOICE TOTAL: 4,666.75 * 51017 06/11/12 01 ADMIN SERVICES-AUTUMN CREEK 01-640-54-00-5465 1, 797.50 INVOICE TOTAL: 1, 797.50 * 51018 06/11/12 01 ADMIN SERVICES-RAGING WAVES 01-640-54-00-5465 5,773.50 INVOICE TOTAL: 5, 773.50 51019 06/11/12 01 ADMIN SERVICES-RUSH-COPLEY 01-640-54-00-5465 83.25 02 REGIONAL STORMWATER ** COMMENT ** 03 CONVEYANCE ** COMMENT ** INVOICE TOTAL: 83.25 * -21- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513461 EEI ENGINEERING ENTERPRISES, INC. 51020 06/11/12 01 ADMIN SERVICES-STORMWATER 01-640-54-00-5465 547.00 02 MANAGEMENT PLAN ** COMMENT ** INVOICE TOTAL: 547.00 * 51021 06/11/12 01 ADMIN SERVICES-UTILITY PERMIT 01-640-54-00-5465 111.00 02 REVIEWS ** COMMENT ** INVOICE TOTAL: 111.00 * 51022 06/11/12 01 ADMIN SERVICES-GENERAL CITY OF 01-640-54-00-5465 437.00 02 YORKVILLE ** COMMENT ** INVOICE TOTAL: 437.00 * 51023 06/11/12 01 ADMIN SERVICES-MUNICIPAL 01-640-54-00-5465 1,900.00 02 ENGINEERING SERVICES ** COMMENT ** INVOICE TOTAL: 1,900.00 * 51024 06/11/12 01 ADMIN SERVICES-2012 ZONING 01-640-54-00 5465 363.00 02 MAPS ** COMMENT ** INVOICE TOTAL: 363.00 * 51025 06/11/12 01 ADMIN SERVICES-BRIARWOOD 01-640-54-00-5465 83.50 INVOICE TOTAL: 83.50 * 51026 06/11/12 01 ADMIN SERVICES-BOND & LOC CALL 01-640-54-00-5465 1,944.50 02 POLICY ** COMMENT ** INVOICE TOTAL: 1, 944.50 * 51027 06/11/12 01 ADMIN SERVICES-AUTUMN CREEK, 01-640-54-00-5465 1, 106.25 02 UNIT 2B ** COMMENT ** INVOICE TOTAL: 1,106.25 * 51028 06/11/12 01 ADMIN SERVICES-PRESTWICK 01-640-54-00-5465 389.00 INVOICE TOTAL: 389.00 * 51029 06/11/12 01 ADMIN SERVICES-BLACKBERRY 01-640-54-00-5465 334.00 -22- ' DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513461 EEI ENGINEERING ENTERPRISES, INC. 51029 06/11/12 02 WOODS ** COMMENT ** INVOICE TOTAL: 334.00 * 51030 06/11/12 01 ADMIN SERVICES-704 E. VETERANS 01-640-54-00-5465 71.00 02 PARKWAY - DAIRY QUEEN ** COMMENT ** INVOICE TOTAL: 71.00 * 51031 06/11/12 01 ADMIN SERVICES-GIS UPDATES 01-640-54-00-5465 2,282.25 INVOICE TOTAL: 2,282.25 * 51032 06/11/12 01 CW CAPITAL-PAVEMENT 23-230-54-00-5462 488.50 02 MANAGEMENT SYSTEM ** COMMENT ** INVOICE TOTAL: 488.50 * CHECK TOTAL: 56,919.49 513462 ENCAP ENCAP, INC. 23250 04/30/12 01 DEVELOPER ESCROW-FOXHILL UNIT 90-014-14-00-1111 216.00 02 7 NATIVE AREA MAINTENANCE ** COMMENT ** INVOICE TOTAL: 216.00 * CHECK TOTAL: 216.00 513463 EXELON EXELON ENERGY 100441500080 06/08/12 01 SEWER OP-WELLS 52-520-54-00-5480 1,687.02 INVOICE TOTAL: 1,687.02 * 100441900080 06/07/12 01 WATER OP-WELLS 51-510-54-00-5480 4,123.30 INVOICE TOTAL: 4,123.30 200306900250 06/02/12 01 WATER OP-LIGHTS 51-510-54-00-5480 129.58 INVOICE TOTAL: 129.58 * -23- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513463 EXELON EXELON ENERGY 200307000210 05/23/12 01 WATER OP-LIGHTS 51-510-54-00-5480 2,930.05 INVOICE TOTAL: 2,930105 CHECK TOTAL: 8, 869.95 513464 EYEMED FIDELITY SECURITY LIFE INS. 1186844 05/15/12 01 ADMIN-JUNE VISION INSURANCE 01-110-52-00-5224 44.42 02 ADMIN-ELECTED OFFICIAL JUNE 01-110-52-00-5238 85.53 03 VISION INSURANCE ** COMMENT ** 04 FINANCE-JUNE VISION INSURANCE 01-120-52-00-5224 26.98 05 POLICE-JUNE VISION INSURANCE 01-210-52-00-5224 300.93 06 COMM/DEV-JUNE VISION INSURANCE 01-220-52-00-5224 26.98 07 STREETS-JUNE VISION INSURANCE 01-410-52-00-5224 58.55 08 WATER OP-JUNE VISION INSURANCE 51-510-52-00-5224 58.01 09 SEWER OP-JUNE VISION INSURANCE 52-520-52-00-5224 35.98 10 ADMIN SERVICES-RETIREE JUNE 01-640-52-00-5242 48.19 11 VISION INSURANCE ** COMMENT ** 12 PARKS-JUNE VISION INSURANCE 79-790-52-00-5224 83.65 13 RECREATION-JUNE VISION 79-795-52-00-5224 24.65 14 INSURANCE ** COMMENT ** 15 LIBRARY-JUNE VISION INSURANCE 82-820-52-00-5224 53.60 INVOICE TOTAL: 847.47 CHECK TOTAL: 847.47 513465 FIRST FIRST PLACE RENTAL 224205-1 05/30/12 01 PD CAPITAL-TRENCHER 20-200-60-00-6060 212.80 INVOICE TOTAL: 212.80 CHECK TOTAL: 212.80 513466 FLAILMAS NATIONAL PARTS CORPORATION -24- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513466 FLAILMAS NATIONAL PARTS CORPORATION 113616 05/29/12 01 STREETS-HEX BORE ROLLER 01-410-54-00-5495 232.20 02 BEARING AND HOUSING ** COMMENT ** INVOICE TOTAL: 232.20 * 113624 05/29/12 01 STREETS-ROLLER SHELL 01-410-54-00-5495 456.78 INVOICE TOTAL: 456.78 * CHECK TOTAL: 688.98 513467 FLATSOS RAQUEL HERRERA 051012 05/10/12 01 STREETS-4 NEW TIRES 01-410-56-00-5640 720.00 INVOICE TOTAL: 720.00 * CHECK TOTAL: 720.00 513468 FOXRIDGE FOX RIDGE STONE 2703 06/01/12 01 WATER OP-PEA GRAVEL 51-510-56-00-5620 95.83 INVOICE TOTAL: 95.83 * CHECK TOTAL: 95.83 513469 FREDRICR ROB FREDRICKSON 060112 06/01/12 01 FINANCE-MAY 2012 MOBILE EMAIL 01-120-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 513470 FULTON FULTON TECHNOLOGIES MON-204 06/01/12 01 POLICE-WEATHER WARNING SIREN 01-210-54-00-5495 414.00 -25- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513474 GROUND GROUND EFFECTS INC. 257629 06/04/12 01 STREETS-GRASS SEED 01-410-54-00-5458 74.40 INVOICE TOTAL: 74.40 CHECK TOTAL: 74.40 513475 HARRIS HARRIS COMPUTER SYSTEMS MN00001904 05/28/12 01 FINANCE-PROGRAM FOR A RANDOM 01-120-54-00-5462 30.00 02 NUMBER FILE MERGE INTO BILL ** COMMENT ** 03 PRINT ** COMMENT ** INVOICE TOTAL: 30.00 XT00003251 05/31/12 01 FINANCE-PROGRAM MODIFICATIONS 01-120-54-00-5462 250.00 02 FOR RANDOM FILE MERGE. DATA ** COMMENT ** 03 SETUP AND REVIEW ** COMMENT ** INVOICE TOTAL: 250.00 CHECK TOTAL: 280.00 513476 HARTRICH HART, RICHARD 061312 06/13/12 01 POLICE-REIMBURSEMENT FOR MEAL 01-210-54-00-5415 48.44 02 FOR 3 PEOPLE ** COMMENT ** INVOICE TOTAL: 48.44 * CHECK TOTAL: 48.44 513477 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 4343481 06/01/12 01 WATER OP-RADIO READER 51-510-56-00-5664 311.95 INVOICE TOTAL: 311.95 * 4827015 05/18/12 01 WATER OP-6 100CF METERS, 25 51-510-56-00-5664 1,372.58 02 1 METER CPLG, 100 RUBBER ** COMMENT ** -27- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------- 513470 FULTON FULTON TECHNOLOGIES MON-204 06/01/12 02 SYSTEM MONITORING FEE ** COMMENT ** INVOICE TOTAL: 414.00 * CHECK TOTAL: 414.00 513471 GODWINL LISA R. GODWIN 050712 05/10/12 01 ADMIN-MAY 7TH MEETING MINUTES 01-110-54-00-5462 56.00 INVOICE TOTAL: 56.00 * 051712 05/23/12 01 ADMIN-MAY 17 ADMIN MEETING 01-110-54-00-5462 78.96 02 MINUTES ** COMMENT ** INVOICE TOTAL: 78.96 * 061112 06/14/12 01 ADMIN-AD HOC COMMITTEE MEETING 01-110-54-00-5462 65.80 02 MINUTES ** COMMENT ** INVOICE TOTAL: 65.80 * CHECK TOTAL: 200.76 513472 GOLINSKI GARY GOLINSKI 060112 06/01/12 01 ADMIN-MAY 2012 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 513473 GOODYEAR GOOD YEAR WHOLESALE TIRE CENTE 900052482 05/22/12 01 POLICE-OIL 01-210-54--00-5495 3,660.16 INVOICE TOTAL: 3,660.16 900052483 05/22/12 01 POLICE-TIRES 01-210-54-00-5495 616.92 INVOICE TOTAL: 616.92 CHECK TOTAL: 4,277.08 -26- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513477 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 4827015 05/18/12 03 WASHERS ** COMMENT ** INVOICE TOTAL: 1,372.58 * 4870052 05/30/12 01 WATER OP-8 100CF METERS 51-510-56-00-5664 1,320.00 INVOICE TOTAL: 1,320.00 4900318 06/04/12 01 WATER OP-METER ADAPTERS 51-510-56-00-5664 49.10 INVOICE TOTAL: 49.10 * CHECK TOTAL: 3,053.63 513478 HRGREEN HR GREEN 80560 05/31/12 01 ADMIN SERVICES-CANNONBALL & 01-640-54-00-5465 2, 795.75. 02 R.T. 47 ** COMMENT ** INVOICE TOTAL: 2, 795.75 CHECK TOTAL: 2,795.75 513479 ICMA INTERNATIONAL CITY/COUNTY MGMT 2012DUES 06/11/12 01 ADMIN-MEMBERSHIP DUES RENEWAL 01-110-54-00-5460 784.00 INVOICE TOTAL: 784.00 CHECK TOTAL: 784.00 513480 ILCCMA ILLINOIS CITY/COUNTY 2012DUES 06/11/12 01 ADMIN-MEMBERSHIP DUES RENEWAL 01-110-54-00-5460 252.00 INVOICE TOTAL: 252.00 CHECK TOTAL: 252.00 513481 ILEAS ILLINOIS LAW ENFORCEMENT -28- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------------- 513481 ILEAS ILLINOIS LAW ENFORCEMENT DUES2084 04/02/12 01 POLICE-ILEAS 2012 ANNUAL DUES 01-210-54-00-5460 50.00 INVOICE TOTAL: 50.00 CHECK TOTAL: 50.00 513482 ILPDSEX ILLINOIS STATE POLICE SOR FUND-0612 06/12/12 01 ADMIN-SEX OFFENDERS 01-000-24-00-2437 30.00 02 REGISTRATION FUND ** COMMENT ** INVOICE TOTAL: 30.00 SOR FUND JARVINEN 05/14/12 01 ADMIN-SEX OFFENDERS 01-000-24-00-2437 30.00 02 REGISTRATION FUND ** COMMENT ** INVOICE TOTAL: 30.00 SOR FUNDER-SEEBOLD 05/14/12 01 ADMIN SEX OFFENDERS 01-000-24-00-2437 30.00 02 REGISTRATION FUND ** COMMENT ** INVOICE TOTAL: 30.00 CHECK TOTAL: 90.00 513483 ILPSAN ILLINOIS PUBLIC SAFETY AGENCY 036094 05/10/12 01 POLICE-ALERTS BILLING FOR 01-210-54-00-5484 3,330.00 02 07/01/12 - 12/13/12 ** COMMENT ** INVOICE TOTAL: 3,330.00 CHECK TOTAL: 3,330.00 513484 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 025919 05/22/12 01 SEWER OP-REPLACED BRAKE 52-520-54-00-5495 161.09 02 DIAPHRAM ** COMMENT ** INVOICE TOTAL: 161.09 CHECK TOTAL: 161.09 -29- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513485 INTEGRYS INTEGRYS ENERGY SERVICES, INC 19685011-1 05/21/12 01 WATER OP-2702 MILL RD 51-510-54-00-5480 3, 044.83 INVOICE TOTAL: 3,044.83 19772548-1 06/01/12 01 WATER OP-2921 BRISTOL RIDGE 51-510-54-00-5480 6, 483.56 INVOICE TOTAL: 6, 483.56 * 19772552-1 06/01/12 01 WATER OP-2224 TREMONT STREET 51-510-54-00-5480 2,978.36 INVOICE TOTAL: 2,978.36 * CHECK TOTAL: 12,506.75 513486 INTELCOM INTELLIGENT COMPUTING SOLUTION 120524001 05/24/12 01 WATER OP-ITRON COLLECTOR 51-510-54-00-5445 435.00 02 REPAIR ** COMMENT ** INVOICE TOTAL: 435.00 CHECK TOTAL: 435.00 513487 IPRF ILLINOIS PUBLIC RISK FUND 5389 06/01/12 01 ADMIN SERVICES-GENERAL, PARK & 01-640-52-00-5231 7, 406.00 02 REC, RECREATION WORKERS COMP ** COMMENT ** 03 WATER OP-JULY WORKERS COMP 51-510-52-00-5231 724.00 04 SEWER OP-JULY WORKERS COMP 52-520-52-00-5231 481.00 05 LIBRARY-JULY WORKERS COMP 82-820-52-00-5231 840.00 INVOICE TOTAL: 9,451.00 CHECK TOTAL: 9,451.00 513488 IRWA ILLINOIS RURAL WATER 10579 05/23/12 01 WATER OP-MEMBERSHIP RENEWAL 51-510-54-00-5460 389.00 INVOICE TOTAL: 389.00 CHECK TOTAL: 389.00 -30- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513489 ITRON ITRON 244291 05/12/12 01 WATER OP-HOSTING SERVICES 51-510-54-00-5445 456.23 INVOICE TOTAL: 456.23 * CHECK TOTAL: 456.23 513490 JCM JCM UNIFORMS, INC. 667967 05/29/12 01 POLICE-PANTS 01-210-56-00-5600 166.90 INVOICE TOTAL: 166.90 * CHECK TOTAL: 166.90 513491 JIMSTRCK JAMES GRIBBLE 140858 05/11/12 01 STREETS-TRUCK INSPECTION 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * 141050 05/30/12 01 SEWER OP-TRUCK INSPECTION 52-520-54-00-5495 26.00 INVOICE TOTAL: 26.00 * CHECK TOTAL: 52.00 513492 JOHNSOIL JOHNSON OIL COMPANY IL NP34428781 06/01/12 01 POLICE-GASOLINE 01-210-56-00-5695 3,091.33 INVOICE TOTAL: 3,091.33 * CHECK TOTAL: 3,091.33 513493 JSHOES JEFFREY L. JERABEK 7227-36 05/04/12 01 STREETS-BOOTS 01-410-56-00-5600 187.00 INVOICE TOTAL: 187.00 * CHECK TOTAL: 187.00 -31- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513494 JUSTSAFE JUST SAFETY, LTD 16909 05/23/12 01 SEWER OP-FIRST AID SUPPLIES 52-520-56-00-5620 64.85 INVOICE TOTAL: 64,85 CHECK TOTAL: 64.85 513495 KCACP KENDALL COUNTY ASSOCIATION 858334/858339 05/16/12 01 POLICE-MONTHLY LUNCH MEETING 01-210-54-00-5415 45.00 02 FOR TWO ALDERMAN ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 513496 KCRECORD KENDALL COUNTY RECORD 7422 05/03/12 01 COMM/DEV-WEED NOTICES 01-220-54-00-5426 71.20 INVOICE TOTAL: 71.20 8249 05/24/12 01 COMM/DEV-PUBLIC HEARING 01-220-54-00-5426 22.80 INVOICE TOTAL: 22.80 CHECK TOTAL: 94.00 513497 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 051412 05/14/12 01 ADMIN-FTA REIMBURSEMENT 01-000-24-00-2412 70.00 INVOICE TOTAL: 70.00 * 051412-2 05/14/12 01 ADMIN-FTA REIMBURSEMENT 01-000-24-00-2412 70.00 INVOICE TOTAL: 70.00 * 051412-3 05/14/12 01 ADMIN-FTA REIMBURSEMENT 01-000-24-00-2412 70.00 INVOICE TOTAL: 70.00 * 145113 06/12/12 01 ADMIN-FTA REIMBURSEMENT 01-000-24-00-2412 35.00 INVOICE TOTAL: 35.00 * -32- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 513497 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 219934 06/13/12 01 ADMIN-FTA REIMBURSEMENT 01-000-24-00-2412 70.00 INVOICE TOTAL: 70.00 * CHECK TOTAL: 315.00 513498 KENPRINT ANNETTE M. POWELL 18898 04/18/12 01 COMM/DEV-500 BUSINESS CARDS 01-220-56-00-5620 29.00 INVOICE TOTAL: 29.00 * 18957 06/04/12 01 ADMIN-500 ALDERMAN BUSINESS 01-110-56-00-5610 29.00 02 CARDS ** COMMENT ** INVOICE TOTAL: 29.00 * 18969 06/12/12 01 POLICE-500 BUSINESS CARDS 01 21Q-54-00-5430 29.00 INVOICE TOTAL: 29.00 * CHECK TOTAL: 87.00 513499 KETCHMAM MATTHEW KETCHMARK 053112 05/31/12 01 POLICE-ACTIVE O.I.C. TRAINING 01-210-54-00-5415 14.92 02 MEAL REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 14.92 * CHECK TOTAL: 14.92 513500 KONICAMI KONICA MINOLTA BUSINESS 221215074 05/30/12 01 POLICE-COPIER CHARGES 01-210-54-00-5430 20.26 INVOICE TOTAL: 20.26 * 221215075 05/30/12 01 ADMIN-COLOR COPIER CHARGES 01-110-54-00-5430 236.82 02 ADMIN-B/W COPIER CHARGES 01-110-54-00-5430 204.64 INVOICE TOTAL: 441.46 * -33- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAVE: 2/ TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513500 KONICAMI KONICA MINOLTA BUSINESS 221215107 05/30/12 01 WATER OP-COPIER CHARGES 51-510-54-00-5430 10.22 INVOICE TOTAL: 10.22 * 221215108 05/30/12 01 POLICE-COPIER CHARGES 01-210-54-00-5430 32.64 INVOICE TOTAL: 32.64 * 221215109 05/30/12 01 COMM/DEV-COLOR COPIER CHARGES 01-220-54-00-5430 89.04 02 COMM/DEV-B/W COPIER CHARGES 01-220-54-00-5430 29.53 INVOICE TOTAL: 118.57 * CHECK TOTAL: 623.15 513501 LENNAR LENNAR CHICAGO, INC. 052112 05/21/12 01 SEWER OP-RAINTREE VILLAGE 52-520-75-00-7500 30, 996.00 02 DEVELOPER COMMITMENT PAYMENT ** COMMENT ** INVOICE TOTAL: 30,996.00 CHECK TOTAL: 30,996.00 513502 LINCOLNF LINCOLN FINANCIAL GROUP 052412 05/24/12 01 ADMIN-JUNE LIFE INSURANCE 01-110-52-00-5222 50.36 02 ADMIN-ELECTED OFFICIAL JUNE 01-110-52-00-5236 70.20 03 LIFE INSURANCE ** COMMENT ** 04 FINANCE-JUNE LIFE INSURANCE 01-120-52-00-5222 37.77 O5 POLICE-JUNE LIFE INSURANCE 01-210-52-00-5222 580.52 06 COMM/DEV-JUNE LIFE INSURANCE 01-220-52-00-5222 55.78 07 STREETS-JUNE LIFE INSURANCE 01-410-52-00-5222 179.10 08 PARKS-JUNE LIFE INSURANCE 79-790-52-00-5222 101.67 09 RECREATION-JUNE LIFE INSURANCE 79-795-52-00-5222 33.39 10 WATER OP-JUNE LIFE INSURANCE 51-510-52-00-5222 102.36 11 SEWER OP-JUNE LIFE INSURANCE 52-520-52-00-5222 44.07 12 REC CENTER-JUNE LIFE INSURANCE 80-800-52-00-5222 7.25 -34- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513502 LINCOLNF LINCOLN FINANCIAL GROUP 052412 05/24/12 13 LIBRARY-JUNE LIFE INSURANCE 82-820-52-00-5222 134.93 INVOICE TOTAL: 1,397.40 CHECK TOTAL: 1,397.40 513503 MARINEBI ARCH CHEMICALS, INC 51793666 05/23/12 01 SUNFLOWER SSA-MAY SERVICE FOR 12-112-54-00-5495 812.00 02 WATER MAINTENANCE ** COMMENT ** INVOICE TOTAL: 812.00 CHECK TOTAL: 812.00 513504 MCCUE MC CUE BUILDERS, INC. 060512 06/05/12 01 ADMIN-SURETY GUARANTEE REFUND 01-000-24-00-2415 15,000.00 INVOICE TOTAL: 15,000.00 CHECK TOTAL: 15,000.00 513505 MCKIRGN RANDY MCKIRGAN 72813 05/18/12 01 STREETS-DIESEL 01-410-56-00-5695 928.87 02 WATER OP-DIESEL 51-510-56-00-5695 928.87 03 SEWER OP-DIESEL 52-520-56-00-5695 928.87 INVOICE TOTAL: 2, 786.61 CHECK TOTAL: 2,786.61 513506 MEADE MEADE ELECTRIC COMPANY, INC. 655081 05/15/12 01 STREETS-TRAFFIC SIGNAL REPAIR 01-410-56-00-5640 388.33 INVOICE TOTAL: 388.33 CHECK TOTAL: 388.33 -35- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: z9 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513507 MENLAND MENARDS - YORKVILLE 79058 05/07/12 01 STREETS-HAND CLEANER, LAUNDRY 01-410-56-00-5620 37.90 02 CONCENTRATE, CHAIN LUBE ** COMMENT ** INVOICE TOTAL: 37.90 * 79479 05/09/12 01 WATER OP-BLEACH 51-510-56-00-5638 7.76 INVOICE TOTAL: 7.76 * 79526 05/09/12 01 WATER OP-TOILET CLEANER, SOAP, 51-510-56-00-5638 33.00 02 GARBAGE BAGS ** COMMENT ** INVOICE TOTAL: 33.00 * 81325 05/15/12 01 POLICE-BATTERIES 01-210-56-00-5620 22.36 INVOICE TOTAL: 22.36 * 81567 05/16/12 01 WATER OP-SUMP PUMP 51-510-56-00-5640 57.99 INVOICE TOTAL: 57.99 * 81695 05/16/12 01 WATER OP-HOSE CLAMPS 51-510-56-00-5640 4.36 INVOICE TOTAL: 4.36 * 82204 05/18/12 01 WATER OP-HOLESAW, MANDREL 51-510-56-00-5630 5.78 INVOICE TOTAL: 5.78 * 82301 05/18/12 01 STREETS-P-TRAPS 01-410-56-00-5656 12.62 INVOICE TOTAL: 12.62 * 83237 05/21/12 01 STREETS-P-TRAPS 01-410-56-00-5656 10.14 INVOICE TOTAL: 10.14 * 84038 05/23/12 01 WATER OP-BATTERIES FOR LOCATES 51-510-56-00-5620 23.88 INVOICE TOTAL: 23.88 * 84245 05/24/12 01 LAND CASH-LUMBER FOR PARKING 72-720-60-00-6036 659.47 02 LOT CURB AT RAINTREE PARK B ** COMMENT ** INVOICE TOTAL: 659.47 * -36- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 30 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT -----------------------------------------------------------.------------------------------------------------- 513507 MENLAND MENARDS - YORKVILLE 84661 05/25/12 01 WATER OP-KEYED HANDLE LOCK 51-510-56-00-5630 7.99 INVOICE TOTAL: 7.99 * 84694 05/25/12 01 STREETS-LOCK NUTS 01-410-56-00-5656 2.98 INVOICE TOTAL: 2.98 * 85955 05/29/12 01 POLICE-BATTERIES 01-210-56-00-5620 9.58 INVOICE TOTAL: 9.58 * 85964 05/29/12 01 WATER OP-PVC PIPE, HOSE CLAMPS 51-510-56-00-5640 5.95 INVOICE TOTAL: 5.95 * 86172 05/30/12 01 STREETS-SPRING SNAPS AND QUICK 01-410-56-00-5620 56.23 02 LINKS FOR BINS ** COMMENT ** INVOICE TOTAL: 56.23 * 86484 05/31/12 01 WATER OP-HOSE CLAMP, GARBAGE 51-510-56-00-5638 15.46 02 BAGS ** COMMENT ** INVOICE TOTAL: 15.46 * 88139 06/05/12 01 WATER OP-BATTERIES 51-510-54-00-5483 23.88 INVOICE TOTAL: 23.88 * 88199 06/05/12 01 WATER OP-BOLTS 51-510-56-00-5640 3.18 INVOICE TOTAL: 3.18 * 89010 06/08/12 01 STREETS-AC VOLTAGE TESTER 01-410-56-00-5630 10.96 INVOICE TOTAL: 10.96 * CHECK TOTAL: 1,011.47 513508 MERLIN DEYCO, INC. 17054 05/08/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 32.70 INVOICE TOTAL: 32.70 -37- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 31 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------------------- - 513508 MERLIN DEYCO, INC. 17142 05/14/12 01 POLICE-TIRE PLUGS 01-210-54-00-5495 13.98 INVOICE TOTAL: 13.98 * 17216 05/17/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 32.70 INVOICE TOTAL: 32.70 * 17287 05/21/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * 17300 05/21/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * 17302 05/21/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * 17355 05/23/12 01 POLICE OIL CHANGE 01-210-54-00-5495 33.20 INVOICE TOTAL: 33.20 * 17405 05/29/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 32.70 INVOICE TOTAL: 32.70 * CHECK TOTAL: 235.13 513509 MESIROW •MESIROW INSURANCE SERVICES INC 770104 05/18/12 01 ADMIN SERVICES-GENERAL, 01-640-52-00-5231 8,473.00 02 PARK/REC & RECREATION WORKERS ** COMMENT ** 03 COMP. JULY INS. ** COMMENT ** 04 WATER OP-JULY WORKERS COMP. 51-510-52-00-5231 828.00 05 INS. ** COMMENT ** 06 SEWER OP-JULY WORKERS COMP INS 52-520-52-00-5231 551.00 07 LIBRARY-JULY WORKERS COMP. INS 82-820-52-00-5231 961.00 INVOICE TOTAL: 10,813.00 CHECK TOTAL: 10, 813.00 -38- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 32 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513510 MIDAM MID AMERICAN WATER 091232A 05/29/12 01 WATER OP-METER PARTS 51-510-56-00-5664 520.00 INVOICE TOTAL: 520.00 * CHECK TOTAL: 520.00 513511 MINER MINER ELECTRONICS CORPORATION 244740 06/05/12 01 POLICE-REPAIRED RADAR 01-210-54-00-5495 635.27 INVOICE TOTAL: 635.27 * 245373 05/11/12 01 POLICE-REPLACED MIC AND 01-210-54-00-5495 142.25 02 REPAIRED CONNECTIONS AT BASE ** COMMENT ** 03 OF LOBAND ANTENNA ** COMMENT ** INVOICE TOTAL: 142.25 * 245375 05/11/12 01 POLICE-TIGHTENED LOOSE LOCKING 01-210-54-00-5495 95.00 02 BRACKETS ON KODIACK DOCK ** COMMENT ** INVOICE TOTAL: 95.00 * 245376 05/17/12 01 POLICE-REPLACED RIGHT ALLEY 01-210-54-00-5495 102.15 02 LAMP ** COMMENT ** INVOICE TOTAL: 102.15 * 245443 06/05/12 01 POLICE-REPLACED BULB IN RED 01-210-54-00-5495 142.50 02 LOLIPOP LIGHT AND CHANGED DOCK ** COMMENT ** INVOICE TOTAL: 142.50 * CHECK TOTAL: 1, 117.17 513512 MJELECT MJ ELECTRICAL SUPPLY, INC. 105240-00 05/09/12 01 STREETS-RETURNED MERCHANDISE 01-410-56-00-5656 -330.00 02 CREDIT ** COMMENT ** INVOICE TOTAL: -330.00 -39- DATE: 06/19/12 UNITED CITY OF YORKVILLE TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------ 513512 MJELECT MJ ELECTRICAL SUPPLY, INC. 1128088-00 05/08/12 01 STREETS-BULBS 01-410-56-00-5640 32.00 INVOICE TOTAL: 32.00 * 1128088-01 05/09/12 01 STREETS-PHOTOCONTROL 01-410-56-00-5640 150.00 INVOICE TOTAL: 150.00 * 1128088-02 05/09/12 01 STREETS-BULBS 01-410-56-00-5640 250.00 INVOICE TOTAL: 250.00 * 1128088-03 05/10/12 01 STREETS-BALLAST KIT 01-410-56-00-5640 55.00 INVOICE TOTAL: 55.00 * 1128088-04 05/16/12 01 STREETS-BULBS 01-410-56-00-5640 42.00 INVOICE TOTAL: 42.00 * 1128106-00 05/09/12 01 STREETS WIRE 01-410-56-00-5640 6.90 INVOICE TOTAL: 6.90 * 1128108-01 05/11/12 01 STREETS-BULBS 01-410-56-00-5640 77.70 INVOICE TOTAL: 77.70 * 1128108-02 05/15/12 01 STREETS-PHOTOCONTROLS 01-410-56-00-5640 75.00 INVOICE TOTAL: 75.00 * 1128108-03 05/15/12 01 STREETS-BULBS 01-410-56-00-5640 117.00 INVOICE TOTAL: 117.00 * 1128110-01 05/11/12 01 STREETS-BULBS 01-410-56-00-5656 330.00 INVOICE TOTAL: 330.00 * 1128273-01 05/23/12 01 PD CAPITAL-WEATHER WARNING 20-200-60-00-6060 964.92 02 SIREN COMPONENTS ** COMMENT ** INVOICE TOTAL: 964.92 * 1128505-00 06/08/12 01 STREETS-LIGHT BULBS, PHOTOCELL 01-410-56-00-5640 530.00 -40- UNITED CITY OF YORKVILLE PAGE: 34 ATE: 06/19/12 CHECK REGISTER IME: 14:17:10 RG ID: AP215000.WOW CHECK DATE: 06/26/12 HECK # VENDOR # INVOICE INVOICE ITEM ACCOUNT # ITEM AMT NUMBER DATE # DESCRIPTION --------------------------------------------------------- -------------------------------------------- 513512 MJELECT MJ ELECTRICAL SUPPLY, INC. 1128505-00 06/08/12 02 BALLAST KIT ** COMMENT ** INVOICE TOTAL: 530.00 CHECK TOTAL: 2,300.52 513513 MLEEDS FBI TRAINING UNIT 081312 06/11/12 01 POLICE-DEVELOPMENT SEMINAR 01-210-54-00-5412 650.00 02 REGISTRATION ** COMMENT ** INVOICE TOTAL: 650.00 * CHECK TOTAL: 650.00 513514 NCI NORTHWEST COLLECTORS INC 071327 02/24/12 01 POLICE-COMM. ON COLLECTIONS 01-210-54-00-5467 58.00 INVOICE TOTAL: CHECK TOTAL: 58.00 513515 NCL NCL EQUIPMENT SPECIALTIES 9675 05/09/12 01 COMM/DEV-4' LATH BUNDLE 50 INVOICE 1-220-56-00-5620 201.28 CHECK TOTAL: 201.28 513516 NEMRT NORTH EAST MULTI-REGIONAL 157998 06/05/12 01 POLICE-REGISTRATION FOR 1 FOR 01-210-54-00-5412 50.00 ** ** 02 CRIMINAL LAW REVIEW FOR COMMENT 03 ILLINOIS PEACE OFFICERS ** COMMENT ** INVOICE TOTAL: 50.00 157708 06/08/12 01 POLICE-REGISTRATION FOR 1 FOR 01-210-54-00-5412 100.00 -41- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 35 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513516 NEMRT NORTH EAST MULTI-REGIONAL 157708 06/08/12 02 LAW REVIEW FOR ILLINOIS PEACE ** COMMENT ** 03 OFFICERS ** COMMENT ** INVOICE TOTAL: 100.00 CHECK TOTAL: 150.00 513517 NEXTEL NEXTEL COMMUNICATIONS 837900513 123-CITY 05/21/12 01 COMM/DEV-MONTHLY CHARGES 01-220-54-00-5440 150.73 02 POLICE-MONTHLY CHARGES 01-210-54-00-5440 862.88 03 SEWER OP-MONTHLY CHARGES 52-520-54-00-5440 131.13 04 STREETS-MONTHLY CHARGES 01-410-54-00-5440 166.51 05 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 202.25 INVOICE TOTAL: 1,513.50 CHECK TOTAL: 1,513.50 513518 NICOR NICOR GAS 07-72-09-0117 7-0512 05/22/12 01 ADMIN-1301 CAROLYN 01-110-54-00-5480 21.57 INVOICE TOTAL: 21.57 * CHECK TOTAL: 21.57 513519 OFFWORK OFFICE WORKS 206055 06/01/12 01 COMM/DEV-PAPER 01-220-56-00-5610 15.49 INVOICE TOTAL: 15.49 * CHECK TOTAL: 15.49 513520 OHERROND RAY O'HERRON COMPANY, INC. 0054463-IN 05/21/12 01 POLICE-PANTS 01-210-56-00-5600 258.00 INVOICE TOTAL: 258.00 * CHECK TOTAL: 258.00 -42- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 36 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000-WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM ITEM AMT NUMBER DATE # DESCRIPTION ACCOUNT # ------------------------------------------------------------------ 513521 OLSONB BART OLSON 060112 06/01/12 01 ADMIN-MAY 2012 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 513522 ORRK KATHLEEN FIELD ORR & ASSOC. 13754 06/05/12 01 ADMIN SERVICES-GENERAL ADMIN 01-640-54-00-5456 4,840.25 02 LEGAL MATTERS ** COMMENT ** 03 COMM/DEV-LEGAL MATTERS 01-220-54-00-5466 365.75 04 ADMIN SERVICES-KENDALL MARKET 01-640-54-00-5456 674.50 O5 PLACE LEGAL MATTERS ** COMMENT ** 06 ADMIN SERVICES-MEETINGS 01-640-54-00-5456 1,000.00 07 DOWNTOWN TIFF-LEGAL MATTERS 88-880-54-00-5466 2,869.00 08 COUNTRYSIDE TIF-LEGAL MATTERS 87-870 .54-00-5420 95.00 09 ADMIN SERVICES-WINDETTE RIDGE 01-640-54-00-5456 47.50 INVOICE TOTAL: 9, 892.00 * CHECK TOTAL: 9, 892.00 513523 PARADISE PARADISE CAR WASH 222371 06/01/12 01 POLICE-MAY CAR WASHES 01-210-54-00-5495 4.00 INVOICE TOTAL: 4.00 * CHECK TOTAL: 4.00 513524 PHILSTOP PHIL'S TOP SOIL, INC. 26903 06/02/12 01 STREETS-DIRT 01-410-54-00-5458 90.00 INVOICE TOTAL: 90.00 * CHECK TOTAL: 90.00 -43- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 37 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT --------------------------------------------------------------------------------------------------------- 513525 QUEST QUEST TECHNOLOGIES INC 286794 05/16/12 01 POLICE-210 ACCRED, QC-10 01-210-56-00-5640 357.51 02 ACCRED ** COMMENT ** INVOICE TOTAL: 357.51 * CHECK TOTAL: 357.51 513526 QUILL QUILL CORPORATION 2885449 05/02/12 01 POLICE-LASER FAX 01-210-56-00 5610 299.99 INVOICE TOTAL: 299.99 * 2976694 05/07/12 01 ADMIN-HOLDERS, POST-IT FLAGS 01-110-56-OD-5610 64.50 02 LABELS ** COMMENT ** INVOICE TOTAL: 64.50 * 3330169 05/23/12 01 ADMIN ENVELOPES 01-110-56 00-5610 39.99 INVOICE TOTAL: 39.99 * 3361677 05/24/12 01 POLICE-INK CARTRIDGES, STICKY 01-210-56-00-5610 93.85 02 BACK COINS ** COMMENT ** INVOICE TOTAL: 93.85 * 3373148 05/24/12 01 POLICE-FOLDERS 01-210-56-00-5610 58.98 INVOICE TOTAL: 58.98 * 833288 05/22/12 01 POLICE-RETURNED MERCHANDISE 01-210-56-00-5610 -299.99 02 CREDIT ** COMMENT ** INVOICE TOTAL: -299.99 * CHECK TOTAL: 257.32 513527 R0000594 BRIAN BETZWISER 060112-43 06/01/12 01 PW CAPITAL-PRINCIPAL PYMT #43 21-211-92-00-8000 2,447.80 -44- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 38 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ---------------------------------------------------------------------------------------------------------------- 513527 R0000594 BRIAN BETZWISER 060112-43 06/01/12 02 FOR 185 WOLF STREET ** COMMENT ** 03 PW CAPITAL-INTEREST PYMT #43 21-211-92-00-8050 4, 410.12 04 FOR 185 WOLF STREET ** COMMENT ** INVOICE TOTAL: 6,857.92 * CHECK TOTAL: 6,857.92 513528 R0001031 GUARANTEED GENERAL STORE 051412 05/14/12 01 ADMIN-OVERPAYMENT OF P8588 01-000-43-00-4320 25.00 INVOICE TOTAL: 25.00 * CHECK TOTAL: 25.00 513529 R0001032 CATHIE L. MOREHOUSE 052012 06/19/12 01 BEECHER DEPOSIT REFUND 01-000-24-00-2410 100.00 INVOICE TOTAL: 100.00 * CHECK TOTAL: 100.00 513530 R0001033 MARC MADSEN 052912 05/29/12 01 ADMIN-REFUND OVERAYMENT ON 01-000-13-00-1371 3.99 02 UTILITY BILLING ACCOUNT ** COMMENT ** 03 #0102052400-07 ** COMMENT ** INVOICE TOTAL: 3.99 * CHECK TOTAL: 3.99 513531 R0001039 SHERYL WOLF 061012 06/11/12 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-24-00-2410 100.00 INVOICE TOTAL: 100.00 * CHECK TOTAL: 100.00 -45- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 39 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513532 R0001042 ROSALYN ANDERSON 061212 06/12/12 01 ADMIN-REFUND OF TOW FEE PER 01-000-43-00-4325 500.00 02 JUDGEMENT ORDER ** COMMENT ** INVOICE TOTAL: 500.00 CHECK TOTAL: 500.00 513533 R0001043 ERIC AUCOIN 061212 06/12/12 01 ADMIN-RUFUND OF OVERPAYMENT 01-000-13-00-1371 92.94 02 ON FINAL ITILITY BILL FOR ** COMMENT ** 03 ACCOUNT 0101370800-01 ** COMMENT ** INVOICE TOTAL: 92.94 CHECK TOTAL: 92.94 513534 R0001047 JASON & JENA ARRIAGA 061812-BUILD 06/18/12 01 WATER OP-BUILD PROGRAM FOR 51-000-24-00-2445 3,700.00 02 1292 DEERPATH ** COMMENT ** 03 SEWER OP-BUILD PROGRAM FOR 52-000-24-00-2445 1,300.00 04 1292 DEERPATH ** COMMENT ** 05 WATER OP-BUILD PROGRAM FOR 51-510-54-00-5405 3,700.00 06 1292 DEERPATH ** COMMENT ** 07 SEWER OP-BUILD PROGRAM FOR 52-520-54-00-5405 1,300.00 08 1292 DEERPATH ** COMMENT ** INVOICE TOTAL: 10,000.00 CHECK TOTAL: 10,000.00 513535 RIS RECORD INFORMATION SYSTEMS INC 31775 05/14/12 01 COMM/DEV-52 WEEKS OF ACCESS 01-220-54-00-5462 575.00 02 TO KENDALL COUNTY DATABASES ** COMMENT ** INVOICE TOTAL: 575.00 CHECK TOTAL: 575.00 -46- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 40 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT --------------------------------------------------------------------------------------------------------------------------- 513536 RYANK KIM RYAN 051512 06/07/12 01 ADMIN-MAY 15TH PW MEETING 01-110-54-00-5462 72.50 02 MINUTES ** COMMENT ** INVOICE TOTAL: 72.50 CHECK TOTAL: 72.50 513537. SELECTLP SELECTIVE LABEL & PRINTING INC 24576 05/23/12 01 COMM/DEV-1, 000 NOTICE OF 01-220-56-00-5620 1, 034.78 02 VIOLATION SIGNS ** COMMENT ** INVOICE TOTAL: 1, 034.78 CHECK TOTAL: 1,034.78 513538 SENSUS SENSUS METERING SYSTEMS ZA13002005 05/10/12 01 WATER OP-ANNUAL SUPPORT 51-510-54-00-5462 1,524.60 02 RENEWAL ** COMMENT ** INVOICE TOTAL: 1,524.60 CHECK TOTAL: 1, 524.60 513539 SERVMASC SERVICEMASTER COMM. CLEANING 157080 05/15/12 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 513540 SHELL SHELL OIL CO. 065159923206-PW 06/05/12 01 COMM/DEV-GASOLINE 01-220-56-00-5695 70.70 02 SEWER OP-GASOLINE 52-520-56-00-5695 444.55 -47- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 41 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513540 SHELL SHELL OIL CO. 065159923206-PW 06/05/12 03 WATER OP-GASOLINE 51-510-56-00-5695 444.56 04 STREETS-GASOLINE 01-410-56-00-5695 444.56 INVOICE TOTAL: 1,404.37 CHECK TOTAL: 1, 404.37 513541 SHREDIT SHRED-IT 9400307670 05/04/12 01 ADMIN-ON SITE SHREDDING 01-110-54-00-5462 90.95 INVOICE TOTAL: 90.95 * CHECK TOTAL: 90.95 513542 SIMPLEX SIMPLEXGRINNELL LP 75109781 04/02/12 01 STREETS-ANNUAL FIRE ALARM 01-410-54-00-5446 1,269.00 02 SERVICE CONTRACT RENEWAL ** COMMENT ** INVOICE TOTAL: 1,269.00 CHECK TOTAL: 1,269.00 513543 SLEEZERJ SLEEZER, JOHN 060112 06/01/12 01 STREETS-MAY 2012 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 513544 SOFTWARE SOFTWARE PERFORMANCE 410973 05/31/12 01 ADMIN SERVICES-TRAVEL CHARGE 01-640-54-00-5450 25.00 02 FOR 05/09/12 SERVICE DATE ** COMMENT ** INVOICE TOTAL: 25.00 -48- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 42 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513544 SOFTWARE SOFTWARE PERFORMANCE 410976 05/31/12 01 ADMIN SERVICES-10 BLANK TAPES 01-640-54-00-5450 659.90 02 FOR LIBRARY ** COMMENT ** INVOICE TOTAL: 659.90 CHECK TOTAL: 684.90 513545 SOUND SOUND INCORPORATED D1266946 05/22/12 01 ADMIN SERVICES-PA SYSTEM 01-640-54-00-5450 1,556.60 02 REPAIR ** COMMENT ** INVOICE TOTAL: 1,556.60 D1268990 05/25/12 01 ADMIN SERVICES-INSTALLATION OF 01-640-54-00-5450 507.96 02 RACK PANEL FOR RECORDING FROM ** COMMENT ** 03 CAMERA ** COMMENT ** INVOICE TOTAL: 507.96 CHECK TOTAL: 2,064.56 513546 SPARLING SPARLING INSTRUMENTS, INC. 8921401 05/30/12 01 WATER OP-SERVICE OVERHAUL AND 51-510-56-00-5640 492.76 02 TEST ** COMMENT ** INVOICE TOTAL: 492.76 CHECK TOTAL: 492.76 513547 SPEEDWAY SPEEDWAY 1001542438-0512C 05/24/12 01 POLICE-GASOLINE 01-210-56-00-5695 693.18 02 STREETS-GASOLINE 01-410-56-00-5695 517.59 03 WATER OP-GASOLINE 51-510-56-00-5695 517.59 04 SEWER OP-GASOLINE 52-520-56-00-5695 517.58 05 COMM/DEV-GASOLINE 01-220-56-00-5695 101.76 INVOICE TOTAL: 2,347.70 CHECK TOTAL: 2,347.70 -49- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 43 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513548 STEVENS STEVEN'S SILKSCREENING 4013 05/17/12 01 POLICE-EMBROIDERED STAR AND 01-210-56-00-5600 32.00 02 NAME ** COMMENT ** INVOICE TOTAL: 32.00 * 4036 05/22/12 01 POLICE-UNIFORM EMBROIDERY AND 01-210-56-00-5600 170.00 02 SEWING ON OF PATCHES ** COMMENT ** INVOICE TOTAL: 170.00 * 4052 05/30/12 01 POLICE-EMBROIDERY 01-210-56-00-5600 80.04 INVOICE TOTAL: 80.04 * 4110 06/12/12 01 POLICE-GARMENT EMBROIDERY 01-210-56-00-5600 48.00 INVOICE TOTAL: 48.00 * CHECK TOTAL: 330.04 513549 STREICH STREICHERS I927572 05/10/12 01 POLICE-FUSEES WITH SPIKE, 01-210-56-00-5620 349.96 02 FUSEES WITHOUT SPIKE ** COMMENT ** INVOICE TOTAL: 349.96 * 1929870 05/17/12 01 POLICE-TACTICAL BOOTS 01-210-56-00-5600 86.98 INVOICE TOTAL: 86.98 * I934771 06/07/12 01 POLICE-SHIRTS AND PANTS 01-210-56-00-5600 264.92 INVOICE TOTAL: 264.92 * CHECK TOTAL: 701.86 513550 TAPCO TAPCO I393713 05/08/12 01 MFT-ROAD CLOSED SIGN 15-155-56-00-5619 106.00 INVOICE TOTAL: 106.00 * CHECK TOTAL: 106.00 -50- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 44 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----- ----------------------------------------------------------------------------------------- 513551 TIGERDIR TIGERDIRECT F99654940101 06/04/12 01 ADMIN SERVICES-REPLACEMENT 01-640-54-00-5450 672.34 02 LAPTOP ** COMMENT ** INVOICE TOTAL: 672.34 CHECK TOTAL: 672.34 513552 TKBASSOC TKB ASSOCIATES, INC. 9652 05/17/12 01 ADMIN SERVICES-LASERFICHE 01-640-54-00-5450 1,119.00 02 ANNUAL SERVICE AND MAINTENANCE ** COMMENT ** 03 CONTRACT RENEWAL ** COMMENT ** INVOICE TOTAL: 1, 119.00 CHECK TOTAL: 1,119.00 513553 TLCGROUP THE T.L.C. GROUP, LTD. 27443 05/31/12 01 FOX HILL SSA-MAY MOWING 11-111-54-00-5495 529.00 02 SUNFLOWER SSA-MAY MOWING 12-112-54-00-5495 500.00 INVOICE TOTAL: 1,029.00 * CHECK TOTAL: 1,029.00 513554 TRAFFIC TRAFFIC CONTROL CORPORATION 0000053905 05/09/12 01 STREETS-TRAFFIC SIGNAL REPAIR 01-410-56-00-5640 170.00 INVOICE TOTAL: 170.00 * CHECK TOTAL: 170.00 513555 TREASURE TREASURER STATE OF ILLINOIS FUND 527-061212 06/12/12 01 ADMIN-SEX OFFENDER MANAGEMENT 01-000-24-00-2437 10.00 02 BOARD FUND ** COMMENT ** INVOICE TOTAL: 10.00 -51- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAVE. in TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT -------------------------------------------------------------------------------------- 513555 TREASURE TREASURER STATE OF ILLINOIS FUND 527-JARVINEN 05/14/12 01 ADMIN-SEX OFFENDER MANAGEMENT 01-000-24-00-2437 10.00 02 BOARD FUND ** COMMENT ** INVOICE TOTAL: 10.00 * FUND 527-SEEBOLD 05/14/12 01 ADMIN-SEX OFFENDER MANAGEMENT 01-000-24-00-2437 10.00 02 BOARD FUND ** COMMENT ** INVOICE TOTAL: 10.00 * CHECK TOTAL: 30.00 513556 TROTSKY TROTSKY INVESTIGATIVE YORKVILLE PD 12-01 05/29/12 01 POLICE-POLICE APPLICANT 01-210-54-00-5411 625.00 02 POLYGRAPH EXAMS ** COMMENT ** INVOICE TOTAL: 625.00 CHECK TOTAL: 625.00 513557 VEOLIA VEOLIA ES SOLID WASTE MIDWEST T00000784610 05/25/12 01 HEALTH & SANITATION-05/01/12 - 01-540-54-00-5442 84, 768.50 02 05/31/12 TRASH SERVICE ** COMMENT ** 03 HEALTH & SANITATION-05/01/12 - 01-540-54-00-5441 13, 099.50 04 05/31/12 SENIOR BILLINGS ** COMMENT ** INVOICE TOTAL: 97,868.00 CHECK TOTAL: 97,868.00 513558 VIKICHEM VIKING CHEMICAL COMPANY 230825 05/31/12 01 WATER OP-CHEMICALS 51-510-56-00-5638 481.08 INVOICE TOTAL: 481.08 CHECK TOTAL: 481.08 -52- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 46 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT -------------------------------------------------------------------- 513559 VISA VISA 052712-CITY 05/27/12 01 FINANCE-REOCCURRING WEBSITE 01-120-54-00-5462 59.92 02 UPKEEP FEES ** COMMENT ** 03 STREETS-CONFERENCE LODGING AND 01-410-54-00-5412 705.03 04 MEALS FOR TWO PEOPLE ** COMMENT ** 05 FINANCE-CASH HANDLING AND 01-120-54-00-5412 155.00 06 UTILITY BILLING SEMINAR ** COMMENT ** 07 REGISTRATIONS ** COMMENT ** 08 WATER OP MONTHLY CABLE 51-510-56-00-5620 22.31 09 SEWER OP MONTHLY CABLE 52-520-56-00-5620 22.32 10 STREETS-MONTHLY CABLE 01-410-56-00-5620 22.32 11 WATER OP-STRAW MULCH 51-510-54-00-5495 35.96 INVOICE TOTAL: 1,022.86 CHECK TOTAL: 1,022.86 513560 VISA VISA 052712-PD 05/27/12 01 POLICE-TRAING TRAVEL EXPENSES 01-210-54-00-5415 92.20 02 POLICE-CABLES 01-210-56-00-5635 3.89 03 POLICE-2012 ILACP ANNUAL 01-210-54-00-5412 743.00 04 TRAINING CONFERENCE FOR 3 ** COMMENT ** 05 PEOPLE ** COMMENT ** 06 POLICE-CARD READERS FOR SQUAD 01-210-56-00-5635 53.46 07 ROOM ** COMMENT ** 08 POLICE-REFUND CREDIT 01-210-54-00-5412 -582.38 INVOICE TOTAL: 310.17 * CHECK TOTAL: 310.17 513561 WALMART WALMART COMMUNITY 052212 05/22/12 01 ADMIN-SOAP, PAPER TOWEL 01-110-56-00-5610 22.46 INVOICE TOTAL: 22.46 CHECK TOTAL: 22.46 -53- DATE: 06/19/12 UNITED CITY OF YORKVILLE ivy TIME: 19:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM ACCOUNT # ITEM AMT NUMBER DATE # DESCRIPTION ------------------------- ----------------------------------------------------- 513562 WAREHOUS WAREHOUSE DIRECT 05/25/12 01 ADMIN-ADDING TAPE 01-110-56-00-5610 4.75 1568330-0 * INVOICE TOTAL: 4.75 06/01/12 01 ADMIN-CALCULATOR RIBBON 01-110-56-00-5610 13.45 1579131-0 13.45 * INVOICE TOTAL: 06/12/12 01 FINANCE-PAPER 01-120-56-00-5610 2.08 1589038-0 27.80 02 WATER OP-PAPER 51-510-56-00-5620 03 SEWER OP- PAPER 52-520-56-00-5620 11.62 INVOICE TOTAL: 41.50 * 06/13/12 01 FINANCE-TONER 01-120-56-00-5610 8.82 1589038-1 51-510-56-00-5620 118.23 02 WATER OP-TONER 03 SEWER OP-TONER 52-520-56-00-5620 89.41 INVOICE TOTAL: 176.46 * CHECK TOTAL: 236.16 513563 WATERPRO RI WATERMAN PROPERTIES 060112-31 06/01/12 01 WATER OP-GRANDE RESERVE COURT 51-510-75-00-7502 22,988.77 02 ORDERED PYMT #31 ** COMMENT ** INVOICE TOTAL: 22,988.77 CHECK TOTAL: 22,988.77 513564 WATERSYS WATER SOLUTIONS UNLIMITED, INC 31532 05/10/12 01 WATER OP-PHOSPHATE 51-510-56-00-5638 2,587.50 INVOICE TOTAL: 2,587.50 CHECK TOTAL: 2,587.50 513565 WIREWIZ WIRE WIZARD OF ILLINOIS, INC -54- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 48 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT -------------------------------------------------------------------------------------- - 513565 WIREWIZ WIRE WIZARD OF ILLINOIS, INC 13857 06/01/12 01 WATER OP-JULY - SEPTEMBER 51-510-54-00-5462 500.00 02 ALARM MONITORING ** COMMENT ** 03 SEWER OP-JULY - SEPTEMBER 52-520-54-00-5462 121.00 04 ALARM MONITORING ** COMMENT ** INVOICE TOTAL: 621.00 CHECK TOTAL: 621.00 513566 WTRPRD WATER PRODUCTS, INC. 0232038 05/11/12 01 WATER OP-COUPLINGS, BAND 51-510-56-00-5640 539.21 02 CLAMPS, MISSION BANDS ** COMMENT ** INVOICE TOTAL: 539.21 CHECK TOTAL: 539.21 513567 YBSD YORKVILLE BRISTOL 050612 05/06/12 01 TRUST & AGENCY-MAY 2012 95-000-24-00-2450 222,311.12 02 SANITARY FEES ** COMMENT ** INVOICE TOTAL: 222,311.12 CHECK TOTAL: 222,311.12 513568 YORKACE YORKVILLE ACE & RADIO SHACK 143518 05/08/12 01 STREETS-CLEAR DRAIN ACID ROTO, 01-410-56-00-5656 16.98 02 BULBS ** COMMENT ** INVOICE TOTAL: 16.98 * 143627 05/14/12 01 STREETS-COUPLINGS 01-410-56-00 5656 8.48 INVOICE TOTAL: 8.48 * 143642 05/15/12 01 WATER OP-PARTS FOR COAX CABLE 51-510-56-00-5640 24.44 -55- )ATE: 06/19/12 UNITED CITY OF YORKVILLE DIME: 14:17:10 CHECK REGISTER ?RG ID: AP215000.WOW CHECK DATE: 06/26/12 HECK # VENDOR # INVOICE INVOICE ITEM ACCOUNT # ITEM AMT NUMBER DATE # DESCRIPTION ------------------------------------------------------ 513568 YORKACE YORKVILLE ACE & RADIO SHACK ** ** 143692 05/15/12 02 REPAIR COMMENT 29 44 * INVOICE TOTAL: 06/05/12 01 SEWER OP-BATTERIES 52-520-56-00-5610 7.99 INVOICE TOTAL: 199000 7.99 * CHECK TOTAL: 57.89 513569 YORKCLER YORKVILLE CLERK'S ACCOUNT 159062 05/11/12 01 ADMIN-FILING OF FINAL 01-110-54-00-5998 39.00 COMMENT ** 02 JUDGEMENT ORDER ** CO 39.00 * INVOICE TOTAL: 05/17/12 01 WATER OP-WATER LIENS 51-510-54-00-5462 137.00 159195 441.00 02 WATER OP-RELEASE OF WATER 51-510-54-00-5462 03 LIENS ** COMMENT ** INVOICE TOTAL: 578.00 * 154708 06/08/12 01 WATER OP-WATER LIENS 51-510-54-00-5998 147.00 02 WATER OP-RELEASE WATER LIENS 51-510-59-00-5948 98.00 03 WATER OP-RELEASE MOWING LIEN 21-211-54-00-5448 49.00 INVOICE TOTAL: 294.00 * CHECK TOTAL: 911.00 513570 YORKGFPC PETTY CASH 051112 05/11/12 01 ADMIN-FOOD, TRAVEL & PARKING 01-110-54-00-5415 31.08 02 REIMBURSEMENT FOR TWO PEOPLE ** COMMENT ** 03 FOR DEPOSITION ** COMMENT ** INVOICE TOTAL: 31.08 CHECK TOTAL: 31.08 -56- DATE: 06/19/12 UNITED CITY OF YORKVILLE PAGE: 50 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM ITEM AMT NUMBER DATE # DESCRIPTION ACCOUNT # ---------------------------------------------------------------- 513571 YORKNAPA YORKVILLE NAPA AUTO PARTS 002906 05/11/12 01 WATER OP-BRAKE PADS 51-510-56-00-5640 19.79 INVOICE TOTAL: 19.79 * 002923 05/11/12 01 WATER OP-BRAKE PADS 51-510-56-00-5640 11.00 INVOICE TOTAL: 11.00 * 003250 05/15/12 01 WATER OP-ROTORS, WHEEL SEAL, 51-510-56-00-5640 113.13 02 LITHIUM GREASE, WIRE BRUSH SET ** COMMENT ** INVOICE TOTAL: 113.13 * 003268 05/15/12 01 WATER OP-ROTORS 51-510-56-00-5640 43.55 INVOICE TOTAL: 43.55 * 004321 05/24/12 01 STREETS-FUEL FILTER 01-410-54-00-5495 57.31 INVOICE TOTAL: 57.31 * 004942 05/31/12 01 COMM/DEV-WIPER BLADE 01-220-56-00-5620 17.24 INVOICE TOTAL: 17.24 * CHECK TOTAL: 262.02 513572 YORKPDPC YORKVILLE POLICE DEPT. 051812 05/18/12 01 POLICE-OVERHEAR CABLE 01-210-56-00-5620 5.34 INVOICE TOTAL: 5.34 * 060512 06/05/12 01 POLICE-SQUAD REGISTRATION 01-210-56-00-5620 105.00 02 RENEWAL ** COMMENT ** INVOICE TOTAL: 105.00 * 061212 06/12/12 01 POLICE-GUN CLEANING BRUSH O1 210-56-00-5620 21.74 INVOICE TOTAL: 21.74 * CHECK TOTAL: 132.08 -57- DATE: 06/19/12 UNITED CITY OF YORKVILLE iAUr, '1 TIME: 14:17:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 06/26/12 CHECK # VENDOR # INVOICE INVOICE ITEM ACCOUNT # ITEM AMT NUMBER DATE # DESCRIPTION ------------------------------------------------------ 513573 YORKSELF YORKVILLE SELF STORAGE, INC 052312-45 05/23/12 01 POLICE-STORAGE 01-210-54-00-5485 75.00 INVOICE TOTAL: 75.00 CHECK TOTAL: 75.00 513574 YOUNGM MARLYS J. YOUNG 050312 06/04/12 01 ADMIN-MAY 3 PUBLIC SAFETY 01-110-54-00-5462 53.75 02 MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 53.75 * 050912 05/13/12 01 ADMIN-MAY 9 PLAN COMMISSION 01-110-54-00-5462 35.00 02 MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 35.00 * CHECK TOTAL: 88.75 TOTAL AMOUNT PAID: 752,504.84 -58- UNITED CITY OF YORKVILLE PAYROLL SUMMARY 5/25/2012 REGULAR OVERTIME TOTAL IMRF FICA TOTALS MAYOR& LIQ. COM. $ 908.34 $ - $ 908.34 $ - $ 69.49 $ 977.83 CLERK 741.67 - 741.67 23.30 45.02 809.99 TREASURER 500.00 - 500.00 48.20 38.25 586.45 ALDERMAN 4,000.00 - 4,000.00 385.60 253.35 4,638.95 ADMINISTRATION 9,183.64 - 9,183.64 885.30 646.69 10,715.63 FINANCE 6,533.70 - 6,533.70 629.85 484.17 7,647.72 POLICE 72,676.76 2,091.09 74,767.85 444.45 5,464.69 80,676.99 COMMUNITY DEV. 7,540.20 - 7,540.20 660.36 557.23 8,757.79 STREETS 9,907.98 75.17 9,983.15 962.37 736.42 11,681.94 WATER 13,196.16 913.51 14,109.67 1,360.17 1,037.71 16,507.55 SEWER 7,247.99 - 7,247.99 698.71 539.69 8,486.39 PARKS 17,393.50 443.38 17,836.88 1,663.95 1,311.60 20,812.43 RECREATION 10,511.69 - 10,511.69 819.93 777.72 12,109.34 REC. CENTER 6,488.56 - 6,488.56 343.67 496.49 7,328.72 LIBRARY 16,671.83 - 16,671.83 901.66 1,247.71 18,821.20 TOTALS $ 183,502.02 $ 3,523.15 $ 187,025.17 $ 9,827.52 $ 13,706.23 $ 210,558.92 TOTAL PAYROLL $ 210,558.92 -59- UNITED CITY OF YORKVILLE PAYROLL SUMMARY 6/8/2012 REGULAR OVERTIME TOTAL IMRF FICA TOTALS ADMINISTRATION $ 10,443.84 $ - $ 10,443.84 $ 1,006.78 $ 743.09 $ 12,193.71 FINANCE 7,618.11 - 7,618.11 763.32 590.09 8,971.52 POLICE 80,754.11 8,718.36 89,472.47 505.71 6,594.20 96,572.38 COMMUNITY DEV. 7,374.45 - 7,374.45 644.94 544.54 8,563.93 STREETS 10,910.29 - 10,910.29 1,051.76 807.34 12,769.39 WATER 15,277.98 180.84 15,458.82 1,490.23 1,140.92 18,089.97 SEWER 8,039.37 - 8,039.37 775.00 600.22 9,414.59 PARKS 18,783.63 214.1.0 18,997.73 1,679.25 1,411.86 22,088.84 RECREATION 10,903.35 - 10,903.35 923.14 807.67 12,634.16 REC. CENTER 6,034.01 - 6,034.01 320.82 469.42 6,824.25 LIBRARY 16,771.28 - 16,771.28 971.50 1,255.36 18,998.14 TOTALS $ 192,910.42 $ 9,113.30 $ 202,023.72 $ 10,132.45 $ 14,964.71 $ 227,120.88 TOTAL PAYROLL $ 227,120.88 -60- UNITED CITY OF YORKVILLE PAYROLL SUMMARY 6/22/2012 REGULAR OVERTIME TOTAL IMRF FICA TOTALS MAYOR&LIQ. COM. $ 808.34 $ - $ 808.34 $ - $ 61.84 $ 870.18 CLERK 741.67 - 741.67 23.30 45.02 809.99 TREASURER 500.00 - 500.00 48.20 38.25 586.45 ALDERMAN 3,800.00 - 3,800.00 366.32 238.05 4,404.37 ADMINISTRATION 9,183.63 - 9,183.63 885.30 646.68 10,715.61 FINANCE 6,533.70 - 6,533.70 629.86 484.17 7,647.73 POLICE 73,692.94 1,561.74 75,254.68 444.45 5,495.05 81,194.18 COMMUNITY DEV. 7,060.20 - 7,060.20 614.09 520.51 8,194.80 STREETS 9,907.99 - 9,907.99 955.13 730.67 11,593.79 WATER 11,036.65 77.89 11,114.54 1,071.44 811.64 12,997.62 SEWER 7,247.98 - 7,247.98 698.71 539.69 8,486.38 PARKS 17,715.74 - 17,715.74 1,492.62 1,302.30 20,510.66 RECREATION 9,883.70 - 9,883.70 806.64 729.69 11,420.03 REC. CENTER 7,373.45 - 7,373.45 274.04 564.18 8,211.67 LIBRARY 16,853.12 - 16,853.12 901.66 1,261.61 19,016.39 TOTALS $ 182,339.11 $ 1,639.63 $ 183,978.74 $ 9,211.76 $ 13,469.35 $ 206,659.85 TOTAL PAYROLL $ 206,659.85 -sy- UNITED CITY OF YOR"ILLE CITY COUNCIL BILL LIST SUMMARY Tuesday,June 26,2012 PAYROLL DATE BI-WEEKLY 5/25/2012 $203,545.70 ELECTED OFFICIAL 5125/2012 $7,013.22 BI-WEEKLY 618/2012 $227,120.88 ELECTED OFFICIAL 6/22/2012 $6,670.99 BI-WEEKLY 6/22/2012 $199,988.86 TOTAL PAYROLL $644,339.65 ACCOUNTS PAYABLE BILLS LIST-FY 12 6/26/2012 $204,709.16 BILLS LIST-FY 13 6/26/2012 $752,504.84 MANUAL BILL LIST-YORKVILLEPOSTOFFICE-UBBILLS 6/7/2012 $1,384.75 MANUAL BILL LIST-BARTLETT BUILD PROGRAM 6112/2012 $10,000.00 MANUAL BILL LIST-YORKVILLE POST OFFICE-UB PENALTY BILLS 6/13/2012 $332.76 MANUAL BILL LIST-GREENFIELD BUILD PROGRAM 6/13/2012 $10,000.00 MANUAL BILL LIST-MARTIN BUILD PROGRAM 6/19/2012 $10,000.00 TOTAL BILLS PAID $988,931.51 ONLINE PAYMENTS SHELL OIL COMPANY-MAY PD GASOLINE 6/11/2012 $2,474.16 BP AMOCO OIL COMPANY-MAY PD GASOLINE 6/14/2012 $213.06 TOTAL BILLS PAID $2,687.22 WIRE TRANSFERS BNY MELLON-YORKVILLE04C INTEREST PMT 6/25/2012 $2,232.50 BNY MELLON-YORKVILE05A INTEREST PMT 6/25/2012 $60,689.38 BNY MELLON-YRKVILLE07A INTEREST PMT 6/25/2012 $61,726.88 BNY MELLON-YRKVILLE05C INTEREST PMT 6/25/2012 $37,287.50 BNY MELLON-YORKVILLE04B INTEREST PMT 6/25/2012 $46,925.00 BNY MELLON-YORKVILLE04 INTEREST PMT 6/25/2012 $9,368.75 US BANK -IRBB 2003B INTEREST PMT 6/25/2012 $33,123.75 BNY MELLON-YRKVILLE06A INTEREST PMT 6/26/2012 $109,903.13 TOTAL WIRE TRANSFERS $361,256.89 TOTAL DISBURSEMENTS $1,997,215.27 Reviewed By: Agenda Item Number 6 Legal ■ CA#2 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number m Human Resources ■ C�"Sad `�t3 Community Development ❑❑ ADM 2011-40 Police ALE ��' Public Works ❑ Agenda Item Summary Memo Title: Resolution Approving a Revised Employee Manual Meeting and Date: City Council —June 26, 2012 Synopsis: A revised Employee Manual to replace the current 2004 manual. Council Action Previously Taken: Date of Action: 02/10/2004 Action Taken: Approval of current Employee Manual. Item Number: Res. 2004-02 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Meghan Ostreko Administration Name Department Agenda Item Notes: Memorandum EST. , — 1836 To: City Council O6 From: Meghan Ostreko, HR Manager Boa, p Date: June 18, 2012 <LE`o.' ,� Subject: Revised Employee Manual Summary A revised Employee Manual to replace the current 2004 manual. Background The City's current Employee Manual (attached) was approved in February of 2004. Since its approval there have been various policy revisions. There have also been multiple policies approved relating to personnel that were not approved as amendments to the Manual. In its current state the Employee Manual is incomplete and inefficient as it lacks clear standards for personnel practices and fails to address many labor laws. Staff has been working on a revised Employee Manual over the past several years by researching other municipalities' manuals, studying labor laws and discussing past experiences and practices. Beginning this past fall, and over several months of committee meetings, the draft revised Employee Manual was reviewed section by section by the Administration Committee. It has also been thoroughly reviewed by the City's labor attorney. Notable changes New Section 2.7 Drug Free Workplace PolicX (Replaces old Sections 3.3 & 3.4) — Expanded to clarify and further detail the drug testing process for DOT and non-DOT employees. Provides for post-offer/pre-employment drug testing for all employees, including part-time and seasonal employees. New Section 2.17.6 Transitional Duty (New to Employee Manual) — Provides for light duty (when available) to injured workers, which is something the City has not considered in the past. New Section 4.1 Vacation Leave (Replaces old Section 7.1) — Changes include adding another level of vacation time, giving exempt employees more vacation time sooner than non- exempt employees, clarifying how vacation can be rolled over from year to year, and allowing a limited amount (half of the first years accrual) of vacation time to be used at the 6-month mark (instead of after one year). New Section 4.3 Sick Leave (Replaces old Section 7.3) —Employees must be retiring and have at least 20 years of service at the City to cash out sick leave (at 50% of pay rate) upon termination. Previously only 10 years of service was required. New Section 5.7 Re-Employment (New to Employee Manual) — Addresses re- employment of former employees. Distinguishes difference between employees who resigned and employees who were laid off in regards to prior service credit. New Section 6.6 Probationary Period (Replaces old Section 2.3)— Shortens probationary period from 12 months to 6 months. Requires performance evaluations after 90 days and at end of probationary period. Recommendation The Administration Committee, at their May 17th meeting, unanimously recommended moving the revised Employee Manual forward to City Council for approval. Staff is seeking approval of the revised Employee Manual, as attached, effective July 15, 2012. (The delayed effective date will allow time for distribution and training on the new manual) RESOLUTION NO. 2012- RESOLUTION APPROVING A REVISED EMPLOYEE MANUAL WHEREAS, the City Council of the United City of Yorkville has considered and discussed the importance of updating the United City of Yorkville Employee Manual, and WHEREAS, the text of the United City of Yorkville Employee Manual the City Council now desires to adopt is set forth on the attached Exhibit"A"which is incorporated herein, and WHEREAS, it has been determined to be in the best interests of the United City of Yorkville to repeal the previous Employee Manual, approved on February 10, 2004, and any amendment thereto, and adopt a revised Employee Manual in the form attached hereto in Exhibit «A„ NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the United City of Yorkville Employee Manual in the form set forth on Exhibit "A" attached hereto and incorporated herein is hereby adopted as the Employee Manual of the City and the previous Employee Manual and any amendment thereto adopted by the City Council is hereby repealed in its entirety. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2012. CITY CLERK Resolution No.2012- Page 1 CHRIS FUNKHOUSER DIANE TEELING LARRY KOT JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR 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 REVISED United City of Yorkville Employee anu a Effective: 07/15/2012 � , 4 ♦ Seat ' KOM G-My L UNITED CITY OF YORKVILLE EMPLOYEE MANUAL TABLE OF CONTENTS Section 1 Introduction 1.1 Purpose and Mission Statement ..........................................................................................1 1.2 Application and Scope ........................................................................................................1 1.3 Gender and Singular Plural Clause .....................................................................................2 1.4 Collective Bargaining .........................................................................................................2 1.5 Amendments .......................................................................................................................2 1.6 History of City ....................................................................................................................2 1.7 City Vision Statement .........................................................................................................3 1.8 Definitions, Roles, and Responsibilities .............................................................................4 1.8.1 City Council..........................................................................................................4 1.8.2 Mayor ...................................................................................................................5 1.8.3 Board of Fire and Police Commissioners ............................................................5 1.8.4 Types of Employees .............................................................................................5 1.8.4.1 Department Heads ..............................................................................5 1.8.4.2 Supervisory ........................................................................................6 1.8.4.3 Non-Exempt Full-Time ......................................................................6 1.8.4.4 Part-Time ...........................................................................................6 1.8.4.5 Volunteers ..........................................................................................6 Section 2 Personal Conduct 2.1 Standards of Conduct ..........................................................................................................7 2.1.1 Ethics Ordinance ..................................................................................................7 2.1.2 Gift Ban ................................................................................................................8 2.1.3 Fraud Prevention ..................................................................................................9 2.1.3.1 Reporting and Investigation Procedures ..........................................10 2.1.3.2 Termination ......................................................................................11 2.2 Compliance with Rules and Regulations ..........................................................................11 2.2.1 Minor Infraction Guidelines ..............................................................................11 2.2.2 Major Infraction Guidelines ...............................................................................12 2.3 Anti-Harassment Policy ....................................................................................................13 2.4 Threats, Violence and Weapons .......................................................................................14 2.4.1 Workplace Violence Policy ...............................................................................14 2.4.2 Prohibited Conduct ............................................................................................14 2.4.3 Reporting Procedures .........................................................................................14 2.4.4 Investigation and Responsive Action .................................................................15 2.4.5 No Retaliation ....................................................................................................15 2.5 Conflict of Interest ............................................................................................................15 2.5.1 Permitted Reasonable Exceptions ......................................................................16 2.5.2 Use of City Property ..........................................................................................16 v UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 2.6 Solicitation and Distribution .............................................................................................16 2.7 Drug Free Workplace Policy ............................................................................................17 2.7.1 Substance Use (Non-DOT Employees) .............................................................17 2.7.1.1 Statement of Policy .......................................................................17 2.7.1.2 Drug and Alcohol Testing Programs .............................................19 2.7.1.2.1 Pre-Employment Testing .........................................19 2.7.1.2.2 Reasonable Suspicion Testing .................................20 2.7.1.2.3 Post-Accident Testing ..............................................21 2.7.1.2.4 Return to Duty Testing .............................................21 2.7.1.3 Testing Methodology ....................................................................22 2.7.1.4 Disciplinary Provisions .................................................................22 2.7.1.5 Notification to Employer of Conviction .......................................23 2.7.2 Substance Use (DOT Employees) .....................................................................23 2.7.2.1 Applicability .................................................................................24 2.7.2.2 Prohibited Conduct .......................................................................24 2.7.2.2.1 Alcohol .....................................................................24 2.7.2.2.2 Drugs ........................................................................25 2.7.2.3 Drug and Alcohol Testing Programs .............................................25 2.7.2.3.1 Pre-Employment Testing .........................................25 2.7.2.3.2 Reasonable Suspicion Testing .................................26 2.7.2.3.3 Post-Accident Testing ..............................................26 2.7.2.3.4 Random Testing .......................................................28 2.7.2.3.5 Return to Duty Testing .............................................29 2.7.2.4 Testing Methodology ....................................................................29 2.7.2.5 Disciplinary Provisions .................................................................31 2.7.2.6 Notice to Employer of Conviction ................................................31 2.7.3 Substance Use (Employees in Bargaining Units) ..............................................31 2.8 Smoking and Tobacco .......................................................................................................31 2.9 Uniforms and Dress Code .................................................................................................31 2.9.1 Uniforms ............................................................................................................31 2.9.1.1 Taxation of Uniforms ....................................................................32 2.9.2 Dress Code .........................................................................................................32 2.9.2.1 Office Attire ..................................................................................32 2.9.2.2 Field Attire ....................................................................................32 2.9.2.3 Casual Friday ................................................................................33 2.9.2.4 Compliance ...................................................................................33 2.9.2.5 Enforcement ..................................................................................33 2.10 Information Systems Use Policy .......................................................................................33 2.10.1 General Policies .................................................................................................33 2.10.1.1 Ownership .....................................................................................33 2.10.1.2 Privacy ..........................................................................................34 2.10.1.3 Monitoring ....................................................................................34 v UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 2.10.1.4 Purchasing .....................................................................................34 2.10.1.5 Resource Consumption .................................................................34 2.10.2 Computer Usage Policy......................................................................................34 2.10.2.1 Business Use .................................................................................34 2.10.2.2 Network Security ..........................................................................35 2.10.2.3 Laptop Usage ................................................................................35 2.10.2.4 Malicious Software Protection ......................................................35 2.10.2.5 Hardware .......................................................................................35 2.10.2.6 File Security ..................................................................................35 2.10.3 Software Application Usage ..............................................................................36 2.10.3.1 Installation and Removal ..............................................................36 2.10.3.2 Licensing .......................................................................................36 2.10.3.3 Database Applications ..................................................................36 2.10.4 Email Usage Policy ............................................................................................36 2.10.4.1 Ownership .....................................................................................36 2.10.4.2 Professional Communication ........................................................37 2.10.5 Internet Use Policy .............................................................................................37 2.10.5.1 Personal Use Policy ......................................................................37 2.10.5.2 Restricted Materials ......................................................................37 2.10.5.3 Professional Communication ........................................................37 2.10.5.4 Responsibility for Content ............................................................38 2.10.6 Retention of Public Records ..............................................................................38 2.10.6.1 Email Retention ............................................................................38 2.10.6.2 Electronic Document Retention ....................................................38 2.11 Emergency Contact Information .......................................................................................38 2.12 Outside Employment ........................................................................................................38 2.12.1 Restrictions ........................................................................................................38 2.12.2 Approval for Outside Employment ....................................................................39 2.12.3 Considerations for Disapproval .........................................................................39 2.13 City Identification Cards ...................................................................................................39 2.14 Tardiness and Absenteeism ...............................................................................................40 2.14.1 Habitual Tardiness/Lateness ..............................................................................40 2.14.2 Failure to Report to Work ..................................................................................40 2.14.3 Excusable Absences ...........................................................................................40 2.15 Disciplinary Action ...........................................................................................................40 2.15.1 Cause for Disciplinary Action ...........................................................................40 2.15.2 Investigation .......................................................................................................41 2.15.3 Pre-Disciplinary Conference ..............................................................................41 2.15.3.1 Proceedings of the Pre-Disciplinary Conference ..........................41 2.15.4 Types of Disciplinary Action .............................................................................41 2.15.4.1 Oral Warning ................................................................................41 2.15.4.2 Written Reprimand ........................................................................42 v UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 2.15.4.3 Suspension Without Pay ...............................................................42 2.15.4.4 Emergency Suspension With Pay .................................................43 2.15.4.5 Suspension With Pay ....................................................................43 2.15.4.6 Termination ...................................................................................43 2.15.5 Probationary Employees—Termination ............................................................43 2.15.6 Filing Disciplinary Actions in Personnel File ....................................................44 2.16 Grievances .........................................................................................................................44 2.16.1 Procedure for Filing a Grievance .......................................................................44 2.17 Safety and Health ..............................................................................................................45 2.17.1 Supervisor Responsibilities ................................................................................45 2.17.2 Employee Responsibilities .................................................................................45 2.17.3 Personal Protective Equipment ..........................................................................45 2.17.3.1 Hard Hats ......................................................................................46 2.17.3.2 Safety Shoes ..................................................................................46 2.17.3.3 Safety Harness ..............................................................................46 2.17.3.4 Safety Vest ....................................................................................46 2.17.3.5 Safety Glasses ...............................................................................46 2.17.3.6 Non-compliance with Safety Requirements .................................46 2.17.4 Worker's Compensation ....................................................................................47 2.17.4.1 Employee Injury/Accident Reporting Requirements ....................47 2.17.4.2 Supervisor Reporting Requirements .............................................48 2.17.4.3 Human Resources Reporting Requirements .................................48 2.17.5 Work Related Injury Compliance ......................................................................48 2.17.5.1 Appointments and Follow Up .......................................................49 2.17.5.2 Transitional Duty ..........................................................................49 2.17.5.3 Case Management .........................................................................49 2.17.5.4 Paycheck and Benefits ..................................................................49 2.17.5.5 Accrual of Time ............................................................................49 2.17.5.6 Medical Bills .................................................................................49 2.17.5.7 Released to Work ..........................................................................50 2.17.6 Transitional Duty ...............................................................................................50 2.17.6.1 Physician Certification ..................................................................50 2.17.6.2 Transitional Duty Time Limitations/Restrictions .........................50 2.17.7 Accommodation Hearing ...................................................................................51 2.17.8 Use of City-Owned Motor Vehicles ..................................................................51 2.17.8.1 Vehicle Guidelines ........................................................................51 2.17.8.2 Take Home Vehicles .....................................................................52 2.17.8.3 Regulations Relating to Vehicle Use ............................................52 2.17.8.4 Reimbursement for Personally-Owned Vehicle Use ....................53 2.17.9 Collision Investigation Involving City Employees ............................................53 2.17.9.1 Vehicle Accident Reporting Requirements—Employee ..............53 2.17.9.2 Vehicle Accident Reporting Requirements— Supervisor .............53 v UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 2.17.9.3 Investigation Procedure ................................................................54 2.17.9.4 Employee Statements ....................................................................54 2.17.10 Emergency Conditions .......................................................................................54 2.17.10.1 Closing City Offices ..........................................................................54 2.18 Workplace Inspections ......................................................................................................55 2.18.1 Administrative Inspections ................................................................................55 2.18.2 Criminal Inspections/Searches ...........................................................................55 2.19 Nepotism ...........................................................................................................................55 2.19.1 Prohibition on Employing the Spouse/Relatives of Department Heads/Elected Officials/Paid Appointed Officers (Anti-Nepotism) ..........................................55 2.19.2 Spouse/Relatives of Department Heads/Elected Officials .................................55 2.19.3 Relatives of all Employees .................................................................................56 2.20 Dissemination of Information Policy ................................................................................56 2.21 Use of Telephones .............................................................................................................57 2.21.1 Personal Use of Telephones ...............................................................................57 2.21.2 Cell Phone Policy ...............................................................................................57 2.21.2.1 Procedure ......................................................................................57 2.21.2.2 Allotted Minutes ...........................................................................58 2.21.2.3 Eligibility Criteria .........................................................................58 2.21.2.4 Employee Responsibilities ............................................................58 2.21.2.5 Department Head Responsibilities ................................................59 2.21.2.6 Repairs and Replacement of Equipment .......................................59 2.21.2.7 Termination ...................................................................................59 Section 3 Direct Compensation 3.1 Regular Hours of Work .....................................................................................................60 3.1.1 Workday Hours and Lunch Breaks ....................................................................60 3.1.2 Work Schedule ...................................................................................................60 3.2 Shift Changes ....................................................................................................................60 3.3 Payroll Administration ......................................................................................................60 3.4 Callback Pay .....................................................................................................................61 3.5 Overtime Scheduling ........................................................................................................61 3.6 Overtime Pay ....................................................................................................................61 3.7 Compensation Time ..........................................................................................................61 3.8 Public Works On Call .......................................................................................................62 3.9 Flex Time ..........................................................................................................................62 3.10 Longevity Pay ...................................................................................................................62 3.11 Performance Evaluations and Pay Adjustments ...............................................................62 3.11.1 Employee Performance Evaluations ..................................................................62 3.11.2 Pay Adjustments ................................................................................................63 v UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Section 4 Employment Benefits 4.1 Vacation Leave .................................................................................................................64 4.2 Holiday Leave ...................................................................................................................65 4.3 Sick Leave .........................................................................................................................65 4.3.1 Purpose, Allowance and Accumulation .............................................................65 4.3.2 Medical Verification ..........................................................................................66 4.3.3 Sick Leave Utilization ........................................................................................66 4.3.4 Unused Sick Leave ............................................................................................66 4.3.5 Sick Leave Donation Policy ...............................................................................66 4.4 Reporting of Absences ......................................................................................................67 4.5 Duty Related Illness Leave ...............................................................................................67 4.6 Emergency and Bereavement Leave .................................................................................67 4.7 Uniformed Services Employment and Reemployment Rights Act ..................................67 4.8 Illinois Family Military Leave Act ...................................................................................68 4.9 Jury Duty Leave ................................................................................................................68 4.10 Time Off for Voting ..........................................................................................................68 4.11 Unpaid Discretionary Leave .............................................................................................68 4.12 Employee Benefits Information ........................................................................................69 4.13 Health and Life Insurance Coverage .................................................................................69 4.14 Pension Participation ........................................................................................................70 4.14.1 Eligibility ...........................................................................................................70 4.14.2 Military Service Credit ......................................................................................70 4.15 Continuation of Medical Coverage ...................................................................................70 4.16 Education ..........................................................................................................................70 4.17 Training and Certificates ...................................................................................................71 4.18 Lodging and Meal Expenses .............................................................................................71 4.18.1 Family Lodging and Accompaniment ...............................................................72 4.19 Internal Revenue 457 Deferred Compensation Plan .........................................................72 4.20 Additional Voluntary Benefits ..........................................................................................72 4.21 Victim's Economic Security and Safety Leave ................................................................72 4.21.1 Coverage and Eligibility ....................................................................................72 4.21.2 Notification and Verification .............................................................................73 4.21.3 Time Allowed ....................................................................................................73 4.21.4 Substitution of Paid Leave .................................................................................73 4.21.5 Job Protection .....................................................................................................73 4.22 Blood and Organ Donation Leave ....................................................................................73 4.22.1 Blood Donation ..................................................................................................73 4.22.2 Organ Donation ..................................................................................................74 4.23 School Conference and Activity Leave ............................................................................74 4.23.1 Eligibility Requirement ......................................................................................74 4.23.2 Notice Provisions ...............................................................................................74 v UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 4.24 Disability Leave ................................................................................................................74 4.24.1 Disability—Non Work Related ..........................................................................74 4.24.1.1 Less than One (1) Year's Employment .........................................74 4.24.1.2 More than One (1) Year's Employment .......................................75 4.24.2 Disability—Work Related .................................................................................75 4.24.2.1 Less than One (1) Year's Employment .........................................75 4.24.2.2 More than One (1) Year's Employment .......................................75 4.25 Family and Medical Leave ................................................................................................76 4.25.1 General Statement ..............................................................................................76 4.25.2 Eligibility ...........................................................................................................76 4.25.3 Reasons for Leave ..............................................................................................76 4.25.3.1 Serious Health Condition ..............................................................77 4.25.3.2 Qualifying Exigency Leave ..........................................................78 4.25.3.3 Military Care Giver Leave ............................................................78 4.25.4 Leave is Unpaid .................................................................................................80 4.25.5 Notice of Leave ..................................................................................................80 4.25.6 Medical Certification .........................................................................................81 4.25.7 Medical and Other Benefits ...............................................................................81 4.25.8 Returning from Leave ........................................................................................81 4.25.9 Reporting While on Leave .................................................................................82 4.25.10 Intermittent and Reduced Leave Schedule ........................................................82 4.25.11 Policy Administration ........................................................................................82 4.25.12 Interrelation of Leaves .......................................................................................82 4.25.13 Anti-Retaliation Provisions ................................................................................82 4.25.14 FMLA Forms .....................................................................................................83 4.26 Benefits While on Leave ...................................................................................................83 Section 5 Separation 5.1 Termination .......................................................................................................................84 5.2 Employee Termination and Exit Process ..........................................................................84 5.2.1 Service Retirement .............................................................................................84 5.2.2 Disability Resignation ........................................................................................84 5.2.3 Employee Initiated Resignation .........................................................................84 5.2.4 Probationary Termination ..................................................................................84 5.2.5 Layoff.................................................................................................................85 5.2.6 Exit Interview .....................................................................................................85 5.2.7 Termination Date ...............................................................................................86 5.2.8 Continuation of Benefits ....................................................................................86 5.2.8.1 Continuation of Benefits for Retirees ...........................................86 5.2.9 Pension Contribution Refunds ...........................................................................87 5.2.10 Unemployment Compensation ...........................................................................87 v UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 5.3 Use of Paid Time ..............................................................................................................87 5.4 Vacation Pay-Out at Termination .....................................................................................87 5.5 Sick Pay-Out at Termination ............................................................................................87 5.6 Medical/Dental Continuation Plan (COBRA) ..................................................................88 5.6.1 Eligibility Requirements ....................................................................................88 5.6.2 End of COBRA Coverage ..................................................................................88 5.7 Re-Employment ................................................................................................................89 5.8 References .........................................................................................................................89 Section 6 Personnel Practices 6.1 Equal Employment ............................................................................................................90 6.2 Recruitment .......................................................................................................................90 6.3 Hiring Policy .....................................................................................................................90 6.3.1 Applicability to Other Policies, Regulations and Agreements ..........................90 6.3.2 Approval to Recruit Personnel ...........................................................................90 6.3.3 Job Posting Process ............................................................................................91 6.3.4 Selection Process ...............................................................................................91 6.3.5 Job Offer ............................................................................................................91 6.4 Job Description Creation ...................................................................................................92 6.4.1 New Positions ....................................................................................................92 6.4.2 Existing Positions ..............................................................................................92 6.5 Personnel Records .............................................................................................................92 6.5.1 Maintenance of Records ...................................................................................92 6.5.2 Confidentiality ...................................................................................................92 6.5.2.1 Employee Review of Records .......................................................92 6.5.3 Standardized Forms ...........................................................................................93 6.5.4 Notification Process for Employment Status Change ........................................93 6.6 Probationary Period ..........................................................................................................93 Appendices Appendix A Acknowledgement of Drug Free Workplace Policy and Agreement to Abide by Policy............................................................................94 Appendix B Drug Free Workplace Consent to Testing (Current Employee) ........................95 Appendix C Drug Free Workplace Post-Offer Consent to Testing (Applicant) ....................96 Appendix D Request for Authorization of Outside Employment ..........................................98 Appendix E Workers' Compensation Employee Injury—Employee's Report .....................99 Appendix F Workers' Compensation Employee Injury— Supervisor's Report ..................100 Appendix G Vehicle Accident Report ..................................................................................101 Appendix H Supervisor's Vehicle Accident Investigation Report .......................................103 Appendix I Off Premises Training Hours Worked Agreement ..........................................104 v UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Appendix J Time Off Request Form ...................................................................................105 Appendix K Family Medical Leave Act(FMLA) Forms .....................................................106 Appendix K-1 Notification to Employer of Need for Family Medical Leave ..........107 Appendix K-2 Certification of Health Care Provider for Employee's Serious Health Condition ...........................................................................................108 Appendix K-3 Certification of Health Care Provider for Family Member's Serious Health Condition ...............................................................................112 Appendix L Employment Reference Release Form .............................................................116 v UNITED CITY OF YORKVILLE EMPLOYEE MANUAL SECTION 1 INTRODUCTION Section 1.1 Purpose and Mission Statement of Personnel Policy Manual The purpose of the United City of Yorkville Personnel Policy Manual is to establish a sound human resources program based on policies equitable to the employees, employer, and taxpayers to be administered systematically resulting in effective employee performance and morale. The objectives of such a program should establish a system of human resources management based on merit and equitable administration, establish and maintain a uniform and equitable plan of position classification and compensation based on duties and responsibilities of positions in the City service, develop a program that will make a career in municipal government attractive to persons who possess the ability, integrity and dedication to serve the public, and provide a plan for continuing growth and education of the municipal employee that will provide the competence and initiative required for effective performance, equitable compensation, and public respect. The mission of the United City of Yorkville Personnel Policy Manual is to provide the City organization with a clear and comprehensive guide, relative to human resource administration, that will enable it to recruit, hire, train, compensate and retain a highly skilled work force so that the City may achieve its overall objective of serving the best interests of the citizens of Yorkville, while utilizing their tax dollars in the most efficient and effective manner possible. Section 1.2 Application and Scope This document shall be known as the United City of Yorkville Personnel Policy Manual. This Manual is designed to assist employees in performing their duties and responsibilities. It does not, and is not, intended to cover every aspect of City operations. The general administrative and procedural policies of the United City of Yorkville Personnel Policy Manual apply to all City employees, unless stated otherwise. The benefit policies of the United City of Yorkville Personnel Policy Manual apply to all regular, full-time employees, unless stated otherwise. The City Administrator shall decide all disputes or questions relating to the determination of whether a policy is administrative and/or procedural in nature. Sworn members of the Yorkville Police Department, with the exception of the Chief of Police and Deputy Police Chief, are also subject to the rules and regulations of the United City of Yorkville Board of Fire and Police Commissioners and to the provisions of the Illinois Compiled Statutes. Where a conflict exits, the rules of the Board of Fire and Police Commissioners shall prevail to the extent of the specific conflict only. Additionally, the various City departments may establish working regulations and operating procedures to supplement the policies set forth in this Manual. In the State of Illinois, it is presumed by case law that all employees are "at will': Except for employees under the jurisdiction of Fire and Police Commission rules and those governed by an approved collective bargaining agreement or other approved employment agreement, employment with the United City of Yorkville is "at will': This means that both the employee and the City have the right to terminate the employment relationship at any time, for any reason not prohibited by law, or no reason, with or without notice. The at-will employment relationship cannot be modified, except by ordinance or by a duly authorized and executed collective bargaining or other written employment agreement. This Manual, and the policies it contains, is - 1 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL not intended to form a contract of employment either expressed or implied As such, the United City of Yorkville Personnel Policy Manual may be varied from, amended, supplemented, or discontinued at any time, with or without notice. Furthermore, no policy, benefit, or procedure set forth in this Manual implies, or may be construed to imply, that it or any portion thereof is an employment contract. No property or tenure rights in employment shall be created, or deemed to be created, by this Manual The text of this Manual is intended only to describe the policies and procedures of the City, relative to human resources management. Upon formal adoption by the City Council, this Manual supersedes all other previous personnel rules, regulations, policies, and procedures, written or oral. In the event that any provisions of this Manual conflict with the laws of the State of Illinois or the United States Government, the applicable state or federal provision(s) shall take precedence. The term "Manual" shall mean this handbook and all of its appendices collectively. Section 1.3 Gender and Singular Plural Clause Whenever the male pronoun is used in this Manual, it is intended to refer to all employees, male or female. Words used in the singular also apply to the plural and vice versa. Section 1.4 Collective Bargaining Where the provisions of these rules conflict with those of a valid collective bargaining agreement between the United City of Yorkville and a recognized bargaining unit, the collective bargaining agreement shall take precedence over this Manual to the extent of the specific conflict only. Section 1.5 Amendments The policies, procedures, and practices in the United City of Yorkville Personnel Policy Manual are subject to modification and further development as determined by the City Council, as well as changes in state and federal law. Each member of City management can assist in keeping the Manual up to date by notifying the Human Resources Manager whenever problems are encountered or improvements can be made in the administration of the personnel policies. Human Resources will recommend changes to the Personnel Policy Manual for review by Department Heads and consideration by the City Administrator for inclusion in the Manual. Revisions to the policies outlined in this Manual must be approved by the City Council. The City Administrator must approve any procedural changes in this Manual. The City Administrator shall determine what is policy requiring City Council review and what is policy relative to administrative procedural matters. Section 1.6 History of City The site where the present United City of Yorkville is located was first settled in 1833 by a man named Earl Adams, who built a log cabin on what eventually became known as Courthouse Hill on the south side of the Fox River. The village was laid out by Rulief Duryea in 1836 and named Yorkville, apparently for Mr. Duryea's home state of New York. In 1841, when Kendall County was formed, the Village of Yorkville was named the County Seat. It was a short-lived distinction. The Village of Oswego's residents petitioned the state legislature in 1845 to move the county seat to the more - 2 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL populated Oswego and after two votes, the recommendation passed. But Yorkville residents were not prepared to let the issue die. Thirteen years later, in 1859, Kendall County voters chose to once again designate Yorkville as the county seat because of its more centralized location. In 1864 a new courthouse was completed. Although County courts were moved out of this historic building in 1997 to a new Courthouse on John Street on the north side of the river, the old majestic courthouse, carefully renovated to its former splendor, still sits atop Courthouse Hill overlooking Yorkville's downtown Business District. Today the Historic Courthouse is home to the Kendall County Forest Preserve District and is a site for many community meetings. Yorkville was officially incorporated as a village on July 8, 1874 with a population of almost 500 people. At that time, Yorkville only encompassed land on the south side of the Fox River; another village, called Bristol, was located directly across from Yorkville on the north side of the river. It wasn't until April 16, 1957 that the two communities finally decided to join together to form one municipality which became known as the United City of Yorkville. Yorkville's central business district for most of the community's existence has been located on the South side of the Fox River on Bridge Street (Route 47). Originally the street had run up the hill to the Courthouse, but when the new bridge was built in the 1960s, Route 47 was straightened and the business district realigned. In the 1970s, Countryside Mall was built on the City's north side, at the intersection of Rts. 47 and 34. For many years this mall was not only a shopping area, but a central meeting place for the community. In 2005 the mall was leveled, to be replaced a new "lifestyle" shopping center that will carry on the tradition of combining shopping and recreation. Other shopping opportunities have arisen in the past few years with the addition of Kendall Marketplace, an 800,000 square-foot mall on the City's northwest side, and numerous strip malls along the City's major arterial roads. The United City of Yorkville recently has seen unprecedented growth in both residential and commercial areas. Annexations have increased the City's area to more than 20 square miles, with a planning area of almost 70 square miles. There are many new projects on the horizon, such as plans for the redevelopment of the downtown area, addition of new Parks and Recreation facilities, improvement to the Glen Palmer Dam, a new water park, and new residential and commercial developments that will continue to add to the excitement and vitality of the Yorkville community. In 2007 the United City of Yorkville celebrated the 50th anniversary of its incorporation as a city with the motto – Together We've Grown. With an interesting history and a bright future, the United City of Yorkville, located in what the U.S. Census Bureau has designated as the fastest growing county in the United States, is looking forward to many more years of growth and prosperity. Section 1.7 City Vision Statement Yorkville continues to embody the social and physical characteristics of a small town— epitomized by a sense of community and a charming, revitalized downtown. The mechanisms established to engage residents, businesses, youth, seniors, and special populations, help leaders make decisions. Our strategic location will encourage continued development and expansion of the community, for which we have effectively planned. Successful planning efforts have achieved a mutually advantageous balance among retail, service, industrial and residential development. Such plans, in combination with development exaction programs, assist Yorkville in maintaining a reasonable - 3 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL tax base to fund services. Foresight has also prevented growth from outpacing quality service provision to an increasingly diverse population—requiring housing alternatives to accommodate a variety of income levels and accessibility preferences. Development will challenge residents' ability to effectively traverse the community. However, the City continues to encourage neighborhood connections through its planning processes—ensuring opportunities for vehicular, pedestrian and non-vehicular travel to avoid congestion, primarily created by Route 47. Blending community with nature through beautification efforts remains a high priority. By requiring developments to provide and improve large open spaces and by creating walking paths along the river, Yorkville has ensured there is room for both recreation and relaxation in beautiful public areas. We realize that growth, diversity, and state funding limitations are all critical challenges for the community to navigate in order to maintain Yorkville's reputation for an excellent public school system. Finally, recognizing the importance of collaborative relationships to Yorkville's long-term success, we seek to foster an environment of mutual benefit among and between elected officials, staff, citizens, and other state and local governments. Our vision is brought to life through perceptions, decision-making, activities, events and experiences such as: • Emphasizing the river and downtown as a focal points of the community's identity. • Acknowledging and celebrating our history to provide a commonality of citizenship. • Supporting community events that encourage a sense of family, community and affiliation. • Maintaining community assets. • Fostering relationships and developing systems that prepare the City for development opportunities. • Assessing the transportation and development impact of the Prairie Parkway. • Establishing efficient development processes that allow the City to compete for targeted development types. • Safeguarding property values by adhering to high building standards. • Expanding the park system and recreational programs to support community growth. • Seeking input routinely from the community on issues of significant concern. • Providing opportunities for people of similar ages and/or interests to interact. • Becoming a recognized leader in environmental matters, including community sustainability. • Creating systems for routine collaboration among and between organizations that influence City goals . Section 1.8 Definitions,Roles and Responsibilities Section 1.8.1 City Council Definition – The Mayor and Aldermen of the United City of Yorkville, as defined under the Illinois Municipal Code. Roles and responsibilities – The City Council shall exercise control over personnel through the adoption of the City's annual budget, compensation plan, confirmation of the Mayor's appointments, or by the adoption of policies, procedures, ordinances and resolutions as deemed necessary by the Council. The Mayor may seek advisory input from the City - 4 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Council in connection with annual performance evaluations for employees who have a direct relationship with the Mayor as their immediate supervisor. Section 1.8.2 Mayor Definition—Per the Illinois Municipal Code. Roles and responsibilities — The Mayor shall be responsible for ensuring the effective execution and administration of the policies and procedures and may delegate such functions as deemed necessary for the implementation of this system. The Mayor shall perform the performance evaluations and may seek input from the City Council for employees who have a direct relationship with the Mayor as their immediate supervisor. Section l.8.3 Board of Fire and Police Commissioners Definition—As defined within City Code, as amended from time-to-time by ordinance. Roles and Responsibilities — Performs the function of a civil service commission for all sworn police officers. The board hires, fires, promotes, and disciplines all sworn members of the police department, except the Police Chief, who is appointed by the Mayor with the advice and consent of the City Council, and the Deputy Police Chiefs, who are appointed by the Police Chief. Section 1.8.4 Types of Employees Section 1.8.4.1 Department Heads Definition—As determined within City Code, as amended from time-to-time by ordinance. In general, are salaried on an annual basis, regardless of number of hours worked over forty (40) hours per week. Roles and responsibilities—Department head shall: 1) Be responsible for directing and coordinating personnel activities of the City on a day-to-day basis. 2) Establish such rules as deemed necessary to the efficient and orderly administration of their respective departments, in accordance with this employee manual and City Code. 3) Complete performance evaluations for their subordinates in accordance with Section 3.10. 4) Prepare a tentative department budget in accordance with direction given by their supervisor during each budget cycle. 5) Prepare job descriptions and recommend the selection and hiring of all personnel in accordance with Section 6. 6) Submit for approval any promotion, demotion, discharge of all personnel in their respective department, with the Mayor having authority for final dispensation of all employees. - 5 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Section 1.8.4.2 Supervisory Definition—Members of the management group, as determined by the FLSA status and the provisions of the employee's job description. Roles and responsibilities— Supervisory personnel direct the daily work activities of unit or shift of employees. Employees shall report tardiness, illness, or other absence, and make requests for authorized leave to the Supervisory personnel, as dictated in the sections of this employee manual. Section 1.8.4.3 Non-Exempt Full-Time Definition—Permanent employees scheduled to work forty(40) hours per week, and paid on an hourly basis. Roles and responsibilities—As defined by the job description of the position. Section 1.8.4.4 Part-Time Definition—Any employee who is employed regularly for less than forty (40)hours per week. All work performed is paid as straight time, subject to department of labor laws regarding overtime. Part-time employees may be eligible for benefits, in accordance with the provisions within Section 4. Roles and responsibilities—As defined by the job description of the position. Section 1.8.4.5 Volunteers Definition — An uncompensated person who volunteers to perform a service for the City during a special event. Roles and responsibilities—As directed by the Department Head during a City special event. - 6 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL SECTION 2 PERSONAL CONDUCT Section 2.1 Standards of Conduct Employees must exercise the utmost courtesy and discretion regarding all matters of City business. Employees shall refrain from any action and avoid any public pronouncement that might reflect adversely upon the City. Employees are expected to act as a representative of the United City of Yorkville at all times. This means treating all citizens, customers, vendors, suppliers, and other service providers courteously, professionally, and respectfully on the phone, on the road, on the computer, in person or any other form of communication. Employees are also expected to treat each other in the same manner. Any employee who is found to be in violation of City policy may be subject to disciplinary action up to and including termination. Depending upon the seriousness of the action, other appropriate civil or criminal sanctions may also be pursued. By signing off on receipt of this Personnel Policy Manual employees agree to adhere to the standards of conduct set forth in Section 2.1, as well as its subsections. Section 2.1.1 Ethics Ordinance In November of 2003, the Illinois General Assembly mandated that each unit of local government adopt an ordinance "regulating the political activities of, and the solicitation and acceptance of gifts, by the officers and employees of such units `in a manner no less restrictive" than the provisions of the Act". The City passed Ordinance 2004-26 in May of 2004 to comply with this mandate. The Ethics Code provides very clear descriptions of the prohibited activities and consequences of any violations. Of special note is that a violation to the Ethics Code is not treated as a violation of conduct, but will likely lead to prosecution. The following is a summary of the Ethics ordinance: A. No officer or employee shall intentionally perform any prohibited political activity during any "compensated time", as defined herein. No officer or employee shall intentionally use any property or resources of the United City of Yorkville in connection with any prohibited political activity. B. At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity: 1) as part of that officer's or employee's duties, 2) as a condition of employment, or 3) during any compensated time off(such as holidays, vacation or personal time off). C. No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity. - 7 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL D. Nothing in this section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this chapter. E. No person either: 1) in a position that is subject to recognized merit principles of public employment or 2) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the federal standards for a merit system of personnel administration applicable to grant in aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political parry, or of a political organization or club. Section 2.1.2 Gift Ban Ordinance 2004-26 and Section 1-12-3 in the City Code also address a gift ban. Except as described in general terms below, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as "recipients"), shall intentionally solicit or accept any gift from any "prohibited source", as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this section. Exceptions are generally: A. Opportunities, benefits, and services that are available on the same conditions as for the general public. B. Anything for which the officer or employee, or his or her spouse or immediate family member,pays the fair market value. C. Any: 1) contribution that is lawfully made under the election code or 2) activities associated with a fundraising event in support of a political organization or candidate. D. Educational materials and missions. E. Travel expenses for a meeting to discuss business. F. A gift from a "relative", meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's fiance or fiancee. G. Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that,under the circumstances, the gift was provided - 8 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: 1. The history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; 2. Whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and 3. Whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members. H. Food or refreshments not exceeding seventy five dollars ($75.00) per person in value on a single calendar day; provided that the food or refreshments are: 1) consumed on the premises from which they were purchased or prepared or 2) catered. For the purposes of this section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means. I. Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances. J. Intragovernmental and intergovernmental gifts. For the purpose of this act, "intragovernmental gift" means any gift given to an officer or employee from another officer or employee, and "intergovernmental gift" means any gift given to an officer or employee by an officer or employee of another governmental entity. K. Bequests, inheritances, and other transfers at death. L. Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than one hundred dollars ($100.00). Each of the exceptions listed in this section is mutually exclusive and independent of every other. Section 2.1.3 Fraud Prevention The United City of Yorkville has established a fraud prevention policy to aid in the detection and prevention of fraud against the City. It is the intent of the City to promote consistent organizational behavior by providing guidelines and assigning responsibility for the development of controls and conduct of investigations. This policy applies to any irregularity, or suspected irregularity, involving - 9 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL employees and elected officials as well as contractors, consultants and/or any other parties with a business relationship with the United City of Yorkville. Any investigative activity required will be conducted without regard to the suspected wrongdoer's length of service, position/title, or relationship to the City. The Human Resources Manager will provide employees with information regarding fraud detection and prevention on an annual basis; however management is ultimately responsible for the detection and prevention of fraud, misappropriations, and other irregularities. Fraud is defined as the intentional, false representation or concealment of a material fact for the purpose of inducing another to act upon it to his or her injury. Each member of the management team will be familiar with the types of improprieties that might occur within his or her area of responsibility, and be alert for any indication of irregularity. Any irregularity that is detected or suspected must be reported immediately to the City Administrator, who will coordinate an investigation. The terms defalcation, misappropriation, and other fiscal irregularities refer to, but are not limited to: • Any dishonest or fraudulent act • Misappropriation of funds, securities, supplies, or other assets • Impropriety in the handling or reporting of money or financial transactions • Disclosing to other persons securities activities engaged in or contemplated by the City • Accepting or seeking anything of material value from contractors, vendors, or persons providing services/materials to the City, except in circumstances described in Section 2.1.2 (Gift Ban) of the manual • Destruction, removal, or inappropriate use of records, furniture, fixtures, equipment, and/or any other City owned property • Any similar or related irregularity Irregularities concerning an employee's moral, ethical, or behavioral conduct that is not addressed in Section 2.1.1 (Ethics Ordinance) of this manual should be resolved by departmental management and Human Resources. If there is a question as to whether an action constitutes fraud, contact the City Administrator for guidance. 2.1.3.1 Reporting and Investigation Procedures The City Administrator has the primary responsibility for the investigation of all suspected fraudulent acts as defined in this policy. If the investigation substantiates that fraudulent activities have occurred, the City Administrator will issue reports to appropriate designated personnel and, if appropriate, to the City Council. Decisions to prosecute or refer the examination results to the appropriate law enforcement and/or regulatory agencies for independent investigation will be made in conjunction with legal counsel, as will final decisions on disposition of the case. The City Administrator has the authority to examine, copy, and/or remove all or any portion of the contents of files, desks, cabinets, and other storage facilities on the premises - 10 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL without prior knowledge or consent of any individual who might use or have custody of any such items or facilities when it is within the scope of his investigation. Great care must be taken in the investigation of suspected improprieties or irregularities so as to avoid mistaken accusations or alerting suspected individuals that an investigation is underway. The City Administrator treats all information received confidentially. Any employee who suspects dishonest or fraudulent activities will notify the City Administrator immediately, and should not attempt to personally conduct investigations or interviews/interrogations related to any suspected fraudulent act. An employee who discovers or suspects fraudulent activity will contact the City Administrator immediately. The employee or other complainant may remain anonymous. All inquiries concerning the activity under investigation from the suspected individual, his or her attorney or representative, or any other inquirer should be directed to the City Administrator or City Attorney. No information concerning the status of an investigation will be given out. The proper response to any inquiries is: "I am not at liberty to discuss this matter." Under no circumstances should any reference be made to "the allegation," "the crime," "the fraud," "the forgery," "the misappropriation," or any other specific reference. The reporting individual should be informed of the following: • Do not contact the suspected individual in an effort to determine facts or demand restitution. • Do not discuss the case, facts, suspicions, or allegations with anyone unless specifically asked to do so by the City Administrator or the City's legal counsel. 2.1.3.2 Termination If an investigation results in a recommendation to terminate an individual, the recommendation will be reviewed for approval by the Mayor and by legal counsel before any such action is taken. Section 2.2 Compliance with Rules and Regulations Employees are expected to comply with the personnel policies and practices contained herein. Penalties will be assessed for infractions of these policies and procedures. Minor infractions do not require the same severe disciplinary action that is necessary for major infractions. All employees are subject to disciplinary action up to and including discharge for engaging in, but not limited to, the following illustrations of unacceptable conduct. Section 2.2.1 Minor Infraction Guidelines Minor infractions are the type of behavior that does not generally, upon first offense, require severe disciplinary action, but if continued, may lead to suspension or termination. Minor infractions include but are not limited to: - 11 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 1. Wasting time, loitering or being away from assigned working place without good reason. 2. Tardiness. 3. Careless or unsafe use of City property. 4. Unauthorized posting or removal of any matter from City bulletin boards or City property. 5. Lack of courtesy to an individual, either on the phone, on the computer or in person. Section 2.2.2 Major Infraction Guidelines Major infractions are the type of behavior that may result in severe disciplinary action, such as suspension or termination. Major infractions include but are not limited to: 1. Refusal to carry out a specific order or instruction (written or oral) issued by a supervisor. 2. Theft from fellow workers, the City or any others. 3. Willful omission of facts or falsifying personnel or other records during or after time of employment. 4. Habitual tardiness or absenteeism. 5. Failure to comply with City or department policies and procedures and/or collective bargaining agreement. 6. Unauthorized sleeping on the job. 7. Consumption, possession, or use of any drug (on the job), including intoxicants, alcohol, stimulants, and depressants, other than those prescribed by a physician to the employee. Reporting to work under the influence of any intoxicant, stimulant, and/or depressant (other than that prescribed by a physician) will be considered as if the employee had consumed the drug on the job. 8. Violation of the IT Use and Security policy (outlined later in this chapter). 9. Working in an unsafe manner, including disregarding established safety practices and procedures and/or the failure to use personal protective equipment as required. 10. Malicious, careless, or negligent action resulting in injury or damage to person or property. 11. Failure to report a workplace injury or accident within twenty-four (24) hours of occurrence. 12. Three (3) wage garnishment submittals (requests) made to the City involving more than one (1) indebtedness within a twelve (12)month period. 13. Careless or unsafe use of City property, which results in injury to a person or damage to, said property. 14. Harassment of any kind. 15. Absence from work for one (1) day without permission, without proper notification, or without adequate explanation. 16. Gambling of any type on municipal property. 17. Revealing or divulging confidential information to parties not involved. 18. Issues of workplace violence - 12 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Section 2.3 Anti-Harassment Policy The United City of Yorkville is committed to maintaining a work environment that is free of discrimination. In keeping with this commitment, we will not tolerate harassment of City employees by anyone, including any supervisor, co-worker, or any third party. All employees are expected to avoid any behavior or conduct that could reasonably be interpreted as harassment. All employees are expected to make it known promptly, through the avenues identified below, whenever they experience or witness offensive or unwelcome conduct. Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based upon a person's protected status, such as sex, color, race, religion, national origin, age, physical or mental disability or other protected group status. The City will not tolerate harassing conduct that affects tangible job benefits, that interferes unreasonably with an individual's work performance, or that creates an intimidating, hostile, or offensive working environment. Such harassment may include, for example, jokes about another person's protected status, kidding, teasing or practical jokes directed at a person based on his or her protected status. Sexual harassment deserves special mention. Unwelcome sexual advances, requests for sexual favors, and other physical, verbal, or visual conduct based on sex constitute sexual harassment when (1) submission to the conduct is an explicit or implicit term or condition of employment, (2) submission to or rejection of the conduct is used as the basis for an employment decision, or (3) the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment is conduct based on sex, whether directed towards a person of the opposite or same sex, and may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually oriented "kidding" or "teasing", "practical jokes",jokes about obscene printed or visual material, and physical contact such as patting, pinching, or brushing against another person's body. All City employees are responsible to help assure that harassment is avoided. Anyone who believes that they have experienced or witnessed harassment should notify the City Administrator, a Department Head, Supervisor, City Attorney, or Mayor. The City forbids retaliation against anyone for reporting harassment, assisting in making a harassment complaint, or cooperating in a harassment investigation. Anyone who believes that they have been retaliated against should notify the City Administrator, a Department Head, Supervisor, City Attorney, or Mayor. The City's policy is to investigate all such complaints thoroughly and promptly. To the fullest extent practicable, the City will keep complaints and the terms of their resolution confidential. If an investigation confirms that a violation of the policy has occurred, the City will take corrective action, including discipline,up to and including immediate termination of employment. An employee who believes that he or she has been the subject of harassment or retaliation for complaining about harassment also has the right to file a charge of civil rights violations with the appropriate state or federal enforcement agency. These include: - 13 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Illinois Department of Human Rights 100 West Randolph Street, Suite 10-100 Chicago, Illinois 60601 312-814-6200 United States Equal Employment Opportunity Commission Chicago District Office 500 West Madison Street, Suite 2000 Chicago, Illinois 60661 800-669-4000 Section 2.4 Threats,Violence and Weapons Section 2.4.1 Workplace Violence Policy The City will not tolerate any threats, threatening behavior or acts of violence against employees, visitors, or other individuals by anyone on City property or while an employee is off-premises engaged in City business. There is no justification for such actions. Any employee who violates this policy will face disciplinary action up to and including discharge and may face possible arrest and criminal prosecution. Section 2.4.2 Prohibited Conduct "Workplace violence" includes any behavior or conduct on City premises, which is sufficiently severe, offensive, or intimidating to cause an individual to reasonably fear for his or her personal safety or the safety of co-workers and/or property. It includes, but is not limited to: a. Any physical behavior, or threat of physical behavior, which involves aggressive contact with any person, including pushing, hitting, fighting, throwing objects or otherwise intentionally injuring another person or attempting to injure another person; b. Any physical behavior, or threat of physical behavior, that would place a reasonable person in fear of receiving imminent physical injury or aggressive physical contact of the sort discussed above; or C. Any act of vandalism or other intentional damage or destruction of City property. No employee or third party, except for authorized law enforcement personnel, is permitted to bring weapons or firearms onto City property (including City vehicles). Section 2.4.3 Reporting Procedures Employees who become aware of workplace violence or any threat of workplace violence, whether by an employee or non-employee, must immediately report such action to their immediate supervisor and law enforcement personnel. Disciplinary action may result if the employee having knowledge of a suspected violent act fails to report the incident. Any employee who is a victim of - 14 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL workplace violence must immediately report the situation to law enforcement personnel, then his or her supervisor or the City Administrator when the supervisor is involved. Any report made pursuant to this policy will be treated with confidentiality to the extent reasonably possible and appropriate. Actions that may be considered endangering or life threatening by or against any employee or individual on City property should be reported to local law enforcement agency by calling 911, in addition to the reports set forth above. Section 2.4.4 Investigation and Responsive Action All incidents of alleged workplace violence will be investigated promptly by the City. Based on the results of the investigation, the City will take appropriate action. If a violation of policy is found, such action may include immediate discharge. Additionally, the City may report the situation to law enforcement. When applicable, the City and its employees shall cooperate fully with police and other law enforcement officials in the investigation and prosecution of any workplace violence. The City may take other actions, as it deems appropriate under the specific circumstances, including seeking judicial action. Section 2.4.5 No Retaliation The City forbids retaliation against any employee for reporting any violation of this policy. Any employee who engages in retaliation in violation of this policy shall be subject to disciplinary action up to and including discharge. Section 2.5 Conflict of Interest No City employee shall engage in any act, which is in conflict, or creates an appearance of unfairness or conflict with performance of official duties. An employee shall have a conflict of interest if the employee: 1. Has any financial interest in any sale to the City of any property, goods, or services when such financial interest was received with prior knowledge that the City intended to purchase the property, goods, or services. 2. Solicits, accepts, or seeks a gift, gratuity or favor from any person, firm, or corporation involved in a contract or transaction which is or may be the subject of official action by the City. 3. Participates in his/her capacity as a City employee in the initiating or issuing of a purchase order or contract in which he/she has a private pecuniary interest, direct or indirect, or performs in regard to such contract some function requiring the exercise of discretion on behalf of the City. 4. Engages in, accepts employment from, or renders services for private interests for any compensation or consideration having monetary value when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in performance of official duties, or give the appearance of the above. An employee should not make a unilateral decision. If there is any doubt about his/her private employment, the Department Director should be consulted. - 15 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 5. Directly or indirectly gives, receives, or agrees to receive any compensation, gift, reward, commission or gratuity from any source except the City for any matter directly connected with or related to his/her official services as such employee with the City, except for courtesies as provided in reasonable exceptions. 6. Discloses or uses without authorization confidential information concerning property or affairs of the City to advance a private interest with respect to any contract or transaction which is or may be the subject of official action of the City. 7. Has a financial interest or personal interest in any legislation coming before the City Council and participates in discussion with or gives an official opinion to the City Council unless the employee discloses on the record of the Council the nature and extent of such interest. Interests include: A) Interests in an employee's immediate family. B) Any business entity in which stock or legal beneficial ownership is in excess of one percent (1%) of the total stock, or legal ownership is controlled or owned directly or indirectly by the employee. C) Interest in any business entity in which the City employee is an officer, director, or employee. D) Interest in any person or business entity with whom a contractual relationship exists with the employee; provided that a contractual obligation of less than $500 or a commercially reasonable loan or purchase made in the course of ordinary business shall not be deemed to create a conflict of interest. Section 2.5.1 Permitted Reasonable Exceptions Recognizing that personal friendships often precede and can evolve from official contact between employees and persons engaged in business with the City, reasonable exceptions to this section are permitted for those occasions which are social in nature and are not predicated on the employee's ability to influence, directly or indirectly, any matter before the City. The employee will be guided in interpretation of this section by the distinction between a gift, gratuity, or favor given or received which has significant monetary value and is offered or accepted in expectation of preferential treatment and an expression of courtesy. Examples of acceptable courtesies include a meal or social event; exchanges of floral offerings; gifts of food to commemorate events such as illness, death, birth,holidays, or promotions; or a sample or promotional gift. Section 2.5.2 Use of City Property Employees may only do work which is of direct benefit to the City while on City owned property. No employee shall use City-owned vehicles, equipment, materials, or other property for private use, or as part of secondary employment outside of City premises. Section 2.6 Solicitation and Distribution Employees are expected to devote their full attention to their assigned duties during work hours. Except for requests for contributions for gifts or receptions, held only during breaks or lunch periods, - 16 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL specifically to honor employees on their retirement, resignation from City employ, or other events of personal significance, the following rules shall be in effect: 1. Employees may not solicit for or distribute literature during work hours on behalf of any organization, charity or cause except during non-work periods such as breaks or lunch periods. The City may solicit for or distribute literature on behalf of a charity or cause. 2. Employees who wish to solicit for any organization, charity or cause may not disturb other employees when the other employees are working. 3. Employees may not distribute literature on behalf of any organization, charity or cause in working areas. 4. Employees who wish to solicit for or distribute literature on behalf of any organization, charity or cause must do so in a manner and location, which does not disturb members of the public who are transacting business with the City. 5. Non-employees of the City may not solicit or distribute literature on behalf of any organization, charity or cause on City property, which is not open to the general public. 6. Non-employees who wish to solicit or distribute literature on behalf of any organization, charity or cause on City property, which is open to the general public, must do so in a manner and location, which does not interfere with the conduct of City business. Section 2.7 Drug Free Workplace Policy Section 2.7.1 Substance Use (Non-DOT Employees) The United City of Yorkville is firmly committed to providing a productive, safe and healthful work environment. The use of illegal drugs, abuse and misuse of alcohol, adversely affects those objectives by increasing absenteeism, lowering productivity and quality and most of all,jeopardizing the health and safety of those involved and the safety of others. The following policy and testing program requires compliance by all non-DOT regulated employees as a condition of employment and continued employment with the City. The United City of Yorkville reserves the right to interpret, revise or discontinue any provision of this policy. Appendices A, B, and C are attached and have been incorporated into this policy and program. Appendix A is simply an acknowledgment of receipt required to be executed by all new and current employees. Appendix B and Appendix C consist of"Consent to Test" forms to be executed by current employees as well as applicants respectively. 2.7.1.1 Statement of Policy The United City of Yorkville recognizes that our employees' health and safety are of the utmost importance. Drug use and alcohol misuse may pose a serious threat to employee health and - 17 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL safety. It is the policy of the United City of Yorkville to prevent substance use or abuse from having an adverse effect on our employees. The work environment is safer and more productive without the presence of illicit or inappropriate drugs or alcohol in the body or on City property. Furthermore, all employees have a right to work in a drug-free environment and to work with individuals free from the effects of drugs or alcohol. Employees who use or abuse prohibited substances are a danger to themselves,their co-workers, the public and the City's property. The federal government, many States and the Unions representing our employees have recognized the adverse impact of substance abuse in the workplace. The United City of Yorkville will follow the provisions of current collective bargaining agreements, which incorporate drug and/or alcohol testing, as necessary. All employees are advised that remaining drug-free and qualified to perform assigned duties safely are conditions of continued employment with the City. The United City of Yorkville will conduct post-offer pre-employment testing of all applicants. All employees may be subject to testing where circumstances establish that reasonable cause/suspicion of prohibited substance use exists and following on-the-job accidents or injuries. Any employee who tests positive will be subject to immediate termination. Any employee who refuses to comply with a proper request to submit to testing or who fails to cooperate in the test process will be terminated. These procedures are designed not only to detect violations of this policy but also to ensure fairness to each employee. Every effort will be made to maintain the dignity of employees or applicants involved. Disciplinary action, up to and including immediate termination from employment will, however,be taken as necessary. The United City of Yorkville prohibits the manufacture, distribution, dispensation, possession, concealment, use, sale or transfer of alcohol or illegal drugs, and the possession and/or purchase of drug related paraphernalia while on City premises or in a City vehicle. The United City of Yorkville prohibits employees from using alcohol, illegal drugs or controlled substances while at work, performing City business or job-related duties, while on City property or while operating City equipment (including vehicles). All employees have an obligation to comply with and support this policy. Any employee who is aware of a violation of the policy should report it to his immediate supervisor or any manager. Every effort will be made to preserve the confidentiality of the source of a report to the extent possible. All reports will be taken seriously. Persons submitting false reports are subject to discipline up to and including immediate termination. An employee taking over-the-counter or prescribed medication must be aware of any effect the medication may have on the performance of their duties. The employee must inform his physician of his job duties in order to make certain that the drug does not affect or interfere with the employee's safe and effective performance of his job duties. If the employee's physician determines that the drug affects or interferes with the employee's safe and effective performance of his duties then the employee must promptly report to their immediate supervisor the use of the medication and its possible effects. All prescription and non-prescription drugs must be kept in their original packaging or container. An employee who fails to do so is subject - 18 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL to disciplinary action, up to and including immediate discharge. Such information will be kept confidential and such employees will be reasonably accommodated to the extent required by law. The United City of Yorkville may, with probable cause, conduct searches on and of any of its property, including inspection of vehicles, lockers, desks, employee tool and lunch boxes, briefcases, packages, etc. Private vehicles parked on City property are normally not affected by this policy. Refusing to submit to a search or inspection when requested by management will be cause for immediate discharge. Any illegal substance found on City property may be turned over to appropriate law enforcement authorities for investigation and possible criminal enforcement action. All drug/alcohol test results will be kept in a secure file in the United City of Yorkville's Human Resource Manager's office. These files are strictly confidential in accordance with the law. Under no circumstances should the facts surrounding a case be discussed by anyone from the City with a person not directly or immediately involved with the case. To support this policy, the United City of Yorkville has adopted the following Uniform Drug and Alcohol Testing Program that applies to its employees (both hourly and salaried). A. Pre-Employment Testing; B. Reasonable Cause Testing; C. Post Accident Testing; Neither this policy nor any of its terms are intended to create a contract of employment, or to alter the existing employment or contractual relationship in any way. The United City of Yorkville retains the sole right to change, amend or modify any term or provision of this policy without notice. 2.7.1.2 Drug and Alcohol Testing Programs 2.7.1.2.1 Pre-Employment Testing After an offer of employment has been extended, the applicant must undergo a drug screen designed to identify whether or not the applicant is using illegal drugs. This drug screen will be administered by a clinic or lab selected by the United City of Yorkville. All offers of employment with United City of Yorkville are contingent on the City receiving a negative drug test result verified by the City's Medical Review Officer. Should a positive test result exist, the applicant's offer of employment will be automatically rescinded by the City. If for any reason the applicant has already begun working for the United City of Yorkville before the City receives the positive test result, the applicant's employment will come to an immediate end. However, the applicant can submit documentation supporting the legitimate use for a specific drug or the specific drug that resulted in a positive determination. This documentation must be made either prior to or within 24 hours after the positive drug result is communicated to the applicant. Should the applicant's ability to safely and effectively perform his or her job be affected by the legitimate use of any drug, then the City will attempt to provide accommodations - 19 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL to the extent required by law. If the offer of employment is revoked or if employment ends, the applicant who tests positive under the provisions of this policy may re-apply for employment with the United City of Yorkville after a time period of twelve (12) months, however, there shall be no guarantee of re-employment. ANY APPLICANT WHO REFUSES TO CONSENT TO A TEST OR WHO FAILS TO COMPLY WITH ANY TESTING PROCEDURES OR TESTS POSITIVE FOR THE USE OF DRUGS WILL NOT COMMENCE WORK FOR THE UNITED CITY OF YORKVILLE, AND THE JOB OFFER WILL BE AUTOMATICALLY RESCINDED. EMPLOYMENT IS EXPRESSLY CONDITIONED ON THE SUCCESSFUL PASSAGE OF THE POST-OFFER DRUG SCREEN. In recognition of the requirements of the Americans with Disabilities Act (ADA), the United City of Yorkville will not discriminate against an applicant who has successfully completed a drug or alcohol rehabilitation program. However, the ADA does not prevent the City from refusing to hire any applicant who tests positive for illicit drug use prior to employment. 2.7.1.2.2 Reasonable Suspicion Testing The United City of Yorkville has the discretion to decide when and under what circumstances an employee is fit for work. No employee will be permitted to work while under the influence of alcohol, or any drug not specifically prescribed by the employee's physician and used in accordance with that prescription. Testing on the basis of reasonable suspicion shall include,but not be limited to: 1) involvement in a near-miss accident (an accident that was narrowly avoided) caused by the employee's actions or inaction; 2) observation of an employee acting or appearing in a manner which suggests drug or alcohol use, such as, behavior, appearance, judgment, coordination,job performance and/or other conduct including, but not limited to, slurred speech, glassy eyes, unsteady walk, disorientation, significant or repeated lapses of concentration, emotional outbursts, substantial mood changes, the smell of alcohol on the employee's breath, etc.; 3) instances where the City observes or receives credible information that the employee is using or is under the influence of drugs and/or alcohol; or 4) other facts which support a reasonable belief that the employee is using or is under the influence of drugs and/or alcohol in violation of this policy. All City department heads and supervisors will receive training to assist them in identifying behavioral characteristics of the use of prohibited substances in the workplace. Any department head or supervisor who observes such behavior must, within 24 hours, confidentially notify the Human Resources Manager in writing of the date, time, particular facts observed and employee's name. The Human Resources Manager must determine if the department head's or supervisor's suspicions are reasonable within 24 hours of being notified. Upon the Human Resources Manager's determination that reasonable suspicion exists, testing can commence. However, once the determination that reasonable suspicion - 20 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL exists, under no circumstances will an employee be allowed back to work until he or she has a negative drug and/or alcohol test. In reasonable cause cases, the City shall require the employee to go directly to a collection site for drug and/or alcohol testing. The employee will be transported to the collection site by a City representative. Refusal to consent to testing will be considered insubordination and grounds for termination of employment. If notice of a positive test result is received from the Medical Review Officer, then the employee will be subject to the disciplinary provisions in Section 2.7.1.4 of this Program. However, if a negative test result is received, then the employee will be immediately reinstated for work with back pay, if applicable. 2.7.1.2.3 Post-Accident Testing Anyone who suffers an accident on City property must report it immediately to his or her immediate supervisor or manager, so that proper action and/or medical treatment may be provided. Failure to report any injury immediately may adversely affect an employee's benefits and rights under the law, and is grounds for disciplinary action up to and including immediate discharge. An employee shall be tested for the use of controlled substances and/or alcohol as soon as possible, but no later than eight (8) hours, after a reportable accident occurring while during the course of City business and involving said employee if the City has probable cause to suspect that controlled substances and/or alcohol contributed to the accident. For the purposes of this Section, a"reportable accident"means an accident resulting in: 1. The death of a human being; 2. Bodily injury to any person (including the employee) who, as the result of the injury, receives medical treatment--- including "first-aid"; or 3. Damage to property in excess of$500. If notice of a positive test result is received from the Medical Review Officer following a post-accident drug and/or alcohol screen, then the employee will be subject to the disciplinary provisions in Section 2.7.1.4 of this Program. However, if a negative test result is received, then the employee will be immediately reinstated for work with back pay, if applicable. 2.7.1.2.4 Return to Duty Testing Any individual who has performed services for the United City of Yorkville but who, for whatever reason, has not worked for the City for a period of 30 consecutive calendar days must undergo testing for drug and/or alcohol use. If a notice of a positive - 21 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL test result is received from the Medical Review Officer following said testing, then the employee will be subject to the disciplinary provisions in Section 2.7.1.4 of this Program. 2.7.1.3 Testing Methodology This policy and program allows for the testing for drugs and alcohol. All laboratories used to perform urine and/or breath testing pursuant to this Program will be accredited by the National Institute on Drug Abuse and will perform testing in accordance with the standards approved by the Department of Health and Human Services. Drug Screening Urine testing will be conducted to screen the presence of the following drugs and their metabolites: - Marijuana -Barbiturates - Cocaine -Benzodiazepines - Opiates -Methadone - Amphetamines -Propoxyphene - Phencyclidine (PCP) Alcohol Screening All breath alcohol testing performed under this Program shall be performed to determine blood alcohol content only. Any employee having a blood alcohol content of at least .02 shall be deemed to have tested positive for the use of alcohol and such a result shall subject the employee to the disciplinary provisions contained in Section 2.7.1.4 of this Program. The United City of Yorkville shall retain a qualified Medical Review Officer to receive test results from the laboratory and to carry out all actions necessary to confirm positive test results. 2.7.1.4 Disciplinary Provisions The United City of Yorkville is a zero tolerance employer. Any employee who tests positive for the use of a controlled substance and/or alcohol in violation of this policy or program, as reported to the City's Human Resources Manager by the City's Medical Review Officer, shall be unqualified to work for the United City of Yorkville and shall be immediately discharged. An employee who "refuses to submit" to an alcohol or drug test as provided herein is subject to immediate termination. "Refuses to submit"means that an employee: 1. Fails to appear for any test within a reasonable time, as determined by the City, consistent with this policy after being directed to do so by the City. - 22 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 2. Fails to remain at the testing site until the testing process is complete. 3. Fails to provide a urine specimen for any drug test required. 4. In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the employee's provision of a specimen. 5. Fails to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. 6. Fails or declines to take a second test the employer or collector has directed the employee to take. 7. Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process, or failing to complete all documents, or failing to comply with reasonable directives); or 8. Is reported by the Medical Review Officer as having a verified adulterated sample or substituted test result. 2.7.1.5 Notification to Employer of Conviction As a condition of initial and continued employment, each employee shall a) agree in writing to abide by the terms of the City's policy respecting a drug and alcohol-free workplace; and, b) agree, as required by law, to inform his or her supervisor of his or her conviction of any criminal drug or alcohol Statute, for a violation occurring on or off City premises, while conducting City business, no later than five (5) days after such a conviction. A conviction means a finding of guilt (including a plea of "no to contendere") or the imposition of a sentence by a Judge or jury in any federal or state court, and/or a finding of Court Supervision. Section 2.7.2 Substance Use (DOT Employees) The United City of Yorkville is firmly committed to providing a productive, safe and healthful work environment. The use of illegal drugs, abuse and misuse of alcohol, adversely affects those objectives by increasing absenteeism, lowering productivity and quality and most of all,jeopardizing the health and safety of those involved and the safety of others. The purpose of this policy is to establish an alcohol and drug testing program to help prevent accidents and injuries resulting from the misuse of alcohol and drugs by covered drivers of commercial motor vehicles in compliance with the Federal Department of Transportation Regulations promulgated at Rule 49 CFR Part 40 and the Omnibus Transportation Employee Testing Act of 1991, enacted October 28, 1991. - 23 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Appendices A, B, and C are attached and have been incorporated into this policy and program. Appendix A is simply an acknowledgment of receipt required to be executed by all new and current employees. Appendix B and Appendix C consist of"Consent to Test" forms to be executed by current employees as well as applicants respectively. Section 2.7.2.1 Applicability This policy applies to all City employees who operate commercial motor vehicles and are subject to the commercial driver's license (CDL) requirements of the Code of Federal Regulations promulgated under The Omnibus Transportation Act. The United City of Yorkville has a separate drug and alcohol policy included in the employee handbook, for all other employees (see Section 2.7.1). Section 2.7.2.2 Prohibited Conduct Employees covered by United City of Yorkville's DOT Drug &Alcohol Policy shall not: 1. Be under the influence of any controlled substance without medical authorization; No driver shall report for duty or remain on duty requiring the performance of safety- sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner who has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle. 2. Report for, or remain on duty, performing a safety-sensitive function while having a breath alcohol concentration of 0.02 or greater. 3. Use alcohol while performing safety-sensitive functions. Section 2.7.2.2.1 Alcohol 1. No covered driver shall report for duty or remain on duty requiring the performance of safety sensitive functions while having an alcohol concentration of .02 or greater. The City shall not permit the covered driver to perform or continue to perform safety-sensitive function if it has actual knowledge that a driver has an alcohol concentration of.02 or greater. 2. A covered driver shall not be on duty or operate a commercial motor vehicle while the covered driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. The City shall not permit the covered driver to drive or continue to drive a commercial motor vehicle if it has actual knowledge that a driver possesses unmanifested alcohol. - 24 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 3. A covered driver shall not use alcohol while performing safety sensitive functions. The City shall not permit the driver to perform or continue to perform safety-sensitive functions if it has actual knowledge that a driver is using alcohol while performing safety-sensitive functions. 4. No covered driver shall perform safety-sensitive functions within four (4) hours after using alcohol. The City shall not permit the driver to perform or continue to perform safety sensitive functions if it has actual knowledge that a driver has used alcohol within four(4)hours. 5. A covered driver required to take a post-accident alcohol test shall not use alcohol for eight (8) hours following the accident, or until he/she undergoes a post- accident alcohol test, whichever is first. Section 2.7.2.2.2 Drugs 1. The City will not permit a covered driver to perform safety-sensitive functions who has used any illegal drug or controlled substance except when the use is pursuant to the instructions of a physician who has advised the City that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. It is the driver's responsibility to notify the City if this situation is applicable. 2. Independent of the requirements of the Omnibus Transportation Employee Testing Act of 1991 and the regulations promulgated thereunder, the covered driver must notify the City that he/she is using controlled substances pursuant to the instructions of the physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. Section 2.7.2.3 Drug and Alcohol Testing Programs Section 2.7.2.3.1 Pre-Employment Testing Pre-employment testing is testing for drugs that the City administers after a conditional offer of employment has been extended and prior to any covered driver's performance of a safety-sensitive function. If the pre-duty drug testing reveals a presence of drugs, it will result in revocation of the conditional offer of employment. The City may, in its sole discretion, forego pre-duty testing where the exceptions promulgated at DOT 49 CFR S.382.301 (b) or (c), relating to drug and alcohol testing of covered drivers by their previous employers, are satisfied. The United City of Yorkville will not allow a driver to perform any safety- sensitive functions until the employee has passed pre-duty testing for drugs and alcohol. Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for controlled substances as a condition prior to being used. - 25 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL The City will not allow a driver that it intends to hire or use to perform safety-sensitive functions unless the City has received a controlled substances test result from the Medical Review Officer indicating a verified negative test result for that driver. Section 2.7.2.3.2 Reasonable Suspicion Testing Reasonable suspicion testing is alcohol and drug testing that the City conducts when it has reasonable suspicion to believe that a covered driver has engaged in conduct prohibited by this policy. Reasonable suspicion must be based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of a covered driver by a department head or supervisor who is specially trained to recognize alcohol misuse or drug use. The City will not administer a reasonable suspicion alcohol test more than eight (8) hours following a determination that reasonable suspicion exists to believe that the alcohol prohibitions of this policy have been violated. Notwithstanding the absence of a reasonable suspicion alcohol test, the City will not permit any covered driver to report for duty or remain on duty requiring the performance of a safety-sensitive function while the driver is under the influence of, or impaired by, alcohol as shown by the behavioral, speech and performance indicators of alcohol misuse, until an alcohol test is administered and the driver's blood alcohol concentration measures .02 or 24 hours have elapsed following a determination that reasonable suspicion exists to believe that the alcohol prohibitions of this policy have been violated. A written record shall be made of observations leading to reasonable suspicion, signed by the department head or supervisor who made the observations, within twenty-four (24) hours of the observed behavior or before the results of drugs tested are released, whichever is earlier. Drivers covered by this paragraph are subject to alcohol testing as follows: Immediately prior to the start of duty in a safety sensitive function, or during duty hours in a safety sensitive function, or immediately following completion of duty in a safety sensitive function. Reasonable suspicion drug testing may be conducted at any time the covered driver is on duty for the City. 2.7.2.3.3 Post-Accident Testing A post-accident test is a test for alcohol and drugs administered following an accident involving a commercial motor vehicle to each surviving covered driver. A covered driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the City to have refused to submit to testing. This shall not be construed to require the delay of necessary medical attention for injured individuals following an accident or to prohibit a covered driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. - 26 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL ALCOHOL TESTS: As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, the City will test for alcohol for each of its surviving drivers: 1. Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or 2. Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved: a. Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or b. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. If an alcohol test required by this section is not administered within two hours following the accident, the City shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within eight hours following the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. CONTROLLED SUBSTANCE TESTS: As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, the City will test for controlled substances (drugs) for each of its surviving drivers: 1. Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or 2. Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved: a. Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or b. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. If a controlled substance (drug) test required by this section is not administered within 32 hours following the accident, the City will cease attempts to administer a - 27 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL controlled substances test, and prepare and maintain on file a record stating the reasons the test was not promptly administered. The City will provide drivers with necessary post-accident information, procedures and instructions, prior to the driver operating a commercial motor vehicle, so that drivers will be able to comply with the requirements of this section. 2.7.2.3.4 Random Testing Random testing is unannounced testing for alcohol and drugs administered in a statistically random manner throughout the year to covered drivers employed by the City so that all covered drivers have an equal probability of selection each time said random pool is created for selection. Drivers covered by this paragraph are subject to alcohol testing as follows: Immediately prior to the start of duty in a safety sensitive function, or during duty hours in a safety sensitive function, or immediately following completion of duty in a safety sensitive function. Random drug testing may be conducted at any time the covered driver is on duty for the City. Every driver shall submit to random alcohol and controlled substance testing as required in this section. A list of drivers randomly selected for testing will be provided to the City by Midwest Occupational Health Management Services (MOHMS) on a quarterly basis. The selection of drivers for random alcohol and controlled substances testing will be made by a scientifically valid method, such as a random number table or a computer- based random number generator that is matched with drivers' Social Security numbers, payroll identification numbers, or other comparable identifying numbers. Each driver selected for random alcohol and controlled substances testing under the selection process used will have an equal chance of being tested each time selections are made. Each driver selected for testing will be tested during the selection period. The City will ensure that random alcohol and controlled substances tests conducted under this part are unannounced and that the dates for administering random alcohol and controlled substances tests conducted under this part are spread reasonably throughout the calendar year. It is required that each driver who is notified of selection for random alcohol and/or controlled substances testing reports to the Human Resources Manager immediately to obtain their selection notice. After obtaining their selection notice the driver must immediately proceed to the testing facility. If the driver is performing a safety-sensitive function, other than driving a commercial motor vehicle, at the time of notification, the City will instead require that the driver ceases to perform the safety- sensitive function and reports to the Human Resources Manager as soon as possible. - 28 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 2.7.2.3.5 Return to Duty Testing Any individual who has performed services for the United City of Yorkville but who, for whatever reason, has not worked for the City for a period of 30 consecutive calendar days must undergo testing for drug and/or alcohol use. If a notice of a positive test result is received from the Medical Review Officer following said testing, then the driver will be subject to the disciplinary provisions in Section 2.7.2.5 of this Program. 2.7.2.4 Testing Methodology The United City of Yorkville will conform to the requirements in the Department of Transportation Rule 49 CFR part 40 in all aspects. Alcohol and drug testing procedures are determined by the Federal Department of Transportation and maybe subject to change at any time with or without notice. The United City of Yorkville will ensure that alcohol and drug test information is maintained in a confidential manner in conformity with the Department of Transportation Rule 49 CFR Part 40. The United City of Yorkville will ensure that all contracts between the City and any other entity involved in the alcohol and drug testing program will comply with the procedures set forth in the Department of Transportation Rule 49 CFR Part 40. For an in-depth explanation of alcohol and drug testing procedures, please refer to Department of Transportation 40 CFR Part 40 Subpart C, a current copy of which is kept on file in the Human Resources Office. ALCOHOL:—Alcohol testing will be administered by a Breath Alcohol Technician (BAT) certified by the completion of a NHTSA model course, trained in utilizing an evidential breath testing device (EBT) that conforms to the requirements promulgated at The Department of Transportation 49 CFR part 40.51. The EBT used for testing shall meet the standards promulgated at The Department of transportation 49 CFR part 40.53 and have a quality assurance plan (QAP) developed by the manufacturer to ensure proper calibration. Testing will be conducted in a location that affords visual and aural privacy to individuals being tested. If the initial test reveals a blood alcohol concentration of .02 or greater, a confirmatory test must be performed. The confirmatory tests will produce the only result from which disciplinary action may be taken. If the blood alcohol concentration is confirmed to be greater than .02 the covered driver will be immediately discharged, per the City's zero tolerance policy. DRUGS: A Department of Health and Human Services certified laboratory will perform drug testing on urine samples provided by covered drivers. The drugs for which tests will be conducted are: a. Marijuana(THC) d. Opiates - 29 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL b. Cocaine e. Amphetamines c. Phencyclidine (PCP) f. MDMA(Ecstacy) This list may be subject to change, with or without notice, as determined by Federal Department of Transportation regulations. The cutoff levels for these drugs will conform to those promulgated at The Department of Transportation 49 CFR Part 40. The United City of Yorkville and the certified laboratory will conduct the collection, shipment, testing and chain-of-custody in a manner promulgated under The Department of Transportation Rule 49 CFR Part 40 to ensure the integrity of the testing process. The split urine specimen method of testing will be utilized providing one sample for preliminary screening and initial confirmation, and a second sample for a second confirmation test if needed at a later date. The Medical Review Officer will conduct a final review of all positive test results to assess possible alternative medical explanations for the results INCOMPLETE TESTING: If a screening or confirmation test cannot be completed, or if an event occurs that would invalidate the test, the BAT shall, if practical, begin a new screening or confirmation test, as applicable, E.g., using a new breath alcohol testing form with a new sequential test number (in the case of a screening test conducted on an EBT that meets the requirements of 40.53 (b) or in the case of a confirmation test.) REFUSAL TO SUBMIT TO TESTING: An employee who "refuses to submit" to an alcohol or drug test as provided herein is subject to immediate termination. "Refuses to submit" means that an employee: 1. Fails to appear for any test within a reasonable time, as determined by the City, consistent with this policy after being directed to do so by the City. 2. Fails to remain at the testing site until the testing process is complete. 3. Fails to provide a urine specimen for any drug test required. 4. In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the employee's provision of a specimen. 5. Fails to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. 6. Fails or declines to take a second test the employer or collector has directed the employee to take. 7. Fails to cooperate with any part of the testing process (e.g., refuse to empty - 30 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process, or failing to complete all documents, or failing to comply with reasonable directives); or 8. Is reported by the Medical Review Officer as having a verified adulterated sample or substituted test result. 2.7.2.5 Disciplinary Provisions The United City of Yorkville is a zero tolerance employer. Any employee covered under this policy who tests positive for the use of a controlled substance and/or alcohol in violation of this policy or program, as reported to the City's Human Resources Manager by the City's Medical Review Officer, shall be unqualified to work for the United City of Yorkville and shall be immediately discharged. 2.7.2.6 Notification to Employer of Conviction As a condition of initial and continued employment, each employee shall a) agree in writing to abide by the terms of the City's policy respecting a drug and alcohol-free workplace; and, b) agree, as required by law, to inform his or her supervisor of his or her conviction of any criminal drug or alcohol Statute, for a violation occurring on or off City premises, while conducting City business, no later than five (5) days after such a conviction. A conviction means a finding of guilt (including a plea of "no to contendere") or the imposition of a sentence by a Judge or jury in any federal or state court, and/or a finding of Court Supervision. Section 2.7.3 Substance Use (Employees in Bargaining Units) City employees who are members of a bargaining unit are subject to the same testing standards as other City employees, with the exception of any provisions relating to Drug and Alcohol Testing outlined in their contract. The City will provide the testing clinic with the portion of the contract outlining these provisions to ensure compliance. Disciplinary procedures will be followed per this manual for any violations of drug/substance abuse unless otherwise stipulated in the employee's contract, or unless another disciplinary process is followed for that employee (i.e. Board of Fire & Police Commission for sworn police officers). Section 2.8 Smoking and Tobacco In conjunction with the Smoke Free Illinois Act smoking and/or use of any form of tobacco products are prohibited within any City owned vehicle or structure or while operating any City owned tools or equipment. Smoking is further prohibited within a minimum distance of 15 feet from entrances, exits, windows that open and ventilation intakes that serve an enclosed area. Violation of the Act will be met with prosecution according to Illinois law, and employees may be further disciplined. Section 2.9 Uniforms and Dress Code Section 2.9.1 Uniforms - 31 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL The City provides uniforms for certain classifications of employees. Uniforms, and/or City purchased apparel are to be worn at all times during work hours and should not be worn on personal time. The uniform specifications are set by the Department Head. Section 2.9.1.1 Taxation of Uniforms The value of work clothing provided by the employer is not taxable to the employee if- 1. The employee must wear the clothing as a condition of employment, and 2. The clothes are not suitable for everyday wear. If the clothing does not qualify as a deductible expense (i.e. as a uniform), then these payments must be treated as a taxable fringe benefit and are subject to income, social security, and Medicare taxes. Thus, a police officer uniform qualifies for exclusion from income. However, a detective's suit jacket and related clothing , since they are suitable for everyday wear, do not qualify as a uniform and are taxable to the employee. Section 2.9.2 Dress Code Employees of the United City of Yorkville are required to present a favorable personal appearance, and adhere to personal grooming and hygiene standards. The attire of employees on the job should be in good taste, neat, clean, and appropriate for the duties to be performed. In order to maintain and project a professional public image and create a positive working environment, the United City of Yorkville Human Resources Division has developed a dress code policy. The Human Resources Division recognizes that certain employees have job responsibilities that require attire other than business - casual. For those purposes, the policy is separated into two categories: Office Attire and Field Attire. Below is definition of those categories and proper and improper attire. Section 2.9.2.1 Office Attire The United City of Yorkville has adopted a business - casual dress code policy. Business - casual applies to all employees whose primary job responsibilities require them to be in an office setting. Articles of clothing not acceptable as business - casual include the following: Rubber-soled flip flops, halter or tube tops, blue jeans (including shorts and capris), midriff baring tops, muscle shirts, spaghetti strap tops, sweatpants and sweatshirts, shorts more than three (3) inches above the knee, gym shoes, and clothing with potentially offensive words. Section 2.9.2.2 Field Attire For individuals whose job responsibilities require an outside work environment where comfort, safety and inclement weather is an important factor, appropriate safety field attire is required. Articles of clothing not acceptable as field attire include the following: Open -toed shoes and sandals, halter or tube tops, midriff baring tops, muscle shirts, spaghetti strap tops, shorts more than three (3) inches above the knee, and clothing with potentially offensive words. - 32 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Section 2.9.2.3 Casual Friday Employees are allowed to dress casually on Fridays with blue jeans, gym shoes and blue jean capris acceptable attire. Articles of clothing not acceptable on Casual Friday include halter or tube tops, midriff baring tops, muscle shirts, spaghetti strap tops, shorts more than three (3) inches above the knee, and clothing with potentially offensive words. Section 2.9.2.4 Compliance All United City of Yorkville employees are required to adhere to the Dress Code Policy as mandated by their job responsibilities and title. It is the responsibility of Department Heads within the United City of Yorkville to ensure staff is aware of, and remains compliant with the policy. However, there may be circumstances when an employee may need to deviate from the policy based on a particular job request or responsibility. In those circumstances, compliance of the policy will be waived with consent from the Department Head. Section 2.9.2.5 Enforcement The respective Department Head will conduct a personal, private discussion with any employee whose attire is questionable. When an obvious policy violation occurs, the Department Head will conduct a private discussion with the employee. The employee will also be asked to go home and change into proper attire and return to work. Employees will not be paid during the time period that they are absent from work to change their attire. Repeated policy violations will result in disciplinary action, up to and including termination. Section 2.10 Information Systems Use Policy The purpose of this policy is to set forth the responsibilities of United City of Yorkville (hereafter referred to as "City") employees with respect to the use of the City's information systems in order to maintain the reliability, accessibility and effectiveness of these systems. These systems are in place in an effort to ease the communications and data exchange of City employees and, as such, the safety of these systems is important. Many employees share these resources and it is the responsibility of the users to respect others who utilize these systems. This policy is not exclusive and serves as a guide for users to be aware of what is expected of them. Section 2.10.1 General Policies Section 2.10.1.1 Ownership All computer hardware,networking equipment and communications equipment included in the City's information systems are the property of the City and should be treated as such. Any information that is created on these systems and any messages sent from or received by the City's systems may be considered public records and are not the intellectual property of the user that created them. In the event that employment is terminated by either party, any hardware owned by the City in the employee's possession must be returned. - 33 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Section 2.10.1.2 Privacy In the course of working on the City's information systems, users will have access to the personal information of citizens and other employees. Under applicable federal, state, and local laws, this information should be treated as confidential and with respect to the individual's right to privacy. Section 2.10.1.3 Monitoring Users should be aware that any activity performed on the City's information systems may be monitored by the City's Information Technology Department(hereafter"ITD") for security and maintenance purposes. This includes, but is not limited to: logon information, file system access, e-mail system usage and internet usage. The ITD also has access to the entirety of the file system in order to perform backups and maintenance. Let users be aware that, although there is no expectation of privacy on the City's systems, any monitoring and access by ITD staff members will be done with as much respect for the user's privacy as possible. Section 2.10.1.4 Purchasing Purchasing and acquisition of any computer equipment or software applications must be approved by an Information Technology Department staff member. The purpose of this policy is to maintain uniformity in hardware and software systems throughout the City in an effort to ease maintenance of systems. Section 2.10.1.5 Resource Consumption Users should not knowingly utilize an amount of system resources that causes undue stress on the system or that prevents other users from accessing any part of the system. Actions that may be considered over-consumption of resources include,but are not limited to: excessive bandwidth use over network lines, mass e-mails, consumption of server processing power,wasting large amounts of server storage space or overuse of printers or copiers. Users who do not adhere to this policy may have access to these resources limited or restricted entirely. Section 2.10.2 Computer Usage Policy Section 2.10.2.1 Business Use Use of any equipment(including computers, printers, fax machines and any other devices) should be limited to City business only. Explicitly restricted is the use of the systems to create, possess, access or transmit any material which is illegal, obscene, sexually explicit, discriminatory, defamatory or interferes with the activities of other users. Employees should also not use any equipment to participate in illegal activities, gambling, political causes, chain letters, list servers for non-business use or personal commercial ventures. Employees should not upload or download trademarked, patented or copyrighted materials unless they are legally allowed to do so. Employees should not use City equipment to attempt to break into or damage any internal or external systems. - 34 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Section 2.10.2.2 Network Security Employees should not share passwords with anyone other than ITD staff. Employees should not grant any unauthorized person remote or local access to the computer systems. This includes, but is not limited to: letting someone use your workstation, letting someone place unauthorized hardware on the network that allows them access or enabling any type of remote access via the internet. In the event that any person requests access to the network, direct them to an ITD staff member for approval. It is the employee's responsibility to report any tampering or breach of security to the ITD staff. In the event that an employee feels their account security has been compromised, they should immediately contact the ITD staff to request a change of password. ITD staff may, at its discretion or by request, restrict or remove any employee's access to network resources. Section 2.10.2.3 Laptop Usage In the event that an employee is issued a laptop, it is the employee's responsibility to maintain the security of the device. If there is confidential data stored on the laptop, it is the employee's responsibility to protect that data from unauthorized persons. The laptop must be, at a minimum, password-protected and should not be left unattended when out of the office. In the event that a laptop is stolen or lost, it is the responsibility of the employee to report the missing laptop to a department head and/or the ITD staff. All usage policies that apply to standard desktops apply to laptops as well. Section 2.10.2.4 Malicious Software Protection In an effort to prevent the effects of malicious software (viruses, spyware, malware, etc.) from compromising the security of the systems, antivirus software is installed on all computers. In that event that a virus is detected on an employee's system, it is the responsibility of the employee to make the ITD staff aware of the problem so they can take steps to clean the system. Employees shall not willfully introduce a virus or any other type of malicious software into the computer system. Doing so is expressly prohibited and could be grounds for disciplinary action and/or criminal prosecution. Section 2.10.2.5 Hardware Employees shall not modify any hardware on the system without the approval of an ITD staff member. This includes, but is not limited to: modifying workstation hardware configurations, adding or removing networking equipment, adding or removing monitors and adding or removing printers and other peripherals. Any requests for changes in hardware must be directed to the ITD staff. Section 2.10.2.6 File Security It is the responsibility of the employee to be aware of how the data they are working on is being saved and backed up. Data systems vary amongst departments. In general, data should be - 35 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL saved to a central server which is regularly backed up. In the event that no central server is available, data is saved to your local hard drive(s). Data that is saved on local drives, either by choice or by necessity, is not automatically backed up in any way. It is the employee's responsibility to back up local data. If an employee is unsure of how their data is being saved, they should contact an ITD staff member. Employees shall not willfully destroy, corrupt or prevent the access of the data files of other employees, even if the system grants them access to do so. Employees shall not copy any confidential data from any system and take that data off-site without permission. This includes, but is not limited to: burning data to a CD, placing data on a flash memory device or e-mailing data. Section 2.10.3 Software Application Usage Policy Section 2.10.3.1 Installation and Removal To prevent potentially disruptive interaction between software packages, only software approved by an ITD staff member may be installed on the computer systems. Employees shall not remove software from any computer without the approval of an ITD staff member. Employees shall also not install any software on the computer system that is not for business purposes. Employees shall not bring software from home to install on a work computer. The ITD staff may, at its discretion, remove software from any computer that is deemed unnecessary for an employee to perform his or her duties. Section 2.10.3.2 Licensing No software is to be installed on a computer that the City does not hold a proper license for, whether the program allows it or not. Some licenses allow for an application to be installed on multiple computers. It is the responsibility of employees to coordinate with the ITD staff to stay in compliance with licensing agreements. The ITD staff may, at its discretion, remove improperly licensed software from any computer. Section 2.10.3.3 Database Applications The City makes use of multiple specialized database applications to manage data. Employees shall not knowingly corrupt or delete data from these databases in such a way that would compromise the integrity or accuracy of the database. Nor shall employees knowingly insert false data into these databases. Any attempt to modify the data in these databases from anywhere other than within the application itself may be seen as an attempt to corrupt the database. Section 2.10.4 E-Mail Usage Policy Section 2.10.4.1 Ownership The City provides to each employee at least one e-mail address to be used for work purposes. The employee does not own this e-mail address. Upon termination of employment, the e-mail address will remain open long enough to retrieve any data from the account that is - 36 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL important to City business and will then be deleted from the system. The City retains the right to monitor and view any e-mail message within the system, at any time, if such action is deemed necessary. There is no expectation of privacy for employee e-mails. Section 2.10.4.2 Professional Communication Any e-mail message sent from a City e-mail address should be presented in a professional manner. E-mails sent from within the system are representative of the City as a whole and should be treated as formal communication. This includes both business and personal communication. Under no circumstances should e-mails originating from a City e-mail address contain material that is: illegal, sexually explicit, obscene, violent, threatening, vulgar, discriminatory, defamatory or in any way unethical. The e-mail system shall not be used to send or receive files in violation of copyright, trademark or patent. The e-mail system shall not be used for commercial ventures, private or personal business dealings or political causes. The e-mail system shall not be used to participate in online gambling, send chain letters, play games or participate in betting pools. Violation of this policy could be grounds for disciplinary action up to and including termination. Section 2.10.5 Internet Use Policy Section 2.10.5.1 Personal Use Policy Internet access is provided to employees as a tool to aid them with business functions. However, the City recognizes that employees may wish to utilize their internet access for some personal uses. The City does not strictly prohibit this. However, any personal use of the internet should be done responsibly and in such a way that it does not interfere with the employee's work or the work of any other employee. Any personal use of the internet should be done during break or non-work time. Employee internet access is considered a privilege and may be limited or revoked in the event that an employee is unable to utilize this resource responsibly. Section 2.10.5.2 Restricted Materials Although the internet can be a powerful informational tool, there are also many sites on the internet that are either dangerous or do not represent the ethics of the City. To this end, employees should not knowingly visit any sites which contain material that is: sexually explicit, illegal, obscene, violent, vulgar, discriminatory, defamatory or in any way unethical. Employees should not use the internet to download any program that is unlicensed or any material that is protected by copyright or patent. Employees should not knowingly visit sites that will infect their computer with viruses, spyware or any type of malware. Violation of this policy may result in disciplinary action up to, and including, termination. Section 2.10.5.3 Professional Communication Any information posted on the internet can be traced back to the City. Because of this, any information posted to web sites on the internet by employees should be done so in a professional manner. This includes information posted to message boards, news groups or any - 37 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL sites which allow for user submitted data. Under no circumstances should employees represent their personal views as those of the City while posting information on the internet. Section 2.10.5.4 Responsibility for Content The City has no control over the content that is available on the internet. And, the City is aware that some users may find some of the content that exists on the internet offensive. The City is in no way responsible for the material on the internet and, as such, users must use their own judgment to avoid any content they may find offensive. Section 2.10.6 Retention of Public Records Section 2.10.6.1 E-mail Retention Most messages sent or received by e-mail may be considered part of the public record and, as such, need to be retained, in accordance with the Illinois Local Records Act (50 ILCS 205). In general, if an e-mail message is used as the medium to discuss official City business, that e-mail will need to be saved as it pertains to the City's retentions schedule, which are on file in the Clerk's Office. Failure to comply with the City's record retention schedule may result in discipline, up to and including termination. Section 2.10.6.2 Electronic Document Retention In addition to e-mails, it is important to retain electronic documents which are also considered part of public record. Electronic documents may be the subject of a FOIA request or litigation discovery. An electronic document should be treated just as a paper document, and should not be destroyed except when specifically allowed. For reference, see the City's retention schedules, which are on file in the Clerk's Office. Failure to comply with the City's record retention schedule may result in discipline,up to and including termination. Section 2.11 Emergency Contact Information Employees must notify Human Resources of the name and telephone number of someone to contact in an emergency. This information will be collected upon hire. Human Resources will update the master list annually. Each supervisor will receive a copy for his/her division. Employees who need to be available for emergencies must notify his/her immediate supervisor as to where he/she can be reached. Any new emergency contact information received by a supervisor from a subordinate shall be forwarded to Human Resources. Section 2.12 Outside Employment Employees may engage in outside work or hold other jobs, subject to certain restrictions. Section 2.12.1 Restrictions - 38 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Employees' activities and conduct away from the job must not compete or conflict with or compromise the City's interest, or adversely affect job performance and the ability to fulfill all responsibilities to the City. This requirement, for example, prohibits the unauthorized use of any City tools or equipment. In addition, employees are not to solicit or conduct any outside business during paid working time. Section 2.12.2 Approval for Outside Employment Full-time Employees must request prior approval from the Department Head before any outside employment or other work activity is undertaken. Failure to do so may be cause for disciplinary action. (See "Request for Authorization of Outside Employment" form in Appendix E.) Human Resources will update the master list bi-annually. 1. Employees are cautioned to consider carefully the demands that additional work activity will create before requesting approval to seek or accept outside employment. Outside employment will not be considered an excuse for poor job performance, absenteeism, tardiness, leaving early, refusal to travel, or refusal to work emergency callbacks, overtime, or different hours. If outside work activity does cause or contribute to job-related problems, the City may rescind its approval of such employment and, if necessary, normal disciplinary procedures will be followed to deal with the specific problems. 2. Employees must seek approval to accept outside employment, including self-employment. This request should be submitted to the employee's Department Head. The Department Head should then forward the request, once approved or disapproved, to the Human Resources Division. Part-time employees are required to provide information about other employment for the United City of Yorkville to be aware of additional employers. This information allows for legal compliance in the event of a work-related injury. Section 2.12.3 Considerations for Disapproval Department Heads will be particularly concerned about outside work requests and may disapprove those requests that: 1. May reduce the employee's efficiency in working for the City. 2. May adversely affect the City's image. 3. May appear to be, or actually be, a conflict of interest. Section 2.13 City Identification Cards All full-time employees, and part-time employees at the discretion of the Department Head, shall be provided with a suitable identification card, which shall display a photograph, and other appropriate information that will clearly identify the person as an employee of the City. These cards may not be used as a means of securing credit, avoiding illegal acts, or other special considerations. - 39 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Employees, excluding sworn police officers, who must enter a person's home or other private property on official business, must display their City identification card when requesting entry. Identification cards must be returned to the Human Resources Department prior to termination. Upon retirement from the City sworn police personnel may be issued a City identification card identifying him or her as a retired police officer by submitting a request in writing to the Chief of Police. Section 2.14 Tardiness and Absenteeism An employee who will be tardy to work must notify his/her supervisor at least a 1/2 hour before his/her normal start time, or as soon as practicable. Failure to give such notice of tardiness or absenteeism shall constitute grounds for disciplinary action. Section 2.14.1 Habitual Tardiness/Lateness An employee who is late more than twice in a one-month period measured backwards from the last tardiness, or if an employee is habitually late on a continuous basis, (i.e. an employee is late three (3) times per week), shall be subject to discipline up to and including termination. Section 2.14.2 Failure to Report to Work An employee who is absent for two (2) or more work days without notifying his/her supervisor and securing approval for the absence as soon as possible before the end of the second day of such absence is considered to have abandoned his/her job and will be terminated. Section 2.14.3 Excusable Absences Only absences due to illness or other emergency situations will be excused. Unexcused absences shall be grounds for discipline up to and including termination. Section 2.15 Disciplinary Action It shall be the policy of the City to administer discipline fairly, reasonably, and impartially. Employees and the City are best served when discipline is administered to correct actions rather than to punish. Disciplinary action is not primarily intended to be punitive, but rather to maintain the efficiency and integrity of City service. The nature and severity of the offense and the employee's prior record shall be considered. All disciplinary actions involving suspensions with or without pay or termination require concurrence of the Human Resources Manager. Section 2.15.1 Cause for Disciplinary Action - 40 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL The tenure of City employees shall be based on reasonable standards of job performance and personal and professional conduct. Failure or refusal to meet these standards shall constitute just cause for disciplinary action including oral or written reprimand, suspensions, demotions, and termination. In any major disciplinary action, the pertinent information shall be reviewed with the employee specifying the following: 1. The cause for discipline. 2. The specific reasons supporting the cause. 3. The discipline to be imposed. 4. The effective date of the discipline. 5. The right of the employee to be heard. Employees may be disciplined for areas detailed in the Policy on Standards of Conduct. Section 2.15.2 Investigation It is the responsibility of each supervisor and Department Head to thoroughly evaluate the circumstances and facts as objectively as possible. Section 2.15.3 Pre-Disciplinary Conference The Human Resources Manager or his/her designee shall provide and arrange for a pre- disciplinary conference prior to the written reprimand, suspension, or termination of any employee. The hearing may be comprised of the Department Head, supervisors and the Human Resources Manager or designee. Section 2.15.3.1 Proceedings of the Pre-Disciplinary Conference An employee shall be provided, in writing, with a notice of the charge and an explanation of the circumstances. The employee shall be given an opportunity to respond to the charges. The employee may have legal counsel or union representation present at a pre- disciplinary conference. The department's explanation of the circumstances at the pre-disciplinary conference shall be sufficient to apprise the employee of the basis for the disciplinary action. The employee will be notified within five (5) working days after the conference is concluded of the decision made. Section 2.15.4 Types of Disciplinary Action Section 2.15.4.1 Oral Warning This type of discipline should be applied to infractions of a relatively minor degree or in situations where the employee's performance needs to be discussed. The oral warning should be - 41 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL given in private. Supervisors should inform the employee that he/she is issuing an oral warning, that the employee is being given an opportunity to correct the condition, and if the condition is not corrected, the person will be subject to more severe disciplinary action. Oral warnings must be issued within ten (10) working days after knowledge of the occurrence of the violation claimed by the supervisor. A notation that an oral warning was given should be made in the employee's performance documentation. Section 2.15.4.2 Written Reprimand This notice will be issued in the event the employee continues to disregard an oral warning, or if the infraction is severe enough to warrant a written reprimand in the employee's personnel file. Written reprimand notices must be issued within ten (10) working days after the occurrence of the pre-disciplinary hearing. The reprimand shall state the nature of the infraction in detail and what corrective action must be taken by the employee to avoid further discipline. A copy of the written reprimand is to be given to the employee. The employee shall sign the written reprimand to acknowledge receipt. A copy, signed by the employee, will be placed in the employee's personnel file. If the employee refuses to sign the acknowledgment, the supervisor, manager, or Department Head and one other witness shall note on the reprimand that the employee received a copy thereof and refused to sign it. Written reprimands shall be issued by a Department Head or his/her designee and the Human Resources Manager. Section 2.15.4.3 Suspension Without Pay This form of discipline is administered as a result of a severe infraction of policies or for repeated violations. For minor infractions, a suspension is often given after the employee has received a written warning. An employee will be suspended without pay when the offense is of a serious enough nature usually sufficient for termination but when circumstances related to an employee's overall performance would not warrant immediate termination. The length of suspensions should not normally exceed thirty (30) workdays. A copy of the suspension notice is to be given to the employee. The employee shall sign the suspension notice to acknowledge receipt. A copy signed by the employee shall be placed in the employee's personnel file. If the employee refuses to sign the acknowledgment, then the Department Head or his/her designee and one other witness shall note on the suspension notice that the employee received a copy thereof and refused to sign it. - 42 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Suspensions without pay shall be issued by the Department Head or his/her designee and the Human Resources Manager. Section 2.15.4.4 Emergency Suspension With Pay Emergency suspensions may be used in cases where it is in the best interest of the City to immediately remove the employee from the work place, or additional time is necessary to investigate a situation to determine what further disciplinary action may be justified. Department Heads or their designees, with the input of the Human Resources Manager, are empowered to issue an emergency suspension. This suspension gives the Department Head, supervisor or designee the opportunity to discuss the problem with his/her supervisor to determine an appropriate course of action when the situation is serious enough for the employee to be removed from the work environment. The maximum length of an emergency suspension with pay is five (5) days unless circumstances warrant a longer time. Section 2.15.4.5 Suspension with Pay At the discretion of a Department Head or his/her designee, and with the input of the Human Resources Manager, an employee of the City may be suspended with pay and benefits pending investigation of allegations of misconduct, when the nature of the allegation compromises the ability of the employee to perform his/her duties, and when a substantial period of time will be required to complete an investigation or legal action. Such suspension is not a disciplinary action and may not be appealed. If the charges are substantiated, disciplinary action will be taken in accordance with the nature of the offense, and may include recovery of salary and benefits paid during the suspension. If the charges are unfounded, the employee will be restored to duty and a letter of exoneration will be placed in the employee's official personnel file. Section 2.15.4.6 Termination Immediate removal of an employee from the job pending review for termination may be warranted in instances involving serious insubordination, theft, serious illegal or destructive acts while on the job, or other substantial reasons deemed appropriate by the Department Head and with the input of the Human Resources Manager. An employee may also be terminated after repeated offenses of a less serious nature if the offenses have been documented by the supervisor and appropriate behavioral changes have not resulted from previous progressive disciplinary action. The employee shall receive his/her final check on the first payroll date following his termination. Section 2.15.5 Probationary Employees—Termination - 43 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Probationary employees may be terminated at any time without cause and without the right of appeal. Dismissals of probationary employees also require the concurrence of the Human Resources Manager. Section 2.15.6 Filing Disciplinary Actions in Personnel File The original copy of any disciplinary action is to be signed by the employee and placed in the employee's personnel file with a copy given to the employee. Section 2.16 Grievances The most effective accomplishment of the work of the City requires prompt consideration and equitable adjustment of employee misunderstandings and grievances. The procedure is open to any employee who believes that the treatment he/she receives on the job is inequitable or unfair, or for any other reason needs correction. This applies to all phases of an employee's relations with the City including job operations, discipline, conduct of fellow workers, and supervision. It is the desire of the City to adjust misunderstandings and grievances informally, and both supervisors and employees should make every effort to resolve problems as they arise. Lacking an opportunity to discuss and adjust grievances leads to employee dissatisfaction. This in turn may be reflected in job performance and adversely affect the high standards of service our city strives to provide. Therefore, good employee relations are good business. Employees who desire to pursue a grievance must file a written grievance form within the time period provided below. Employees may obtain a grievance form from their Department Head or Human Resources. Department Heads should respond to all grievances filed by employees. Section 2.16.1 Procedure for Filing a Grievance Step 1: An employee who has a question or dispute shall first discuss it with his or her immediate supervisor within two (2) working days of the incident. Unless the grievance is presented within this time frame, it shall be deemed not to exist. The supervisor shall make a careful inquiry into the facts and circumstances of the complaint in an attempt to resolve it promptly and fairly and give his/her answer to the employee within three (3) working days of the discussion. The supervisor shall advise Human Resources and the Department Head in brief, written form as to the question and departmental response. If the supervisor does not reply within this time frame, or if the employee is dissatisfied with the response of the supervisor, the employee may initiate Step 2 of the procedure. Step 2: The question or dispute shall be put into writing and submitted to the Department Head within five (5)working days of the supervisor's decision in Step 1. The Department Head shall make a separate investigation, including discussion with both the employee and supervisor. The Department Head will respond to the employee in writing within five (5) working days of the receipt of the employee's grievance. A copy of the written dispute and the response will also be forwarded to Human Resources. If the Department Director - 44 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL does not respond within five (5) working days, the employee shall consider the answer to be "grievance denied." The employee may initiate Step 3 at that time. Step 3: If the employee is dissatisfied with the Department Director's decision, he/she may submit a written request for a final determination by the City Administrator or his staff designee within five (5) working days of the receipt of the Department Head's response. The City Administrator shall review the matter in detail and give a binding written response based on the policies and procedures of the City within ten(10) working days of the receipt of the employee's grievance. Section 2.17 Safety and Health Employees are expected to exercise caution and observe all established safety rules and regulations applicable to their position and in the operation of tools, equipment and motor vehicles in connection with City business. Section 2.17.1 Supervisor Responsibilities 1. Promote a safe environment by providing training for safe work procedures, setting a personal example and fostering employee participation and input. 2. Ensure employee compliance with all safety rules and standards. 3. Provide all necessary safety equipment and ensure their proper use by employees. 4. Conduct frequent and thorough safety inspections of his or her area of authority. 5. Correct all hazardous conditions as quickly as possible and communicate these conditions to all affected employees. 6. Seek immediate and proper treatment for all employees when injuries occur. 7. Ensure accidents are reported and investigated in a proper and timely manner. Section 2.17.2 Employee Responsibilities 1. Comply with all safety rules and standards. 2. Perform in a reasonable and safe manner to assure maximum safety to themselves, their coworkers and the public. 3. Notify the supervisor of all unsafe conditions and assist them with the correction of the condition. 4. Report all accidents immediately to the supervisor and seek medical treatment, if necessary. Section 2.17.3 Personal Protective Equipment The City provides all non-clerical and non-administrative personnel with appropriate personal protective gear, such as: rain gear, hard hats, liners, safety glasses and gloves. Each department will be responsible for all such supplies. Supervisors are responsible for ensuring proper personal protective equipment is worn by employees. Employees must wear all appropriate personal protective equipment when engaged in a - 45 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL work activity designated as hazardous. Employees in specified positions who wear glasses must wear approved safety glasses. Negligence in use of personal protective equipment could be cause for disciplinary action, and could also cause serious injury. The Department Head maintains a list of positions requiring safety glasses. Section 2.17.3.1 Hard Hats It is the policy of the City to require employees to wear hard hats at all times when in the field around construction and maintenance projects. As a minimum, however, hard hats shall be worn as follows: 1. When working below ground level, such as in lift stations, ditches, etc. 2. When conditions warrant and/or when ordered to do so by a supervisor. 3. When working in a traveled right-of-way. 4. When inspecting construction sites. Section 2.17.3.2 Safety Shoes Safety shoes shall be worn whenever there is an opportunity for something to fall on an employee's foot. This includes all Public Works foremen, superintendents, and Local 150 employees. OSHA defines the criterion for safety footwear. Section 2.17.3.3 Safety Harness A safety harness shall be used when an employee enters a large clean-out, storm manhole, sewer manhole, wet well, catch basin or large pipe. Section 2.17.3.4 Safety Vest A high-visibility safety vest shall be worn when an employee is in a flagging position and/or when working in a traveled right-of-way, in accordance with the provisions set forth in the U.S. Department of Transportation Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Section 2.17.3.5 Safety Glasses Safety glasses shall be worn when there is exposure to eye hazards caused by flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, electrical hazards, sharp or falling objects, or potentially injurious light radiation. Section 2.17.3.6 Non-Compliance with Safety Requirements Failure to comply with mandatory requirements for wearing safety apparel and/or using safety equipment will result in disciplinary action, including termination for repetitive or gross violations. - 46 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Section 2.17.4 Worker's Compensation All employees are covered by the Worker's Compensation and Occupational Disease Act, a program of industrial insurance to protect workers, their families, and dependents from loss due to an industrial accident or illness. The program provides for payment of medical bills, physical and vocational rehabilitation, and financial compensation while the worker is disabled — either temporarily or permanently—and unable to work. Section 2.17.4.1 Employee Injury/Accident Reporting Requirements Any employee suffering an injury or accident during the course of his/her employment is responsible for the following: 1. Report the accident and/or injury to his/her supervisor immediately. This should happen even if the injury does not warrant medical treatment. This is important because as soon as the supervisor becomes aware of the situation, the employee can receive treatment, if needed. If an accident is not reported and an injury develops at a later date, an extensive investigation may be required in order to determine compensability. Employees may be subject to discipline if injuries are not reported immediately. 2. Go to the Occupational/Health Clinic to receive treatment, if necessary. If the injury occurs outside the hours of 7:30 a.m. — 8:30 p.m., the employee may go to Rush Copley Emergency Room. 3. Adhere to drug and alcohol testing. 4. Tell Human Resources if he/she chooses to go to a doctor of his/her choice. 5. Complete the "Worker's Compensation Employee Injury - Employee's Report" (see Appendix E) within twenty-four (24) hours of the accident and forward it to the supervisor. 6. Update Human Resources personally after each doctor's visit. The employee must personally report to Human Resources to update them and also to give them any paperwork from the doctor. Human Resources will, in turn, notify the supervisor. 7. Instruct doctors, hospitals, physical therapists etc. to send the bills to Human Resources at the City, not the employee. 8. Do not give the supervisor any doctor notes or bills. These must be given directly to Human Resources. If the injury or appointment occurs after 4:30 p.m. and before 8:00 a.m., the employee must see Human Resources the following day. 9. Schedule all medical appointments and physical therapy at the earliest or latest time possible in the day so as to minimize disruption of work. If unable to schedule the appointments at an early or late hour, the employee is required to return to work after the - 47 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL appointment unless directed otherwise by the doctor. If directed otherwise by the doctor, the employee must have a doctor's note and personally give the note to Human Resources. 10. Keep all doctor and physical therapy appointments. If unable to do so, the employee is responsible for canceling and rescheduling the appointment and notifying Human Resources and his/her supervisor of the change. 11. Cooperate with the attending physician and with Human Resources and follow all requirements. Section 2.17.4.2 Supervisor Reporting Requirements 1. Convey the pertinent information to Human Resources immediately, especially if the employee needs medical treatment. A message may be left on voice mail if the accident occurs after hours. 2. Insist upon medical treatment, if warranted. All employees should be sent to the Occupational/Health Clinic. The supervisor may send the employee to the clinic even if he/she is not sure the employee is hurt. 3. Drive the employee to the clinic if the employee is unable to do so. 4. Complete the "Workers Compensation Employee Injury — Supervisor's Report" (see Appendix F) within twenty-four (24) hours of the accident and forward it to Human Resources along with the Illinois Form 45: First Report of Injury. Notify Human Resources if this process will take longer than 24 hours. 5. Investigate the accident regardless of treatment being given. 6. Ensure the employee complies with this policy. If the employee attempts to give you the doctor's note, do not accept it, but instead send him/her to Human Resources. 7. Send any original timesheets directly to Human Resources if the employee has time charged to worker's compensation. Human Resources will be responsible for submitting the timesheet to Finance. Section 2.17.4.3 Human Resources Reporting Requirements 1. Complete and coordinate all appropriate paperwork to be submitted to the City's worker's compensation administrator. 2. Notify the employee if the accident is compensable under worker's compensation. 3. Keep the supervisor informed of the status of the employee. 4. Discuss with the supervisor whether transitional duty is available for employees with restrictions, and what work the employee can or cannot perform. 5. Monitor the progress of the injured employee. 6. Be proactive so the employee can return to work with no restrictions as soon as possible. Section 2.17.5 Work Related Injury Compliance In the event of a work-related injury, employees should adhere to the rules listed below. Non- compliance with this procedure may affect worker's compensation benefit. - 48 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Section 2.17.5.1 Appointments and Follow Up Employees must let Human Resources know when they have a doctor's or physical therapy appointment scheduled. Immediately following each doctor's visit or physical therapy appointment, they must personally update Human Resources and bring in the paperwork. Section 2.17.5.2 Transitional Duty If an employee has been released to work with restrictions, he/she must be available for transitional duty as ordered by a supervisor or the Human Resources Division when work becomes available, even for periodic limited duty projects. Human Resources will attempt to provide employees with one (1)business day advance notice. If an employee is called in to work and is unavailable to work for any reason other than a doctor's appointment, he/she will be charged vacation time for those hours. In addition, when taking a vacation, employees must let Human Resources know. Employees will then be charged vacation time. Section 2.17.5.3 Case Management The Worker's Compensation Administrator may assign a case manager. A case manager is a registered nurse who acts as a liaison between the employee and the Human Resources Manager. The case manager may accompany the employee to all doctor's appointments. This will allow for a more expedient and safe return to work. Section 2.17.5.4 Paycheck and Benefits The Human Resources Division will process worker's compensation checks during the regular payroll schedule. Union employees must also pay union dues, unless a withdrawal card has been submitted to Human Resources. If the employee accepts worker's compensation benefits, they will receive 2/3 pay as outlined within the Worker's Compensation and Occupational Disease Act. The employee has the option to supplement the worker's compensation pay with accrued time off. Section 2.17.5.5 Accrual of Time Employees will accrue vacation or sick time while they are not working. After an employee returns to his/her regular position on a full-time basis, Human Resources will reinstate up to eight(8)pay periods of vacation time. Section 2.17.5.6 Medical Bills Employee should instruct the doctor(s) to mail all bills to Human Resources. If any employee receives any medical bills at home, he/she should bring them to Human Resources right away so that they will be paid. Section 2.17.5.7 Released to Work - 49 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Once an employee has been released to return to his/her regular position, Human Resources may request an additional doctor's appointment or functional capacity evaluation. Section 2.17.6 Transitional Duty Transitional duty will be available to any employee who has restrictions due to work-related or non-work-related injury or illness, provided there is appropriate work available. This temporary job placement must meet the physical restrictions that the physician has assigned to the injured employee. Section 2.17.6.1 Physician Certification If an employee becomes injured and receives doctor's treatment (either at the Occupational/Health Clinic or from his own physician), he/she may be eligible for transitional duty. To be considered for transitional duty, the employee must present a note from the Occupational/Health Clinic or his/her physician. The physician should review the employee's job description prior to writing this note. The note should state: 1. Length of time that the employee is to remain on restricted duty. 2. Exact nature of the work that the employee can and cannot perform. This should include specific duties and weight limitations, if applicable. 3. Date of the next scheduled re-examination to determine any change in the employee's physical status. The above-mentioned information must be provided in writing after each examination. Upon return from an examination, the employee must submit the physician's note to Human Resources. The doctor's office may also call in or fax the restrictions. The Human Resources Division, in conjunction with the supervisor, will determine if transitional duty is available. If it is determined that transitional duty is not available in his/her department, HR will notify all City departments to see if anyone may be able to accommodate the employee's restrictions. If it is determined that transitional duty is not available, the employee will not be allowed to work. If transitional duty is available, or becomes available at a later time due to changes in tasks, personnel, or the employee's restrictions, the employee with a work-related injury/illness will be required to report to work at a date and time determined by the City. If transitional duty is available, the employee with a non-work-related injury/illness will have the option to report to work or continue to be off work and use benefit time. Section 2.17.6.2 Transitional Duty Time Limitations/Restrictions Transitional duty shall be determined on a case-by-case basis and depends on the employee's restrictions and work availability. Transitional duty is not guaranteed. Normally, it will not last for more than thirty (30) calendar days from the initial date of release for transitional duty unless there has been an improvement in the employee's condition. If there is an improvement in the employee's condition during the first thirty (30) calendar days of transitional duty, the employee may receive up to an additional (30) days of transitional duty from the date of - 50 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL the improvement. It shall only be allowed if it does not exacerbate the employee's injury. While on transitional duty, employees will not be allowed to work overtime unless it is an emergency situation. The duties given shall be legitimate and productive work, and not "manufactured" or "busy" work and may be tasks the employee has never performed before. Employees may be offered transitional duty work intermittently or as needed by the City. Section 2.17.7 Accommodation Hearing In the event an employee has been given permanent restrictions due to either a work-related or non-work-related injury, an accommodation hearing will be held to determine if the City can accommodate the restriction(s). The meeting will consist of the employee, the employee's supervisor and Department Head, and Human Resources. During the meeting, the job description will be reviewed and the employee will have an opportunity to request any specific changes to be made in order to accommodate him/her, such as purchasing a piece of equipment. Due to fiscal and/or personnel concerns, accommodations may be granted in whole, partially or not at all based on the reasonableness of the accommodation. Human Resources will inform the employee in writing of the City's decision. Section 2.17.8 Use of City-Owned Motor Vehicles The City may provide vehicles for business use, to allow employees to drive on city business, and to reimburse employees for business use of personal vehicles according to the guidelines. An employee who holds a valid driver's license, when authorized by a Department Head, may operate a city vehicle. At the start of the annual fiscal year, employees will be subjected to an audit of their driver's license status via the Secretary of State. Any employee whose driver's license is revoked or suspended while employed with the City is required to notify their department head within 24 hours of the incident. Those individuals whose job description includes a valid driver's license requirement and fail to meet that requirement may be relieved of their duties without pay at the discretion of the City Administrator. Section 2.17.8.1 Vehicle Guidelines If it is more efficient in terms of productive use of time to have authorized rest periods taken in the field or the job site, it is permissible to use city vehicles to pick-up meals for employees. If an employee is working in an area away from his or her base location, and it is more convenient and less time consuming to eat lunch in that area, the employee may take the city vehicle to a nearby restaurant (or to his or her home if it is in the area) rather than returning to the base location, subject to supervisor approval. - 51 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL A city vehicle also may be used for attending professional or governmental association meetings and luncheon meetings,which directly benefit the United City of Yorkville. Section 2.17.8.2 Take Home Vehicles A vehicle may be taken home at night providing one of the following criteria are met and it is approved by the Department Head: 1. The nature of duties is such that the employee is subject to be routinely called out on an emergency or other extra duty outside normal working hours. 2. If it is necessary for the employee to have a car to protect the safety, health, or welfare of the citizens of Yorkville. 3. When the employee is required to attend an official meeting or conference on the City's behalf. The following regulations relate to take home vehicles: I. When permission is granted for a city vehicle to be driven home, the vehicle shall be stored off the street. 2. Each employee authorized to drive a city vehicle home shall make the vehicle available for emergency use whenever he or she is out of the City or unavailable for service for other reasons. 3. Personal use of city vehicles is subject to withholding tax, as required by IRS regulations. 4. Permission may not be granted for a city vehicle to be driven home more than 10 miles from City limits. Section 2.17.8.3 Regulations Relating to Vehicle Use 1. Each city vehicle shall be assigned to a specific individual, whenever possible, for purposes of responsibility, and for assurance of proper maintenance. All vehicles so assigned will be for the sole purpose of allowing city personnel to carry out their job responsibilities during normal working hours. 2. Operators of city vehicles shall conduct a routine inspection of the vehicle to include but not to be limited to the following: headlights and tail lights, seat belts, horn, windshield wipers, tire, brakes, turn signals, and a weekly inspection of oil, battery, water, and appearance. 3. Vehicles should be kept neat inside and outside, and every precaution must be taken to prevent debris from being blown or falling off trucks or from being discarded by vehicle occupants. Vehicle windows shall be closed and doors locked when not in use. 4. All city vehicles should be driven in a safe, courteous manner. Violations of traffic laws by a city employee while driving on city business are subject to review by the proper authorities for disciplinary action in addition to normal law enforcement procedures. The driver of a city vehicle is responsible at all times for not only the safe - 52 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL operation of the vehicle, but for the safe and lawful condition of the vehicle itself. All persons shall use the safety belt restraining system while operating or riding as a passenger in the vehicle while the vehicle is in motion. Faulty operation of a vehicle shall be immediately reported to the fleet foreman who shall issue a work order for repair. 5. City employees may not operate any vehicle for which they do not have a valid Illinois license for the intended use and type of vehicle being driven. It is the responsibility of the employee to procure the proper license. 6. City employees who are authorized to take city vehicles home at night may transport other city employees so long as a reasonably direct route between the work station and residence of the employee authorized to drive the city vehicle is maintained. 7. Employees shall not allow members of their family or their friends to drive city vehicles. 8. Abuse of vehicle privileges may result in disciplinary action up to and including termination. Section 2.17.8.4 Reimbursement for Personally-Owned Vehicle Use Employees approved by their department to operate a personally owned vehicle (POV) will receive the IRS per-mile standard. Section 2.17.9 Collision Investigation Involving City Employees If, while operating a city vehicle or a privately owned vehicle in the performance of official duties, an employee is involved in an accident resulting in personal injury or property damage, the operator shall cause the following reporting and investigative procedures to occur. Section 2.17.9.1 Vehicle Accident Reporting Requirements—Employee 1. Contact 911, a police report is required to send to insurance. 2. Report the accident and/or injury to his/her supervisor immediately. This should happen even if the vehicle does not need immediate repair. 3. Complete the "Vehicle Accident Report" (Appendix G) and immediately return it to the supervisor. Section 2.17.9.2 Vehicle Accident Reporting Requirements—Supervisor 1. Convey the pertinent information to the Finance Department immediately, especially if the vehicle has substantial damage or the parry has incurred injury. 2. Approve and sign the "Vehicle Accident Report" (Appendix G) that the driver completes. Complete the "Supervisor's Vehicle Accident Investigation Report" (Appendix H and forward both reports with the police report to the Finance Department within 24 hours of the accident. Notify the Finance Department if more time is required. - 53 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Section 2.17.9.3 Investigation Procedure 1. Request that all parties and properties concerned remain at the scene of the accident, if possible, until a law enforcement representative has released them. 2. All collisions involving city vehicles or persons on duty and actively engaged in city business will be investigated by a police agency. 3. If occurring outside the United City of Yorkville, the collision will be investigated by the police agency having jurisdiction. 4. If occurring within the United City of Yorkville and involving property damage or a minor (non-hospitalizing) injury, the collision will be investigated by the United City of Yorkville Police Department. 5. If occurring within the City and the collision results in a fatality or injury requiring immediate hospitalization of any party, the accident will be investigated by an outside authority. Selection of an outside authority will be handled by the United City of Yorkville Police Department at the scene. Section 2.17.9.4 Employee Statements Employee/operators shall refrain from making statements regarding the accident with anyone other than the investigating law enforcement representative, appropriate City officials, and representatives of his or her own insurance company, if the employee's privately owned vehicle is involved. Statements made to investigating authorities should be confined to factual observations. Section 2.17.10 Emergency Conditions City offices and activities shall remain open and in operation during established working hours. All employees should make every attempt to report for work on a timely basis. If employees are unable to report to work, the following criteria shall apply: 1. The employee is responsible for contacting his/her supervisor or Department Head by telephone to indicate anticipated absence from work or late arrival to work and the reason. 2. If an employee is unable to report to work, the absence may be charged as vacation or personal leave. Section 2.17.10.1 Closing City Offices The City Administrator shall be authorized to close city offices to protect the safety and welfare of city employees. In this event, employees may use vacation or personal leave to compensate for hours not worked. It shall be at the City Administrator's discretion whether specific employees will be allowed to work from home or another location. - 54 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Section 2.18 Workplace Inspections The City wishes to maintain a work environment that is free of illegal drugs, alcohol, unauthorized firearms, explosives, or other improper materials. To this end, the City prohibits the possession, sale, transfer or use of such materials on its premises or in City vehicles. The City requires the cooperation of all employees in administering this policy. Section 2.18.1 Administrative Inspections Desks, lockers and other storage devices may be provided for the employees' convenience, but remain the sole property of the City. The City also reserves the right to conduct searches and inspections of City-provided vehicles, equipment, materials, such as boxes, thermoses, briefcases, desks, computer files, computers, computer disk, cabinets, file drawers, desk, lockers, or packages without notice. Anyone who refuses to allow a search of the City-provided property listed above or who is found in possession of prohibited articles will be subject to disciplinary action, up to and including dismissal. Accordingly, the City Administrator or Chief of Police or their designee may conduct the inspection with or without prior notice. All administrative/operational inspections shall be conducted through the authority of the City Administrator or Chief of Police. The City is not responsible for loss of or damage to personal property on the job. Section 2.18.2 Criminal Inspections/Searches When a supervisor or an employee has reasonable suspicion that a criminal act or threat of violence has or will occur he or she shall contact the local police department immediately. The local police will determine if an inspection is warranted and conduct such inspection. Only law enforcement personnel shall conduct such inspection. Any abuse of this provision within the employee manual by any employee shall be subject to disciplinary action up to termination. Section 2.19 Nepotism Section 2.19.1 Prohibition on Employing the Spouse/Relatives of Department Heads/Elected Officials/Paid Appointed Officers (Anti-Nepotism) a. It shall be the policy of the City that it shall not employ the spouse or a relative of the following Department Heads, Elected Officials, or Paid Appointed Officers: Mayor, Aldermen, Clerk, Treasurer, City Administrator, Chief of Police, Director of Parks and Recreation, Director of Finance, City Engineer, Director of Public Works, Community Development Director, Building and Zoning Officer, and City Attorney. For this purpose, a relative is deemed to mean a spouse, parents, grandparents, children or grandchildren, siblings, aunts, uncles, in-laws, and step relatives within the same categories. b. This policy restricting employment of certain spouses and relatives shall not apply to any prohibited relationships existing on the date of passage of this provision. Section 2.19.2 Spouse/Relatives of Department Heads/Elected Officials - 55 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL a. The employment of a spouse or a relative of any Department Head or elected official may be subject to a confidentiality disclosure agreement or conflict of interest agreement as deemed necessary by the City Attorney. For this purpose, a relative is deemed to mean a spouse, parents, grandparents, children or grandchildren, siblings, aunts, uncles, in-laws, and step relatives within these categories. b. This policy is intended to comply with the requirements of all applicable federal, state, and local laws. The City Administrator is responsible for the coordination, administration and implementation of the provisions of this policy as approved by the City Council. Section 2.19.3 Relatives of All Employees a. The purpose of this policy is to establish consistent guidelines concerning the employment of relatives of employees of the City. Relative is deemed to mean a spouse, parents, grandparents, children or grandchildren, siblings, aunts and uncles, in-laws and step- relatives, within these categories. It is the policy of the City to provide all employees with equal employment opportunities for career advancement without fear of favoritism or penalty, actual or implied,based on family relations. b. The employment of a relative of any full-time City employee, in a full or part-time position, is prohibited if such employment shall cause the new employee to come under direct supervision of or provide direct supervision to the related full-time employee. c. Full-time City employees will not be considered for promotion or transfer if such change shall cause the employee to come under, or to provide direct supervision to a related City employee. d. If employees in a supervisory relationship become related after employment, every effort will be made to transfer one of the employees to a position where no supervisory relationship exists. If neither employee volunteers to transfer, the City Administrator will arrange an involuntary transfer at his or her discretion. Transfer decisions may be based on, but are not limited to, such factors as the grade of each affected employee's position, the availability of openings for which the affected employees are qualified, and the availability of replacement candidates for the affected employees'positions. e. This policy is intended to comply with the requirements of all applicable federal, state and local laws. f. The Mayor or his designee is responsible for the coordination, administration and implementation of the provisions of this policy as approved by the City Council. Prior to the application of this policy regarding employment or transfer decisions with respect to spouses, supervisors must contact the Mayor to ensure compliance with applicable federal, state and local laws. Section 2.20 Dissemination of Information Policy Title 1, Chapter 5, Section 5 of the City code outlines the Dissemination of Information Policy: A. Realizing that it is in the best interest of a municipality to have informed representatives making decisions based on all available information, and that it is in the best interest of a municipality to have an informed electorate, the following have been enacted: - 56 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 1. The aldermen of the United City of Yorkville, together and independently, have the right to request and receive existing information relating to all areas of city business from any appropriate city official or appropriate employee. Such information should be received by the alderman or aldermen making the request within five (5) working days after the request has been made. 2. Any employee, official or department head who refuses to comply with the request for information, or willfully obstructs or retards the dissemination of such information, will be found to be derelict in his or her duties, and may face disciplinary action or termination. 3. The corporate authorities as a body have the sole right to determine what information will be made available to the public, based on the Illinois freedom of information act as interpreted by the attorney general of the state of Illinois. Section 2.21 Use of Telephones Section 2.21.1 Personal Use of Telephones Employees are permitted to use City telephones for personal use on limited basis and for local calls only. Approval to use City telephones for personal business may be withdrawn by Department Heads if it becomes excessive or if use causes interference with work duties. Employees may be required to pay for any non-city business calls they make which are charged to the City. This policy is subject to change, as the City deems necessary. Section 2.21.2 Cell Phone Policy This policy is intended to provide guidelines for the proper use of cellular telephones. Cellular telephones are provided to employees as business needs indicate. City employees who have been issued a city cell phone are advised that all calls made to or from the city cell phone can be subject to a Freedom of Information Act review by the public. There should be no expectation of privacy. Section 2.21.2.1 Procedure If a Director determines that an employee needs a cellular telephone or an upgrade to an existing cellular telephone, a detailed written request must be submitted to the Finance Director as part of the requisition process. This request must include: a. The estimate of the annual cost and where the expense is budgeted. b. The reason for the request, and whether it will enhance emergency response, employee safety, or work efficiency. c. The adequacy of the present system of communication, and if a cellular telephone is the most appropriate and economical choice. d. How much time the user spends in the field each day. - 57 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL e. How frequently the cellular telephone will be used. Section 2.21.2.2 Allotted Minutes The maximum authorized number of minutes per person is as follows: Department Heads and Elected Officials 1,000 minutes Foremen, Managers, Police Personnel & Supervisors 750 minutes All other employees 400 minutes This is to be used as a general guide and may change depending upon the City's vendor and/or the City's needs. Section 2.21.2.3 Eligibility Criteria Employees eligible for assignment of City-owned cellular telephones are those designated by the City Administrator and/or the Chief of Police, including (but not limited to): 1. Employees who are frequently in a vehicle, if the individual must conduct City business by the telephone while in the field, and it can be shown that cost savings and customer service efficiently will be realized through the use of such devices; 2. Employees who have a critical need to maintain accessibility with other department directors, City management staff and public officials, in order to insure uninterrupted customer services and/or the integrity of the City; 3. Public safety positions, as determined by the Chief of Police, as necessary to provide immediate and direct telephone communications with citizens, outside agencies cooperating in operations, or other resource entities outside of City government, and to provide for communications which may be inappropriate for mobile radios; 4. Department Heads and employees who have responsibility for responding to public safety incidents in the field. Section 2.21.2.4 Employee Responsibilities Employees have the responsibility to use all City equipment and contracted equipment with prudence and reasonable care. While driving a vehicle, employees should make every effort not to make outgoing calls or answer a phone if it will prohibit them from operating a vehicle in a safe manner. Employees will be allowed to review the invoices for the cellular phone assigned to them and be prepared to verify the calls listed on the invoice. Employees will reimburse the City for all charges determined to be inappropriate by the Department Head, Finance Director or City Administrator. - 58 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Reimbursements shall be made within 30 days of receipt of invoice by the department at the overage rate of the approved City's vendor. Section 2.21.2.5 Department Head Responsibilities Department Heads will receive a copy of the cellular telephone invoice each month. It is the department head's responsibility to review all cellular telephone invoices on a regular basis to insure that cellular telephones are used appropriately and that the City is reimbursed for calls that cannot be identified as official use. Any misuse of cellular telephones assigned to their department should be addressed immediately upon discovery. An employee who violates the terms of this policy may be subject to disciplinary action including suspension and/or termination as stated in section 5 of the employee manual. Section 2.21.2.6 Repairs and Replacements of Equipment If there is a potential that equipment may be lost or damaged, the employee is responsible for making reasonable accommodations to protect the equipment. City provided cellular telephone equipment will be repaired or replaced according to one of the following: 1. Cellular telephone equipment that requires repair or replacement due to normal wear and tear, damage as a result of City job related duties or responsibilities or a situation outside the control of the employee will be repaired or replaced at the expense of the City. The employee must have made a reasonable accommodation to protect this equipment. 2. Cellular equipment that requires repair or replacement due to employee negligence, including but not limited to: misuse, abuse, carelessness, misplacement, will be repaired or replaced at the expense of the City, however this will be subject to corrective action as determined by the department director or designee. Section 2.21.2.7 Termination Upon termination, the employee is to return his/her cellular telephone as well as any accessories to the City. The City issued telephone number is the property of the City and shall remain under the City's ownership. - 59 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL SECTION 3 DIRECT COMPENSATION Section 3.1 Regular Hours of Work Section 3.1.1 Workday hours and lunch breaks All non-exempt employees shall be scheduled for an eight and half (8.5) hour workday which includes an unpaid lunch break, except sworn police officers whose workday will be determined by the Chief of Police. Lunch breaks for all City administrative offices shall be scheduled not to disrupt City services. Approved hours of work are as follows, and shall be chosen by the employee with the consent of the department head: 1. 8:00 a.m. to 4:30 pm with '/z hour unpaid lunch break between 10:00 am and 3:00 pm 2. 7:30 a.m. to 4:30 with 1 hour unpaid lunch break between 10:00 am and 3:00 pm. 3. Public Works, Parks, Engineering and Recreation field employees shall have approved hours of work as set by the Department Head and approved by Human Resources. Requests for hours of work other than those listed above will be at the discretion of the department head, with the consent of the Human Resources Manager and the City Administrator. Section 3.1.2 Work Schedule The work week shall consist of forty (40) hours per week for all City non-exempt full time employees. The Department Head shall determine the length of the shift and starting time providing there is no disruption to City services. Furthermore, the Mayor and City Council shall determine the hours of operations for all City administrative services. Section 3.2 Shift Changes All employees shall normally be given fourteen (14) days notice of any changes in regular working hours, except in cases of emergency, or by mutual consent of employee and Department Head. Section 3.3 Payroll Administration All salaried, hourly, and part-time personnel shall be paid biweekly. Up to a one-week delay in payment may be in effect for regular and overtime hours. Further payroll and reimbursement policy details are as follows: a. Paychecks will be issued no later than 12:00 p.m. on payday. b. All full-time employees with health insurance coverage will have health insurance employee contributions withheld from each paycheck, in an amount to be determined annually by a vote of the City Council. - 60 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL c. All voluntary benefits (i.e. life insurance, 457 deferred compensation, etc.) will be withheld from the paycheck on a schedule to be determined at time of enrollment. d. Department Heads or their designee shall distribute payroll checks. e. Hourly pay is defined as base pay plus all longevity stipends. Section 3.4 Callback Pay All full-time, non-exempt employees covered by this Personnel Policy who are called back to work after having left after a full scheduled work day shall receive a minimum of two (2) hours work at time and one half pay. A call back is defined as an assignment of work that does not immediately precede or follow an employee's regularly scheduled work hours. Department Heads do not receive overtime pay, but may take time earned, when the demands of the position allow them to do so, with the approval of the City Administrator or Mayor (depending on the direct supervisor of the Department Head). Employees called in to work on a scheduled floating holiday or vacation day shall receive a minimum of two (2)hours work at time and one half pay. Section 3.5 Overtime Scheduling Time worked in excess of the established regular workweek hours constitutes overtime work. Before performing any overtime work the employee must receive approval from their supervisor or Department Head. Section 3.6 Overtime Pay Overtime pay shall be considered time worked which is more than a full-time employee's normally scheduled workday or forty (40) hours per week. Overtime pay shall be paid at the rate of one and one-half times the hourly rate, determined by dividing the annual salary by 2,080 hours. All full time, non-exempt employees will be compensated for all hours worked as described within their job description and duties as authorized, which means no employee shall work as an independent contractor or receive a stipend for hours worked except as authorized as an appointed position. Employees shall be duly compensated under the FLSA for hours worked; however employees may be subject to discipline for performing unauthorized work. Section 3.7 Compensation Time The City encourages the use of compensatory time, provided the net result is a saving of wage expenditures. Compensation time for non-exempt employees is earned at the rate of 1.5 hours for each hour of overtime worked. All non-exempt, full-time employees (at their discretion and with their Department Head's approval), shall be allowed to take compensation time. This is in lieu of any overtime hours worked for which an employee waives overtime pay. An employee is allowed to use compensation time by the hour and/or day provided compensation time is earned and overtime is waived before requesting compensation time, sworn full-time employees may take compensation time, as outlined in their police collective bargaining agreement - 61 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL There is a cap of 120 hours of compensatory time that may be accrued for all non-exempt employees. The City reserves the right to require employees to use compensatory time or to "cash out" accrued hours except forty (40) hours at any time with a thirty (30) day written notice to their Department Head. Upon termination of employment, the employee will receive cash compensation for any accrued comp time remaining. The City will honor an employee's request to use comp time within a reasonable period of time following the proper request, so long as the use of the comp time will not "unduly disrupt" the City's operations. Section 3.8 Public Works On Call Employees will be required for "On Call" duties to maintain the city public infrastructure during all weekends and City holidays. They shall be expected to check pumps and perform other such work as may be directed from time to time. The employee shall check the status of the wells, pumps, and lift stations approximately 7: 00 a.m. and wells again at approximately 4:00 p.m. for which they shall receive a minimum of two hours pay at the overtime rate. Personnel so selected for"On Call" duty shall be available for emergencies unless other arrangements are made between employees. Any such arrangements made shall require notification to the Department Head. Section 3.9 Flex Time Department Heads may, at their discretion, allow employees to flex their schedule during the week so long as service levels are not negatively impacted. Any non-exempt employee who flexes their hours must do so in the same work week; hours cannot be "banked" as straight time for future use. Non- exempt employees working over 40 hours in one week will be compensated at 1.5 times their regular hourly rate as stipulated in the Fair Labor Standards Act. Section 3.10 Longevity Pay Longevity stipend will be made to all full-time, non bargaining employees based on the below schedule and continuous years of service. This stipend is added to the annual salary for non-exempt employees and exempt employees will receive the stipend on the 1St pay period of the employee's anniversary of date of hire. After 6 years, but less than 9 years $ 750 per year After 9 years,but less than 14 years $1000 per year After 14 years, but less than 20 years $1250 per year After 20 years,but less than 25 years $1500 per year After 25 years $2000 per year Section 3.11 Performance Evaluations and Pay Adjustments Section 3.11.1 Employee Performance Evaluations - 62 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL At a minimum, yearly performance reviews shall be made of the employee's work performance by the Department Heads, and reported to Human Resources and their immediate supervisor by April 1St of each year. Employees may be given more frequent evaluations as circumstances warrant. A finding of satisfactory performance is needed for advancement on the wage scale. Evaluations shall be made on standardized forms as provided by Human Resources, and shall provide a comprehensive review of the quality of work performed by the employee. Both Department Head and Employee shall sign evaluations. Probationary employees are required to receive performance evaluations at the 90-day mark and the end of their probationary period. Section 3.11.2 Pay Adjustments Wages for all City employees shall be reviewed by April 1St of each year. Any adjustments in pay shall be granted at this time, to be effective with the first payroll of the following fiscal year and subject to the City budget (May 1). This is not meant to imply that raises shall automatically be granted. Wages and benefits, directly related to their respective departments, is an addendum to this Personnel Policy. This addendum may be updated from time to time to reflect City Council approved adjustments. A new employee hired within six (6) months before a wage increase may not be eligible for such wage increase until satisfactory completion of the probationary period. After the probationary period, employee shall be given a review and wage increase calculated in a commensurate and pro-rated format as the wage increase given most recently to City employees. Said wage increase will not be retroactively applied from the date of the wage increase, but will be in effect going forward from the end of the probationary period. Any employee hired more than six (6) months before a wage increase shall be eligible for the wage increase, pro-rata. - 63 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL SECTION 4 EMPLOYMENT BENEFITS Section 4.1 Vacation Leave 1. Employment anniversary dates shall govern the number of vacation days allowed. 2. Full-time employees are entitled to the following vacation time based on continuous and completed years of service, depending on status, unless otherwise approved by the Mayor and City Council. Non-exempt employees Years of Service Completed Vacation Time Credited 6 months 40 hours 1 year 40 hours 2, 3, 4 80 hours Nr year 5, 6, 7, 8, 9 120 hours per year 10, 11, 12, 13, 14 160 hours per year 15+ 200 hours per year Exempt employees Years of Service Completed Vacation Time Credited 6 months 40 hours 1 year 80 hours 2, 3, 4 120 hours per year 5, 6, 7, 8, 9 160 hours per year 10+ 200 hours per year 3. Employees who have accumulated eighty (80) or more hours vacation may take up to forty (40) hours vacation as pay per year, subject to the approval of the Department Head. Vacation payouts must be requested in writing by the employee to the Department Head for authorization or denial. 4. Vacations are normally requested in forty (40) hour increments. Smaller increments of vacation leave may be taken with the approval of the Department Head. All requests must be submitted at least fourteen (14) days in advance and approved by the Department Head. Any vacation request submitted for the calendar year by February 28th will be approved based on seniority and scheduling to provide essential services. When the vacation leave request is approved the employee has reserved his right to his leave; however, all leaves are subject to review and/or cancellation for major emergencies or extreme circumstances, which may cause a personnel shortage. 5. Upon the employee's anniversary date, a maximum of forty (40) hours of unused vacation time may be carried over into the next year. - 64 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 6. Upon termination of employment, the employee shall receive prorated accumulated vacation pay on the basis of 1/12 for each full month worked past the employee's appointment date, based upon the employee's vacation time determined by length of employment. Section 4.2 Holiday Leave Holiday pay shall be paid to all full-time employees. All employees shall receive their normal rate of pay with the day off. This is not intended to imply they shall receive any additional pay, but only the pay they would have received had they worked the day as a normal workday. All employees covered by a collective bargaining agreement will be covered as outlined in the collective bargaining agreement. Public Works employees called in to work on a City-recognized holiday shall receive double pay for the number of hours worked. This means that an Employee shall receive his holiday pay, plus double time pay for hours worked. The following twelve (12) holidays shall be observed: New Years Day Labor Da Martin Luther King, Jr.'s Birthday Veteran's Da President's Day Thanksgiving Da Good Friday Day after Thanksgiving Da Memorial Day Christmas Eve Da Independence Day Christmas Da Besides the twelve (12) holidays listed, all employees shall receive two (2) floating holidays, which cannot be accumulated if not taken. Department Head's approval must be obtained before taking the floating holidays. Section 4.3 Sick Leave Section 4.3.1 Purpose, Allowance, and Accumulation Sick leave is considered a privilege and not a right to be used at the employee's discretion for personal business. Sick leave with pay is provided as a benefit in recognition that employees do contract various illnesses from time to time and that their financial resources may be diminished in such instances if pay is discontinued, and that it may not be in the best interest or health of the employee or fellow employees to work while sick. An employee who is unable to work by reason of a non-duty related illness, injury, or disability as contained herein may take sick leave. Additionally, employees may take sick leave for doctor, dental and vision appointments, and illness of immediate family member requiring the presence of the employee as the primary care giver (includes parents, in-laws, children, spouse, siblings, grandparents and grandchildren or at the Department Head's discretion). Full-time employees shall accrue eight (8) sick leave hours per month to a maximum accrual of 960 hours. Whenever possible, medical appointments should be scheduled in a timely manner in order to minimize the employee's absence from work. - 65 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Section 4.3.2 Medical Verification If an employee uses three (3) consecutive sick leave days, the city will require the employee to provide a medical verification of illness statement from their physician. For any other use of sick leave, the City may require the employee to provide verification of illness. Section 4.3.3 Sick Leave Utilization Sick leave may be utilized only for the purposes as stated in the first paragraph of this section. Employees utilizing paid sick leave hours shall be compensated for them according to their normal rate of pay. Employees will use accrued sick leave in reverse accrual order. Thus, when an employee uses a sick leave hour, the last sick leave hour earned is removed from his accumulated sick leave. Excessive absenteeism, without medical verification, may result in disciplinary action, up to and including immediate termination of employment. "Excessive" shall be defined as those absences occurring more than two (2) times per month (i.e. two consecutive days absent from work would be considered as on (1) occurrence). Absent employees who have exhausted their accumulated sick leave shall not be compensated for further absences. Section 4.3.4 Unused Sick Leave On May 15 of each year, an employee who has used less than the sick leave he has accumulated in the immediately preceding fiscal year(May 1 through April 30)will be asked if he wishes to sell back the accrued sick leave earned in that fiscal year at a rate equivalent to fifty (50%) percent of his regular rate of pay as determined on April 15th for each sick hour sold back. The number of sick leave hours for which an employee elects cash compensation shall be deducted from such employee's accumulated sick leave. Employees electing to sell back their sick leave will be paid to them by June 151h An employee who is eligible upon separation to collect a retirement pension under IMRF or the Police Pension Fund, who leaves the City's employment [through retirement, a reduction in force, or voluntary resignation] and has been employed by the City for more than twenty (20) years shall be paid for all unused sick leave at fifty (50%) of his regular rate of pay for all accumulated and unused sick leave up to 960 hours. Section 4.3.5 Sick Leave Donation Policy In recognition of the financial hardship that an extended, catastrophic illness can cause employees, the City is willing to facilitate the voluntary donation of sick leave among employees. If an employee voluntarily requests that the City transfer a portion of that employee's accrued sick time to an employee with a catastrophic illness, the City will facilitate that transfer. Such a request may be submitted in writing to Human Resources for processing. The name of the donor will be kept anonymous. An employee seeking to donate sick leave will be required to retain 30 days of sick leave time, but is not otherwise limited in the amount of sick leave time the employee can donate. An employee - 66 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL who receives donations of sick time from other employees will only be allowed to use that sick time when the employee has otherwise exhausted all accrued time off. Prior to approving the use of donated sick time and consistent with the City's sick leave policy, the City may require that the employee who receives donated sick time submit medical documentation supporting the continued use of sick time. Section 4.4 Reporting of Absences All Department Heads shall keep an accurate account of any employee absences including their own. Arriving and reporting to work regularly and on time is one of the employee's prime responsibilities. Failure to be on the job when scheduled reduces the efficiency of the City. Illness should be reported to the employee's immediate supervisor one (1) hour before the start of the employee's shift. Failure to secure proper permission for the use of personal days and/or sick hours or to report illness on time may result in full loss of pay for the hours involved for non-exempt employees. Exempt employees should apprise their immediate supervisor if they will not be present during normal business hours. Section 4.5 Duty-related Illness of Leave In the event of a work-related accident or death that occurs while on the job, all employees are eligible for worker's compensation as provided by law. Employees covered by a collective bargaining agreement should consult the relevant agreement for additional information. The Department Head may consider a light duty program for any employee who has a medical release to return to limited duty. Section 4.6 Emergency and Bereavement Leave Time away from the job due to emergencies will be granted at the discretion of the Department Head. The Department Head shall make the decision whether non-exempt employees shall receive paid or unpaid time off, or shall be required to make up missed time. Exempt or Supervisory employees shall be permitted to take emergency leave at the discretion of the Mayor or City Administrator or his/her designee, and where the need for leave is a day or more, the City may, at its discretion, designate such leave as unpaid leave time. Emergency time off for bereavement will only be allowed in the case of death of an immediate family member, (mother, father,brother, sister, child, spouse, mother-in-law, father-in-law), or in special cases as approved by Department Head. These days are separate from floating holidays and sick hours. Section 4.7 Uniformed Services Employment and Reemployment Rights Act The City will provide for leaves for uniformed or military service in accordance with the requirements of state and federal laws. If an employee needs to take leave for uniformed or military service, they should submit a copy of their orders along with their request for leave as soon as they become aware of the need for leave. Please contact the City Administrator for further details about the uniformed or military leave rights. - 67 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL These provisions apply to all Illinois employers, including public employers. Furthermore, employees who are members of the reservists — either in the U.S. Armed Services or in the Illinois National Guard — are entitled to the following benefits (under Illinois Law) when mobilized to active military duty by presidential order: • Continuing compensation (minus the amount of the employee's base pay for military service) for the entire period of active military service; and • Continuing health insurance and other benefits the employee was receiving or accruing at the time the employee entered military service. Section 4.8 Illinois Family Military Leave Act Employees who are the spouse or parent of a person called to military service lasting longer than 30 days shall be provided up to 30 days of unpaid family military leave during the time federal or State deployment orders are in effect. The employee shall give at least 14 days notice of the intended date upon which the family military leave will commence if the leave will consist of 5 or more consecutive work days. Employees taking leave for less than 5 days shall give advance notice as is practicable. An employee shall not take leave as provided under this Act unless he or she has first exhausted all accrued vacation leave, personal leave, and compensatory leave. Only employees who have been employed by the City for at least 12 months and who have worked at least 1,250 hours during the 12- month period immediately preceding the commencement of leave protected under this Act. (820 ILCS 151/) Section 4.9 Jury Duty Leave Employees shall be granted leave with pay when required to be absent from work for jury duty. Employees are expected to contact their immediate supervisor and report to work when they are excused from jury service, temporarily or finally. Any payment received by the employee for jury duty shall be given to the City because the employee is receiving their full pay while on jury duty leave. Section 4.10 Time Off for Voting Every employee who is entitled to vote at a general or special election is entitled, after giving notice, to two hours off work to vote,provided that the employee's working hours begin less than 2 hours after the opening of the polls and end less than 2 hours before the closing of the polls. (10 ILCS 5/17-15) Section 4.11 Unpaid Discretionary Leave In addition to the leaves described above, regular full-time employees who have completed at least twelve (12) months of continuous service and are in good standing may request a leave of absence. The following conditions and procedures apply to any leave of absence not covered by FMLA, unless - 68 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL otherwise required by applicable law. Leave of absence request shall be presented to the department head in writing by the employee. The request shall be reviewed and approved or denied by the City Administrator. If approved, the employee will be required to exhaust all applicable accrued paid time off prior to moving to an unpaid leave. For instance, if an employee is approved for an unpaid discretionary leave that is not medical related, they will not be required to exhaust sick-time prior to the unpaid leave. While on leave if the employee should choose they will be placed on COBRA coverage to continue their health insurance benefit and will be required to pay the full premium. Failure to pay the premium within 30 days of the due date will terminate coverage. Time spent on extended leaves of absence may not be counted as creditable service. Length of service shall not accrue for an employee who is on an approved leave of absence but will begin to accrue again when the employee returns to work on a pay status. Leaves of absence will generally not be extended beyond twelve (12) months from the actual start date of the leave. Employees on a leave who do not return to work on or before the expiration of the twelve (12)month period will be terminated from employment with the City. Employees wishing to take such leaves of absence must realize that reinstatement to their former position is not guaranteed. However, if the position is still in existence and is vacant at the conclusion of the period, the employee may resume his/her same status therein subject to the approval of the City Administrator. If the position no longer exists the employee will be encourage to apply for an open positions. Section 4.12 Employee Benefits Information All employees will be required to notify the employer of any changes in address, family status, or other personal information. Notification of a change in family status must be accompanied by legal documentation (i.e. birth certificate, marriage license, divorce decree, etc.) within 30 days of change in order for benefits to be changed. Section 4.13 Health and Life Insurance Coverage All full-time employees are covered under the City's health, dental, and vision insurance plan. There is a 30-day waiting period before new employees are eligible for coverage. After completion of the waiting period, insurance shall begin on the first day eligible as determined by the health insurance policy then in effect. The City agrees to pay the premium thereafter for employees and their dependents, except for the monthly participation fee by the employee and the City reserves the right to change the monthly participation fee. The City will make every effort to provide employees with a forty-five (45) day written notice of any proposed change. The City shall provide life insurance for full-time and eligible part-time employees, in the amount of $50,000. Spouses will be insured at $10,000 and dependents age one (1) week to six (6) months at $1,500 or age six (6)months to 19 years (25 if a full-time student) at $2,500. Summary plan descriptions (SPD's), which explain coverage of your health and life insurance benefits in greater detail are available from the Human Resources Manager. The actual plan documents, which are available by making a written request to the Human Resources Manager, are the final authority in all matters relating to the benefits described in this Manual or in the summary plan description and will govern in the event of any conflict. Additionally, the City reserves the right to - 69 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL change insurance carriers, change health maintenance organizations, self-insure, and/or change or eliminate any benefits at any time with a forty-five (45) day notice, when practical in accordance with applicable law. Section 4.14 Pension Participation Section 4.14.1 Eligibility All employees who work 1,000 hours or more per calendar year are covered by the Illinois Municipal Retirement Fund(I.M.R.F.)pension and its regulations to which the City and employees shall contribute,unless covered by a collective agreement or another pension plan. Section 4.14.2 Military Service Credit All employees who were in active participating status under IMRF on the date of June 14, 2001 shall be allowed service credit to employees who served in the armed forces of the United States for up to two (2)years of service, prior to their participation in the Illinois Municipal Retirement Fund. Section 4.15 Continuation of Medical Coverage (COBRA) In accordance with the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) an employee, who would otherwise lose group health insurance coverage because of a reduction in working hours or the termination of employment for reasons other than gross misconduct, is eligible to continue under the City's plan up to 18 months or for such other period time prescribed by law. The City will notify an employee of the time period for which continuation coverage may be provided. If an employee elects to continue coverage, he or she will be responsible for payment of the full premium, which amount may change from time to time. Section 4.16 Education 1. All requests by an employee for the enrollment to a college degree program or college coursework, which must be job related, must be submitted by the Department Head to the City Administrator for approval. The City recognizes four (4)levels of degree programs, described as follows: (i) high school; (ii) 64 credit hours of college course work; (iii) bachelor's degree; and, (iv) master's degree. All courses related to the program shall be eligible for payment subject to budget approval. This provision shall be subject to change and does not entitle any employee the exclusive right to receive approval and/or be eligible for payment. Furthermore, the employee shall provide a grade or transcript to the Department Head upon the completion of each course. Any revision or change requested by the employee to the approved program must be submitted to the Department Head for approval prior to the revision or change. 2. Upon approval under section "a", the City shall pay tuition and fees only for college coursework (not travel or wages), unless otherwise approved by the Mayor and City Council. 3. The City may pay all expenses of an elective course. An elective course is one that may benefit the City by added knowledge,but is not directly related to City operations. - 70 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 4. The tuition and fees only (no books or materials) of an elective or required course will be paid through direct billing from the appropriate school, or paid as a reimbursement to the employee pending the completion of a consent form for repayment and pending receipt of a the grade transcript The employee will sign the payroll deduction form prior to the enrollment of the course stipulating to the following provisions will apply: if a grade of a B-average or better is attained upon the completion of the course the class will be considered complete and paid for by the City. If less than a B-average is attained, the employee will be required to pay back 100% of the tuition and fees to the City through a payroll deduction as stipulated within the payroll deduction sign off form or direct payment to the City. If an employee voluntarily leaves the City within two years of completing a course reimbursed under this policy, a percentage amount of reimbursed expenses must be repaid to the City according to the following schedule: a. 0-6 months of completion of course— 100% b. 7-12 months of completion of course—75% c. 13-18 months of completion of course—50% d. 19-24 months of completion of course—25% 5. Tuition rates will be paid for at an amount not to exceed the current per-hour rate charged at the University of Illinois Urbana-Champaign as is designated at the time of class approval. Section 4.17 Training and Certificates 1. When seminars are deemed in the best interest of the City by the Department Head, only Department Head approval, subject to budget constraints is needed to send an employee to the seminar and pay expenses incurred. 2. The City shall pay all expenses including wages at "regular"pay, travel, and training fees for any full-time or approved part-time employees enrolling in "required"training courses. 3. All Department Heads will complete the Off-Premises Training Hours Worked Agreement form (Appendix 1) for all employees who attend training outside the Chicago Metropolitan area. In addition, for all out of state travel for meetings/seminars/training/conferences that have numerous locations, the Department must select the most cost effective destination. For any out- of-state travel request that is not included within the narrative of the budget, the Department Head must receive approval by the City Administrator. Section 4.18 Lodging and Meal Expenses Meals are reimbursed on a per diem basis, at a maximum of$40 per day. Meals included with the price of registration for an event will not be included in the per diem. Meal payments shall be processed as a reimbursement after the event from petty cash or by requesting a check from the Finance Department; or employees shall be issued a City credit card, if feasible, for use at the event. For multiple-day seminars or conferences, the allowance for the day of departure and day of return shall be pro-rated based upon the number of meals required away from home. For these pro-rated allowances, breakfast shall be $10, lunch $10, and dinner $20 per day. In no instances shall per diems be used to purchase alcoholic beverages, whether or not the consumption occurs during meal-time. - 71 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Maximum lodging rates shall be set at the conference-host hotel rate, or in absence of a conference, $150 per night. Department head approval must be obtained for any and all increases to this amount for lodging. To minimize travel costs while at conferences, employees are encouraged to ask the hotel for government-rates and to stay at the conference-host hotels. At conferences, employees are allowed to stay at any other hotel of their choice, so long as the hotel rate is equal or cheaper than the conference-host hotel rate. Section 4.18.1 Family lodging and accompaniment The City does not encourage family members to accompany the employee on an official trip. However, there is no objection to this practice if their accompaniment does not interfere with the purpose of the trip. Family members shall travel at their own risk and cost. Section 4.19 Internal Revenue 457 Deferred Compensation Plan _Irl The City offers for all full time employees to participate in an Internal Revenue Code 457 Deferred Compensation Plan, which creates the opportunity for financial benefits and favorable tax treatment on the part of its employees. The employee contacts the Human Resources Manager to receive and complete the appropriate documents to enroll in the plan. Section 4.20 Additional Voluntary Benefits Additional voluntary benefits are provided to employees as the benefits are approved by City Council. These benefits will be communicated to employees at time of hiring, open enrollment, and as they are approved by City Council. Section 4.21 Victim's Economic Security and Safety Leave This policy is to provide employees with leave benefits, when needed, in accordance with the Victims' Economic Security and Safety Act (VESSA) effective August 25, 2003. Section 4.21.1 Coverage and Eligibility Any employee who has been subjected to domestic or sexual violence shall be provided leave during work hours for any of the following: • To seek medical attention for, or recover from, physical or psychological injuries; • To obtain services from victim service organizations; • To obtain psychological or other counseling; • To participate in safety planning, to temporarily or permanently relocate, or to take other actions to increase safety from future domestic or sexual violence; • To seek legal assistance or remedies to ensure health and safety, including preparing for or participating in any civil or criminal legal proceeding. Employees may also take such leave to help a family/household member who is a victim of domestic or sexual violence. - 72 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Section 4.21.2 Notification and Verification Qualifying employees must notify the Human Resources Manager as soon as possible when requesting time off. While verification is required, the Human Resources Manager will take every precaution to see that all information is kept as confidential as possible. Verification will consist of one of the following: • A sworn statement by the employee; and documentation from an agent of victim services, an attorney, or other professional from whom the employee or their family/household member has sought assistance; • A police or court record; • Other corroborating evidence. Section 4.21.3 Time Allowed Employees are entitled to a maximum of twelve (12) weeks unpaid leave during any rolling 12- month period, provided, where practicable, notice has been given at least forty-eight (48) hours in advance. Section 4.21.4 Substitution of Paid Leave Employees will be required to substitute personal days and/or vacation and/or FMLA leave. This leave is not intended to confer a right to leave beyond the twelve (12) weeks of FMLA. Section 4.21.5 Job Protection Employees who take leave under this policy are entitled to be restored to the same or equivalent position upon their return, however, seniority and other benefits will not continue to accrue during any unpaid leave. Employees are also entitled to continue health insurance on the same terms and conditions as if the employee remained continuously employed. If an employee fails to return from leave, the City shall recover any and all premium contributions provided by the City during the leave period. This policy is intended to be an overview of the VESSA and its key features. To the extent that this policy could be read inconsistently with the VESSA, the Act and its rules shall supersede. Section 4.22 Blood and Organ Donation Leave Section 4.22.1 Blood Donation Employees who donate blood will be entitled to up to one (1) hour of paid time off for the purposes of blood donation and two (2) hours for blood platelets donation. This is allowed every 56 days, in accordance with appropriate medical standards established by the American Red Cross, America's Blood Centers, the American Association of Blood Banks, or other nationally recognized standards. - 73 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL An employee must obtain written approval from their supervisor, by submitting a request for leave form(Appendix K), no less than five (5) working days prior to using such time. Donations must be scheduled at the start or end of the employee's workday. Upon return to work, the employee must provide documentation substantiating the blood donation in order to be paid for this time. This time will not be considered in calculating overtime pay. Section 4.22.2 Organ Donation Employees will be entitled to up to thirty (30) calendar days of paid organ donation leave in any 12-month period to serve as a bone marrow or organ donor. Time off for organ donation will be designated as Family Medical Leave and the proper forms and documentation are required to be completed prior to the leave. An employee must obtain written approval from his/her supervisor, by submitting a request for leave form, no less than 10 working days prior to using organ donation leave time. Section 4.23 School Conference and Activity Leave Employees are eligible for up to 8 hours during any school year, and no more than 4 hours of which may be taken on any given day, to attend school conferences or classroom activities related to the employee's child if the conference or activity cannot be scheduled during non-work hours. Section 4.23.1 Eligibility Requirement An employee may take this unpaid leave only if they have exhausted all accrued vacation leave, personal leave, compensatory leave and any other leave that may be granted to the employee except sick leave and disability leave. Section 4.23.2 Notice Provisions The employee shall provide a written request for leave at least 7 days in advance of the time the employee intends to utilize the leave. In emergency situations, no more than 24 hours notice shall be required. The employee must consult with the employer to schedule the leave so as not to disrupt unduly the operations of the employer. Section 4.24 Disability Leave Employees are presently covered by two (2) separate disability plans. These are IMRF and the Police Pension Fund. Employees are subject to the regulations governing disability benefits in each of their respective plans. Section 4.24.1 Disability -Non Work-Related Section 4.24.1.1 Less than One (1) Year's Employment - 74 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL If an employee who is employed by the City for less than one (1) year becomes disabled as a result of an injury or illness not arising out of or in the course of his/her employment with the City, he/she is not eligible to receive worker's compensation benefits. An employee may remain an active employee for a period of up to three (3) months from the date the individual was disabled. Upon the expiration of such period, the employee may be considered permanently separated from employment. Any unused sick and vacation leave time due the employee will be administered in accordance with City policy in effect at that time. Insurance coverage will be provided in accordance with the COBRA policy for full-time employees. Section 4.24.1.2 More Than One (1) Year's Employment If an employee who is employed by the City for more than one (1) year becomes disabled as a result of an injury or illness not arising out of or in the course of his/her employment with the City, he/she is not eligible to receive worker's compensation benefits. An employee may remain an active employee for a period of up to six (6) months from the date the individual was disabled. Upon the expiration of such period, the employee may be considered permanently separated from employment. Any unused sick and vacation leave time due the employee will be administered in accordance with City policy in effect at that time. Insurance coverage will be provided in accordance with the COBRA policy for full-time employees. Section 4.24.2 Disability—Work-related Section 4.24.2.1 Less than One (1) Year's Employment If an employee who is employed by the City for less than one (1) year becomes disabled as a result of an injury or illness arising out of or in the course of employment with the City, he/she may be eligible to receive worker's compensation benefits. If he/she is unable to perform the duties of his/her assigned position after a period of thirty (30) consecutive days from the first date of his/her disability, he/she may be separated from the active payroll. Any unused sick and vacation leave time due the employee will be administered in accordance with City policy in effect at that time. Insurance coverage will be provided in accordance with COBRA policy for full-time employees. Section 4.24.2.2 More than One (1) Year's Employment If an employee who is employed by the City for more than one (1) year becomes disabled as a result of an injury or illness arising out of or in the course of employment with the City, he/she may be eligible to receive worker's compensation benefits. If he/she is unable to perform the duties of his/her assigned position for a period of one (1) consecutive year from the first date of his/her disability, he/she may be separated from the active payroll. Any unused sick and vacation leave time due the employee will be administered in accordance with City policy in - 75 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL effect at that time. Insurance coverage will be provided in accordance with COBRA policy for full-time employees. An employee, while on a work-related disability, continues to accrue service time for certain purposes, as provided under Illinois law. However, the employee does not accrue sick and/or vacation leave time during such period. Insurance coverage will be provided for full-time employees. Employees who are on a job-related disability will continue to accrue service credit under any retirement or disability plan or program only to the extent provided in such plan or program. Section 4.25 Family and Medical Leave Section 4.25.1 General Statement It is the policy of the United City of Yorkville (the "City) to provide up to twelve (12) weeks of unpaid family and medical leave during a 12-month period to eligible employees in accordance with the Family and Medical Leave Act of 1993 ("FMLA"). The 12-month period is measured using a rolling backward year. Section 4.25.2 Eligibility In order to qualify to take family and medical leave under this policy, an employee must have worked for the city for at least twelve (12) months and at least 1,250 hours during the twelve (12) month period immediately before the date when the leave would begin. Section 4.25.3 Reasons for Leave A leave of up to twelve (12) weeks may be requested for any of the following reasons: 1. The birth of a child and to care for the newborn child within one year of birth; 2. The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; 3. To care for the employee's spouse, child, or parent who has a serious health condition; 4. A serious health condition that makes the employee unable to perform the essential functions of his or her job. 5. Because of any"qualifying exigency" (as defined by the Secretary of Labor) arising out of the fact that an employee's spouse, child, or parent is deployed on active duty in a foreign country (or has been notified of an impending call or order to active duty) in the Armed Forces. - 76 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL A leave of up to twenty-six (26) weeks may be requested to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember's spouse, son, daughter, parent, or next of kin (military caregiver leave). Spouses both employed by the City who request Child Care Leave or leave to care for an ill parent may only take combined aggregate total of twelve (12)weeks during any 12-month period. Employees will not be granted an FMLA leave to gain employment or work elsewhere, including self-employment. Employees who misrepresent facts in order to be granted an FMLA leave will be subject to immediate termination. Section 4.25.3.1 Serious Health Condition For purposes of this policy, "serious health condition" means an illness, injury, impairment or physical or mental condition that involves one of the following: a. Hospital Care. Inpatient care in a hospital, hospice or residential medical care facility, including any period of incapacity relating to the same condition; b. Absence Plus Treatment. A period of incapacity of more than three full consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves either: (1)treatment two (2) or more times (within 30 days and provided the first visit takes place within seven (7) days of the first day of incapacity) by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services under orders of, or on referral by, a health care provider; or (2) treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider (first visit to health care provider must take place within seven (7) days of the first day of incapacity); C. Pre ngancy. Any period of incapacity due to pregnancy, or for prenatal care; d. Chronic Conditions Requiring Treatment. A chronic condition which: requires at least two (2) periodic visits for treatment per year by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider; which condition continues over an extended period of time; and may cause episodic rather than a continuing period of incapacity; e. Permanent/Long-term Conditions Requiring Supervision. A period of incapacity which is permanent or long-term due to a condition for which treatment may be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider; f. Multiple Treatments (non-chronic conditions). Any period of incapacity to receive multiple treatment (including any period of recovery therefrom) by a - 77 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three (3) full consecutive calendar days in the absence of medical intervention or treatment. Section 4.25.3.2 Qualifying Exigency Leave If you are an eligible employee (as defined above), you are entitled to take up to twelve (12) weeks of unpaid FMLA leave for any qualifying exigency arising out of the fact that a covered military member is on active duty or called to active duty status. The leave described in this paragraph is available during a 12-month rolling period, and may be taken on an intermittent or reduced leave schedule basis. You will be required to provide a copy of the covered military member's active duty orders or other documentation issued by the military that indicates that the military member is on active duty or is called to active duty status in a foreign country and the dates of the covered military member's active duty service. Eligible employees may take all twelve (12) weeks of his/her FMLA leave entitlement as qualifying exigency leave or the employee may take a combination of twelve (12) weeks of leave for both qualifying exigency leave and leave for a serious health condition (as defined above). With respect to a Qualifying Exigency Leave: a. A "covered military member" means your spouse, son, daughter, or parent who is on active duty or called to active duty status in any foreign country in any of the Armed Forces, including a member of the National Guard or Reserves. b. A "qualifying exigency" includes the following broad categories: (a) short notice deployment; (b) military events and related activities; (c) childcare and school activities; (d) financial and legal arrangements; (e) counseling; (f)rest and recuperation; (g)post deployment activities, including reintegration activities, for a period of 90 days following the termination of active duty status; and, (h) additional categories that are agreed to by the employer and employee within this phrase. C. The phrase "son or daughter" is defined as your biological, adopted, or foster child, stepchild, legal ward, or child for whom you stood in loco parentis, of any age for qualifying exigency leave, who is on active duty or called to active duty status who is of any age. (Note: This definition is different from other sections of this FMLA policy). d. A "parent" means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to you when you were a son or daughter but it does not included"parents in law". Section 4.25.3.3 Military Caregiver Leave If you have been employed by the City for at least twelve (12) months and have worked at least 1,250 hours during the 12-month period preceding the start of the leave, and you work at - 78 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL or report to a work site which has fifty (50) or more City employees within a 75-mile radius of that work site, and you are a spouse, child (of any age for military caregiver leave), parent or next of kin of a Covered Servicemember, as defined below, you are entitled to a total of twenty- six (26) workweeks of unpaid leave during a single 12-month period to care for the Covered Servicemember (including twelve (12) workweeks for any other FMLA qualifying reason). The leave described in this paragraph shall only be available during a single 12-month period beginning as of the date the leave commences and ending 12 months after that date (and any unused amounts are forfeited). Military Caregiver Leave may be permitted more than once if necessary to care for a different Covered Servicemember (or the same Servicemember with multiple or subsequent injuries or illnesses) up to a combined total of twenty six (26) workweeks in a twelve (12) month period. However, your total available leave time in any single 12-month period generally may not exceed a combined total of twenty-six (26) workweeks (including FMLA time off taken for any other reason); except as provided under the FMLA regulations. You will be required to timely submit the completed paperwork provided to you and available from our Human Resources Department as a condition of receiving approved Military Caregiver Leave; except as provided under the FMLA regulations. NOTE: the 12 month computation period for this type of leave differs from the other types of FMLA leave. With respect to Military Caregiver FMLA Leave: a. A "Covered Servicemember" means a member of the Armed Forces, including a member of the National Guard or Reserves, who (i) is undergoing medical treatment, recuperation, or therapy, (ii) is otherwise in outpatient status, or (iii) is otherwise on the temporary disability retired list, for a serious injury or illness; or is a veteran (discharged for other than "dishonorable" reasons) who was on active duty at some point in the five (5) year period prior to the date when the medical treatment, recuperation or therapy for a serious injury or illness that necessitates the Caregiver's leave). b. "Outpatient status"means the status of a member of the Armed Forces assigned to a military medical treatment facility as an outpatient or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. C. "Next of kin" means the nearest blood relative of that individual (regardless of age) other than an employee's spouse, son or daughter. You are required to provide confirmation of the relationship upon request. The Servicemember may designate the blood relative who is considered his/her next of kin; otherwise, the following order generally will apply: blood relatives granted custody by law, brother/sister, grandparents, aunts/uncles, and then first cousins. d. "Serious injury or illness" means an injury or illness incurred by the Servicemember in the line of duty on active duty in the Armed Forces (or existed before the beginning of the Servicemember's active duty and was aggravated by service in the line of duty) that (i) may render the Servicemember medically unfit to perform the duties of the member's office, grade, rank or rating, or (ii) in the - 79 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL case of a veteran Servicemember, that manifests itself before or after the member became a veteran. Section 4.25.4 Leave is Unpaid FMLA leave is generally unpaid leave. If an employee requests Child Care or Family Medical Leave, any accrued paid vacation and personal time must first be substituted and used for unpaid FMLA leave. If an employee requests Employee Medical Leave, any accrued paid vacation, personal and applicable sick leave must first be substituted and used for any unpaid FMLA leave. The substitution of paid leave time for unpaid leave time or use of short-term disability does not extend the 12-week leave period. Employee Medical Leave will also run concurrently with leave taken under the City's disability leave policy and workers' compensation leave, if taken for an FMLA qualifying serious health condition. If an employee takes vacation time/sick leave using salary continuation for a condition that constitutes or progresses into a serious health condition, the City may designate all or some portion of such leave as under this policy, to the extent that the paid leave meets the necessary qualifications. Section 4.25.5 Notice of Leave If an employee's need for FMLA leave is foreseeable, the employee must give the City at least thirty (30) days prior written notice. Failure to provide such notice may be grounds for delay of leave. Where the need for leave is not foreseeable, the employee is expected to notify the City as soon as practicable, generally within one to two business days of learning of the employee's need for leave. A request must be made in writing on the City's forms (Appendix K), available in personnel. You must respond to our questions relative to your leave request so that we can determine if the leave qualifies for FMLA protection; failure to do so may result in loss or delay of FMLA protections. If you are seeking leave due to an FMLA-qualifying reason for which the City has previously granted you FMLA-protected leave, you must specifically reference the qualifying reason or need for FMLA leave at the time of your request to be away from work. It is not sufficient to simply "call in sick" without providing additional information which would provide the City with reasonable cause to believe your absence/time away from work may qualify as an FMLA qualifying event. In all cases in which you are seeking leave under this policy, you shall provide such notice to the City consistent with the City's established call-in procedures so long as no unusual circumstances prevent you from doing so. Failure to comply with the call-in procedures may result in a delay or denial of FMLA protected leave. You must make an effort to schedule a leave so as not to disrupt business operations. During the leave, you may be required to report periodically on your status and your intention to return to work. Any extension of time for your leave of absence must be requested in writing prior to your scheduled date of return to work, together with written documentation to support the extension. Your failure to either return to work on the scheduled date of return or to apply in writing for an extension prior to that date will be considered to be a resignation of employment effective as of the last date of the approved leave. Employees on leaves for their own serious health condition must provide fitness-for-duty releases from their health care provider before they will be permitted to return to work. Your maximum time on a leave of absence, all types combined, and including all extensions, cannot exceed a total of twelve (12) weeks in a rolling twelve month period, unless you are a spouse, child, parent, or next of kin on leave to - 80 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL care for a Covered Servicemember, in which case your leave can last for up to twenty-six (26) workweeks in a single twelve (12) month period (unless legally required otherwise). An Employee shall not be granted a leave of absence for the purpose of seeking or taking employment elsewhere or operating a private business. Unauthorized work while on a leave of absence will result in disciplinary action, up to and including discharge. A leave of absence will not affect the continuity of your employment. Your original date of employment remains the same for seniority purposes. However, you will not accrue any benefits during the period you are on a leave. Section 4.25.6 Medical Certification If an employee is requesting Employee Medical or Family Medical Leave the employee and the relevant health care provider must supply appropriate medical certification. The City will supply all employees with medical certification forms. The medical certification must be provided within fifteen (15) days after it is requested, or as soon as reasonable under the circumstances. Failure to provide requested medical certification in a timely manner may result in denial of leave until it is provided. In its discretion and at its own expense, the City may require a second medical opinion, and if the first and second opinions differ, a third medical opinion. The third opinion will be provided by a health care provider approved jointly by the employee and the City and will be binding. The City may also require recertification periodically during a leave, and employees will be required to present a fitness-for-duty certificate upon return to work following an employee medical leave. Section 4.25.7 Medical and Other Benefits During an FMLA leave, the City will maintain the employee's health benefits on the same conditions as if the employee had continued working. If paid leave is substituted for unpaid FMLA leave, the City will deduct the employee's portion of the health plan premium as a regular payroll deduction. If the FMLA leave is unpaid, the employee must make arrangements with the City to pay his/her portion of the premium. Group health care coverage will cease if the employee's premium payment is more than thirty (30) days late, but the employee will be notified at least fifteen (15) days before coverage lapses. Additionally, if the employee fails to return from leave, the City will require repayment of any premium that was paid for maintaining the health coverage for the employee, unless the employee does not return because of a continuing or recurring serious health condition of either the employee or a covered member, or because of other circumstances beyond the employee's control. Employees are not entitled to other benefits or seniority accrual during the FMLA leave. Any changes in benefit plan provisions and costs may apply to individuals on FMLA leave the same as if they were actively employed, according to the terms of the applicable plan. Section 4.25.8 Returning from Leave Employees who return to work from FMLA within or on the business day following expiration of the twelve (12) weeks are entitled to return to his or her same position or to an equivalent position with equal benefits, pay or other terms and conditions of employment. The City may choose to exempt certain highly compensated ("key") employees from this requirement and not return them to the same or - 81 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL similar position. Of course, you have no greater right to reinstatement or to other benefits and conditions of employment than if you had been continuously employed during the FMLA leave period. In determining whether a position is "equivalent" we would look at whether the position had substantially similar terms and conditions of employment and whether the position entails similar duties, skills, efforts, responsibilities, authority, privileges and status. If your leave was due to your own serious health condition, you will be required to provide medical certification that you are fit to resume work. Employees failing to provide the Return to Work Medical Certification Form will not be permitted to resume work until it is provided. Section 4.25.9 Reporting While on Leave The City may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. Section 4.25.10 Intermittent and Reduced Schedule Leave FMLA leave because of a serious health condition may be taken intermittently (in separate blocks of time due to a single covered health condition) or on a reduced work schedule (reducing the usual number of hours an employee works per work week or workday) if medically necessary. If FMLA leave is unpaid, the City will reduce the employee's salary based on the amount of time actually worked. In addition, while the employee is on intermittent or reduced schedule FMLA leave, the city may temporarily transfer the employee to an available alternative position that better accommodates the employee recurring leave and which has equivalent pay and benefits. Section 4.25.11 Policy Administration This policy is intended to comply with and will be administered in accordance with the Family and Medical Leave Act of 1993, as amended, and any applicable regulations, definitions and law there under, as well as any state family or medical leave laws granting additional rights that are applicable to employees employed in Illinois. Section 4.25.12 Interrelation of Leaves Any leave taken pursuant to this policy, other City policies, a collective bargaining agreement, or law which qualifies as leave under the FMLA or any applicable state family or medical leave act, will be counted against the employee's available leave under the applicable City policies, collective bargaining, and/or law, as well as the available leave under the FMLA or applicable state law, to the extent permitted by such applicable law. Section 4.25.13 Anti-Retaliation Provisions Be assured that no retaliation will be taken or tolerated against any employee who exercises his/her rights under our FMLA policy. If you feel that you have been the victim of any discrimination or retaliation under this Policy, you are encouraged to contact the Human Resources Manager so that the matter can be promptly investigated and remedied as appropriate - 82 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Section 4.25.14 FMLA Forms Forms to be used in conjunction with requesting to use FMLA time are attached to this manual as Appendix K. Section 4.26 Benefits While on Leave Time spent on extended unpaid leaves of absence may not be counted as creditable service for pension purposes. Further, if an employee goes on an approved, unpaid leave of absence for a period in excess of thirty (30) calendar days and wishes to continue to be covered by the City's health or life insurance, he or she will be responsible for payment of the total monthly insurance premiums unless otherwise provided by law. It is the policy of the City not to request the City Council to grant IMRF Pension Credit and Death and Disability Protection Leave Authorization for an employee going on unpaid discretionary leave of absence. Upon return, the City will place the employee in his or her previous assignment, if vacant, the employee will be placed in the first available assignment according to the employee's seniority, where skill and ability to perform the work without additional training is equal. If, upon the expiration of a leave of absence, there is no work available for the employee or if the employee could have been laid off according to his seniority except for his leave, he shall go directly on layoff. Employees will maintain their employment status and previously accrued benefits while on approved paid leave. Except where otherwise noted, employees will continue to accrue benefits during the time they are on approved paid leave from City service. Unless otherwise stated or otherwise required by law, length of service shall not accrue for an employee who is on an approved non-paid leave status. Accumulated length of service shall remain in place during that leave and shall begin to accrue again when the employee returns to work on a pay status. Unless otherwise stated, an employee returning from leave will have his seniority continued after the period of the leave. - 83 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL SECTION 5 SEPARATION Section 5.1 Termination An employee may be terminated only by the Mayor, following a recommendation by the Department Head and the Human Resources Manager to the City Administrator. The Department Head shall consult with the Human Resources Manager prior to such action to assure proper and complete documentation is on hand and to forward copies of such documentation to Human Resources at that time. A full-time employee who is terminated will be paid for all unused vacation leave at the time of termination. The employee shall receive his final check on the first pay date following the date of his termination. Section 5.2 Employee Termination and Exit Process Section 5.2.1 Service Retirement This is voluntary termination after having satisfied the age and length of employment requirements of the applicable state retirement system. The employee must receive retirement wages upon termination to be considered as retired. Section 5.2.2 Disability Resignation This is voluntary termination necessitated by an injury or illness, which renders the employee incapable of performing his/her usual job with or without a reasonable accommodation. The termination is preceded by a memo/letter by the employee to his/her supervisor advising of the disability ruling, date of termination, supporting documentation, and a ruling by the appropriate Board or Industrial Insurance Division verifying the disability and approving the resignation. Section 5.2.3 Employee-Initiated Resignation This is voluntary termination for any reason other than formal retirement. A non-exempt employee wanting to leave the City in good standing shall provide a written resignation to his/her immediate supervisor at least fourteen (14) calendar days prior to the effective date of resignation. An exempt employee is required to notify the immediate supervisor at least thirty(30) calendar days prior to the effective date of resignation to leave the City in good standing. The resignation letter should include the reason for leaving, as well as the proposed effective date. Notice is understood to mean that the resigning employee will be available for work during this time so as to aid in the training of a replacement. Failure to provide proper notice may result in a forfeit of accumulated sick leave time. Exceptions to the time limit requirement may be granted by the Department Head and Human Resources Manager. Section 5.2.4 Probationary Termination - 84 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL This is termination of an employee during the established introductory period, usually for the inability to meet position/department requirements. A probationary termination occurs only after the supervisor's consultation with the Human Resources Manager, and must be reviewed by the City Administrator and approved by the Mayor. Section 5.2.5 Layoff A reduction in work force is accomplished in accordance with labor contracts and civil service rules; however, work schedules should be planned to keep periodic or recurring layoffs to a minimum. In layoff, recall and filling regular job vacancies, the City shall give equal consideration to an employee's ability and performance of the duties required in the job, and consideration to an employee's length of continuous service with the City in the classification. In applying this provision, where qualifications, experience and performance are equal, seniority shall govern. Every effort will be made for transfers to other departments when a position is open for which the employee qualifies. The City shall provide an employee with at least two (2) weeks advance notification prior to layoff, except in case of emergency. Severance pay may be offered at the discretion of the Mayor with input from the City Council. An employee on layoff must keep the City informed of the address and telephone number where he/she can be contacted. If the City is unable to contact the employee within seven(7) calendar days, the City's obligation to recall the employee shall cease. The City shall have no obligation to recall an employee after he/she has been on continuous layoff for a period which exceeds one (1) year. Should an employee not return to work when recalled, the City shall have no further obligation to recall him/her. Section 5.2.6 Exit Interview Human Resources will schedule an exit interview with the employee on his/her last day of employment. Temporary employees do not participate in the exit interview process unless information can be gained which will improve or enhance present employment conditions. Human Resources will review the following with the employee where applicable: • COBRA insurance; • IMRF withdrawal form; • vacation, sick, and compensatory time pay due; • partial pay for exempt employees; • flexible spending plan; • tuition reimbursement; • items to be returned to the City; • terminating or extending other benefits (for example, supplemental life insurance) The employee should also turn in his City ID card and any City building keys at this time. Human Resources will then conduct the actual exit interview. The information collected in the interview is used - 85 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL to monitor employee morale and correct problems, if necessary. Typical questions asked in the interview include: 1. What did you like best/least about working for the City? 2. What did you like best/least about your position? 3. Were you satisfied with the working relationship you had with your supervisor? 4. How would you improve department or City procedures to make this a better place to work? 5. Would you recommend the City to friends and/or relatives as a place to work? 6. Why are you leaving the City? 7. Do you have any other comments or suggestions? Special questions may also be developed by the Human Resources Manager and/or Department Head for the exit interview. Copies of the completed exit interview will be distributed to the appropriate Department Head and the City Administrator. Employees shall receive pay for work performed through the last hour worked and for unused benefits as stipulated by policy and laws governing such payments. Termination pay shall be reduced by any authorized legal deductions, authorized pension plan, credit union, tax-sheltered annuity, union dues and any other amounts specifically agreed upon in writing by the employee and the City. Section 5.2.7 Termination Date The official date of termination will be the last day the employee reports for work. Section 5.2.8 Continuation of Benefits Benefits continue through the time actually worked by the employee. Section 5.2.8.1 Continuation of Benefits for Retirees Retirees may elect to continue participation in the City's group health, dental, and vision insurance plans. To take advantage of this benefit, a retiree must have 8 years or more of creditable service under the Illinois Municipal Retirement Fund and be eligible to immediately receive a pension or have 20 years or more of creditable service under the Police Pension program. The retiree must accept or reject the plan at the time of retirement and may not join at a later date. Acceptance must be shown by written consent within 15 days of receiving the notice from the City that the plan may be continued as provided for in the Illinois Insurance Code. The Plan will be extended to the retiree and only to those dependents covered prior to the time of retirement of the City employee. The retiree will pay the entire premium as established by the insurance carrier, and the City will administer the plan. Failure to pay premiums will result in termination from the plan. Once the - 86 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL retiree or any of his dependents leaves or is terminated from the plan, the insurance is not renewable. When a retiree becomes eligible for Medicare, the plan provides for a reduction in benefits and premium. The spouse of a deceased employee is eligible to continue on the plan until his or her death or remarriage under normal plan provisions. In the case of dependents, they may remain covered following normal plan provisions. The provisions of the Public Safety Employee Benefits Act, 820 ILCS 320/1, et seq., shall apply to those employees who are full-time police officers killed or catastrophically injured in the line of duty. Section 5.2.9 Pension Contribution Refunds For those employees who are not retiring, moneys accumulated in the employee's retirement account are refundable; however, employees should check with their pension plan about the advantages and disadvantages before making a decision. Forms required to request this refund are available in the Human Resources Division. Section 5.2.10 Unemployment Compensation All claims for unemployment compensation as filed by a terminating employee shall be processed by the Human Resources Manager and the Finance Department. Requests for information about unemployment compensation should be forwarded to the Human Resources Manger immediately to avoid unauthorized charges against the City's account. Section 5.3 Use of Paid Time Paid time (e.g. personal days, vacation days, compensatory time) or time off for all employees may not be used during the last two (2) weeks of employment unless approved by Human Resources. Section 5.4 Vacation Pay-Out at Termination Upon termination of employment, employees shall receive prorated accumulated vacation pay on the basis of 1/12 for each full month worked past the employee's appointment date, based upon the employee's vacation time determined by length of employment. Section 5.5 Sick Pay-Out at Termination An employee who is eligible upon separation to collect a retirement pension under IMRF or the Police Pension Fund, who leaves the City's employment [through retirement, a reduction in force, or voluntary resignation] and has been employed by the City for more than twenty (20) years shall be paid for all unused sick leave at fifty (50%) of his regular rate of pay for all accumulated and unused sick leave up to 960 hours. - 87 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Section 5.6 Medical/Dental Continuation Plan (COBRA) Under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), all employers, including state and local governments, are required to extend continuing health care coverage to employees and their dependents following termination, a reduction in hours (full-time to part-time), retirement, divorce or death. If an employee terminates employment for any reason, other than gross misconduct, or reduces hours and such employee was covered under the City's Group Insurance Plan on the day preceding termination or reduction, then such employee may continue medical/dental coverage for himself/herself and any eligible dependents who were also covered during such time by making payment for the cost of such coverage. Section 5.6.1 Eligibility Requirements Individuals eligible for continuation or coverage include an employee and his/her covered dependents whose coverage would otherwise terminate due to: 1. Termination of employment for any reason other than gross misconduct; 2. Reduction of hours worked by the employee; 3. Retirement, but only if the employee's coverage under the City's plan terminated on the date of his/her retirement; 4. An employee's spouse and dependents upon the death of a covered employee, divorce or legal separation; 5. The covered employee becoming entitled to benefits under Medicare, but only if at that time the employee's coverage and the employee's dependents coverage under the City's group health plan terminates; 6. A dependent child when he/she no longer qualifies as a dependent under the City's group health plan. Any of these individuals who are eligible for continuation of coverage shall be referred to as the "COBRA Applicant." Section 5.6.2 End of COBRA Coverage The coverage of the COBRA Applicant will end on the earliest of the following dates: 1. The date on which the COBRA Applicant becomes a covered employee under any other group health plan; 2. The date on which the COBRA Applicant becomes eligible for coverage under Medicare. In this case, any eligible dependents of the COBRA Applicant will, subject to payment of the required premium, be entitled to their COBRA health continuation for the remainder of the period; 3. The date on which the City's plan terminates; 4. The date which is: • Eighteen (18) months after the date on which the employee, as the COBRA Applicant, becomes eligible for the COBRA health continuation; or - 88 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL • Thirty-six (36) months after the date on which the widowed spouse, the former spouse, the legally separated spouse, or a dependent child, as a COBRA Applicant, becomes eligible for the COBRA health continuation. If a person's COBRA health continuation ends at the end of the maximum period (i.e., eighteen (18) months or thirty-six (3 6) months), such person will be eligible for any health conversion coverage that is available under the group health plan. Section 5.7 Re-Employment Any former regular employee who resigned from the City in good standing or who was laid off as part of a reduction in work force is eligible for re-employment. Persons interested in re-employment should file a completed city application with the Human Resources Division. The individual will then proceed through the regular hiring procedures with other applicants as described in the Hiring Policy in Section 6.3 of this manual. If this individual is re-hired, he/she must complete a pre-employment physical and drug test and a background check. An individual re-employed in his/her former position may be paid at the same pay rate at the time he/she left the City, provided however, that the re-employment is within one (1) year of the previous resignation; otherwise the individual will be paid in accordance with Human Resource policy. The compensation of an employee re-hired to a position other than the former position will be subject to provisions for new hires. Any individual who voluntarily resigns from full-time employment the City shall forfeit all seniority and accrued years of service. Should that individual become re-employed by the City all benefits for which the employee is eligible will be subject to the same provisions as a new hire and will coincide with the re-employment date. Any individual who is laid off from full-time employment and who later becomes re-employed by the City shall retain service credit for prior years worked. The City shall take into account previous service credit when calculating benefits for which the employee is eligible; however, future benefits will coincide with the re-employment date. All individuals re-employed by the City must complete a new introductory period. Section 5.8 References The City shall normally provide limited disclosures regarding former employees' work history, which shall be limited to: the dates of employment; descriptions of the jobs performed; salary or wage rates. However, if the former employee has signed an "Employment Reference Release Form" (Appendix L), additional information may be given. "Employment Reference Release Forms" outline what information relating to the former employee, the City will disclose and to whom it may be disclosed. Release forms may be obtained from the Human Resources Division. Signed "Employment Reference Release Forms" shall be maintained in the employee's personnel file in the Human Resources Office. - 89 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL SECTION 6 PERSONNEL PRACTICES Section 6.1 Equal Employment The United City of Yorkville has adopted an Equal Employment Policy as described in Resolution 93-18 (10-25-1993). It reads as follows with modified changes to be currently compliant with Federal, State, and Local laws: a. It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring and its contractual undertakings. It is the policy of the City to conform to all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act(42 USC §2000), and all State Civil Rights Legislation. b. No person shall, on the grounds of race, color, religion, sex, age, national origin, physical or mental disability, ancestry, marital or civil union status, sexual orientation, or veteran status (except those dishonorably discharged), all in accordance with applicable law or any other status protected by law be excluded from participation in or be subjected to discrimination in any program or activity funded in whole or in part by Federal funds. C. The City Administrator and Mayor shall oversee civil rights compliance. Section 6.2 Recruitment It is the policy of the United City of Yorkville to afford equal employment opportunity in all personnel practices to all qualified individuals without regard to race, color, religion, sex, sexual orientation, age, national origin, physical or mental disability, ancestry, marital or civil union status, or veteran status (except those dishonorably discharged), all in accordance with applicable law. Section 6.3 Hiring Policy Section 6.3.1 Applicability to other policies, regulations, and agreements Whenever the provisions of this policy are in conflict with state or federal law or regulations, or a collectively bargained agreement between the City and a certified bargaining unit, the provisions of the collective-bargained agreement and/or governmental law or regulation will prevail. Section 6.3.2 Approval to Recruit Personnel In order to recruit personnel for a job opening, the Department Head must have an approved job description and identified, approved funding in the annual operating budget. If both of these conditions are met, recruitment may begin at the budget designated point for new positions, or immediately for existing but vacant positions. - 90 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL If the position is not approved with the adoption of the annual operating budget, the requesting department must provide Human Resources with written justification as to the need, reasoning and financing of the new position. This information will be forwarded to the City Administrator for review and recommendation. The request will then be submitted for City Council consideration, with the City Administrator's recommendation attached. If an approved job description does not exist, the requesting department must follow the Job Description Creation Policy, as outlined in Section 6.5. Section 6.3.3 Job Posting Process For all job postings, an internal and external posting shall be completed. The following procedures for both postings shall apply: a. Internal: Applications and/or resumes must be submitted to Human Resources. Human Resources will announce the position opening to all City personnel via email and by posting notices on City Hall bulletin boards. City departments will be responsible for posting the position announcement to their respective departmental personnel to assess interest and qualifications of internal candidates. Announcements for internal postings will be open for a minimum of five (5) working days. b. External: Position opening will be announced by Human Resources, and will be open for a minimum of ten (10) working days. Applications and/or resumes must be submitted to Human Resources. Posting will be made available on City Hall bulletin boards and other means as Human Resources and the department heads decide to generate the best pool of qualified candidates. Announcements shall summarize the primary duties of the position, standards for consideration, compensation, and application deadline. c. For all hiring processes,no applications will be accepted after the closing date. Section 6.3.4 Selection Process Human Resources and the appropriate department head and/or supervisor will base the selection on the requirements and qualifications established for the position and the relevant work experience, technical knowledge, educational background, general aptitude, compatibility and personal and professional references of the candidates. Aside from the screening process, selection techniques may include oral interviews, reference checks, written examinations, post-offer medical examinations, physical agility tests, post-offer psychological evaluations, performance evaluations, assessment centers and other measures that are job related and reliable as a predictor of performance. Section 6.3.5 Job Offer - 91 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Upon selection of a final candidate, a salary offer will be made within the approved salary range for the position with review and approval by the City Administrator, except for salary offers made at the minimum of a range, which do not require City Administrator approval. Acceptance of the offer shall be documented via offer letter. All offer letters and acquisition of official employment status with the City shall be contingent upon satisfactory completion of a background check and drug and alcohol test, which shall be administered immediately after offer acceptance and completed prior to the starting date of the employee and proof of eligibility to work in the United States. Section 6.4 Job Description Creation Section 6.4.1 New Positions New job descriptions shall be reviewed and/or revised by Human Resources and reviewed and/or revised and approved or denied by the City Administrator and Mayor. For all new positions, department heads and supervisors are encouraged to contact Human Resources to assist in the first-draft of the job description. New position job descriptions shall be drafted in a format approved by Human Resources. The job descriptions shall be created with consideration for the position's role in the organizational hierarchy in the present and short-term and long-term future. Section 6.4.2 Existing positions All requests for amendments to an existing position's job description shall be reviewed and/or revised by Human Resources and reviewed and/or revised and approved or denied by the City Administrator and Mayor. No job description amendment to an existing position shall result in a salary range reclassification, as salary ranges are approved by City Council. Requests for amendments to job descriptions that substantially alter the position's roles and responsibilities, educational and experience requirements, FLSA status, positions supervised, or positions supervised by may be treated as new positions, and subject to Section 6.4.1. Section 6.5 Personnel Records Section 6.5.1 Maintenance of Records Human Resources shall maintain personnel records of each employee containing the employee's name, title, department, starting date, salary, change in employment status, training received, disciplinary actions, or other such information as may be considered pertinent. Medical records shall be filed separately from personnel records. Work/Salary histories will be maintained permanently. Section 6.5.2 Confidentiality All employee records shall be considered "CONFIDENTIAL" and shall not be released to outside parties except where consistent with the Illinois Personnel Record Review Act, 820 ILCS 40/01.01 et. seq., or as authorized by the individual employee, or as required by legal process. Section 6.5.2.1 Employee review of records - 92 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL An employee may request to review his or her personnel file, pursuant to the limitations set forth in the Illinois Personnel Record Review Act (820 ILCS 40/). The City shall grant employees at least 2 inspection requests in a calendar year. Section 6.5.3 Standardized forms Personnel evaluation,job performance and employment records shall be standardized by Human Resources, and will apply to all City personnel. Section 6.5.4 Notification process for Employment Status Changes With the promotion, demotion, or termination of employment of any employee, the appropriate Department Head must file a written notice of said action with Human Resources, the Finance Director, and the City Administrator, who will notify the Mayor. Section 6.6 Probationary Period A formalized six-month evaluation and probationary period are in effect for all newly hired and promoted employees. The supervisor of the newly hired or promoted employee shall furnish a performance evaluation report to their supervisor at the 90-day mark and at the end of the probationary period. Serious evaluation shall be made as to the employee's work record, attendance, compatibility, and any other aspect of job performance deemed necessary to insure the highest level of performance. Upon a satisfactory performance evaluation, the employee's probationary period shall be deemed complete, and the employee shall attain unencumbered full-time or part-time status. Upon an unsatisfactory performance evaluation, the employee may be transferred to a previous position or terminated by the Department Head with the concurrence of the City Administrator. - 93 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL APPENDIX A ACKNOWLEDGEMENT OF RECEIPT OF DRUG FREE WORKPLACE POLICY AND AGREEMENT TO ABIDE BY POLICY hereby acknowledge that I have received a copy of the United City of Yorkville's ("City") Drug Free Workplace Policy ("Policy"). In conjunction with my receiving a copy of the Policy, I further acknowledge the following: 1. I have read the Policy and fully understand the terms contained therein and the consequences for violating any term of the Policy. 2. 1 understand that my compliance with all terms of the Policy is a condition of my employment with the City, and I agree to abide by all terms of the Policy. 3. As applicable, if a post-accident drug and/or alcohol test is required under this Policy and I am seriously injured and unable to provide a specimen at the time of the accident, then this Acknowledgement shall be considered my authorization for the City to obtain hospital reports and other documents which would indicate whether there were any controlled substances and/or alcohol in my system. 4. I authorize the collection site, laboratory and/or medical review officer retained by the City to perform any and all functions which those entities and/or individuals may be required to perform pursuant to this Policy or applicable regulations. Such authorization shall include, but is not limited to, the release of test result information to the City, verification of the use of prescribed medications, obtaining information from the employee's physician, hospital, dentist or pharmacist and the reporting of negative test results with a qualifying statement in cases wherein an employee may be taking a legally prescribed drug. 5. I hereby release and hold harmless the City and its employees and agents from any liability whatsoever arising from the Policy. 6. The City reserves the right to amend or modify this Policy at any time. Employee's Signature Date - 94 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL APPENDIX B DRUG FREE WORKPLACE CONSENT TO TESTING (CURRENT EMPLOYEE) I, , acknowledge receiving written notice of the existence of the United City of Yorkville (the"City")Drug Free Workplace Policy(the "Policy"). As a condition of continued employment or service to the City, I understand and agree that I must not use buy, sell, accept as a gift, experiment with, traffic in or be otherwise involved with illicit or inappropriate drugs or alcohol when it could affect the safe performance of my job. I understand that the Policy does not apply to medication properly taken as prescribed by a licensed physician, except as provided by the Policy. I further understand and agree that I may be required to submit to testing for the detection of prohibited substances or alcohol based upon suspicion, following an on-the-job accident or injury, or following a violation of this policy. I understand, further, that refusal to submit to testing when requested to do so by a supervisor will result in discipline up to and including termination. My signature below indicates my understanding of this Policy and what is expected of me, my consent to be tested and my authorization to release to any collection site personnel, medical review officer or City representative the information necessary to comply with this Policy. Employee's Signature Date Witness' Signature Date - 95 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL APPENDIX C DRUG FREE WORKPLACE POST-OFFER CONSENT TO TESTING (APPLICANT) understand and acknowledge the following: After an offer of employment has been extended by the United City of Yorkville ("the City"), I must undergo a drug screen designed to identify whether or not I use illegal drugs. This drug screen will be administered by a clinic or lab selected by the City. All offers of employment with the United City of Yorkville are contingent on a negative drug test. Should a positive test result exist, my offer of employment will be automatically rescinded by the City, unless I submit documentation supporting the legitimate use for a specific drug or the specific drug that resulted in a positive determination. This documentation must be made either prior to or within 24 hours after the positive drug result is communicated to me. If I test positive, I may re-apply for employment with the City after a time period of twelve (12) months. I also understand and agree that should I refuse to consent to a test or test positive for the use of an illegal controlled substance, I will not commence work for the City and the job offer will be automatically rescinded. My employment is expressly conditioned on the successful passage of the pre- employment drug screen. In recognition of the requirements of the Americans with Disabilities Act (ADA), the City will not discriminate against any applicant who has successfully completed a drug or alcohol rehabilitation program. However, the ADA does not prevent the City from refusing to hire any applicant who tests positive for illicit drug use prior to employment. I authorize the collection site, laboratory and/or medical review officer retained by the City to perform any and all functions which those entities and/or individuals may be required to perform pursuant to this Policy or applicable regulations. Such authorization shall include, but is not limited to, the release of test result information to the City, verification of the use of prescribed medications, obtaining information from the applicant's physician, hospital, dentist or pharmacist and the reporting of negative test results with a qualifying statement in cases wherein an applicant may be taking a legally prescribed drug. - 96 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL I understand and agree my employment with the City, if any, is for no definite period of time and that the City may elect to discontinue my employment relationship for whatever reason it considers proper and at any time. I, likewise, may leave the City for whatever reason I consider proper and at any time. I hereby release and hold harmless the United City of Yorkville and its employees and agents from any liability whatsoever arising from this Policy. Applicant's Signature Date Witness' Signature Date - 97 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL APPENDIX D REQUEST FOR AUTHORIZATION OF OUTSIDE EMPLOYMENT Employee Name: Position: Department: Date of Request: PROPOSED OUTSIDE EMPLOYMENT NAME OF FIRM/EMPLOYER: ADDRESS: PHONE NUMBER: ( ) WORK LOCATION(S): TOTAL HOURS PROPOSED: PER WEEK: PER MONTH: DAYS&HOURS OF WORK: POSITION TITLE: Briefly describe the type of business or service provided: List tools,equipment,machines that you operate in performing the duties: Describe working conditions and potential hazards of work: The above statements are correct and accurate to the best of my knowledge.I believe the outside employment I am requesting is not incompatible, inconsistent, and hostile to or in conflict with my City employment. I understand that should these conditions change, I must immediately re-submit a request for authorization (should I wish to continue the outside employment activity.)I will advise the City immediately if I become injured or ill as a result of the outside employment. Employee's Signature: Date: TO BE COMPLETED BY THE SUPERVISOR/DEPARTMENT HEAD: ❑ Your request has been reviewed and is approved. ❑ Your request has been reviewed and is denied.The following is a brief explanation of the basis for this decision: Supervisor's Signature: Date: 98 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL APPENDIX E WORKERS' COMPENSATION EMPLOYEE INJURY- EMPLOYEE'S REPORT EMPLOYEE'S PERSONAL INFORMATION LAST NAME: FIRST NAME: MIDDLE INITIAL: STREET ADDRESS: CITY: STATE: ZIP: HOME PHONE: CELL PHONE: JOB TITLE: HIRE DATE: SUPERVISOR: INCIDENT INFORMATION DATE OF INJURY: TIME OF INJURY: DID YOU IMMEDIATELY REPORT IF YES,WHEN: (Date&Time): INJURY TO SUPERVISOR? IF YOU DID NOT IMMEDIATELY REPORT YOUR INJURY TO YOUR SUPERVISOR, PLEASE STATE REASON: LOCATION WHERE INJURY OCCURRED: DESCRIBE WHAT HAPPENED TO CAUSE YOUR INJURY: WHAT IS THE NATURE OF YOUR INJURY?(specifically,what parts of y our body have been injured): WITNESSES: YES NO NAME: PHONE: NAME: PHONE: NAME: PHONE: HAVE YOU PREVIOUSLY HAD A SIMILAR INJURY AND/OR INJURY TO THE SAME BODY PART(S)?PLEASE EXPLAIN. ADDITIONAL COMMENTS: EMPLOYEE'S SIGNATURE: DATE: SUPERVISOR'S SIGNATURE: DATE: HR MANAGER'S SIGNATURE: DATE: - 99 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL APPENDIX F WORKERS' COMPENSATION EMPLOYEE INJURY- SUPERVISOR'S REPORT NAME OF MUNICIPALITY: United City of Yorkville DEPARTMENT: EXACT LOCATION: DATE OF TIME: DATE REPORTED: OCCURANCE: EMPLOYEE NAME: JOB TITLE: NATURE OF INJURY: OBJECT/SUBSTANCE INFLICTING INJURY: DESCRIPTION DESCRIBE CLEARLY HOW THE INCIDENT OCCURRED. WITNESSES(Name&Phone#). ANALYSIS WHAT ACTS/FAILURE TO ACT AND/OR CONDITIONS CONTRIBUTED MOST DIRECTLY TO THIS INCIDENT? WHAT ARE THE BASIC OR FUNDAMENTAL REASONS FOR THE EXISTENCE OF THESE ACTS AND/OR CONDITIONS? PREVENTION WHAT ACTION HAS OR WILL BE TAKEN TO PREVENT RECURRENCE?(Number all items in sequence). INVESTIGATED BY: REVIEWED BY: DATE: DATE: - 100 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL APPENDIX G VEHICLE ACCIDENT REPORT INSTRUCTIONS: 1. Call 911. A police report is required to send to insurance. 2. Obtain insurance information from other driver. 3. Complete as much of this report as possible at the scene. 4. Report the accident to your supervisor immediately, even if the vehicle does not need immediate repair. DATE OF ACCIDENT: TIME: LOCATION: OUR INFORMATION DRIVERS NAME: DEPARTMENT: DRIVERS LICENSE NUMBER: STATE: EXPIRATION: VIN OF CITY VEHICLE: PLATE NUMBER: YEAR: MAKE: MODEL: DESCRIBE DAMAGE TO VEHICLE: THEIR INFORMATION VEHICLE OWNER'S NAME: PHONE NUMBER: ADDRESS: CITY: STATE: ZIP: INSURANCE COMPANY: CITY/STATE: POLICY NUMBER: INSURANCE AGENT: PHONE NUMBER: PLATE NUMBER: STATE: YEAR: MAKE: MODEL: DRIVER'S NAME: PHONE NUMBER: ADDRESS: CITY: STATE: ZIP: DRIVERS LICENSE NUMBER: STATE: EXPIRATION: DESCRIBE DAMAGE TO VEHICLE: - 101 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL ACCIDENT INFORMATION EXPLAIN WHAT HAPPENED: POLICE REPORT FILED? NO YES IF"YES", REPORT NUMBER: CITATIONS ISSUED? NO YES IF "YES", EXPLAIN: PERSONS INJURED NAME: ADDRESS: PHONE NUMBER: NAME: ADDRESS: PHONE NUMBER: NAME: ADDRESS: PHONE NUMBER: WITNESSES NAME: ADDRESS: PHONE NUMBER: NAME: ADDRESS: PHONE NUMBER: NAME: ADDRESS: PHONE NUMBER: EMPLOYEE'S SIGNATURE: DATE: SUPERVISOR'S SIGNATURE: DATE: - 102 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL APPENDIX H SUPERVISOR'S VEHICHLE ACCIDENT INVESTIGATION REPORT NAME OF MUNICIPALITY: United City of Yorkville DEPARTMENT: EXACT LOCATION: DATE OF TIME: DATE REPORTED: OCCURANCE: EMPLOYEE NAME: JOB TITLE: NATURE OF ACCIDENT/DAMAGE: OBJECT/SUBSTANCE CAUSING ACCIDENT/DAMAGE:: DESCRIPTION DESCRIBE CLEARLY HOW THE INCIDENT OCCURRED. ANALYSIS WHAT ACTS/FAILURE TO ACT AND/OR CONDITIONS CONTRIBUTED MOST DIRECTLY TO THIS INCIDENT? WHAT ARE THE BASIC OR FUNDAMENTAL REASONS FOR THE EXISTENCE OF THESE ACTS AND/OR CONDITIONS? PREVENTION WHAT ACTION HAS OR WILL BE TAKEN TO PREVENT RECURRENCE?(Number all items in sequence). INVESTIGATED BY: REVIEWED BY: DATE: DATE: - 103 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL APPENDIX I OFF-PREMISES TRAINING HOURS WORKED AGREEMENT Name of Employee: Name of Training Program: Program Sponsored by: Date(s) of Training: Location of Training: Employees will be compensated at their regular rate of pay for the following activities: 1. Classroom hours. 2. Travel time for training or courses outside the Chicago Metropolitan Area: a. As a driver. b. As a passenger if the trip is all on one day. c. As a passenger if the trip is overnight for travel during normal work hours. Hours of work authorized: (Employee's initials) (Department Head's initials) Employee acknowledgement: I have read this agreement, understand its contents and agree to comply with its stipulations. Employee Signature Date Department Head Signature Date Return completed agreement to Human Resources. - 104 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL APPENDIX J TIME OFF REQUEST FORM DATE: EMPLOYEE: DEPARTMENT: I would like to request the following time off: ❑ Vacation ❑ Floating Holiday ❑ Comp-Time ❑ Sick Time ❑ Bereavement Authorized Approval: Date: - 105 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL APPENDIX K FAMILY MEDICAL LEAVE ACT (FMLA) FORMS K-1: Notification to Employer of Need for Family Medical Leave K-2: Certification of Health Care Provider for Employee's Serious Health Condition K-3: Certification of Health Care Provider for Family Member's Serious Health Condition - 106 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Appendix K-1 NOTIFICATION TO EMPLOYER OF NEED FOR FAMILY MEDICAL LEAVE Return this form to Human Resources upon completion. Receipt of a Certification of Health Care Provider is required prior to approval of leave. EMPLOYEE: DEPARTMENT: DATES OF LEAVE: to start end REASON FOR LEAVE: the birth and care of the newborn child of the employee for placement with the employee of a son or daughter for adoption or foster care to care for an immediate family member(spouse, child, or parent) with a serious health condition to take medical leave when the employee is unable to work because of a serious health condition for a qualified emergency arising from a family member's active military duty LEAVE IS EXPECTED TO BE: Continuous Intermittent: Reduced Schedule: Employee Signature Date - 107 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Appendix K-2 Certification of Health Care Provider for U.S. Department of Labor Employee's Serious Health Condition Employment Standards Administration N (Family and Medical Leave Act) Wage and Hour Division OMB Control Number:1215-0181 Expires:1213l/2011 SECTION I: For Completion by the EMPLOYER INSTRUCTIONS to the EMPLOYER: The Family and Medical Leave Act(FMLA)provides that an employer may require an employee seeking FMLA protections because of a need for leave due to a serious health condition to submit a medical certification issued by the employee's health care provider. Please complete Section I before giving this form to your employee. Your response is voluntary.While you are not required to use this form,you may not ask the employee to provide more information than allowed under the FMLA regulations,29 C.F.R. §§ 825.306-825.308. Employers must generally maintain records and documents relating to medical certifications,recertification,or medical histories of employees created for FMLA purposes as confidential medical records in separate files/records from the usual personnel files and in accordance with 29 C.F.R. § 1630.14(c)(1),if the Americans with Disabilities Act applies. Employer name and contact: Employee's job title: Regular work schedule: Employee's essential job functions: Check if job description is attached: SECTION H: For Completion by the EMPLOYEE INSTRUCTIONS to the EMPLOYEE: Please complete Section 11 before giving this form to your medical provider. The FMLA permits an employer to require that you submit a timely, complete,and sufficient medical certification to support a request for FMLA leave due to your own serious health condition. If requested by your employer,your response is required to obtain or retain the benefit of FMLA protections. 29 U.S.C. §§2613, 2614(c)(3).Failure to provide a complete and sufficient medical certification may result in a denial of your FMLA request.20 C.F.R. § 825.313. Your employer must give you at least 15 calendar days to return this form.29 C.F.R. §825.305(b). Your name: First Middle Last SECTION III: For Completion by the HEALTH CARE PROVIDER INSTRUCTIONS to the HEALTHCARE PROVIDER: Your patient has requested leave under the FMLA. Answer,fully and completely, all applicable parts. Several questions seek a response as to the frequency or duration of a condition,treatment,etc. Your answer should be your best estimate based upon your medical knowledge, experience, and examination of the patient. Be as specific as you can,terms such as"lifetime," "unknown," or"indeterminate"may not be sufficient to determine FMLA coverage.Limit your responses to the condition for which the employee is seeking leave. Please be sure to sign the form on the last page. Provider's name and business address: Type of practice/Medical specialty: Telephone: Fax:( Page 1 CONTINUED ON NEXT PAGE Form WH-380-E Revised January 2009 — 108 — UNITED CITY OF YORKVILLE EMPLOYEE MANUAL PART A: MEDICAL FACTS 1. Approximate date condition commenced: Probable duration of condition: Mark below as applicable: Was the patient admitted for an overnight stay in a hospital,hospice, or residential medical care facility? No Yes. If so,dates of admission: Date(s)you treated the patient for condition: Will the patient need to have treatment visits at least twice per year due to the condition? No __Yes. Was medication, other than over-the-counter medication,prescribed? No Yes. Was the patient referred to other health care provider(s)for evaluation or treatment(e.a.,physical therapist)? No Yes. If so, state the nature of such treatments and expected duration of treatment: 2.Is the medical condition pregnancy? No Yes. If so, expected delivery date: 3.Use the information provided by the employer in Section I to answer this question. If the employer fails to provide a list of the employee's essential functions or a job description, answer these questions based upon the employee's own description of his/her job functions. Is the employee unable to perform any of his/her job functions due to the condition: No Yes. If so,identify the job functions the employee is unable to perform: 4. Describe other relevant medical facts,if any,related to the condition for which the employee seeks leave (such medical facts may include symptoms, diagnosis, or any regimen of continuing treatment such as the use of specialized equipment): Page 2 CONTINUED ON NEXT PAGE Form WH-380-E Revised January 2009 _ 109 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL PART B:AMOUNT OF LEAVE NEEDED 5. Will the employee be incapacitated for a single continuous period of time due to his/her medical condition, including any time for treatment and recovery? No __Yes. If so, estimate the beginning and ending dates for the period of incapacity: 6. Will the employee need to attend follow-up treatment appointments or work part-time or on a reduced schedule because of the employee's medical condition? No Yes. If so, are the treatments or the reduced number of hours of work medically necessary? No Yes. Estimate treatment schedule,if any, including the dates of any scheduled appointments and the time required for each appointment,including any recovery period: Estimate the part-time or reduced work schedule the employee needs,if any: hour(s)per day; _days per week from_ through 7. Will the condition cause episodic flare-ups periodically preventing the employee from performing his/her job functions? No Yes. Is it medically necessary for the employee to be absent from work during the flare-ups? _ No Yes. If so,explain: Based upon the patient's medical history and your knowledge of the medical condition, estimate the frequency of flare-ups and the duration of related incapacity that the patient may have over the next 6 months(e.g., 1 episode every 3 months lasting 1-2 days): Frequency: times per _week(s) month(s) Duration: _hours or__day(s)per episode ADDITIONAL INFORMATION: IDENTIFY QUESTION NUMBER WITH YOUR ADDITIONAL ANSWER. Page 3 CONTINUED ON NEXT PAGE Form WH-380-E Revised January 2009 — 110 — UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Signature of Health Care Provider Date PAPERWORK REDUCTION ACT NOTICE AND PUBLIC BURDEN STATEMENT If submitted,it is mandatory for employers to retain a copy of this disclosure in their records for three years.29 U.S.C. §2616;29 C.F.R. §825.500.Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. The Department of Labor estimates that it will take an average of 20 minutes for respondents to complete this collection of information,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. If you have any comments regarding this burden estimate or any other aspect of this collection information,including suggestions for reducing this burden,send them to the Administrator,Wage and Hour Division,U.S.Department of Labor,Room S-3502,200 Constitution Ave.,NW,Washington,DC 20210. DO NOT SEND COMPLETED FORM TO THE DEPARTMENT OF LABOR;RETURN TO THE PATIENT. Page 4 Form WH-380-E Revised January 2009 - 111 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Appendix K-3 Certification of Health Care Provider for U.S. Department of Labor© Family Member's Serious Health Condition Employment Standards Administration (Family and Medical Leave Act) wage and Hour Division s OMB Control Number:1215-0181 Expires:12;31/2011 SECTION I: For Completion by the EMPLOYER INSTRUCTIONS to the EMPLOYER: The Family and Medical Leave Act(FMLA)provides that an employer may require an employee seeking FMLA protections because of a need for leave to care for a covered family member with a serious health condition to submit a medical certification issued by the health care provider of the covered family member. Please complete Section I before giving this form to your employee. Your response is voluntary.While you are not required to use this form,you may not ask the employee to provide more information than allowed under the FMLA regulations,29 C.F.R. §§ 825.306-825.308. Employers must generally maintain records and documents relating to medical certifications,re certifications, or medical histories of employees' family members, created for FMLA purposes as confidential medical records in separate files/records from the usual personnel files and in accordance with 29 C.F.R. § 1630.14(c)(1),if the Americans with Disabilities Act applies. Employer name and contact: SECTION H: For Completion by the EMPLOYEE INSTRUCTIONS to the EMPLOYEE: Please complete Section II before giving this form to your family member or his/her medical provider. The FMLA permits an employer to require that you submit a timely, complete, and sufficient medical certification to support a request for FMLA leave to care for a covered family member with a serious health condition. If requested by your employer,your response is required to obtain or retain the benefit of FMLA protections. 29 U.S.C. §§ 2613, 2614(c)(3). Failure to provide a complete and sufficient medical certification may result in a denial of your FMLA request. 29 C.F.R. § 825.313. Your employer must give you at least 15 calendar days to return this form to your employer. 29 C.F.R. § 825.305. Your name: First Middle Last Name of family member for whom you will provide care: First Middle Last Relationship of family member to you: If family member is your son or daughter, date of birth: Describe care you will provide to your family member and estimate leave needed to provide care: Employee Signature Date Page 1 CONTINUED ON NEXT PAGE Form WI-380-F Revised January 2009 — 112 — UNITED CITY OF YORKVILLE EMPLOYEE MANUAL SECTION III: For Completion by the HEALTH CARE PROVIDER INSTRUCTIONS to the HEALTH CARE PROVIDER: The employee listed above has requested leave under the FMLA to care for your patient. Answer,fully and completely, all applicable parts below. Several questions seek a response as to the frequency or duration of a condition, treatment, etc. Your answer should be your best estimate based upon your medical knowledge, experience,and examination of the patient. Be as specific as you can;terms such as"lifetime," "unknown," or"indeterminate"may not be sufficient to determine FMLA coverage. Limit your responses to the condition for which the patient needs leave. Page 3 provides space for additional information,should you need it. Please be sure to sign the form on the last page. Provider's name and business address: Type of practice/Medical specialty: Telephone: ___) _ Fax: PART A: MEDICAL FACTS 1. Approximate date condition commenced: Probable duration of condition: Was the patient admitted for an overnight stay in a hospital, hospice,or residential medical care facility? No Yes. If so, dates of admission: Date(s)you treated the patient for condition: Was medication,other than over-the-counter medication,prescribed? No Yes. Will the patient need to have treatment visits at least twice per year due to the condition? No Yes Was the patient referred to other health care provider(s)for evaluation or treatment(ems,physical therapist)? No Yes. If so, state the nature of such treatments and expected duration of treatment: 2. Is the medical condition pregnancy? No Yes. If so,expected delivery date: 3. Describe other relevant medical facts, if any,related to the condition for which the patient needs care(such medical facts may include symptoms,diagnosis, or any regimen of continuing treatment such as the use of specialized equipment): Page 2 CONTINUED ON NEXT PAGE Form WH-380-F Revised January 2009 - 113 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL PART B:AMOUNT OF CARE NEEDED: When answering these questions,keep in mind that your patient's need for care by the employee seeking leave may include assistance with basic medical,hygienic,nutritional, safety or transportation needs, or the provision of physical or psychological care: 4. Will the patient be incapacitated for a single continuous period of time,including any time for treatment and recovery? No _Yes. Estimate the beginning and ending dates for the period of incapacity: During this time, will the patient need care? _No_Yes. Explain the care needed by the patient and why such care is medically necessary: 5. Will the patient require follow-up treatments,including any time for recovery? No Yes. Estimate treatment schedule,if any,including the dates of any scheduled appointments and the time required for each appointment,including any recovery period: Explain the care needed by the patient, and why such care is medically necessary: 6. Will the patient require care on an intermittent or reduced schedule basis,including any time for recovery? No Yes. Estimate the hours the patient needs care on an intermittent basis,if any: hour(s)per day; days per week from through Explain the care needed by the patient, and why such care is medically necessary: Page 3 CONTINUED ON NEXT PAGE Form WH-380-F Revised January 2009 - 114 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 7. Will the condition cause episodic flare-ups periodically preventing the patient from participating in normal daily activities? No Yes. Based upon the patient's medical history and your knowledge of the medical condition, estimate the frequency of flare-ups and the duration of related incapacity that the patient may have over the next 6 months(e.g., 1 episode every 3 months lasting 1-2 days): Frequency: times per week(s) month(s) Duration: hours or day(s)per episode Does the patient need care during these flare-ups? No Yes. Explain the care needed by the patient, and why such care is medically necessary: ADDITIONAL INFORMATION: IDENTIFY QUESTION NUMBER WITH YOUR ADDITIONAL ANSWER. Signature of Health Care Provider Date PAPERWORK REDUCTION ACT NOTICE AND PUBLIC BURDEN STATEMENT If submitted,it is mandatory for employers to retain a copy of this disclosure in their records for three years. 29 U.S.C. §2616; 29 C.F.R. § 825.500. Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. The Department of Labor estimates that it will take an average of 20 minutes for respondents to complete this collection ofinformation,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. If you have any comments regarding this burden estimate or any other aspect of this collection information,including suggestions for reducing this burden,send them to the Administrator, Wage and Hour Division,U.S.Department of Labor,Room S-3502,200 Constitution Ave.,NW,Washington,DC 20210. DO NOT SEND COMPLETED FORM TO THE DEPARTMENT OF LABOR;RETURN TO THE PATIENT. Page 4 Form WH-380-F Revised January 2009 - 115 - UNITED CITY OF YORKVILLE EMPLOYEE MANUAL APPENDIX L EMPLOYMENT REFERENCE RELEASE FORM I acknowledge that I have been informed that it is the United City of Yorkville's general policy to disclose in response to a prospective employer's request only the following information about current or former employees: (1) the dates of employment, (2) descriptions of the jobs performed, and (3) salary or wage rates. By signing this release, I am voluntarily requesting that the United City of Yorkville (hereafter, "the City") depart from this general policy in responding to reference requests from any prospective employer that may be considering me for employment. I authorize the City to disclose to such prospective employers any employment-related information that the City, in its sole discretion and judgment, may determine is appropriate to disclose, including any personal comments, evaluations, or assessments that the City may have about my performance or behavior as an employee. In exchange for the City's agreement to depart from its general policy and to disclose additional employment-related information pursuant to my request, I agree to release and discharge the United City of Yorkville and it's successors, employees, officers, and directors for all claims, liabilities, and causes of action, know or unknown, fixed or contingent, that arise from or that are in any manner connected to the City's disclosure of employment-related information to prospective employers. This release includes, but is not limited to, claims of defamation, libel, slander, negligence, or interference with contract or profession. I acknowledge that I have carefully read and fully understand the provisions of this release. I further acknowledge that I was given the opportunity to consult with an attorney or any other individual of my choosing before signing this release and that I have decided to sign this release voluntarily and without coercion or duress by any person. This release sets forth the entire agreement between the United City of Yorkville and me, and I acknowledge that I have not relied upon any representation or statement, written or oral, not set forth in this document. Signed: Date: - 116 - United City of Yorkville Employee Manual Final 02-10-04 TABLE OF CONTENTS Section 1 Introduction 1.1 Purpose and Disclaimer(Appendix A) 1.2 Applicability 1.3 City Organization and Administration of the Personnel Program 1.3.1 City Council 1.3.2 Mayor 1.3.3 Department Heads 1.3.4 Fire and Police Commissioners (Appendix B) 1.4 Definition of Employee 1.4.1 Department Heads 1.4.2 Supervisory 1.4.3 Full-Time 1.4.4 Part-Time 1.4.5 Temporary 1.4.6 Exempt Salaried Employee 1.4.7 Non-exempt Employees 1.5 Conflict with Other Regulations or Manuals Section 2 Personnel Program and Employment Status 2.1 Recruitment, Application and Selection 2.1.1 Recruitment 2.1.2 Application 2.1.3 Selection(Appendix C) 2.2 Personnel Records 2.2.1 Maintenance of records 2.2.2 Confidentiality 2.2.3 Standardized records 2.2.4 Finance Director notification process 2.3 Probationary Period 2.4 Layoff Section 3 Employee Conduct 3.1 Equal Employment Opportunity(Appendix D) 3.2 Anti-Harassment Policy(Appendix E—Employee Assistance Program) 3.3 Drug-Free Workplace Policy 3.3.1 Workplace Policy(Appendix F) i United City of Yorkville Employee Manual Final 02-10-04 3.3.2 Definition and descriptions 3.3.3 Ability to perform 3.3.4 Education and referral program 3.3.5 Employment condition 3.3.6 Disciplinary action 3.4 Drug Testing 3.5 No Solicitation 3.6 Employee Performance Evaluation 3.7 Outside Employment conditions 3.8 Gifts and Gratuities (Appendix G) 3.9 Political Activity 3.10 Workplace Inspections 3.10.1 Administrative Inspections 3.10.2 Criminal Inspections/Searches 3.11 On-the-Job Safety/Reporting of Accidents (Appendix H) 3.12 Threats, Violence and Weapons 3.12.1 Workplace Violence Policy 3.12.2 Prohibited Conduct 3.12.3 Reporting Procedures 3.12.4 Investigation and Responsive Action 3.12.5 No Retaliation 3.13 No Smoking or Tobacco Product use 3.14 Nepotism 3.14.1 Spouse/Relative of Department Heads/Elected Officials 3.14.2 Relatives of All Employees Section 4 Use of City Equipment 4.1 Authorization to Use Equipment 4.2 Use of City Vehicles (Appendix I) 4.3 Use of Personal Vehicles for City Business 4.4 Computer and Telephone Communications Systems (Appendix J) 4.5 E-Mail Policy 4.5.1 E-Mail system usage 4.5.2 Inspection/Search procedure 4.5.3 Prohibit use pertaining to other City Policies 4.5.4 Confidentiality of personnel records/memo's 4.5.5 Unauthorized access ii United City of Yorkville Employee Manual Final 02-10-04 4.6 Personal Use of Telephones Section 5 Disciplinary Action 5.1 Reasons for Discipline 5.2 Discipline Procedure 5.2.1 Remediation 5.2.2 Disciplinary Procedure 5.3 Grievance Procedure Section 6 Payroll Administration, Hours of Work and Overtime 6.1 Regular Hours of Work 6.1.1 Workday hours and lunch breaks 6.1.2 Public Works Employee "On-Call" Status, Duties, and Payment 6.1.3 Work Schedule 6.2 Shift Changes 6.3 Payroll Administration 6.4 Call-Back Pay 6.5 Overtime Scheduling 6.6 Overtime Pay 6.7 Compensation Time 6.8 Pay Adjustments 6.9 Longevity Pay Section 7 Leave Time 7.1 Vacation Leave 7.2 Holiday Leave 7.3 Sick Leave 7.3.1 Purpose, Allowance, and Accumulation 7.3.2 Medical Verification 7.3.3 Sick Leave Utilization 7.3.4 Unused Sick Leave 7.4 Reporting of Absences 7.5 Duty-Related Injury or Illness Leave 7.6 Emergency&Bereavement Leave 7.7 Military Leave 7.8 Jury Duty Leave 7.9 Unpaid Discretionary Leave iii United City of Yorkville Employee Manual Final 02-10-04 7.10 Family and Medical Leave 7.10.1 General Statement 7.10.2 Eligibility 7.10.3 Reasons for Leave 7.10.4 Leave is Unpaid 7.10.5 Notice of Leave (Appendix K) 7.10.6 Medical Certification 7.10.7 Medical and Other Benefits 7.10.8 Reporting from Leave 7.10.9 Reporting While on Leave 7.10.10 Intermittent and Reduced Schedule Leave 7.10.11 Policy Administration 7.10.12 Interrelation of Leaves 7.11 Benefits while on Leave Section 8 Employee Benefits 8.1 Health and Life Insurance Coverage 8.2 Pension Participation 8.2.1 Eligibility 8.2.2 Military Service Credit (Appendix L) 8.3 Vision and Dental Assistance (Appendix M) 8.4 Continuation of Medical Coverage 8.5 Uniform Allowance 8.6 Education and Training (Appendix N) 8.7 Travel Expenses 8.8 457 Deferred Compensation Plan(Appendix O) 8.9 Employee Credit Union(Appendix P) iv United City of Yorkville Employee Manual Final 02-10-04 Section 1 Introduction Section 1.1 Purpose and Disclaimer This Manual describes the current personnel policies that apply to all employees as a member of the United City of Yorkville ("City") workforce. This Manual is designed only to introduce employees to the City and to serve as a guide to present City policies, practices and procedures. The City has the right to modify, amend, or withdraw any or all of the policies or procedures described in this Manual at any time. All employees shall sign an employee acknowledgment form upon receiving this employee manual. (Appendix A) Although the City hopes that all employees will enjoy a long and mutually beneficial career with the City, there is no guarantee of future employment or employment under any specific conditions. This Manual is not an employment contract of any kind, and it does not create any rights in the nature of employment contract, regardless of whether it has been distributed to new or existing employees, nor does it provide any due process rights in the event of discipline or discharge. Nothing shall restrict an employees' right to terminate their employment at any time with or without notice or cause, and nothing shall restrict the right of the City to terminate their employment at any time with or without notice or cause. No representative of the City, other than the Mayor with City Council approval, has any authority to enter into any employment contract of any kind. Any contract or promise of employment must be in writing and must be signed by the Mayor and approved by the City Council. Section 1.2 Applicability Unless otherwise noted, these personnel policies apply to all employees of the United City of Yorkville government except that these policies do not apply to the following: a. Elected Officials b. Persons employed to make or conduct a temporary and special inquiry, investigation or examination on behalf of the Mayor or City Council C. Volunteer or appointed personnel who receive no regular compensation from the City Unless otherwise specifically stated, none of the benefits referenced in this Manual apply to part-time employees. Unless otherwise provided for in a written contract of employment, Department Heads or other supervisory employees are subject to this Manual. If employees are a Department Head, where provisions discuss an employee's relationship with his Department Head, they may assume that the Mayor has that relationship vis-a-vis themselves. If an employee has a direct relationship with the Mayor as their immediate supervisor, such as: the City Administrator, Chief of Police, or Park and Recreation Executive Director where provisions discuss an employees' relationship with employees' Department Head, the employee may assume the Mayor has that relationship vis-a-vis themselves. If they have any questions regarding how this Manual applies to them because of their position with the City, they should contact their immediate supervisor for clarification. 1 United City of Yorkville Employee Manual Final 02-10-04 Section 1.3 City Organization and Administration of the Personnel Program 1.3.1 City Council The City Council of the United City of Yorkville shall exercise control over personnel through the adoption of the City's Annual Budget, Pay Plan, confirmation of the Mayor's appointment, or by the adoption of policies, procedures, ordinances and resolutions as deemed necessary by the Council. (The Mayor may seek advisory input from the City Council in connection with annual performance evaluations for Department Heads who have a direct relationship with the Mayor as their immediate supervisor, such as: the City Administrator,the Police Chief and the Executive Director of Parks and Recreation.) 1.3.2 Mayor The Mayor shall be responsible for ensuring the effective administration of the policies and procedures and may delegate such functions as deemed necessary for the implementation of this system. The Mayor shall perform the performance evaluations and will seek input from the City Council for the City Administrator, Chief of Police and Executive Director for Parks and Recreation Department. 1.3.3 Department Heads 1. The Department Heads shall be responsible for directing and coordinating personnel activities of the City on a day-to-day basis. 2. Department Heads shall establish such rules as deemed necessary to the efficient and orderly administration of their respective departments. 3. Department Heads shall evaluate their employees annually by February 15 of each year, and from time to time as needed, submitting their reports to their immediate supervisor by March 1St Evaluations shall be made on standardized forms as provided by the City, and shall provide a comprehensive review of the quality of work performed by the employee. Both Department Head and Employee shall sign evaluations. 4. Department Heads shall prepare a tentative budget before the end of each fiscal year. It shall be presented to the Finance Director. The Finance Director will prepare the budget to be presented to the Mayor. The Mayor will present the budget to the City Council for approval. 5. Departments Heads shall prepare Job Descriptions and recommend the selection and hiring of all personnel to their appropriate committees when such job openings are deemed necessary and subject to adoption by the Mayor. 6. Department Heads shall submit for approval any promotion, demotion, and discharge of all personnel in their respective department, with the Mayor having authority for final dispensation of all employees. However, the Mayor may seek input and advice from the City Council before making his final decision. 2 United City of Yorkville Employee Manual Final 02-10-04 7. Department Heads shall supervise, develop and maintain the personnel system including written forms, procedures, and records. Furthermore, whenever there is a request for a policy change or recommendation, the Department Head shall present the request to the Mayor. Upon review the Mayor may present the request to the City Council. 8. Department Heads shall administer the personnel policies and procedures including the performance evaluation and the employee grievance procedures. 9. Department Heads shall perform any other lawful acts that are considered necessary or desirable to carry out the purpose of the personnel system and the provisions outlined in this manual, or as directed by the Mayor and City Council. Section 1.3.4 Fire and Police Commissioners (Appendix B) The Board of Fire and Police Commissioners performs the function of a civil service commission for all sworn police officers. The board hires, fires, promotes and disciplines all members of the police department, except the Police Chief, who is appointed by the Mayor with the advice and consent of the City Council and will not be hired or disciplined by the Board. Section 1.4 Definition of Employee Section 1.4.1 Department Heads Department Heads are salaried on an annual basis, regardless of number of hours worked over 40 hours per week. Department Heads do not receive overtime pay. However, if it is necessary for them to work over the forty-hour week,they may(work requirements allowing), take time off for personal reasons. This benefit is not to be abused. The Department Heads shall notify their immediate supervisor of such time off and maintain a record to be made available to the Mayor and City Council upon request Furthermore, any Department Head and/or exempt employee will be required to seek approval from their immediate supervisor for any time off request for one day or more. Section 1.4.2 Supervisory Supervisory personnel are defined as members of the management group. Supervisory personnel direct the daily work activities of unit or shift of employees. Employees shall convey late report times, illness, or other absence, and make requests for authorized leave to the Supervisory personnel. Section 1.4.3 Non-Exempt Full-Time Full-time non-exempt employees are paid on an hourly basis. All full-time non-exempt employees are expected to work 40 hours per week, unless authorized leave is approved by the Department Head or indicated within their job description upon approval by the Mayor and City Council. Section 1.4.4 Part-Time An employee who is employed regularly for less than the normal number of hours is considered part- time. These employees receive straight time for all hours, (less than forty hours in one week), are 3 United City of Yorkville Employee Manual Final 02-10-04 ineligible for benefit packages listed in this manual, and may not work more than 1,000 hours per year. Any exceptions to the definition of part time employee must have Mayor and City Council approval. Section 1.4.5 Temporary Temporary employees are generally those persons employed to fill a position for less than six (6) months duration. There is no guarantee of reinstatement for the same period during the following calendar year. Temporary employees are not entitled to sick leave. Temporary employees are not entitled to vacation or other similar benefits enjoyed by full-time employees. Temporary employees are hired by the Department Head, with concurrence of the Mayor and City Council. Section 1.4.6 Exempt Salaried Employee An employee paid on a salary basis that works in an executive, administrative or professional capacity determined by the City to be exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). Exempt salaried employees are not entitled to overtime under the FLSA. Notwithstanding any provisions of this Manual, the discipline of such employees shall be in accordance with FLSA regulations regarding exempt salaried employees. Section 1.4.7 Non-exempt Employees An employee who is either paid by the hour or on a salary basis and is not in a position determined by the City to be exempt from overtime under the Fair Labor Standards Act. Such employees are eligible for overtime pay. Section 1.5 Conflicts with Other Regulations or Manuals In the event there is a conflict between the policies contained in this Manual and a collective bargaining agreement, a current written individual employment agreement, or applicable rules and regulations of the Board of Fire and Police Commissioners or the Yorkville Public Library, the terms of the agreement or applicable rules and regulations shall apply. No one other than the Mayor, with the advice and consent of the City Council, has the authority to enter into a contract contrary to the terms of this Manual. Section 2 Personnel Program and Employment Status Section 2.1 Recruitment, Application, and Selection Section 2.1.1 Recruitment It is the policy of the United City of Yorkville to afford equal employment opportunity in all personnel practices to all qualified individuals without regard to race, color, religion, sex, age, national origin, physical or mental disability, ancestry, martial status, or veteran status (except those dishonorably discharged), all in accordance with applicable law. 4 United City of Yorkville Employee Manual Final 02-10-04 Section 2.1.2 Application Appointment and promotion to the positions in the City will be based upon merit and fitness. Selection methods will be based wholly on the job related references, aptitude, and adaptability. Section 2.1.3 Selection Regardless of the number of applicants, selection methods shall be deemed competitive when the qualifications required are based upon education, experience and personnel standards established for the position. In such instances, a reasonable opportunity shall be afforded for qualified persons to apply, and the following procedures will apply to the recruitment of all personnel: a. When any non-exempt job vacancy occurs that has been approved by the Mayor and City Council, the Department Head shall post the job announcement, internally and externally, stating the title, salary range,job description, manner of application, and closing date for application. b. After reviewing applicant qualifications, and/or holding personal interviews, the Department Head shall conduct a background check(Appendix C) before making the conditional offer of employment to the applicant deemed best suited for employment with the City. The Department Head may conduct any other required pre-employment screening after the conditional offer of employment has been made to the applicant, such as: medical and/or psychological test. The Department Head shall hire only applicants who have passed all pre-employment testing. The Department Head will notify the Finance Director of the hiring and copy the City Administrator. C. While current full-time City employees are encouraged to apply for appointment to positions for which they are qualified, the City reserves the right to hire external or internal applicants for any or all vacant positions. Accordingly, position announcements may be posted internally and/or advertised before a position is filled. d. An employee of the City may request, or be requested,to transfer to another position within the City. Section 2.2 Personnel Records Section 2.2.1 Maintenance of records Department Heads shall maintain personnel records of each employee containing the employee's name, title, department, starting date, salary, change in employment status,training received, disciplinary actions, or other such information as may be considered pertinent. Section 2.2.2 Confidentiality All employee records shall be considered "CONFIDENTIAL" and shall not be released to outside parties except where consistent with the Illinois Personnel Record Review Act, 820 ILCS 40/01.01 et. seq., or as authorized by the individual employee. 5 United City of Yorkville Employee Manual Final 02-10-04 Section 2.2.3 Standardized forms Personnel evaluation, absenteeism, grievances, and other job performance records shall be standardized, and will apply to all City personnel. Section 2.2.4 Notification process to Finance Director With the promotion, demotion, or termination of employment of any employee, the appropriate Department Head must file a written notice and said action with the Finance Director. Section 2.3 Probationary Period A formalized twelve-month evaluation and probationary period are in effect at the time of appointment for all employees. The evaluation periods are to be treated as an integral part of the selection process. Serious evaluation shall be made as to the employee's work record, attendance, compatibility, and any other aspect of job performance deemed necessary to insure the highest level of performance. The Department Heads shall furnish an evaluation report to their immediate supervisor. The existence and/or completion of the evaluation and probationary period do not imply that the employee has a contractual right to continued employment with the City. Section 2.4 Reduction in Work Force It may become necessary to require an employee's involuntary separation from City service without pay, due to lack of work or funds. The required number of employees may be laid off in the order of their relative length and quality of service. However, careful consideration shall be given to maintaining a work force reflecting the needs of the community. The City expressly reserves the right to make layoffs in any order. Employees shall be notified by certified mail at least ninety(90) days before their separation. Reasons for selecting the employees to be separated shall be documented and maintained on file to support action taken. In the event of a layoff, employees laid off shall be placed on a preferential hiring list for a period of no less than two (2) years. Re-hiring shall be in reverse order of separation, providing that the employee laid off has the skills and ability for the job to be filled. No employee may be reduced in rank, pay, or title for any reason other than disciplinary reasons. Reduction of rank, pay, or title requires 2/3 vote of the City Council for all employees. Section 3 Employee Conduct Section 3.1 Equal Employment Policy The United City of Yorkville has adopted an Equal Employment Policy as described in Resolution 93- 18 (10-25-1993) (Appendix D). It reads as follows with modified changes to be currently compliant with Federal, State, and Local laws: a. It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act (42 USC §2000), and all State Civil Rights Legislation. 6 United City of Yorkville Employee Manual Final 02-10-04 b. No person shall, on the grounds of race, color, religion, sex, age, national origin, physical or mental disability, ancestry, martial status, or veteran status (except those dishororably discharged), all in accordance with applicable law or any other status protected by law be excluded from participation in or be subjected to discrimination in any program or activity funded in whole or in part by Federal funds. C. The City Administrator shall oversee civil rights compliance. Section 3.2 Anti-Harassment Policy The United City of Yorkville is committed to maintaining a work environment that is free of discrimination. In keeping with this commitment,we will not tolerate harassment of City employees by anyone, including any supervisor, co-worker, or any third party. All employees are expected to avoid any behavior or conduct that could reasonably be interpreted as harassment. All employees are expected to make it known promptly, through the avenues identified below, whenever they experience or witness offensive or unwelcome conduct. Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based upon a person's protected status, such as sex, color, race, religion, national origin, age, physical or mental disability or other protected group status. The City will not tolerate harassing conduct that affects tangible job benefits, that interferes unreasonably with an individual's work performance, or that creates an intimidating, hostile, or offensive working environment. Such harassment may include, for example, jokes about another person's protected status, kidding, teasing or practical jokes directed at a person based on his or her protected status. Sexual harassment deserves special mention. Unwelcome sexual advances, requests for sexual favors, and other physical, verbal, or visual conduct based on sex constitute sexual harassment when(1) submission to the conduct is an explicit or implicit term or condition of employment, (2) submission to or rejection of the conduct is used as the basis for an employment decision, or(3)the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment is conduct based on sex, whether directed towards a person of the opposite or same sex, and may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually oriented "kidding" or "teasing", "practical jokes",jokes about obscene printed or visual material, and physical contact such as patting, pinching, or brushing against another person's body. All City employees are responsible to help assure that harassment is avoided. Anyone who believes that they have experienced or witnessed harassment should notify the City Administrator, a Department Head, Supervisor, City Attorney, Mayor or City Clerk Employee Assistance Program(Appendix E), Coordinator/Contact person as posted on the employee bulletin board. The City forbids retaliation against anyone for reporting harassment, assisting in making a harassing complaint, or cooperating in a harassment investigation. Anyone who believes that they have been retaliated against should notify the City Administrator, a Department Head, Supervisor, City Attorney, Mayor, or City Clerk.. 7 United City of Yorkville Employee Manual Final 02-10-04 The City's policy is to investigate all such complaints thoroughly and promptly. To the fullest extent practicable, the City will keep complaints and the terms of their resolution confidential. If an investigation confirms that a violation of the policy has occurred,the City will take corrective action, including discipline, up to and including immediate termination of employment. An employee who believes that he or she has been the subject of harassment or retaliation for complaining about harassment also has the right to file a charge of civil rights violations with the appropriate state or federal enforcement agency. These include: Illinois Department of Human Rights 100 West Randolph Street, Suite 10-100 Chicago, Illinois 60601 312-814-6200 United States Equal Employment Opportunity Commission Chicago District Office 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 312-353-2713 Section 3.3 Drug-Free Workplace Policy (Appendix F) Section 3.3.1 The United City of Yorkville has adopted a Drug-Free Workplace Policy as described in Resolution Number 93-17 (10-25-1993). It reads as follows: Illegal drugs and the abuse of legal drugs in the workplace are a significant danger. They impair safety and health, promote crime, lower productivity and quality and underline public confidence in the work City employees undertake. The City prohibits drug and alcohol impairment and the illegal use of drugs in the workplace. Under the federal and state Drug-Free Workplace Acts, 41 USC 701, et seq., and 30 ILCS 580/1 et seq., in order for the City to be considered a "reasonable source" for the award of federal or state grants, it is appropriate to adopt the following policy: Section 3.3.2 Definition and descriptions Any location which City business is conducted, whether at this or any other site is declared to be a drug- free workplace. All employees are absolutely prohibited from unlawfully manufacturing, distributing, dispensing, possessing or unlawfully using controlled substances or alcohol, as defined in the federal and state Drug-Free Workplace Acts, in the workplace. This policy does not apply to the lawful use of prescription drugs under the supervision of a licensed healthcare professional and within the limits of a valid prescription. An employee who has been prescribed drugs or who is taking over-the-counter medications that come in containers with warnings about drowsiness or interference with the ability to operate machinery, or drive safely, or otherwise perform their job duties is required to immediately disclose to his or her immediate supervisor any medication-related work restrictions. When employees disclose such medication related work restrictions they do not need to disclose the type of medications that have been prescribed or the underlying medical conditions, impairments or disabilities unless otherwise specifically directed to do so by their doctor or by their immediate supervisor that is not in violation of any state or federal act.. 8 United City of Yorkville Employee Manual Final 02-10-04 Section 3.3.3 Employee's ability to perform duties Employees are expected and required to report to work on time in appropriate physical and mental condition to perform duties of their jobs. Section 3.3.4 Education and referral program Employees have the right to know the dangers of drug abuse in the workplace,the City's policy about them and what help is available to combat drug problems. Employees needing assistance in overcoming drug abuse problems are encouraged to seek professional assessment, treatment support and aftercare at appropriate outside agencies. Conscientious efforts to seek such help will not jeopardize any employees' job nor will it be noted in any personnel record. However, referral to such programs in no way exempts an employee from discipline for less than acceptable job performance. Section 3.3.5 Employment condition As a condition of initial and continued employment, each employee shall: a. Agree in writing to abide by the terms of the City's policy respecting a drug and alcohol- free workplace; and, b. Agree, as required by law, to inform his or her supervisor of his or her conviction of any criminal drug or alcohol Statute, for a violation occurring on or off City premises, while conducting City business, no later than five (5) days after such a conviction. A conviction means a finding of guilt (including a plea of"no to contendere") or the imposition of a sentence by a Judge or jury in any federal or state court, and/or a finding of Court Supervision. Section 3.3.6 Disciplinary action An employee who violates the terms of this policy may be subject to disciplinary action including suspension and/or termination and may be referred for prosecution consistent with applicable local, state and federal law. a. The City shall take prompt disciplinary action with respect to any employee who violates this policy. b. The City may require an employee who violates the terms of this policy to satisfactorily participate in a drug or alcohol abuse assistance or rehabilitation program. Section 3.4 Drug Testing It is the policy of the City to conduct drug/alcohol testing where it has reason to believe that an employee may be under the influence of alcohol, illegal drugs or other controlled substances. In addition, any employee who is reasonably believed to have caused or contributed to an accident which resulted in personal injury requiring medical treatment away from the scene of the accident or which 9 United City of Yorkville Employee Manual Final 02-10-04 disabled a piece of equipment shall be tested for alcohol, illegal drugs, or other controlled substances. Further, employees employed in safety sensitive positions are subject to periodic or random testing. Employees subject to Department of Transportation(D.O.T.) testing shall be tested in accordance with D.O.T. regulations in addition to the testing and discipline provisions of this policy. Refusal to submit to testing will result in disciplinary action, up to and including termination of employment. Section 3.5 No Solicitation Solicitation by employees shall not be permitted during working time (the time employees are performing Department functions) in the City, or during non-working hours in areas where it will disturb other employees who are working. Distribution or circulation of printed materials by employees shall not be permitted any time, including working and non-working time, in working areas. Solicitation or distribution of printed materials by non-employees is prohibited in work areas. Section 3.6 Employee Performance Evaluation At a minimum, yearly reviews shall be made of the employee's work performance by the Department Heads, and reported to the Mayor. Employees may be given more frequent evaluations as circumstances warrant. A finding of satisfactory performance is needed for advancement on the wage scale. Section 3.7 Outside Employment Employees may hold outside employment, including self-employment, provided such employment does not: 1) interfere with the performance of City duties; 2) present a potential conflict of interest; 3) result in outside work being performed during an employee's work shift; 4) involve the use of city equipment or supplies. Employees shall be permitted to engage in outside employment only with the prior written approval of their Department Head. If granted permission for outside employment an employee's Department Head may revoke the permission where it appears to the Department Head that such activity conflicts with the standards set forth above. Employees who engage in outside employment shall notify their Department Head of the addresses and phone numbers where they can be contacted, if necessary, for their normal work schedule, of the name of their supervisor(if applicable), and of the type of work they are (or will be) performing. Section 3.8 Gifts and Gratuities a. City services are not to be rendered by any employee with the expectation or in exchange for any gift, gratuity, discount, reward, entertainment, hospitality, loan, forbearance, other tangible or intangible item having monetary value. This policy prohibits the receipt of gifts by the employee's spouse or an immediate family member living with the employee from a "prohibited" source. In addition, all employees are required to comply with the City's Ordinance#1999-12 (Appendix G) implementing the provisions of the State Gift Ban Act. When an employee receives any offering as a result of his or her status as a City employee, the offering must be immediately turned over to the City's Ethics Officer, which is the Kendall County States Attorney. The Ethics Officer will determine the ultimate disposition of any gift or offering in accordance with the City's ordinance and the State Gift Ban Act. Additional information about this policy maybe obtained from the City Administrator, Ethics Officer or City Attorney. 10 United City of Yorkville Employee Manual Final 02-10-04 b. No employee in the City's service shall have any financial interests in the profits of any contractor, service provider, or other work performed for the City, or shall personally profit directly or indirectly form any contract,purchase, sale or service between the City and any person or company. Any employee who violates this section shall be subject to discipline for misconduct in office. Section 3.9 Political Activity a. No employee shall use his or her official position of employment to coerce or inhibit others in the free exercise of their political rights; or engage in political activities while at work or on duty. b. Due to the conflict of interest created by employees holding an elected office, the taking of an oath for any City office shall constitute an employee's resignation from City employment unless allowed by state statutes. Section 3.10 Workplace Inspections The City wishes to maintain a work environment that is free of illegal drugs, alcohol, unauthorized firearms, explosives, or other improper materials. To this end, the City prohibits the possession, sale, transfer or use of such materials on its premises or in City vehicles. The City requires the cooperation of all employees in administering this policy. Section 3.10.1 Administrative Inspections Desks, lockers and other storage devices may be provided for the employees convenience, but remain the sole property of the City. The City also reserves the right to conduct searches and inspections of City-provided vehicles, equipment, materials, such as boxes, thermoses, briefcases, desks, computer files, computers, computer disk, cabinets, file drawers, desk, lockers, or packages without notice. Anyone who refuses to submit to a search or is found in possession of prohibited articles will be subject to disciplinary action, up to and including dismissal. Accordingly, the City Administrator or Chief of Police or their designee may conduct the inspection with or without prior notice. All administrative/operational inspections shall be conducted through the authority of the City Administrator or Chief of Police. The City is not responsible for loss of or damage to personal property on the job. Section 3.10.2 Criminal Inspections/Searches When a supervisor or an employee has reasonable suspicion that a criminal act or threat of violence has or will occur he or she shall contact the local police department immediately. The local police will determine if an inspection is warranted and conduct such inspection. Only law enforcement personnel shall conduct such inspection. Any abuse of this provision within the employee manual by any employee shall be subject to disciplinary action up to termination. 11 United City of Yorkville Employee Manual Final 02-10-04 Section 3.11 On-the-Job Safety/Reporting of Accidents Employees are expected to exercise caution and observe all established safety rules and regulations applicable to their position and in the operation of tools, equipment and motor vehicles in connection with City business. (Safety Policy-Appendix H) The following safety rules apply to all employees of the City: a. Basic responsibility for safety rests with Department Heads and from them, to their designated safety representatives, supervisors, and employees, but it is the responsibility of every employee to become familiar with and adhere to all safety rules and regulations. b. Any employee acting in a supervisory capacity shall require all employees under their supervision to comply with all applicable safety rules and practices. C. Any employee having knowledge of any unsafe condition or work practice shall report such condition or practice to their immediate supervisor, departmental safety representative, or Department Heads. d. All employees shall use reasonable precautions in the performance of their duties and act in such a manner as to assure maximum safety to themselves, their fellow employees and the public. e. All employees shall familiarize themselves with the safety rules applicable to their jobs and shall consult with their supervisors on any safety rule or practice not understood, or whenever work conditions present unforeseen hazards. f. No employee shall remove or make ineffective any safeguard, safety device or safety appliance except for the purpose of replacement, repair or adjustment. g. Employees shall keep their work areas clean, orderly and,to the extent possible, free from all recognized safety hazards. h. All employees shall work in appropriate clothing, including footwear, suitable for the type of work being performed, and shall wear or use appropriate safety devices or personal protective equipment as provided, or directed. i. When driving or riding as a passenger in a City-owned vehicle, or in a personal vehicle while on City business, employees shall wear properly adjusted and fastened seat belts. j. Employees shall comply with all applicable Local, State and Federal traffic laws when operating a City vehicle or personal vehicle while on City business, except for police officers when authorized in the line of duty and in accordance with departmental standard operating procedures. k. Any employee who suffers an on-the-job injury or illness, or is involved in an accident while operating City equipment, a City-owned vehicle, or a personal vehicle on City business, shall complete a report of accident on the approved report form and submit the 12 United City of Yorkville Employee Manual Final 02-10-04 form to the immediate supervisor. The form shall be completed and submitted within twenty-four hours of the on-the-job accident, injury or illness to the extent practicable. Individual departments may adopt any safety rules that address particular operations or hazards that exist within that department and which are not inconsistent with the general safety rules listed above. Any employee found to be in violation of the general safety rules or applicable departmental safety rules may be subject to disciplinary action. Section 3.12 Threats, Violence and Weapons Section 3.12.1 Workplace Violence Policy The City will not tolerate any threats, threatening behavior or acts of violence against employees, visitors, or other individuals by anyone on City property or while an employee is off-premises engaged in City business. There is no justification for such actions. Any employee who violates this policy will face disciplinary action up to and including discharge and may face possible arrest and criminal prosecution. Section 3.12.2 Prohibited Conduct "Workplace violence" includes any behavior or conduct on City premises, which is sufficiently severe, offensive, or intimidating to cause an individual to reasonably fear for his or her personal safety or the safety of co-workers and/or property. It includes, but is not limited to: a. Any physical behavior, or threat of physical behavior, which involves aggressive contact with any person, including pushing, hitting, fighting, throwing objects or otherwise intentionally injuring another person or attempting to injure another person; b. Any physical behavior, or threat of physical behavior, that would place a reasonable person in fear of receiving imminent physical injury or aggressive physical contact of the sort discussed above; or C. Any act of vandalism or other intentional damage or destruction of City property. No employee or third party, except for authorized law enforcement personnel, is permitted to bring weapons or firearms onto City property(including City vehicles). Section 3.12.3 Reporting Procedures a. Employees who become aware of workplace violence or any threat of workplace violence, whether by an employee or non-employee, must immediately report such action to their immediate supervisor and law enforcement personnel. Disciplinary action may result if the employee having knowledge of a suspected violent act fails to report the incident. 13 United City of Yorkville Employee Manual Final 02-10-04 b. Any employee who is a victim of workplace violence must immediately report the situation to law enforcement personnel, then his or her supervisor or the City Administrator when the supervisor is involved. C. Any report made pursuant to this policy will be treated with confidentiality to the extent reasonably possible and appropriate. d. Actions that may be considered endangering or life threatening by or against any employee or individual on City property should be reported to local law enforcement agency by calling 911, in addition to the reports set forth above. Section 3.12.4 Investigation and Responsive Action a. All incidents of alleged workplace violence will be investigated promptly by the City. b. Based on the results of the investigation, the City will take appropriate action. If a violation of policy is found, such action may include immediate discharge. Additionally, the City may report the situation to law enforcement. C. When applicable, the City and its employees shall cooperate fully with police and other law enforcement officials in the investigation and prosecution of any workplace violence. d. The City may take other actions, as it deems appropriate under the specific circumstances, including seeking judicial action. Section 3.12.5 No Retaliation The City forbids retaliation against any employee for reporting any violation of this policy. Any employee who engages in retaliation in violation of this policy shall be subject to disciplinary action up to and including discharge. Section 3.13 No Smoking or use of Tobacco Products Smoking and/or use of any form of tobacco products are prohibited within City owned public buildings. Designated areas may be designated with approval of the Department Head and City Administrator. Section 3.14 Nepotism Section 3.14.1 Spouse/Relatives of Department Heads/Elected Officials a. The employment of a spouse or a relative of any Department Head or elected official may be subject to a confidentiality disclosure agreement or conflict of interest agreement as deemed necessary by the City Attorney. For this purpose, a relative is deemed to mean a spouse, parents, grandparents, children or grandchildren, siblings, aunts, uncles, in-laws, and step relatives within these categories. 14 United City of Yorkville Employee Manual Final 02-10-04 b. This policy is intended to comply with the requirements of all applicable federal, state, and local laws. The Mayor is responsible for the coordination, administration and implementation of the provisions of this policy as approved by the City Council. Section 3.14.2 Relatives of All Employees a. The purpose of this policy is to establish consistent guidelines concerning the employment of relatives of employees of the City. Relative is deemed to mean a spouse, parents, grandparents, children or grandchildren, siblings, aunts and uncles, in-laws and step-relatives, within these categories. It is the policy of the City to provide all employees with equal employment opportunities for career advancement without fear of favoritism or penalty, actual or implied, based on family relations. b. The employment of a relative of any full-time City employee, in a full or part-time position, is prohibited if such employment shall cause the new employee to come under direct supervision of or provide direct supervision to the related full-time employee. C. Full-time City employees will not be considered for promotion or transfer if such change shall cause the employee to come under, or to provide direct supervision to a related City employee. d. If employees in a supervisory relationship become related after employment, every effort will be made to transfer one of the employees to a position where no supervisory relationship exists. If neither employee volunteers to transfer, the City Administrator/Mayor will arrange an involuntary transfer at his or her discretion. Transfer decisions may be based on, but are not limited to, such factors as the grade of each affected employee's position, the availability of openings for which the affected employees are qualified, and the availability of replacement candidates for the affected employees'positions. e. This policy is intended to comply with the requirements of all applicable federal, state and local laws. f. The Mayor or his designee is responsible for the coordination, administration and implementation of the provisions of this policy as approved by the City Council. Prior to the application of this policy regarding employment or transfer decisions with respect to spouses, supervisors must contact the Mayor to ensure compliance with applicable federal, state and local laws. Section 4 Use of City Equipment Section 4.1 Authorization to Use Equipment City equipment and supplies may be used only for authorized City purposes. No City equipment or supplies shall be removed from City premises for personal use unless authorized by the Department Head, City Administrator, or Mayor. 15 United City of Yorkville Employee Manual Final 02-10-04 Section 4.2 Use of City Vehicles An employee must obtain permission from the Department Head to use City vehicles, as provided by the City Policy(Appendix I). Use of City vehicles (if available) are for official City business ONLY is encouraged when City vehicles are available. Any out of pocket expenses such as parking, tolls, and emergency repairs shall be reimbursed upon presentation of receipts. Section 4.3 Use of Personal Vehicles for City Business Whenever an employee is authorized to use a personal vehicle in the performance of official City duties, the employee shall be compensated at the prevailing IRS mileage rate. All mileage compensation shall be a result of authorized personal vehicle use approved by the employee's Department Head. Reimbursable uses include: the use of personal vehicle to attend out-of-town functions, training sessions, and meetings when such functions are a requirement of the employee's job or are deemed desirable by their Department Head or the Mayor. Section 4.4 Computer and Telephone Communications Systems a. All computer and telephonic communications systems and all communications and information transmitted by, received from or stored in these systems are the property of the City and as such are to be used solely for job related purposes (Note: See Section 4.6 Personal use of telephones). The use of any software and business equipment, including but not limited to, facsimiles, telecopiers, personal computers, handheld computers and copy machines for private purposes is prohibited. All materials and information created, transmitted or stored on City computer systems are the property of the City and may be accessed by authorized City personnel. Employees shall have no ownership or proprietary interest in the computer network, including any of the data files or applications operating or residing on the computer network or any stand-alone computers. No employee shall, without express authorization, copy or download any applications from the computer network, copy or load any applications onto the computer network, or disclose to, or allow the use of the computer network by, any third party. Furthermore, all employees shall be required to sign an E-Mail, Voice Mail, Computer, and Office Equipment Acknowledgement Form. (Appendix J) b. If employees use this equipment for personal purposes they do so at their own risk. Furthermore, all employees are not permitted to use a code, access a file or retrieve any stored communication unless authorized to do so or unless they have received prior clearance from an authorized supervisor. All pass codes are property of the City. Employees may not use a pass code that has not been issued to them or that is unknown to the City. If employees violate this policy, they may be subject to disciplinary action, up to and including dismissal. C. Employees must obtain written authorization from their Department Head to use City information technology resources to access the Internet. Requests for Internet access must be based on legitimate, business-related reasons. Employees may only use authorized connections for Internet access. The network administrator will terminate any unauthorized connections to the server. Department Heads who authorize access to the 16 United City of Yorkville Employee Manual Final 02-10-04 Internet are responsible for promptly notifying the City's network administrator when Internet users terminate, change departments or no longer require Internet access. d. To ensure that the use of electronic and telephonic communications systems and business equipment is consistent with the City's legitimate business interests, authorized representatives of the City may monitor the use of such equipment from time to time to the extent permitted by applicable state and federal law. Users should not have any expectation of privacy with respect to any materials and information created or stored on these systems. Section 4.5 E-Mail Policy The City provides an electronic mail("e-mail") system to some of its employees in order to facilitate the communication of work-related data internally and externally in the most effective and efficient manner possible consistent with legal requirements and established policies and procedures. In order to provide City employees with the benefits of e-mail communications without exposing the City to the many risks inherent in e-mail communications, the City has developed the following rules. Anyone having any questions should contact their immediate supervisor.. Section 4.5.1 The e-mail system may be used only to process and communicate work related data and messages. Employees may only use e-mail for legitimate business-related communications in the course of their assigned duties. No one may use e-mail to conduct personal business of any kind, including downloading data from the Internet or from any other source for other than strictly work-related purposes. All data of any nature that is entered or received through any City computer including all e- mail messages are and will remain City property. None of the data or messages may be used for any purpose not related to City business. Furthermore, no data or messages shall be sold, transmitted, conveyed or communicated in any way to anyone outside of the City without the express written authorization of an officially-designated City representative. Section 4.5.2 City computers and all data and e-mail messages on City computer systems are subject to inspection and search by the City. In the course of their duties, City systems operators, Department Heads, Supervisors, and/or approved consultants may monitor employee use of the e-mail system and review the contents of data or messages within the e-mail system. Section 4.5.3 The creation or transmission of any data or e-mail message that may be construed to violate the City's "Harassment-Free Workplace" policy or "Equal Employment Opportunity" policy is strictly prohibited. This prohibition includes sexually explicit or offensive messages, cartoons or jokes, ethnic or religious slurs, racial epithets or any other statement or image that might be construed as harassment or disparagement on the basis of race, color, religion, sex, national origin, age, disability, marital status, or any other status protected by law. 17 United City of Yorkville Employee Manual Final 02-10-04 Section 4.5.4 E-Mail may not be used to transmit disciplinary messages or statements regarding individual employees. All such negative messages must be kept strictly confidential and therefore may not be communicated via e-mail in any form whatsoever. For many of the same reasons, performance evaluations may not be conducted or transmitted via e-mail. Section 4.5.5 Unauthorized access of e-mail, use of other employees' passwords and disclosure of other employees' passwords is strictly prohibited. Unauthorized use of codes or passwords intended to gain access to other employees' e-mail accounts is prohibited. Likewise, the unauthorized disclosure of other employees'passwords is prohibited. As a condition of employment and continued employment, all employees are required to sign an e-mail acknowledgement form. (Appendix J) Section 4.6 Personal Use of Telephones Employees are permitted to use City telephones for personal use on limited basis and for local calls only. Approval to use City telephones for personal business may be withdrawn by Department Heads if it becomes excessive or if use causes interference with work duties. Employees maybe required to pay for any none city business calls they make which are charged to the City. This policy is subject to change, as the City deems necessary. Section 5 Disciplinary Action Section 5.1 Reasons for Discipline Employees of the United City of Yorkville are expected to perform satisfactorily their assigned duties. It is the duty of the Department Heads to oversee conduct and work performance of said employees within their respective departments. Unless otherwise set forth under a written contract of employment or unless provided otherwise by the Board of Fire and Police Commissioners, employment with the City is at-will, and employees can be discharged with or without cause, at any time at the sole discretion of the Mayor. Reasons for disciplinary action may include, but are not limited to,the following: a. Incompetence, negligence, inefficiency, or failure or inability to perform assigned duties. b. Abusiveness in attitude or language, or in conduct resulting in physical harm, injury or harassment to City employees or the public. c. Violation of City drug and alcohol policies. d. Violation of any lawful or official regulation, order or rule, or failure to comply with any lawful direction given by your superior. e. Conviction of a felony or any criminal misdemeanor set forth in Section 10-1-7 of the Illinois Compiled Statutes. 18 United City of Yorkville Employee Manual Final 02-10-04 f. Causing damage to public property or waste of City supplies through negligence or willful misconduct, or failure to take reasonable care of City property. g. Falsifying employment applications or City records. h. Absence from scheduled work without prior authorization i. Claiming sick leave under false pretenses. j. Absence without leave for a period of three (3) days (an involuntary resignation), or a failure to report after leave of absence has expired or has been disapproved, revoked, or canceled by the employee's superior. k. Work history shows excessive or chronic absenteeism. 1. Insubordination. m. Any other reason as determined by a Supervisor, Department Head, or Mayor. n. Failure to comply with established safety rules. These examples are not all-inclusive, and other conduct not specifically covered above may result in disciplinary action depending upon the circumstances. Section 5.2 Discipline Procedure The City is committed to assisting all employees who are not performing their job duties at expected standards. The City shall take any or all of the following steps in developing a "remediation plan" for employees with performance problems, although remediation may not be appropriate for all employees. The City, in its discretion, will determine when remediation will be made available to an employee, as well as what steps shall be included in a remediation plan. 5.2.1 Remediation Notice and a chance to improve. Department Head shall inform the employee of his performance problems or shortcomings, and provide a reasonable opportunity to improve. Specific Information. Department Head shall let the employee know exactly what the problem is, and set up an improvement program that calls for specific actions by stated deadlines. Furthermore, the Department Head may recommend that the employee contact the Employee Assistance Program. Maintenance of Records. Early warnings may take the form of verbal counseling; further warnings shall be in writing and these warnings are performance based warnings. Department Head shall place copies of any performance based warnings in the employee's personnel file. Employees shall be given the opportunity to sign warnings. Signing does not constitute the acceptance of such warning, but acknowledges employee is aware of the warning. Performance based warnings will be reviewed every 365 days or one year after issuance. If the employee has improved, the warning may be removed from his/her file and sealed. 19 United City of Yorkville Employee Manual Final 02-10-04 Provide a reasonable time to improve. When setting the deadline for improvement, the Department Head shall determine what would be a reasonable time considering the problem and circumstances. 5.2.2 Disciplinary Procedure Procedure for Disciplinary Action or Terminated Review. All employees who have been notified of performance problems and directed to improve and correct such problems may be subject to discipline or discharge for the failure to do so or where further performance problems arise. Sworn employees are subject to the requirements of the Board of Fire and Police Commissioners Act. An employee can be suspended any time, with intent to discharge, without regard to the preceding steps, if he or she commits an offense for which immediate discharge is specified as a penalty or if, in the Department Head's judgment, the employee's continued presence would be contrary to the well being of the City or any of its employees. Until action by the Mayor is taken the employee shall be suspended with pay. The Mayor may seek advisory input from the City Council in regards to significant disciplinary action or terminated review for full time employees before making final determination. Purpose. The primary purpose of the disciplinary system is to correct improper behavior, not to impose penalties. The City expects its Department Heads and Supervisors to recognize situations where disciplinary measures are the most appropriate means to the end. Perspective. Discharge is an ultimate means to correct a problem, when all else has failed. An employee, whose behavior or poor performance is due to lack of knowledge or experience, should receive training and assistance, not discipline. First Violation. Counsel the employee and issue a verbal warning. The Department Head and/or Supervisor shall notify the employee that he or she is receiving a formal warning. The Department Head and/or Supervisor shall place an informal memo in the employee's history file with the employee's knowledge. The Department Head and/or Supervisor shall also inform employee of the contents of that memo. Second Violation. The Department Head and/or Supervisor shall hold a meeting with the employee, at which time the nature of the offense will be explained, and the employee shall be warned that any repetition could lead to the suspension or discharge of the employee. The Department Head and/or Supervisor shall offer help to the employee in solving the problem. A formal written warning shall be issued concerning the prior incident. One copy shall be given to the employee and one copy shall be placed in the employee's file. Third Violation. The employee shall be suspended up to five (5) days without pay upon approval by the City Administrator, Chief of Police or Executive Director of Parks and Recreation. The employee shall be warned that a single further offense may be grounds for suspension up to thirty days or discharge. Upon the third violation, the Mayor and City Council shall be notified. Fourth Violation. The employee shall be given a suspension more than five (5) days up to thirty(30) days or discharged, observing the procedures in this manual for processing an involuntary termination. The Mayor, if time allows with advice from the City Council shall approve any suspension recommended by the City Administrator, Chief of Police, or Executive Director of Parks and Recreation that is more than five (5) days without pay. 20 United City of Yorkville Employee Manual Final 02-10-04 Section 5.3 Grievance Procedure A grievance is defined as any expressed difference, dispute or controversy between an employee and the City, concerning the circumstances and conditions that concern the working relationship or work environment, however discipline and discharge procedures are not subject to review under the grievance procedure. If an employee has any complaint that cannot be handled orally by consultation with his immediate supervisor, they may submit in writing within fifteen(15) calendar days, his grievance to both the Department Head and the City Administrator, for review by the City Administrator. When the City Administrator has reached a decision regarding the resolution of the problem a letter or memo shall be sent back to the Department Head and to the employee within thirty(30) calendar days. In the event the employee is not satisfied with the resolution proposed by the City Administrator,the employee may request within twenty-one (2 1) calendar days an independent review by the Mayor. The Mayor will respond in writing to the employee, the employee's immediate supervisor, Department Head, and City Administrator, within thirty(30) calendar days. Any action taken by the Mayor will be final. This grievance procedure does not include any employee who is covered by a collective bargaining agreement unless specifically specified within the agreement. Section 6 Payroll Administration, Hours of Work and Overtime Section 6.1 Regular Hours of Work Section 6.1.1 Workday hours and lunch breaks All non-exempt employees shall be scheduled for an eight and half(8.5) hour workday which includes an unpaid 1/2 hour lunch break, except sworn police officers who's workday will be determined by the Chief of Police. Lunch breaks for all City administrative offices shall be scheduled not to disrupt City services. Section 6.1.2 Public Works employee "On Call" status, duties, and payment Employees will be required for"On Call" duties to maintain the city public infrastructure. They shall be expected to check pumps and perform other such work as may be directed from time to time. The employee shall check the status of the wells, pumps, and lift stations approximately 7: 00 a.m. and wells again at approximately 4:00 p.m. for which they shall receive a minimum of two hours pay at the overtime rate. Personnel so selected for"On Call" duty shall be available for emergencies unless other arrangements are made between employees. Any such arrangements made shall require notification to the Department Head. Section 6.1.3 Work Schedule The work week shall consist of forty(40) hours per week for all City non-exempt full time employees. The Department Head shall determine the length of the shift and starting time providing there is no disruption to City services. Furthermore, the Mayor and City Council shall determine the hours of operations for all City administrative services. 21 United City of Yorkville Employee Manual Final 02-10-04 Section 6.2 Shift Changes All employees shall normally be given fourteen (14) days notice of any changes in regular working hours, except in cases of emergency, or by mutual consent of employee and Department Head. Section 6.3 Payroll Administration All salaried, hourly, and part-time personnel shall be paid biweekly. Up to a one-week delay in payment may be in effect for regular and overtime hours. Further payroll and reimbursement policy details are as follows: a. Paychecks will be issued no later than 12:00 p.m. on payday. b. All full-time employees with health insurance coverage will have $1.00 withheld from the first paycheck of each month for their contribution to the health insurance costs. (Participating plan.) This fee is subject to change upon a review and approval by the City Council with a ninety(90) day notice to the employees that the City Council is reviewing a proposal to change plans or fee structure before approval. c. Insurance reimbursement checks shall be issued with all other vendor checks only after approval by City Council. d. Department Heads or their designee shall distribute payroll checks. e. All dental and vision assistance request must be given to the Accounting Clerk by April 30 of the current year except as stated in Section 8.3b Rollover Dental Vision Policy. f. All the above shall apply unless extraordinary circumstances prevent them from occurring. g. Hourly pay is defined as base pay plus all stipends. Section 6.4 Callback Pay All full time employees covered by this Personnel Policy who are called back to work after having left after a full scheduled work day shall receive a minimum of two (2) hours work at time and one half pay. A call back is defined as an assignment of work that does not immediately precede or follow an employee's regularly scheduled work hours. Department Heads do not receive overtime pay, but may take time earned, when the demands of the position allow them to do so, with the approval of the Mayor. Section 6.5 Overtime Scheduling Time worked in excess of the established regular workweek hours constitutes overtime work. Before performing any overtime work the employee must receive approval from their supervisor or Department Head. 22 United City of Yorkville Employee Manual Final 02-10-04 Section 6.6 Overtime Pay a. Overtime pay shall be considered that time worked which is more than a normally scheduled workday or forty(40) hours per week. Overtime pay shall be paid at the rate of one and one-half times the hourly rate, determined by dividing the annual salary by 2,080 hours. b. All full time, non-exempt employees will be compensated for all hours worked as described within their job description and duties as authorized, which means no employee shall work as an independent contractor or receive a stipend for hours worked except as authorized as an appointed position. Employees shall be duly compensated under the FLSA for hours worked; however employees may be subject to discipline for performing unauthorized work. Section 6.7 Compensation Time a. The City encourages the use of compensatory time, provided the net result is a saving of wage expenditures. b. Compensation time for non-exempt employees is earned at the rate of 1% hours for each hour of overtime worked. C. All non-exempt, full-time employees (at their discretion and with their Department Head's approval), shall be allowed to take compensation time. This is in lieu of any overtime hours worked for which an employee waives overtime pay. An employee is allowed to use compensation time by the hour and/or day provided compensation time is earned and overtime is waived before requesting compensation time. Sworn full-time employees may take compensation time, as outlined in their police collective bargaining agreement. d. There is a cap of 240 hours of compensatory time that may be accrued for all non-exempt employees. The City reserves the right to require employees to use compensatory time or to "cash out" accrued hours except forty(40) hours at any time with a thirty(30) day written notice to their Department Head. e. Upon termination of employment, the employee will receive cash compensation for any accrued comp time remaining. f. The City will honor an employee's request to use comp time within a reasonable period of time following the proper request, so long as the use of the comp time will not "unduly disrupt" the City's operations. Section 6.8 Pay Adjustments a. Wages for all City employees shall be reviewed by April 1St of each year. Any adjustments in pay shall be granted at this time, to be effective with the first payroll of the following fiscal year, (May 1). This is not meant to imply that raises shall automatically be granted. Wages and benefits, directly related to their respective departments, is an 23 United City of Yorkville Employee Manual Final 02-10-04 addendum to this Personnel Policy. This addendum may be updated from time to time to reflect City Council approved adjustments. b. A new employee hired within six (6) months before a wage increase may not be eligible for such wage increase until satisfactory completion of a six-month period of time. Section 6.9 Longevity Pay Longevity stipend will be made to all full-time exempt and non-exempt, non-bargaining employees based on the below schedule. This stipend is added to the annual salary for non-exempt employees and exempt employees will receive the stipend on the 1St pay period of the employee's anniversary of date of hire. After 6 years, but less than 9 years $ 750 After 9 years, but less than 14 years $1000 After 14 years, but less than 20 years $1250 After 20 years, but less than 25 years $1500 After 25 years $2000 Section 7 Leave Time Section 7.1 Vacation Leave a. Employment anniversary dates shall govern the number of vacation days allowed. b. Full-time and eligible part-time employees are entitled to the following vacation time. First year employees shall not receive a vacation until the completion of one year of employment, unless otherwise approved by the Mayor and City Council. One (1) year through five (5) years - (80 hours) Six(6) years through ten(10) years - (120 hours) Eleven(11) years or more - (160 hours) C. Employees earning eighty(80) or more hours vacation may take up to forty(40) hours vacation as pay, subject to the approval of the Department Head. d. Vacations are normally requested in forty(40) hour increments. Eight (8) hours of vacation leave may be taken in single days with the approval of the Department Head. All requests must be submitted at least fourteen(14) days in advance and approved by the Department Head. Any vacation request submitted for the calendar year by February 28th will be approved based on seniority and scheduling to provide essential services. When the vacation leave request is approved the employee has reserved his right to his leave; however, all leaves are subject to review and/or cancellation for major emergencies or extreme circumstances, which may cause a personnel shortage. e. Provided the employee has made a reasonable effort to take vacation time, but such time was denied due to scheduling problems, one week of unused vacation time may be 24 United City of Yorkville Employee Manual Final 02-10-04 carried over into the next year, or the employee shall receive pay for the unused vacation. The Department Head shall make this decision. f. Upon termination of employment,the employee shall receive prorated accumulated vacation pay on the basis of 1/12 for each full month worked past the employee's appointment date, based upon the employee's vacation time determined by length of employment. Section 7.2 Holiday Leave a. Holiday pay shall be paid to all full-time employees. b. All employees shall receive their normal rate of pay with the day off. This is not intended to imply they shall receive any additional pay, but only the pay they would have received had they worked the day as a normal workday. C. All sworn, non-exempt, full-time employees'Holiday Pay will be covered as outlined in the police collective bargaining agreement. d. Public Works employees called in to work on a holiday shall receive double pay for the number of hours worked. This means that an Employee shall receive his holiday pay, plus double time pay for hours worked. e. The following twelve (12) holidays shall be observed: New Years Day Martin Luther King, Jr.'s Birthday President's Day Good Friday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Day Christmas Day f. Besides the twelve (12) holidays listed, all employees shall receive two (2) floating holidays, which cannot be accumulated if not taken. Department Head's approval must be obtained before taking the floating holidays. Section 7.3 Sick Leave Section 7.3.1 Purpose, Allowance, and Accumulation. Sick leave with pay is provided as a benefit in recognition that employees do contract various illnesses from time to time and that their financial resources may be diminished 25 United City of Yorkville Employee Manual Final 02-10-04 in such instances if pay is discontinued, and that it may not be in the best interest or health of the employee or fellow employees to work while sick. An employee who is unable to work by reason of a non-duty related illness, injury, or disability as contained herein may take sick leave. Employees shall accrue eight (8) sick leave hours per month to a maximum accrual of 960 hours. Section 7.3.2 Medical Verification. The City may, at its discretion, require an employee to submit a physician's verification of illness or other conclusive evidence of illness, and such verification normally will be required for illnesses requiring the use of more than twenty-four(24) hours of sick leave. Section 7.3.3 Sick Leave Utilization. Sick leave may be utilized only for the purposes as stated in the first paragraph of this section. Employees utilizing paid sick leave hours shall be compensated for them according to their normal rate of pay. Employees will use accrued sick leave in reverse accrual order. Thus, when an employee uses a sick leave hour, the last sick leave hour earned is removed from his accumulated sick leave. Abuse of sick leave shall be considered grounds for disciplinary action. Absent employees who have exhausted their accumulated sick leave shall not be compensated for further absences unless approved by the City Council. Section 7.3.4 Unused Sick Leave. On May 15 of each year, an employee who has used less than the sick leave he has accumulated in the immediately preceding fiscal year(May 1 through April 30) will be asked if he wishes to sell back the accrued sick leave earned in that fiscal year at a rate equivalent to fifty(50%) percent of his regular rate of pay as determined on April 30th for each sick hour sold back. The number of sick leave hours for which an employee elects cash compensation shall be deducted from such employee's accumulated sick leave. Employees electing to sell back their sick leave will be paid to them by June 15th An employee who is eligible upon separation to collect a retirement pension under IMRF or the Police Pension Fund, who leaves the City's employment [through retirement, a reduction in force, or voluntary resignation] and has been employed by the City for more than ten(10) years shall be paid for all unused sick leave at fifty(50%) of his regular rate of pay for all accumulated and unused sick leave up to 960 hours. Section 7.4 Reporting of Absences All Department Heads shall keep an accurate account of any employee absences including their own. Arriving and reporting to work regularly and on time is one of the employee's prime responsibilities. Failure to be on the job when scheduled reduces the efficiency of the City. Illness should be reported to the employee's immediate supervisor one (1) hour before the start of the employee's shift. Failure to secure proper permission for the use of personal days and/or sick hours or to report illness on time may result in full loss of pay for the hours involved for non-exempt employees. Exempt employees should apprise their immediate supervisor if they will not be present during normal business. 26 United City of Yorkville Employee Manual Final 02-10-04 Section 7.5 Duty-Related Illness or Leave In the event of a work-related accident or death that occurs while on the job, all employees are eligible for worker's compensation as provided by law. Employees covered by a collective bargaining agreement should consult the relevant agreement for additional information. The Department Head may consider a light duty program for any employee who has a medical release to return to limited duty. Section 7.6 Emergency and Bereavement Leave Time away from the job due to emergencies will be granted at the discretion of the Department Head. The Department Head shall make the decision whether non-exempt employees shall receive paid or unpaid time off, or shall be required to make up missed time. Exempt or Supervisory employees shall be permitted to take emergency leave at the discretion of the Mayor or his/her designee, and where the need for leave is a day or more, the City may, at its discretion, designate such leave as unpaid leave time. Emergency time off for bereavement will only be allowed in the case of death of an immediate family member, (mother, father, brother, sister, child, spouse, mother-in-law, father-in-law), or in special cases as approved by Department Head. These days are separate from floating holidays and sick hours. Section 7.7 Military Leave The City will provide for leaves for uniformed or military service in accordance with the requirements of state and federal laws. If an employee needs to take leave for uniformed or military service, they should submit a copy of their orders along with their request for leave as soon as they become aware of the need for leave. Please contact the City Administrator for further details about the uniformed or military leave rights. These provisions apply to all Illinois employers, including public employers. Furthermore, employees who are members of the reservists—either in the U.S. Armed Services or in the Illinois National Guard —are entitled to the following benefits (under Illinois Law)when mobilized to active military duty by presidential order: • Continuing compensation(minus the amount of the employee's base pay for military service) for the entire period of active military service; and • Continuing health insurance and other benefits the employee was receiving or accruing at the time the employee entered military service. Section 7.8 Jury Duty Leave Employees shall be granted leave with pay when required to be absent from work for jury duty. Employees are expected to contact their immediate supervisor and report to work when they are excused from jury service, temporarily or finally. Any payment received by the employee for jury duty shall be given to the City because the employee is receiving their full pay while on jury duty leave. 27 United City of Yorkville Employee Manual Final 02-10-04 Section 7.9 Unpaid Discretionary Leave Employees may obtain a leave of absence. The employee must seek approval for an unpaid discretionary leave from the Mayor and City Council. Such leave shall be unpaid and shall not be used to gain employment elsewhere. Section 7.10 Family and Medical Leave Section 7.10.1 General Statement It is the policy of the United City of Yorkville (the "City) to provide up to twelve (12) weeks of unpaid family and medical leave during a 12-month period to eligible employees in accordance with the Family and Medical Leave Act of 1993 ("FMLA"). The 12-month period is measured using a rolling backward year. Section 7.10.2 Eligibility In order to qualify to take family and medical leave under this policy, an employee must have worked for the city for at least twelve (12) months and at least 1,250 hours during the twelve (12) month period immediately before the date when the leave would begin. Section 7.10.3 Reasons for Leave a. A leave may be requested for any of the following reasons: (1) Child Care. To care for a child born to or placed for adoption or foster care with an employee; (2) Family Medical. To care for a spouse, child, or parent ("covered family member") with a serious health condition; or(3) Employee Medical. Because of an employee's own serious health condition which renders the employee unable to perform the functions of their position. Child Care Leave must be completed within the twelve (12) month period beginning on the date of birth or placement. In addition, spouses employed by the City who request Child Care Leave or leave to care for an ill parent may only take combined aggregate total of twelve (12) weeks during any 12-month period. b. Employees will not be granted an FMLA leave to gain employment or work elsewhere, including self-employment. Employees who misrepresent facts in order to be granted an FMLA leave will be subject to immediate termination. Section 7.10.4 Leave is Unpaid a. FMLA leave is unpaid leave. If an employee requests Child Care or Family Medical Leave, any accrued paid vacation and personal time must first be substituted and used for unpaid FMLA leave. If an employee requests Employee Medical Leave, any accrued paid vacation, personal and applicable sick leave (in that order) must first be substituted and used for any unpaid FMLA leave. The substitution of paid leave time for unpaid leave time or use of short-term disability does not extend the 12-week leave period. Employee Medical Leave will also run concurrently with leave taken under the City's disability leave policy and workers' compensation leave, if taken for an FMLA qualifying serious health condition. 28 United City of Yorkville Employee Manual Final 02-10-04 b. If an employee takes vacation time/sick leave using salary continuation for a condition that constitutes or progresses into a serious health condition, the City may designate all or some portion of such leave as under this policy, to the extent that the paid leave meets the necessary qualifications. Section 7.10.5 Notice of Leave If an employee's need for FMLA leave is foreseeable, the employee must give the City at least thirty (30) days prior written notice. Failure to provide such notice may be grounds for delay of leave. Where the need for leave is not foreseeable, the employee is expected to notify the City as soon as practicable, generally within one to two business days of learning of the employee's need for leave. A request must be made in writing on the City's forms (Appendix K), available in personnel. Section 7.10.6 Medical Certification If an employee is requesting Employee Medical or Family Medical Leave the employee and the relevant health care provider must supply appropriate medical certification. The City will supply all employees with medical certification forms. The medical certification must be provided within fifteen(15) days after it is requested, or as soon as reasonable under the circumstances. Failure to provide requested medical certification in a timely manner may result in denial of leave until it is provided. In its discretion and at its own expense, the City may require a second medical opinion, and if the first and second opinions differ, a third medical opinion. The third opinion will be provided by a health care provider approved jointly by the employee and the City and will be binding. The City may also require recertification periodically during a leave, and employees will be required to present a fitness-for-duty certificate upon return to work following an employee medical leave. Section 7.10.7 Medical and Other Benefits a. During an FMLA leave, the City will maintain the employee's health benefits on the same conditions as if the employee had continued working. If paid leave is substituted for unpaid FMLA leave, the City will deduct the employee's portion of the health plan premium as a regular payroll deduction. If the FMLA leave is unpaid, the employee must make arrangements with the City to pay his/her portion of the premium. Group health care coverage will cease if the employee's premium payment is more than thirty(30) days late, but the employee will be notified at least fifteen(15) days before coverage lapses. Additionally, if the employee fails to return from leave, the City will require repayment of any premium that was paid for maintaining the health coverage for the employee, unless the employee does not return because of a continuing or recurring serious health condition of either the employee or a covered member, or because of other circumstances beyond the employee's control. Employees are not entitled to other benefits or seniority accrual during the FMLA leave. b. Any changes in benefit plan provisions and costs may apply to individuals on FMLA leave the same as if they were actively employed, according to the terms of the applicable plan. 29 United City of Yorkville Employee Manual Final 02-10-04 Section 7.10.8 Returning from Leave a. Employees who return to work from FMLA within or on the business day following expiration of the twelve (12) weeks are entitled to return to his or her same position or to an equivalent position with equal benefits, pay or other terms and conditions of employment. The City may choose to exempt certain highly compensated ("key") employees from this requirement and not return them to the same or similar position. b. If you take an Employee Medical Leave, you will be required to provide medical certification that you are fit to resume work. Employees failing to provide the Return to Work Medical Certification Form will not be permitted to resume work until it is provided. Section 7.10.9 Reporting While on Leave The City may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. Section 7.10.10 Intermittent and Reduced Schedule Leave FMLA leave because of a serious health condition may be taken intermittently(in separate blocks of time due to a single covered health condition) or on a reduced work schedule (reducing the usual number of hours an employee works per work week or workday) if medically necessary. If FMLA leave is unpaid, the City will reduce the employee's salary based on the amount of time actually worked. In addition, while the employee is on intermittent or reduced schedule FMLA leave, the city may temporarily transfer the employee to an available alternative position that better accommodates the employee recurring leave and which has equivalent pay and benefits. Section 7.10.11 Policy Administration This policy is intended to comply with and will be administered in accordance with the Family and Medical Leave Act of 1993 and any applicable regulations, definitions and law there under, as well as any state family or medical leave laws granting additional rights that are applicable to employees employed in Illinois. Section 7.10.12 Interrelation of Leaves Any leave taken pursuant to this policy, other City policies, a collective bargaining agreement, or law which qualifies as leave under the FMLA or any applicable state family or medical leave act, will be counted against the employee's available leave under the applicable City policies, collective bargaining, and/or law, as well as the available leave under the FMLA or applicable state law, to the extent permitted by such applicable law. Section 7.11 Benefits While on Leave a. Time spent on extended unpaid leaves of absence may not be counted as creditable service for pension purposes. Further, if an employee goes on an approved, unpaid leave of absence for a period in excess of thirty(30) calendar days and wishes to continue to be 30 United City of Yorkville Employee Manual Final 02-10-04 covered by the City's health or life insurance, he or she will be responsible for payment of the total monthly insurance premiums unless otherwise provided by law. b. It is the policy of the City NOT to request the City Council to grant IMRF Pension Credit and Death and Disability Protection Leave Authorization for an employee going on unpaid discretionary leave of absence. C. Upon return, the City will place the employee in his or her previous assignment, if vacant,the employee will be placed in the first available assignment according to the employee's seniority, where skill and ability to perform the work without additional training is equal. If, upon the expiration of a leave of absence, there is no work available for the employee or if the employee could have been laid off according to his seniority except for his leave, he shall go directly on layoff. d. Employees will maintain their employment status and previously accrued benefits while on approved paid leave. Except where otherwise noted, employees will continue to accrue benefits during the time they are on approved paid leave from City service. e. Unless otherwise stated or otherwise required by law, length of service shall not accrue for an employee who is on an approved non-paid leave status. Accumulated length of service shall remain in place during that leave and shall begin to accrue again when the employee returns to work on a pay status. Unless otherwise stated, an employee returning from leave will have his seniority continued after the period of the leave. Section 8 Employee Benefits All employees will be required to notify the employer of any changes in address or other personal information. Section 8.1 Health and Life Insurance Coverage a. All full-time and eligible part-time employees are covered under the City's health insurance plan. There may be a waiting period before new employees are eligible for coverage. After completion of the waiting period, insurance shall begin on the first day eligible as determined by the health insurance policy then in effect. The City agrees to pay the premium thereafter for employees and their dependents, except for $1/month participation by the employee and the City reserves the right to change the monthly participation fee. The City will make every effort to provide employees with a ninety (90) day written notice of any proposed change. b. The City shall provide life insurance for full-time and eligible part-time employees, in the amount of$50,000. Spouses will be insured at $5,000 and dependents at $2,000. C. Summary plan descriptions (SPD's), which explain coverage of your health and life insurance benefits in greater detail are available from the Accounting Clerk. The actual plan documents, which are available by making a written request to the Accounting Clerk, are the final authority in all matters relating to the benefits described in this Manual or in the summary plan description and will govern in the event of any conflict. 31 United City of Yorkville Employee Manual Final 02-10-04 Additionally, the City reserves the right to change insurance carriers, change health maintenance organizations, self-insure, and/or change or eliminate any benefits at any time with a ninety(90) day notice, when practical in accordance with applicable law. Section 8.2 Pension Participation Section 8.2.1 Eligibility All employees who work 1,000 hours or more per calendar year are covered by the Illinois Municipal Retirement Fund(I.M.R.F.) pension to which the City and employees shall contribute. Section 8.2.2 Military Service Credit (Appendix L) All employees who were in active participating status under IMRF on the date of June 14, 2001 shall be allowed service credit to employees who served in the armed forces of the United States for up to two (2) years of service, prior to their participation in the Illinois Municipal Retirement Fund Section 8.3 Vision and Dental Assistance Employees and dependents shall receive the following vision and dental assistance in total. The amounts listed below may be increased from time to time by resolution. Please check current records. Employee.........$300 per year Dependents......$250 per year per dependent Note: An employee may opt to utilize an eligible coverage for himself or herself and/or his or her dependents, for one or more individuals of his family. a. Bills must be paid by employee, and the employee will be reimbursed. Reimbursement requests must be submitted to the Department Head for approval. b. Employees may rollover remainder dental/vision funds for a time span of three (3) fiscal years to allow them to use the benefits cumulatively. (Appendix M) The maximum dollar amount an employee may keep accumulated is $3000. Section 8.4 Continuation of Medical Coverage An employee, who would otherwise lose group health insurance coverage because of a reduction in working hours or the termination of employment for reasons other than gross misconduct, is eligible to continue under the City's plan up to 18 months or for such other period time prescribed by law. The City will notify an employee of the time period for which continuation coverage may be provided. If an employee elects to continue coverage, he or she will be responsible for payment of the full premium, which amount may change from time to time. 32 United City of Yorkville Employee Manual Final 02-10-04 Section 8.5 Uniform Allowance The City shall provide uniforms for all full-time and eligible part-time employees, required to wear uniforms. Replacement shall be provided, as authorized by the Department Head. The specifics of uniform style shall be defined in Departmental Policy and approved by the City Council. Section 8.6 Education and Training a. The City shall pay all expenses including wages at "regular" pay, travel, and training fees for any full-time or approved part-time employees enrolling in "required" training courses. b. All requests by an employee for the enrollment to a college degree or certificate program must be submitted by the Department Head to the Mayor and City Council for approval. Then all courses related to the program shall be eligible for payment subject to budget approval. This provision shall be subject to change and does not entitle any employee the exclusive right to receive approval. Furthermore, the employee shall provide a grade or transcript to the Department Head upon the completion of each course. Any revisions or change requested by the employee to the approved program must be submitted to the Department Head for approval prior to the revision or change. C. The City may pay all expenses of an elective course. An elective course is one that may benefit the City by added knowledge, but is not directly related to City operations. d. The tuition and fees only(no books or materials) of an elective or required course will be paid through direct billing from the appropriate school. The employee will sign the payroll deduction form prior to the enrollment of the course stipulating to the following provisions will apply: if a grade of a C-average or better is attained upon the completion of the course the class will be considered complete and paid for by the City. If less than a C-average is attained, the employee will be required to pay back 100% of the tuition and fees to the City through a payroll deduction as stipulated within the payroll deduction sign off form or direct payment to the City. e. All Department Heads will complete the Off-Premises Training Hours Worked Agreement form(Appendix N) for all employees who attend training outside the Chicago Metropolitan area. f. If arrangements can be made with company or institutions that are more advantageous to the City, efforts will be made to benefit from those arrangements. Employees taking off- shift classes that are required shall be paid at their regular rate of pay, including mileage. g. When seminars are deemed in the best interest of the City by the Department Head and the appropriate City Council Committee, only Committee approval is needed to send an employee to the seminar and pay expenses incurred. However, if the seminar or conference is stated within the narrative of the budget this constitutes approval. 33 United City of Yorkville Employee Manual Final 02-10-04 In addition, all out-of-state travel for meetings/seminars/training/conferences that have numerous locations the Department Head must select the most cost effective destination. For any request that is not included within the narrative of the budget the Department Head must receive approval by the Mayor and the appropriate City Council Committee_ h. Educational stipends will be paid for education in their related field over that required for entry level of that position as follows for all full-time non-bargaining employees: Associate Degree or 60 Credit Hours 2% Bachelor's Degree 2% Master's Degree 2% This stipend is applicable only to one (1) degree beyond that necessary for entry level of that position except that all are eligible to earn up to the Bachelor Degree level as outlined above (one-time annual salary adjustment.) Section 8.7 Travel Expenses Meals and Lodging. Employee's lodging and meal expenses shall be covered as a maximum reimbursement per diem while traveling on City Business. A Department Head will submit a per diem request prior to the event with his/her signature to the Accounting Clerk for bill list issuance of a check of the receipts may be submitted after the event for reimbursement of the actual amount spent up to a maximum of$40 per day for meals. Per Diem will not be paid for a meal included with the price of registration of the event. The $40.00 per day allowance for meals will be broken down as follows: $10.00 for breakfast, $10.00 for lunch, and $20.00 for dinner. Lodging will be set at a standard/Government/conference rate not to exceed $150.00 per night and prior approval from the Department Head must be obtained for any and all increases to this amount for lodging. The Meals, Mileage and Lodging form must be submitted, but if the amounts are greater than the above, receipts must accompany the form and have the Department Head's approval. Section 8.8 Internal Revenue 457 Deferred Compensation Plan (Appendix O) The City offers for all full time employees to participate in an Internal Revenue Code 457 Deferred Compensation Plan, which creates the opportunity for financial benefits and favorable tax treatment on the part of its employees. The employee contacts the Human Resource Clerk to receive and complete the appropriate documents to enroll in the plan. Section 8.9 Employee Credit Union (Appendix P) The City offers for all employees to participate and become members of the Aurora Earthmovers Credit Union. The City will assist in any necessary or required deductions and payments to the Aurora Earthmovers Credit Union for any of the employees who become members. The employee contacts the Human Resource Clerk to receive and complete the appropriate documents to enroll in the plan. 34 United City of Yorkville Employee Manual Final 02-10-04 APPENDICES A. Employee Manual Acknowledgement Form B. Board of Fire and Police Commissioners—Ordinance#2001-40 C. Employment Background Check Wavier and Release of All Claims Form D. Equal Employment Policy—Resolution# 1993-18 E. Employee Assistance Program Resolution#1996-10 F. Drug Free Workplace Policy—Resolution# 1993-17 G. State Gift Ban Act—Ordinance#1999-12 H. Safety Policy Resolution#1997-08 I. Vehicle Policy- Approved 12/8/00 J. E-Mail, Voice mail, Computer and Office Equipment Acknowledgement Form K. Family Medical Leave Act Leave Request Form L. Illinois Municipal Retirement Fund Service Credit for Military Service - Resolution#2001-31 M. Accrual of Dental and Vision Benefits—Resolution#2001-23 N. Off-Premise Training Hours Worked Agreement O. Internal Revenue Code 457 Deferred Compensation Plan for Employees—Resolution#1994-16 P. Credit Union—Resolution#1996-02 Listing of Appendices APPENDIX A EMPLOYEE ACKNOWLEDGMENT FORM EMPLOYEE ACKNOWLEDGEMENT FORM I acknowledge having received a copy of the United City of Yorkville's Employee Manual and I agree to read and become familiar with its contents. I understand that this Manual is not an express or implied contract of employment and that it does not create any rights in the nature of an employment contract. Rather,this Manual is an overview of personnel policies related to my employment. Nothing shall restrict my right to terminate my employment at any time and nothing shall restrict the right of the City to terminate my employment at any time. I also understand that all the policies, rules, and regulations in the Manual may be changed from time to time. Employee Signature Employee's Printed Name Date of Acknowledgement Revision Date of Manual: APPENDIX B ORDINANCE#2001-40—BOARD OF FIRE AND POLICE COMMISSIONERS ORDINANCE#2001-40 AN ORDINANCE CREATING A BOARD OF FIRE AND POLICE COMMISSIONERS FOR THE UNITED CITY OF YORKVILLE. WHEREAS,based upon the results of the current Census taken in the fiscal year 2000-2001 confirmed by the Federal Government,the population of the United City of Yorkville now exceeds 5;000 inhabitants; and . WHEREAS, pursuant to 65 ILCS 5/10-2.1-1 et. seq. it is required pursuant to the Illinois Municipal Code that a Board of Fire and Police Corilmissioners be created for the purpose of regulating and providing the hiring, discipline, negotiation of contracts, and all matters relevant to a Municipal Police and/or Fire Department if such exists; and WHEREAS, the United City of Yorkville has a full-time Municipal Police Force, but does not have a Municipal Fire Department that will come under the jurisdiction of the Board of Fire and Police Commissioners; and WHEREAS,the City Council of the United City of Yorkville and the Mayor are required to appoint an initial Board of Fire and Police Commissioners, based upon the nomination of the Mayor, consent of the City Council, and qualification of office by execution of the appropriate Affidavit as .is required by Statute complying with the terms of qualification for said appointment; and WHEREAS, all statutory notices, time frame-, and other actions necessary for the creation and adoption of the Board of Fire and Police Commissioners have been taken by the United City of Yorkville; and the City Council and Mayor having reviewed the contents of this Ordinance and deeming it in the best interest of the United City of Yorkville to adopt and approve: NOW THEREFORE, upon motion duly made, seconded, and approved by a majority of those so voting the following action is hereby Ordained and enacted by the United City of Yorkville: SECTION 1: CREATION That a Board of Fire and Police Commissioners is hereby created to manage the affairs of the Municipal Police Department of the United City of Yorkville, to provide rule-making for the operation of said Department; to assume all duties of hiring, discipline, retirement regulation and the like for the successful operation of the United City of Yorkville Municipal Police Department. The Chief of Police will remain a position appointed by the Mayor with the advice and consent of the City Council and will not be hired or disciplined by the Board of Fire and Police Commissioners. SECTION 2: TERM The Mayor of the United City of Yorkville, with the consent of the City Council shall appoint three members to said Police Board within thirty days (30) of the passage of this Ordinance pursuant to section 5/10-2.1-2 of the Illinois Municipal Code. One member shall serve by appointment until the end of the current fiscal year of April 30, 2002 one appointed member shall serve until the conclusion of the next City Municipal fiscal year concluding on Apri130, 2003; and the third member shall be appointed for a term that shall cease on April 30, 2004. Thereafter at the next successive appointment for each respective office, the Commissioners so appointed shall be appointed for a three year term by the Mayor with the consent of the City Council. APPENDIX B ORDINANCE#2001-40—BOARD OF FIRE AND POLICE COMMISSIONERS SECTION 3: QUALIFICATIONS OF OFFICE Upon appointment as a Commissioner to the United City of Yorkville Board of Fire and Police Commissioners, the individuals so taking office shall execute an Affidavit under oath prior to taking office setting forth the following qualifications in order to serve as a Commissioner on the Board of Fire and Police Commissioners pursuant to the Illinois Municipal Code: A. Affiant has not been convicted of a felony under the laws of this State or any comparable laws of any other State or the United States. B. Affiant shall not be related either by blood or marriage up to the degree of first cousin to any elected official of the United City of Yorkville. C. Affiant is aware that no more than two members of the Board of Fire and Police Commissioner shall belong to the same political party existing in the Municipality at the time of the appointment as defined in Section 10-2 of the Illinois Election Code, or of any State or National Political Party. D. Affiant may not be employed by, or hold an appointed or elected office of the Municipality of the United City of Yorkville while serving as a member of the Board of Fire and Police Commissioners. E. Affiant must be a registered voter of the Municipality of the United City of Yorkville and have resided with the United City of Yorkville and qualified as an elector for at least one year prior to appointment as a Commissioner. F. Affiant shall not be interested directly or indirectly, in any contract, work or business of the Municipality or sale of any article of goods, services, or contract of any kind to or with the Municipality of The United City of Yorkville. G. Affiant may not be a purchaser, or seller of any real property to the Municipality or be involved in the purchase or sale of real estate for delinquent real estate taxes within The United City of Yorkville. SECTION 4: SAVINGS CLAUSE To the extent that this Ordinance is in conflict with any presently existing Ordinance or portion thereof, such prior conflicting Ordinance or part thereof is hereby repealed. The repeal of any Ordinance by this Ordinance shall not affect any right accrued or liability incurred under such repealed Ordinance. SECTION 5: SEVERABILITY Should any provision of this Ordinance be declared invalid by a court of competent jurisdiction,the remaining provisions will remain if full force and effect the same as if the invalid provision has not been a part of this Ordinance. SECTION 6: EFFECTIVE DATE, This Ordinance shall be in full force and effect July 12, 2001 from and after its passage and approval by the Mayor and City Council. APPENDIX B ORDINANCE#2001 40—BOARD OF FIRE AND POLICE COM IISSIONERS IN WITNESS WHEREOF,this Ordinance bas been macted this Jay of J 2001. tA MIKE ANDERSON JOSEPH BESCO VALERIE BURD PAUL JAMES IVI LARRY KOT MARTY MUNNS ROSE SPEARS. . RICHARD STICKA APPROVED py me,as Mayor of the United City of Yorkville.Kendall County,Illinois,this day Of T AD. 2001. YOR PASSED�th Ci Counc7 of the United City of YorkvMe,Kendall County.Illinois this vj l Day of A.D..2001. Atte CITY SERK Prepared by: Law Offices of Daniel J.Kramer 1107A S.Bridge Street Yorkville, Illinois 60560 630.5539500 APPENDIX B ORDINANCE#2001-40—BOARD OF FIRE AND POLICE COMMISSIONERS AFFIDAVIT OF PROSPECTIVE COMMISSIONER FOR UNITED CITY OF YORKVILLE BOARD OF FIRE AND POLICE COMMISSION NOW COMES the undersigned Affiant, being first duly sworn on oath, who in support of the Affiant's nomination as a Commissioner of the United City of Yorkville Fire and Police Commission does state as follows: A. I have not been convicted of a felony under the laws of this State or any comparable laws of any other State or the United States. B. I am not related either by blood or marriage up to the degree of first cousin to any elected official of the United City of Yorkville. C. I am a member of the following political parties: I acknowledge the requirement of Illinois Law that provides that no more than two members of the Board of Fire and Police Commissioner shall belong to the same political party existing in the Municipality at the time of the appointment as defined in Section 10-2 of the Illinois Election Code, or of any State or National Political Party. D. I am not employed by the United City of Yorkville. I do not hold an appointed or elected, office in the United City of Yorkville. I acknowledge that I cannot be employed by or hold appointed or elected office in the United City of Yorkville while serving as a member of the Board of Fire and Police Commissioners. E. I am a registered voter in the United City of Yorkville and have resided with the United City of Yorkville, qualified as an elector, for at least one year prior to my appointment as a Commissioner. F. I am not interested directly or indirectly, in any contract, work or business of the Municipality or sale of any article of goods, services, or contract of any kind to or with the United City of Yorkville. G. I am not a purchaser or seller of any real property to the United City of Yorkville and I am not involved in the purchase or sale of real estate for delinquent real estate taxes within the United City of Yorkville. 1 further hereby acknowledge and. confirm that the contents of the above Affidavit are true and correct and have fully disclosed any qualification that would prohibit me from acting as a Commissioner of the United City of Yorkville Board of Fire and Police Commissioners. Date: Affiant: APPENDIX B ORDINANCE#2001-40—BOARD OF FIRE AND POLICE COMMISSIONERS STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) The Affiant, .being first duly swom on oath, deposes and states that he/she is the Affiant who signed the foregoing Affidavit; that he/she understands the contents thereof, and the same are true and correct. AFFIANT Subscribed and sworn to before me, NOTARY PUBLIC APPENDIX C CRIMINAL BACKGROUND CHECK WAIVER AND RELEASE OF ALL CLAIMS FORM CRIMINAL BACKGROUND CHECK WAIVER AND RELEASE OF ALL CLAIMS FORM Please read this form carefully and be aware that by agreeing to allow the United City of Yorkville to investigate your criminal background, you will be waiving and releasing all claims for damages you might sustain arising out of the criminal background check and review. I understand that a successful criminal background check is a condition of my employment or volunteerism with the City of Yorkville. I agree to waive and relinquish all claims I may have against the City of Yorkville and its officers, agents, servants, and employees, as a result of participating in the criminal background check. I do hereby fully release and discharge the City of Yorkville, its respective officers, agents, servants, and employees from any and all claims from damages which I may have or which may accrue to me on account of the results of any aspect of the criminal background check. I have read and fully understand this Waiver and Release of All Claims. Signature Date Printed Name ******************************************************************************** Please complete First Name Middle Name Last Name Maiden Last Name Date of Birth Sex Race Social Security Number Driver's License Number State APPENDIX D RESOLUTION#93-18 -EQUAL EMPLOYMENT POLICY RESOLUTION#93-18 UNITED CITY OF YORKVILLE EQUAL EMPLOYMENT POLICY NOW THAT IT BE RESOLVED THAT THE CITY OF YORKVILLE 1. Adopts the attached EQUAL EMPLOYMENT POLICY. 2. Authorizes the City Administrator to implement this policy and enforce its provisions. THE UNITED CITY OF.THE VILLAGE OF YORKVEUS. Approved ;hie day of . 1993. MAY R CITY CLERK UNITED CITY OF YORKVILLE EQUAL EMPLOYMENT POLICY It is the policy of the City of Yorkville to promote nondiscriminatory practices in its hiring and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act (42 U.S.C. § 2000), and all State Civil Rights Legislation. No person shall, on the grounds of race, sex, religion, color, national origin, age, or handicap be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or in part,by Federal funds. The City Administrator shall oversee civil rights compliance. APPENDIX E RESOLUTION#1996-10-EMPLOYEE ASSISTANCE PROGRAM RESOLUTION#1996-10 (APPROVED APRIL 25, 1996) RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO MERCY CENTER EMPLOYEE ASSISTANCE PROGRAM CONTRACT AGREEMENT WITH THE UNITED CITY OF THE VILLAGE OF YORKVILLE WHEREAS, MERCY CENTER HEALTH CARE SERVICES, offers an Occupational Health Services Employee Assistance Program; and WHEREAS,this program is to provide assistance to Employers and their Employees to assist, counsel and support Employees who have personal problems that mayor may not effect their job performance; and WHEREAS,the Mayor and the City Council of THE UNITED CITY OF THE VILLAGE OF YORKVILLE after reviewing such an Occupational Services Program believe it is in the best interest of the Employees of THE UNITED CITY OF THE VILLAGE OF YORKVILLE and the Citizens of the VILLAGE OF YORKVILLE that the CITY OF YORKVILLE enter into such an Agreement; and WHEREAS,the City Council and the Mayor believe that such a program will serve the best interest of the community in that it will allow Employees of the CITY OF YORKVILLE to meet the services that they need to assist them and to adjust to these problems and maintain a good work record and be able to more fully address the job duties with THE UNITED CITY OF THE VILLAGE OF YORKVILLE; and WHEREAS, this Program provides for a financial benefit in that it provides reduced rates then those of an individual who would seek such services on their own, and therefore is a savings to the CITY OF YORKVILLE overall; and WHEREAS, allowing Employees to seek help for problems through this program will greatly assist the City in maintaining a high level of Employee moral and also maintaining a level of benefits to keep the Employees at a maximum level of service to THE CITY OF YORKVILLE: NOW THEREFORE THAT IT IS RESOL VED BY THE UNITED CITY OF THE VILLAGE OF YORKVILLE that the Mayor is authorized to enter into the Employee Assistance Program Contract Agreement between the UNITED CITY OF THE VILLAGE OF YORKVILLE and MERCY CENTER FOR HEALTH CARE SERVICES. Said Agreement is attached hereto as Exhibit "A". YOR . ATTEST: 1 P Law Offices of Daniel J_. Krat:ier 1107A South Bridge St Yorkville, Blinois 60560 708.553.9500 APPENDIX E RESOLUTION#1996-10-EMPLOYEE ASSISTANCE PROGRAM OCCUPATIONAL HEALTH SERVICES EMPLOYEE ASSISTANCE PROGRAM (EXHIBIT A TO RESOLUTOIN#19%-10) This Agreement between Mercy Center for Health Care Services, an Illinois not for profit corporation, ("Mercy Center")the City of Yorkville ("Employer") is effective the 1 st day of May, 1996. 1. The goal of this Agreement is to establish an Employee Assistance Program(EAP) for the benefit of the Employer and its employees by establishing and implementing an employee approved mechanism to assist, counsel and support employees who have personal problems that may, or may not, affect their job performance. 2. The basic elements of an EAP include: a) identifying the Employee Assistance Liaison b) assisting the Employer in the development of a written EAP policy and promotional plan c) approval of the EAP policy by management d) supervisor training e) notification to and orientation of employees and their families, and f) establishing a reporting mechanism Mercy Center will assist Employer in the development and implementation of the EAP as requested by the Employer. The actual scope of Mercy Center's services to be performed under this Agreement is set forth in Exhibit A attached hereto. 3. For all services rendered by Mercy Center,Employer agrees to pay Mercy Center the fees set forth in the Schedule of Fees attached hereto as Exhibit B.Unless otherwise stated in Exhibit B, Employer agrees to pay Mercy Center's fee on a quarterly basis, beginning the first of the month following supervisor training. Invoices for amounts due Mercy Center more than thirty(3 0) days past due shall bear interest at the rate of twelve(12)percent per annum until paid. 4. A Mercy Center staff member will be designated as the Employee Assistance Director, for the Employer's EAP. The employee's initial contact will be with the Director or appropriate designee, who will determine the nature and extent of the employee's problem and develop an intervention plan. In cases where short term counseling is indicated, i.e. , one (1)to three (3) counseling sessions,the Director or designee will provide the needed counseling at Mercy Center on an outpatient basis. 6. Employer acknowledges and understands that alcohol and drug abuse information disclosed to the Employer is protected by federal confidentiality rules(42 CFR Part 2) and that federal rules prohibit the Employer from making any further disclosure of this information, unless further disclosure is expressly permitted by the person to whom it pertains. The federal rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient. APPENDIX E RESOLUTION#1996-10-EMPLOYEE ASSISTANCE PROGRAM 7. The parties recognize that this Agreement at all times is to be subject to applicable state, local and federal laws and regulations. This Agreement shall be subject to amendments in such laws and regulations and to new legislation. Any provisions of law that invalidate, or otherwise are inconsistent with the terms of this Agreement, or that would cause one or both of the parties to be in violation of the law, shall be deemed to have superseded the terms of this Agreement,provided,however,that the parties shall exercise their best efforts to accommodate the term and intent of this Agreement to the greatest extent possible consistent with the requirements of law. 8. Unless terminated earlier,this Agreement shall remain in effect for a period of one (1) year from the date hereof. After the expiration of the first three(3)months of this Agreement, either party may terminate this Agreement upon sixty(60) days prior written notice to the other parry. 9. This Agreement contains the entire understanding of the parties and supersedes all prior written or oral representations,negotiations, communications, understandings or agreements concerning the subject matter hereof. 10. The terms of this Agreement may be amended, modified, or cancelled only through written instrument signed by both parties. 11. This Agreement shall be governed and interpreted under the laws of the State of Illinois. 12. This Agreement may not be assigned or subcontracted in whole or in part by either party. OCCUPATIONAL HEALTH SERVICES EMPLOYEE ASSISTANCE PROGRAM EXHIBIT A WITNESSETH WHEREAS, Mercy Center is a hospital in the business of providing a wide range of medical and health care services, including, but not limited to,the assessment, counseling, treatment and referral of patients; WHEREAS, Mercy Center has developed an Employee Assistance Program("EAP") designed to assist corporations in handling the social, behavioral and other life problems of employees; and WHEREAS, Employer desires to implement the EAP for the benefit of its employees. NOW, THEREFORE, for and in consideration of the premises and covenants contained herein,the parties agree to develop and implement the EAP to the Employer's place of business in accordance with the following terms and conditions: I. DEFINITIONS A. The EAP The EAP is a program whereby Employer-makes available to its employees and family members professional and confidential assessment and referral of social, behavioral and other life problems. The specific services provided pursuant to the EAP are further described in paragraph 2.13 of this Agreement. APPENDIX E RESOLUTION#1996-10-EMPLOYEE ASSISTANCE PROGRAM B. Employee Employees include all full-time employees of the Employer, who are compiled at Employer's principal place of business as stated above, from the first day of employment. C. Family Member Family members include employee's spouse and children residing in the employee's household. D. Covered Persons Covered persons include employees and family members. E. EAP Director The EAP Director shall be an employee of Mercy Center, designated to carry out the assessment, consultation and referral responsibility of Mercy Center,pursuant to this Agreement. The Director shall be experienced in employee assistance counseling and have medical and psychiatric consultation available. F. Service Provider A Service Provider shall be any physician, or other individual,health care provider, agency, institution, or organization to whom the EAP Director or EAP Director's designee refers an employee or family member for diagnosis and treatment. II. RESPONSIBILITIES OF MERCY CENTER Upon execution of this Agreement, Mercy Center will assist Employer in developing and implementing the EAP at Employer's place of business. Specifically, Mercy Center will provide, subject to the approval of Employer,the following services: A. EAP Development 1. Policy Statement. Mercy Center will prepare a written statement describing the EAP, employee and family member eligibility and procedures for utilization of the program. 2. Supervisor's Manual. Mercy Center will develop a supervisor's manual, which assists Employer's supervisory personnel in recognizing and understanding employee social, behavioral and other mental health related problems and instructs the supervisor in the proper use of the EAP. B. EAP Marketing 1. Employee Letters. Mercy Center will prepare a letter for distribution by Employer to each employee introducing and describing the EAP. 2. Letters to Family Members. Mercy Center will prepare a letter to be distributed by the Employer to the family members of each employee introducing and describing the EAP. APPENDIX E RESOLUTION#1996-10-EMPLOYEE ASSISTANCE PROGRAM 3. Literature As mutually agreed between the parties, Mercy Center will provide employer with EAP brochures,posters and wallet cards. The employer will be responsible for distribution of these materials. C. Education Mercy Center will prepare and conduct the following education seminars at Employer's place of business. All seminars shall be scheduled at such times as are mutually agreed upon by the parties. 1. A two hour management-supervisor training session will be presented and include: a) Introduction to the"Broad Brush II EAP concept b) Documented job performance c) How to use EAP for consultation d) How to refer employees to EAP 2. The Policy and Employee Assistance Program will be presented to the employees. This will be done by 30 minute employee orientation sessions. D. EAP Services 1. Assessment/Consultation/Referrals a) Appointments for EAP services can be made by calling(708) 892- 2809. A message will be taken and the EAP Director,or, appropriate designee,will respond to the call. Scheduling of appointments and other business calls are expected during normal business hours. The EAP is available for emergency situations, 24 hours per day, seven days per week. Depending upon the level of urgency, the EAP will facilitate crisis intervention or schedule an in-person interview the next business day. b) The EAP Director or designee provides assessment,referral, and short term counseling to covered persons and, as deemed appropriate,makes referrals to appropriate service providers for further assessment and disposition. c) EAP sessions shall be conducted on a voluntary basis only. Covered persons may seek EAP services by contacting the EAP directly, or an employee designated by Employer to coordinate the EAP. Employees advised of and encouraged to participate in the EAP, due to a job performance issue, shall be encouraged to notify his/her supervisor of participation in the program,authorize the release of employment records to the EAP Director and authorize the EAP Director to discuss the employee's situation with the Employer. d) The EAP Director or designee will follow up with the covered person after referral to a service provider, so as to encourage use of the service provider and offer additional referrals, should the covered person so desire and, if authorized by the covered person, APPENDIX E RESOLUTION#1996-10-EMPLOYEE ASSISTANCE PROGRAM follow up and coordinate the covered person's treatment and progress with the service provider and Employer. However, it is understood that Mercy Center's assessment, evaluation and consultation obligations terminate upon referral of a covered person to a service provider, does not extend to the provision of services by a service provider and that it is the responsibility of each covered person to obtain service provider services and follow prescribed treatment. e) It is understood that service providers will be selected by the EAP Director and that Mercy Center programs, departments and staff members may be selected as service providers if the EAP Director determines, in his/her sole discretion that said service providers would be appropriate for a particular situation. Statistical review will identify service provider utilization. 2. Referral Resources. Mercy Center shall maintain current information regarding multi-treatment services and resources. These include professional services related to chemical addiction, psychiatric illness, marital or relationship issues, stress, grief, family, financial and legal problems. 3. Employer Benefit Plans. Mercy Center will become familiar with Employer's medical and disability benefit plans so as to provide covered persons with basic and preliminary information regarding the extent, nature and cost of referral treatment and reimbursement benefits available. In conjunction with this service, Mercy Center will obtain utilization guidelines from any health maintenance organization to which Employer belongs and to the extent possible, establish working relationships with each organization to which Employer belongs and to the extent possible, establish working relationships with each organization providing or administering Employer medical and disability benefits. E. Other Services 1. Health Education and Wellness Consistent with the Mercy Center holistic philosophy of health care, Mercy Center will offer employees two hours of health education and wellness programs per twelve month period of this Agreement. Additional hours of health education and wellness programs may be purchased at Mercy Center's then current fees for conducting said program. 2. Management Reports Mercy Center will provide quarterly and annual reports. Said reports will aggregate total assessments, consultations and referral sources. Mercy Center will provide no individually identifiable employee or family member information or aggregate statistics from which Mercy Center believes individually identifiable information may be derived. APPENDIX E RESOLUTION#1996-10-EMPLOYEE ASSISTANCE PROGRAM III. RESPONSIBILITIES OF EMPLOYER A. Employer shall print and distribute to covered persons,the employee and family member letters and other information concerning the availability and purposes of the EAP. Employer shall not distribute or otherwise convey these materials to any individual or entity except as provided in this Agreement nor distribute any written materials which refer to Mercy Center, unless prepared by Mercy Center, or prepared by Employer with the written approval of Mercy Center. B. Employer will provide Mercy Center current information regarding the Employer's medical and disability plans and keep Mercy Center apprised of any changes to said plans. C. Employer will require its management and supervisory personnel to attend the appropriate EAP education seminars. D. In accordance with the Policy Statement and Supervisor's Manual,Employer shall encourage covered persons to utilize the EAP assessment and referral services. E. Employer shall implement the EAP in conjunction with its own personnel policies and procedures,offering EAP services to its employees on a voluntary basis and as part of, but not as substitute for,Employer's disciplinary procedures. F. Employer shall utilize Mercy Center as its sole provider of EAP services during the term of this Agreement. IV. OWNERSHIP AND CONFIDENTIALITY OF EAP RECORDS All information obtained and records created as a result of any communication between covered persons and Mercy Center shall remain confidential and the sole property of Mercy Center. Said information and records shall be released only with the appropriate written consent of the individual covered person as otherwise authorized by law. V. RELATIONSHIP OF THE PARTIES Mercy Center and Employer shall remain independent contractors and Mercy Center's responsibilities to Employer are expressly limited to those set forth in this Agreement. This Agreement shall not be deemed to establish any relationship of employment between Mercy Center and covered persons. No service provider to whom Mercy Center refers a covered person shall be deemed to be an agent or employee of Mercy Center by reason of this Agreement. Each service provider shall establish its own independent relationship with Employer, employee or family member . APPENDIX E RESOLUTION#1996-10-EMPLOYEE ASSISTANCE PROGRAM VI. INSURANCE AND INDEMNIFICATION A. Mercy Center for Health Care Services is a not for profit Illinois Corporation and is self-insured. Employees in the performance of their jobs are covered under the hospital insurance. B. Each party to this agreement shall indemnify and hold harmless, its officers, directors, employees, and agents from and against any and all liability, damage, expense, loss, cost, claim, cause of action, suit or judgment, including the cost thereof and attorney's fees, which they or any of them may suffer, incur or sustain, or for which any of them may become liable as a result of any act or omission, or alleged act or omission of Employer, its officers, directors, employees and agents EXHIBIT B I. FEES A. In consideration for the services provided by Mercy Center pursuant to this Agreement, Employer shall pay Mercy Center$25.00 per employee per each 12 month term of this Agreement. Initial payment shall be made upon completion of training and quarterly thereafter B. For purposes of paragraph 1.A.,the total number of employees shall be the total number of employees on the payroll of Employer on the effective date of this Agreement,which number Employer represents equals 41. Employer shall notify Mercy Center each time its total number of employees increase by ten percent (10%)or more, and shall pay Mercy Center an additional fee for each additional employee at a prorated fee of$25.00 per employee per 12 month term. Upon request, Employer shall furnish Mercy Center with satisfactory evidence of the total number of such employees employed by Employer upon the signing of this Agreement, at the beginning of each renewal term and upon the reasonable request of Mercy Center, said requests not to exceed three(3)per year. C. It is expressly understood and agreed that the charges stated herein are exclusively for the services of Mercy Center provided pursuant to this Agreement.Fees and charges for services provided by a service provider, including Mercy Center as a service provider,will be as established between the covered person or Employer and the service provider. APPENDIX F UNITED CITY OF YORKVILLE DRUG-FREE WORKPLACE POLICY DRUG-FREE WORKPLACE POLICY Illegal drugs and the abuse of legal drugs in the workplace are a significant danger. They impair safety and health,promote crime, lower productivity and quality and undermine public confidence in the work City employees undertake. The City prohibits drug and alcohol impairment and the illegal use of drugs in the workplace. Under the federal and state Drug-Free Workplace Acts, 41 USC 701, et seq.,and ill. Rev. Stat. 1992, ch. 127,par. 132.311 et seq., in order for the City to be considered a"reasonable source" for the award of federal or state grants, it is appropriate to adopt the following policy: A. Any location in which City business is conducted,whether at this or any other site, is declared to be a drug-free workplace. All employees are absolutely prohibited from unlawfully manufacturing, distributing, dispensing,possessing or unlawfully using controlled substances or alcohol, as defined in the federal and state Drug-Free Workplace Acts, in the workplace. B. Employees are expected and required to report to work on time in appropriate physical and mental condition to perform duties of their jobs. C. Employees have the right to know the dangers of drug abuse in the workplace,the City's policy about them and what help is available to combat drugs problems. Employees needing assistance in overcoming drug abuse problems are encouraged to seek professional assessment,treatment support and aftercare at appropriate outside agencies. Conscientious efforts to seek such help will not jeopardize any employees'job nor will it be noted in any personnel record. However,referral to such programs in no way exempts an employee from discipline for less than acceptable job performance. D. As a condition of employment, each employee shall: 1. Agree in writing to abide by the terms of the Center's policy respecting a drug and alcohol-free workplace; and 2. Agree, as required by law,to inform his or her supervisor of his or her conviction of any criminal drug or alcohol Statute,for a violation occurring on or off City premises, while conducting City business, no later than five (5) days after such a conviction. A conviction means a finding of guilt (including a plea of"no 10 contendere") or the imposition of a sentence by a Judge or jury in any federal or state court, and/or a finding of Court supervision. E. An employee who violates the terms of this policy may be subject to disciplinary action including suspension and/or termination. 1. The city shall take prompt disciplinary action with respect to any employee who violates this policy. In any event,the City shall take disciplinary action APPENDIX F UNITED CITY OF YORKVILLE DRUG-FREE WORKPLACE POLICY with an employee convicted of a drug offense in the workplace no later than thirty(30) days after receiving notice of the conviction. 2. Should the city be a current participant in a federal education program in which the center is the prime grantee and a direct receiver of federal funds, the City shall notify the appropriate federal agency from which the City receives grant monies of the employee conviction within ten(10) days after receiving notice of the conviction. 3. The City may require an employee who violates the terms of this policy to satisfactorily participate in a drug or alcohol abuse assistance or rehabilitation program. ACKNOWLEDGEMENT OF POLICY I acknowledge receiving the City of Yorkville's Drug-Free Work Place Policy and I have read and understand its terms. Printed Name Signature Date APPENDIX G ORDINANCE#1999-12—PROHIBITING SOLICITATION AND ACCEPTANCE OF GIFTS ORDINANCE#1999-12 (REVISED JUNE 9, 1999) AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,PROHIBITING THE SOLICITATION AND ACCEPTANCE OF GIFTS AND ADOPTING THE STATE GIFT BAN ACT (5 ILCS 425/1 ET.SEQ.; P.A.90-737) WHEREAS,the General Assembly has enacted the State Gift Ban Act (P.A. 90- 737; House Bill 672; 5 ILCS 425/1 et seq.),which became effective on January 1, 1999; and WHEREAS, Section 83 of the Act(5 ILCS 425/83)provides in pertinent part: Within 6 months after the effective date of this Act,units of local government, home rule units, and school districts shall prohibit the solicitation and acceptance of gifts, and shall enforce those prohibitions, in a manner substantially in accordance with the requirements of this Act and shall adopt provisions no less restrictive than the provisions of this Act. WHEREAS, in preparing to meet the mandatory July 1, 1999, deadline, imposed by the Act,the Mayor and City Council of the United City of Yorkville have determined that the Act contains several procedural and substantive defects and several ambiguities and inconsistencies which make compliance with the dictates of Section 83 of the Act difficult and perhaps impossible; and WHEREAS, while the Illinois Municipal League has requested the General Assembly to amend and clarify the Act so Illinois municipalities may have clear guidance in bringing themselves into compliance With the Act, it has become apparent that a legislative response will not be provided prior to the deadline imposed by Section 83; and WHEREAS,the corporate authorities of the United City of Yorkville, Kendall County, Illinois; in an effort to comply with the action required by Section 83, hereby pass and approve this Ordinance to bring the United City of Yorkville, Kendall County in compliance with the dictates of the Act; and WHEREAS,the corporate authorities of the United City of Yorkville strongly encourage the General Assembly to take immediate action to clarify the procedural and substantive provisions of the Act so elected and appointed officials and the employees of Illinois Municipalities will have clear and unequivocal ethical procedures and rules that will control their conduct. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Code of Ordinance of the United City of Yorkville are hereby amended with the addition of the following provisions: 1. State Gift Ban Act Sec. A-101. Adoption of Act. a. The State Gift Ban Act(5 ILCS 425 —) is hereby adopted as required by Section 83 of the Act (5 ILCS 425/83). b. The solicitation or the acceptance of gifts prohibited to be solicited or accepted under the Act is prohibited by any elected or appointed official or any employee of the City. APPENDIX G ORDINANCE#1999-12—PROHIBITING SOLICITATION AND ACCEPTANCE OF GIFTS Sec. A-102. Ethics Officer. To the extent authorized by law and to the extent required by Section 35 of the Act(5 ILCS 425/35),the Kendall County States Attorney is appointed to serve as the "ethics officer" for the City,pursuant to the consent given by the Kendall County States Attorney to serve in that capacity. The ethics officer's duties shall be as provided in Section 35. Sec. A-103. State Legislative Ethics Commission: Complaints. All complaints for violations of the Act and this Ordinance shall be filed with the State legislative ethics commission(created by Section 45 (a)(6)of the Act). Sec. A-104. Future Amendments to State Gift Ban Act. Any amendment to the State Gift Ban Act(5 ILCD 425/1 et seq.)that becomes effective after the passage of this Ordinance shall be incorporated into this Ordinance by reference and shall be applicable to the solicitation and acceptance of gifts. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this Ordinance by reference without formal action by the corporate authorities of the City. Sec. A-105. Future Declaration of Unconstitutionality of State Gift Ban Act. (a) If the Illinois Supreme Court declares that State Gift Ban Act(5 ILCS 425/1 et seq.) unconstitutional in its entirety,then this Ordinance shall be repealed as of the date that the Supreme Court's decision becomes final and not subject to any further appeals or rehearings. The Ordinance shall be deemed repealed without further action by the corporate authorities of the City if the Act is found unconstitutional by the Illinois Supreme Court. (b) If the Illinois Supreme Court declares part of the State Gift Ban Act (5 ILCS 425/1 et seq.)unconstitutional but upholds the constitutionality of the remainder of the Act or does not address the remainder of the Act,then the remainder of the Act as adopted by this Ordinance shall remain in full force and effect; however,that part of this Ordinance relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the City. SECTION 2: This Ordinance shall be in effect upon its passage, approval and publication as provided by law. APPENDIX G ORDINANCE#1999-12-PROHIBITING SOLICITATION AND ACCEPTANCE OF GIFTS PASSED.this 'a'�` day o 1999. 1-11.03 1.•x•1°�� APPROVED this `a` day o ; 1999 MAYOR PUBLISHED in g et form this day of , 1999, . C CLERK f illy -3- APPENDIX H RESOLUTION#97-8—APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR RESOLUTION#97-8 RESOLUTION APPROVING THE UNITED CITY OF YORKVILLE SAFETY POLICY, AUTHORIZING THE MAYOR TO SIGN THE POLICY STATEMENT AND APPOINTING A SAFETY DIRECTOR WHEREAS,the Mayor and the City Council of the UNITED CITY OF YORKVILLE, deem it to be in the best interest of the City and the Community to adopt a Safety Policy for the City employees;and WHEREAS,the Safety Policy is beneficial to the employees of the City; and WHEREAS, a Safety Director is necessary to implement the Policy. NOW THEREFORE BE IT RESOL VED by the UNITED CITY OF YORKVILLE: 1. The United City of Yorkville Safety Policy dated March 12, 1997, attached hereto and made a part hereof, is hereby approved and adopted. 2. The Mayor is authorized to sign the Safety Policy Statement. 3. The Mayor shall appoint a Safety Director for the Safety Policy with the approval of the City Council each year at the time of appointment of all other City appointed positions. The Safety Director is granted authority to implement and enforce the provisions of the Policy pursuant to the guidelines set out in the policy. 4. The Safety Policy is hereby made an addendum and part of the City Employee Manual. 5. Any Safety Committee required by the Safety Policy to be made up of department heads, shall be appointed by the Mayor with the approval of the City Council. These appointments shall be made yearly at the time the Mayor makes his regular City appointments. APPENDIX H RESOLUTION#97-8-APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR PASSED APPROVED this dig of . I . ATTEST: CITYCLERK LAW Offia ofDadd L Xmw 1107A S.sndgo S#, Yock Ant,ML 60mo APPENDIX H RESOLUTION#97-8—APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR UNITED CITY OF YORKVILLE SAFETY POLICY Prepared by J. T. Johnson Director of Public Works for the UNITED CITY OF YORKVILLE,ILLINOIS 111 West Fox Street, Suite 3,Yorkville,Illinois,60560 March 12, 1997 UNITED CITY OF YORKVILLE SAFETY POLICY STATEMENT It is the policy of the City of Yorkville to plan safety, loss control, and operating efficiency in all aspects of our operations. We will afford every incentive, both moral and financial within budgetary constraints,to minimize the hazards that adversely affect the safety of our personnel, the security of our property, and the well-being of members of the public, exposed to our operations and personnel. In response to these incentives, we will promote achieving as high a degree of safety and loss control as possible. Our plan includes measures that are designed to eliminate, reduce, or control the various hazards and exposures which cause incidents to occur. This includes training of our personnel at all levels of responsibility in necessary safety and loss control practices. Responsibility for accident prevention and loss control will be delegated to each person in the organization the same as he or she is delegated responsibility otherwise as part of their job function. Management will expect all employees to have a positive attitude about safety and loss control. We feel that our goal of high safety awareness and reduction of losses is an honorable one. Therefore, we sincerely solicit the collective support of everyone in our organization to achieve this goal. The Mayor and City Council of the United City of Yorkville fully supports this organization's Safety Awareness and Loss Control Program. Mayor Robert mill,ison L71 7 APPENDIX H RESOLUTION#97-8—APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR EMPLOYEE SAFETY RESPONSIBILITY TO ALL EMPLOYEES: As a member of our organization you automatically accept a moral obligation to your fellow employees and an economic obligation to the organization to see that operations under your care, custody, and control are carried out in an efficient and safe manner. Along with other responsibilities, safety consciousness must always exist in your thinking and planning. Because of this obligation, you must not only prevent obvious unsafe acts on your part but you must anticipate potential hazards and alert other employees if any work performed is perceived to be unsafe, to the best of your ability. After an accident occurs, it is too late to prevent it. All employees must recognize that working in an unsafe manner is counter productive. Most important, each employee is encouraged to demonstrate leadership ability by setting a good example. DEPARTMENT HEAD RESPONSIBILITY As with the Safety Executive Manager, The Department Heads'primary role is leadership. These individuals are ultimately responsible for the Loss Control performance of their individual departments. Therefore the Department Heads'must develop in their supervisors and employees a high degree of performance in loss control work. They should: • Set performance standards for the various work areas, stressing safety and loss control awareness. • Evaluate supervisors according to performance standards. • Assist members of the Accident Review/Safety committee to uphold a high degree of safety. • Assist on accident investigations of serious accidents. • Conduct periodic (quarterly)tours of department facilities for adequate safety practices. SUPERVISORY RESPONSIBILUTIES Each Supervisor shall have the full authority to maintain a safe and healthful working condition within his or her jurisdiction. Whether it be in the field, in the shop, or in the office,personnel problems and hazards vary from department to department, it is expected all supervisors will work at all times to control injuries. They should: • Assume full responsibility for safety and healthful working conditions for his or her employees while they are under his or her jurisdiction. APPENDIX H RESOLUTION#97-8—APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR • Insure that all management policies and procedures herein are fully implemented for maximum efficiency of each job. • Take the initiative in recommending correction of deficiencies noted in facilities, work procedures, employee job knowledge, or attitudes that adversely affects loss control efforts. • Insure that each employee is fully trained for the job he/she is assigned to do,that he/she is familiar with published department work rules, and certifies in writing that he/she understands compliance is necessary. • Takes affirmative action upon safety suggestions and continuously demonstrates concern over the entire safety program and sets a good example by working safely himself. • Observes working conditions and methods to prevent the development of unsafe working practices. • Investigates thoroughly the causes of all accidents and takes corrective action. • Insures all accidents are properly reported,regardless of the extent of injury or property damage. • Instructs all employees regarding disciplinary policies for violation of safety rules and insures .impartial positive enforcement. • Supports the Safety Committee in the promotion of the Committee's activities. DUTIES OF THE SAFETY DIRECTOR The Safety Director should be management's representative in all safety activities and develop, implement, and administrate the complete Safety Awareness/Loss Control Program in accordance with management's policies. The duties include,but are not limited to,the following guidelines: • Provide the leadership and stimulation necessary to assure and maintain full employee interest and participation. • Become familiar with all job operations to assure and maintain full employee interest and participation. • Organize a safety committee composed of department heads. The Safety Director should be a permanent member of this committee. • Encourage and coordinate the safety training activities for all departments. • Establishes the procedures for the completion and handling of all accident reports and follow-up. • Organizes a self-survey schedule for all departments. • Cooperates and assists the City of Yorkville's chosen Safety Awareness/Loss Control Consultant on all survey tours and service calls. • Reviews and selects applicable safety materials for display or distribution. • Advises management on the development and progress of the Loss Control Program. APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY UNITED CITY OF YORKVILLE VEHICLE POLICY ADOPTED 02-10-2004 I. SCOPE A. To describe the policies and procedures pertaining to vehicle use. This policy will be adopted to maintain a consistent and legal operating system for all United City of Yorkville vehicles. The Mayor, City Administrator and Police Chief, will oversee each Department Head's enforcement of this policy and its procedures. Department Heads will supervise the procedures within their own departments. II. POLICY A. The vehicles will be used and maintained under the terms of this policy as written. Responsibility and control of the vehicles will remain with each Department Head in the United City of Yorkville. . B. The purpose of this policy is to make it absolutely clear to all employees that the United City of Yorkville is very concerned about motor vehicle safety and proper care of city equipment. The United City of Yorkville vehicles are to be used only for transporting equipment, employees and city affiliated personnel while conducting city business. III. CRITERIA A. An employee, a person whom receives a payroll check from the United City of Yorkville, when authorized by a Department Head, may operate a city vehicle. Department Heads shall provide a monthly report, to the Administration Committee on vehicle usage. B. City Affiliated Personnel, City Council, Board Members, and Mayor, (when authorized by a Dept. Head), may operate a city vehicle to conduct city business. A City vehicle (any vehicle owned or leased by the United City of Yorkville) will be operated only by an authorized person who possesses a valid Illinois State Drivers License of proper classification for the vehicle being-driven/operated, vehicle insurance, and a good driving record. A copy of the driver's license must be placed in the employee's personnel file. C. Current Employee Driving Standard. Employees who currently drive a city vehicle or their own vehicle on city business must maintain a valid driver's license, vehicle insurance and with a good driving record. The city recognizes that drivers who consistently violate state motor vehicle codes expose themselves and the community to potential bodily injury and/or property damage. D. The following identifies High Risk drivers. Employee drivers would be considered HIGH RISK if they have had any of the following: 1 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY 1. Two or more moving violations within a 12-month period. 2. One moving violation and one.preventable accident while driving a city vehicle within a 12 month period. 3. Any combination of moving violations or preventable accidents while driving a city vehicle within a 24 month period totaling more than three. Employees designated as high risk will be required to participate in a driver improvement course recommended by the Yorkville Police Department and are subject to being excluded from driving a city vehicle. IV. PROCEDURES INDEX BY DEPARTMENT A. General Procedures For All Departments 1. All Employees will receive, understand and abide by the rules and regulations of this policy. 2. City vehicles are to be used for conducting City business only. Personnel assigned as "on call" are authorized 24-hour use of their assigned vehicles to increase command presence in the field, allow for immediate communications capabilities and/or enhance the overall operation. 3. City vehicles authorized for 24-hour use are to be used for commuting to and from work or when performing official City duties. They are not to be used for personal purpose (other than de minimis personal or approved medical), nor for the transportation of anyone other than City employees or people working with or for the City in an official capacity. 4. Only City employees and affiliated personnel are to be transported in City vehicles, unless their presence is necessary for City business. 5. Drivers must be thoroughly familiar with and follow all State and Federal regulations governing the particular type of motor vehicle they are operating. 6. The use of seat belts in all vehicles for any individual present in a City vehicle. Any individual utilizing a City vehicle must use a seat belt. 7. Headlights will be turned on whenever windshield wipers are needed. 8. Vehicles should be kept neat inside and outside and every precaution must be taken to prevent debris from being blown or falling off trucks or from being discarded by vehicle occupants. Vehicle windows shall be closed and doors locked when not in use. 9. All damage to vehicles must be reported to the Department Head immediately. 10. Employees who are involved in a traffic accident with a City vehicle or while operating their personal vehicle on City business, must report the accident to their Department Head as soon as possible after the incident, but no later than 24 hours after the incident. Furthermore, the local police department must be contacted to request a police report to be made anytime the accident involves collision, property damage, and/or personal injury. 11. It is the driver's responsibility to see that the vehicle is inspected for oil and gas and report any mechanical failures to the Department Head. The driver will follow any 2 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY additional instructions given by the Department Head as to cleaning and gas. A Vehicle Service Record should be completed showing any service done on the vehicle. 12. Department Heads are to provide to the administration Committee a monthly report on vehicle usage. 13. Engines are to be warmed up in the winter before driving the vehicle. 14. First aid kits and fire extinguishers must be kept in each vehicle and can be found behind or under the seat, or in the trunk of each vehicle. Let a Department Head know when refills are needed. 15. At no time shall anyone drive any City vehicle while intoxicated or under the influence of any illegal drug(s) or alcohol. 16. Abuse of vehicle privileges may result in disciplinary action. B. Administration 1. Employees given the privilege of use of the City owned vehicle to and from his/her residence will complete a Vehicle Agreement Form to be kept in their personnel file. 2. Employee will conform to any I.R.S. rulings with regard to use of vehicles for to/from commute. 3. Any employee assigned a vehicle for use during business hours will comply with all general procedures. Any emergency exceptions must be approved by the Mayor. a. The assigned vehicle will be parked at the employee's work location during off hours. b. The employee will abide with all other provisions of this policy. c. Any long term use exception would require City Council approval. C. Recreation Department 1. No Recreation Department vehicles are to be used for personal use. All vehicles will be kept at Recreation facilities over night, unless special permission is obtained from the Park Board. 2. Vehicles will be washed as designated on assignment schedules. All vehicles will be maintained according to the manufacturers' recommendations, and monitored by supervisors and/or Directors. 3. A mileage form is available in the recreation vehicle and will be completed by the driver for each trip. A vehicle use form will be completed for each trip that entails a full day. Employees must obtain permission for day trips from the Director two weeks in advance, if possible. Any Park Board member, Council member and/or City employee must also give two weeks notification prior to the date needed, to avoid scheduling conflicts with the departments. D. Parks Department 1. Parks Department employees are required to have a minimum of a "Class C" Commercial Drivers License as established by the State of Illinois Standards for 3 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY Drivers License requirements. A copy of this license must be placed in the employee's personnel file. 2. Parks Department employees shall abide by the Drug/Alcohol Abuse Policy for Commercial Licensed Drivers as adopted and revised from time to time. 3. Under certain emergency situations Department Heads may grant the use of a City- owned vehicle to employees to drive to their residence in order to expedite their return to the City work force to work on the ongoing emergency (i.e.: severe snow storm). E. Public Works Department 1. Public Works employees are required to have a minimum of a "Class C" Commercial Drivers License as established by the State of Illinois Standards for Drivers License requirements. A copy of this license must be placed in the employee's personnel file. 2. Public Works employees shall abide by the Drug/Alcohol Abuse Policy for Commercial Licensed Drivers as adopted and revised from time to time. 3. Under certain emergency situations Department Heads may grant the use of a City owned vehicle to employees to drive to their residence in order to expedite their return to the City work force to work on the ongoing emergency (i.e.: severe snow storm). F. Police Department 1. Policy. To comply with State law and court defined constitutional limits of reasonableness which govern the operation of police vehicles. 2. Purpose. To insure that department personnel operate authorized emergency vehicles with due regard for their own safety and the lives and property of every citizen. 3. Definitions a. Emergency: when a police officer reasonably believes that there is imminent probability of death, personal injury or loss or destruction of property occurring, and the immediate action of that officer may avert or reduce the seriousness of the situation. b. Due Regard: that a reasonable careful police officer, performing similar duties and under similar circumstances, would act in the same manner. C. Motorized Pursuits: an active attempt to stop a moving motor vehicle that is resisting apprehension by: 1.) Maintaining or increasing speed, and/or 2.) Ignoring an officer's signal to stop, and/or 3.) Taking such evasive actions or maneuvers so as to prevent apprehension. d. High-Speed Pursuit: motorized pursuit at speeds that exceed the legal speed limit. e. Police Vehicle: any department-owned motor vehicle, in authorized use, or any vehicle authorized by the chief of police or his designated subordinate 4 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY for use by a department member acting in the lawful capacity of police officer. f. Deadly Force: any force likely to cause death or great bodily harm. g. Reasonable Belief: what an ordinary and prudent person, in the same or similar circumstances would believe, based on his/her knowledge of the facts as they existed at the same time of the event. 4. Operation of Emergency Vehicles a. Police officers responsibility 1.) All sworn officers shall be familiar with and shall comply with all sections of the state laws which apply to the operation of emergency vehicles. 2.) The special privileges accorded by law to emergency vehicles are only effective when the vehicle is readily identifiable as an emergency vehicle. 3.) Unmarked police vehicles shall not be operated as an emergency vehicle unless equipped with and utilizing a flashing red light and an audible siren. 4.) Police officers assigned to emergency calls shall monitor their police radios and shall acknowledge all communications conveyed to them by the communications officer or supervisor in charge. b. Assigned officer(s) shall respond to emergency calls rapidly but with a due regard for the safety of life and property. 1.) Use of emergency lights: emergency lights shall be activated when responding to emergency calls to avoid conflicts which may occur at intersections, in heavy traffic, or in areas of restricted view. 2.) Use of siren: the siren shall be activated to avoid conflicts which may occur at intersections, in heavy traffic, or in areas of restricted view. 3.) Speed: authorized vehicles shall not be operated at a speed that may cause loss of control of the vehicle or endanger life or property. Speed shall be reduced when approaching intersections and other area of conflicts. 4.) Spotlight: spotlights on the police vehicle shall not be used as a means for clearing traffic nor shall they be directed at windshields of oncoming traffic. Spotlights shall not\be used in lieu of authorized emergency lights. C. Special considerations 1.) Upon approaching the immediate area of criminal activity, an officer may avoid announcing his/her arrival by turning off .emergency equipment and headlights at night, but only when such maneuvers can be employed without endangering persons or property. 2.) Although adverse reaction may result from the use of sirens at night in residential areas, the safety of the officer and the public is not abridged by the time of day and far outweigh any inconvenience which may occur. 5 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY d. Supervisor's responsibility: The on duty supervisor shall monitor and coordinate the assignment and response to emergency calls. 1.) Supervisors shall evaluate circumstances given which would justify an emergency call assignment, assist communications officers in evaluating such circumstances, and shall intervene when assignments given by the communications officer do not correspond to the circumstances. 2.) Supervisors shall monitor officer response to emergency calls to ensure compliance with department policy, officer and public safety, and efficient department response to emergency scenes. 5. Pursuit Driving a. Department Position 1.) Law violators shall be pursued and apprehended whenever feasible under existing circumstances. A pursuit shall be terminated whenever the risks of the officer's safety of others, outweigh the danger to the community if the suspect is not apprehended. 2.) Officers shall weigh the seriousness of the violator's suspected crime against the potential for death or injury and the duration and the overall distance that may be traveled if the pursuit continues. 3.) When attempting to stop an offender who has not begun to flee, the police officer should try everything within his/her authority, keeping in mind his/her personal safety, to apprehend the suspect without resorting to a high-speed chase. This would include the use of the public address system and/or the spotlight or waiting until the subject parks or stops at traffic light before activating the light and/or siren. b. Officers responsibility: the decision to begin, responsibility for continuation and the method of pursuit rest primarily, but not solely with the individual officer(s) involved. Although the law does not prevent officers from exceeding the posted speed limit while engaged in pursuit, it does hold officers criminally and civilly responsible for their actions. 1.) Only police vehicles equipped with audio and visual emergency equipment shall enter into pursuit. It is the officer's duty to be reasonably sure his/her police vehicle is mechanically sound before entering into a pursuit. 2.) The pursuing officer has the responsibility to terminate a pursuit at any time, if in the officer's judgment, the risks outweigh the seriousness of the offense or if anyone's life is being unduly, threatened by the act undertaken. The officer may terminate pursuit without threat of any imposition of discipline or censure. 3.) The following should be considered. a.) Is the pursuit undertaken with due regard for third parties? b.) Does the seriousness of the crime warrant the pursuit? c.) What is the likelihood of apprehension? d.) What are the roadway,traffic, and pedestrian conditions? e.) What are the weather conditions? 6 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY f.) What is the geographical location, (residential, business, commercial, school, etc.)? C. State Law permits police officer who engages in a pursuit to, based upon the reasonableness of their actions, exceed the speed limit and disregard other traffic regulations. d. Emergency lights and siren shall be activated during the pursuit to ensure utmost safety to the officer and all others. e. When approaching an intersection where signal lights or stop signs control the flow of traffic,the officer shall: 1.) Decelerate and be prepared to apply brakes, stopping if necessary. 2.) Enter the intersection only when safe to precede and at a reduced rate of speed so as to make cross traffic aware of the officer's presence. 3.) Resume pursuit speed only when safe to do so. 4.) Emergency lights and siren requests right-of-way and does not afford absolute right to disregard traffic signals or devices (red lights, stop signs, etc. ) f. Officers who become engaged in a pursuit shall notify communications of the following, as soon as it is practical to do so: 1.) Suspect vehicle license plate number. 2.) Starting location and direction of travel. 3.) Vehicle, driver and occupant(s) description. 4.) Nature and severity of the offense warranting the pursuit. 5.) Known possession of weapons and their types. 6.) Continuing updates of direction. 7.) Request for additional units and their positioning. g. Officers shall not cause intentional contact between their vehicle and the vehicle being pursued nor shall they maneuver along side or in front of their vehicle being pursued or into any position or potential collision with a pursued vehicle. h. Officers shall not attempt to stop a fleeing vehicle by shooting at it. i. Officers shall not continue pursuit into another jurisdiction without advising communications. 1.) Whenever possible, the Illinois State Police Emergency Network (ISPERN) shall be used during the pursuit. j. Officers shall not pursue a fleeing vehicle that leaves the roadway without permission from a duty supervisor. k. Assisting officer(s): all other members of the department shall refrain from entering an ongoing pursuit unless directly assigned by communications or a duty supervisor. 1.) Officers involved in a pursuit shall not attempt to converge upon or pass the primary pursuit unit unless requested to do so by the primary pursuit unit. 2.) Caravanning behind the pursued vehicle is discouraged. Whenever possible assisting units should try and parallel the pursued unit on a side street. 7 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY 3.) Officers should exercise discretion in radio usage so that the radio airway can be kept open for the primary pursuit unit. 1. Supervisor responsibility: the on duty supervisor upon being advised of or becoming aware of a pursuit shall be responsible for the following: 1.) The number of personnel assigned to the pursuit, allowing for proper police coverage throughout the remained of the city. 2.) Monitoring the pursuit's beginning and continuing locations. 3.) Ordering termination of the pursuit to prevent risk and to ensure the safety of others, the public and the violator(s). Termination of a pursuit may be based upon, but is not limited to any of the following: a.) The severity of the offense(s) and the possible ultimate use of deadly force. b.) The length of pursuit time. c.) The roadway and weather conditions. d.) The time of day. e.) The geographical location (residential, business, commercial, school, etc.) f) The probable destination. 4.) Intervening and changing any incorrect assignment or misuse of police personnel involved in the pursuit. m. Reporting procedures and post-pursuit analysis 1.) Officers involved in the pursuit shall prepare the required police reports and citations. 2.) Additionally, the post-pursuit analysis form (Appendix A) shall be completed by the officer issuing the citations and attach it to the appropriate reports or case file. 3.) During report preparations, special care shall be given to the legal requirements listed in the Illinois Vehicle Code (Chapter 95 1/2), Section 11-205b which sets forth the parameters within which emergency and pursuit driving can take place. 4.) Officers shall adequately report all elements and facts of the pursuit, .making sure to document a description of the emergency vehicle, the nature and severity of the emergency or violation and all due caution afforded to unintended third parties or property. n. Roadblocks 1.) Under certain circumstances,the blocking or barricading of roadways by means of police vehicles, barriers or obstacles may become necessary. Since there are legal consequences and inherent dangers associated with this course of action, roadblocks must be undertaken with due regard for the safety of third parities as well as the fleeing motorist. 2.) Moving roadblocks are strictly prohibited. 3.) The on duty supervisor shall be responsible to authorize and control all types of roadblocks. 8 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY o. Pursuit Roadblocks: 1.) Fixed roadblocks shall be used as a last resort to apprehend a fleeing motorist who is wanted for a violent felony and who constitutes an immediate, serious threat to the safety of officers and third parties. o High visibility shall be maintained. o Roadblocks shall be well lighted by means of interior and exterior lights, road flares and other available lighting equipment. o Spotlights shall be used to illuminate the area but shall not be used to blind the vision of oncoming drivers. o Placement shall: (1) Be on a flat, straight roadway, whenever possible. (2.) Allow all approaching vehicles ample time to stop safely. (3.) Be sure that public endangerment is limited by avoiding, if possible, certain areas (schools, gas stations, blind hills, busy intersections etc.) o All personnel shall be clear of the roadblock and blocking vehicles by maintaining a safe distance. o When a roadblock is initiated, a safety lane or escape route shall be provided. p. Traffic checkpoint roadblocks shall: 1.) Control traffic in and out of major crime scenes. 2.) Control access in and out of the scene of a major disaster or emergencies. 3.) Not be employed as means of general or specific traffic enforcement unless authorized by the chief of police. 4.) Afford consideration for traffic speed at the roadblock, sight stopping distance and maintaining orderly traffic flow. 5.) Be staffed with sufficient manpower to properly check traffic without causing undue congestion. 6.) Provide that detained subjects shall be removed from the flow of traffic. q. Road hazard roadblocks -marked and semi-marked vehicles only. r. All officer shall take immediate action to set up a roadblock and shall notify a duty supervisor via communications, in the event that a roadblock must be set up to protect the public from potential hazard (flooding, traffic accidents, power lines down, etc.) S. The duty supervisor shall assess each situation as soon as possible and control the function and duration of the roadblock, consistent with the hazard involved. t. The roadblock shall be removed only by authority of the duty supervisor, upon notification by the officer that it is safe to do so. 6. Assistance to Foreign Police Agencies Assistance to foreign police agencies involved in a pursuit or conducting a roadblock shall be authorized through a duty supervisor under the provisions of Sections 3 and 4 of this order. 9 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY Approved by: Date: zo?1, 6/V LK4ayor Attest: Date: City Clerk 10 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY Department Name: Employee Name: Vehicle Number: UNITED CITY OF YORKVILLE,ILLINOIS VEHICLE AGREEMENT FORM This agreement describes the conditions and terms under which an employee of the United City of Yorkville is permitted the use of a City-owned vehicle for City business only. Full Name: Department Name: Residential Address: Home Phone Number: Work Phone Number: Driver's License Number: Social Security Number: The following information pertains to the City owned vehicle assigned to the above employee for official City business only. CITY VEHICLE NUMBER: MAKE: MODEL: YEAR: VEHICLE IDENTIFICATION NUMBER(VIN): ODOMETER READING: ROUND- TRIP COMMUTE MILES: I have read in full and understand the terms and conditions contained within this Vehicle Agreement(attached) and,by my signature below, I agree to said terms and conditions. Signature Date 11 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY UNITED CITY OF YORKVII.,LE MILEAGE REPORT FORM (Please keep form in vehicle) *Push in trip button to reset trip mileage before and after use Driver Date Activity Miles T..'-- T_�._ A _I'__'.__ L.f_1__ Driver D LG tILAIVILy iwiiw Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles 12 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY UNITED CITY OF YORKVILLE VEHICLE USE FORM *Push in trip button to reset trip mileage before and after use Driver's Name: Driver's Signature: Date(s) Department: Vehicle Use (Activity) Total Mileage: Inspection of Vehicle Before Trip: Inspection of Vehicle After Trip: Damage: Mechanical Difficulty: Oil/Fuel on Departure: FULL 3/4 '/2 I/4 EMPTY Oil/Fuel on Return: FULL 3/4 '/s '/4 EMPTY 13 APPENDIX r E-MAIL,VOICE MAIL, COMPUTER,AND OFFICE EQUIPMENT POLICY E-MAIL,VOICE-MAIL, COMPUTER,AND OFFICE EQUIPMENT POLICY ACKNOWLEDGMENT FORM I understand that all computers and electronic communication systems and all information transmitted by, received from, or stored in these systems are the property of the City. I also understand that these systems as well as all other office equipment are to be used solely for job- related purposes and not for personal purposes, and that I have no expectation of privacy in connection with the use of this equipment or with the transmission, receipt, or storage of information in this equipment. I agree not to use a code, access a file, or retrieve any stored communication unless authorized. I acknowledge and consent to the City monitoring my use of this equipment at any time at its discretion. Such monitoring may include, but is not limited to, printing up and reading all E-mail, computer data files or voice mail entering, leaving, or stored in these systems. Name of Employee(Please Print) Employee's Signature Date Name of Management Witness(Please Print) Signature of Witness Date APPENDIX K UNITED CITY OF YORKVILLE EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST UNITED CITY OF YORKVILLE EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST Date: To: Department: From: Department: I would like to notify you of my need to take family/medical leave due to: Leave to begin on: and to continue until on or about: Signed: (Employee Signature) (a) Unless otherwise stated or otherwise required by law, length of service shall not accrue for an employee who is on an approved non-paid leave status. Accumulated length of service shall remain in place during that leave and shall begin to accrue again when the employee returns to work on a pay status. Unless otherwise stated, an employee returning from leave will have his seniority continued after the period of leave. (b) Time spent on extended, unpaid leaves of absence may not be counted as creditable service for pension purposes. Further, if an employee goes on an approved, unpaid leave of absence for a period in excess of thirty (30) calendar days and wishes to continue to be covered by the City's health or life insurance, he or she will be responsible for payment of the total monthly insurance premiums unless otherwise provided by law. (c) It is the policy of the City-NOT to request the City Council to grant IMRF Pension Credit and Death and Disability Protection Leave Authorization for an employee going on unpaid discretionary leave of absence. (d) Upon return,the City will place the employee in his or her previous assignment, if vacant; if not vacant; the employee will be placed in the first available assignment according to the employee's seniority, where skill and ability to perform the work without additional training is equal. If, upon the expiration of the leave of absence, there is no work available for the employee or if the employee could have been laid off according to his seniority except for his leave, he or she shall go directly on layoff. (e) Employees will maintain their employment status and previously accrued benefits while on approved paid leave. Except where otherwise noted, employees will continue to accrue benefits during the time they are on approved paid leave from City service. Employer Response to Employee U.S. Department of Labor Request for Family or Medical Leave Employment Standards Administration (Optional Lbe Form—See 28 CFR§825.3!}!) Wage and Hour Divider (Family and Medical Lem Act of 1993) Date: OMB No.:1215-0181 Expire a:07131/03 T ' . (fyllpbYll'l�) From, (Name or APPqMWo fmploy-RW--fafrrd) Subject: REQUEST FOR FAMILY/MEDICAL LEAVE On ,you notified us of your need to take famAy/medical leave due to: P&W ❑ The birth of a'child,or the placement of a child with you for adoption or foster care;or ❑ A serious health condition that makes you unable to perform the essential functions for your job:or ❑ A serious health.condition affecting your ❑ spouse, ❑ child, ❑ parent,for which you are needed to provide care. You notified us that you need this leave beginning on and that you expel . leave to continue until on or about (DOW. Except as explained below,you have a fight under the FMLA for up to 12 weeks of unpaid leave in a 12-month period for the reasons-listed.above. Also, your health benefits must be maintained during any period of unpaid leave under the same conditions as K you continued to work, and you must•be reinstated to the same or an equivalent job with the same pay,benefits,and terms and condition of employment on your return from Ism. If you do not return to work following FMLA-leave for a reason other than:(1)the continuation,recurrence,or onset of a serious health condition which would entitle you to FMLA leave; or (2) other circumstances beyond you control,you may be required to reimburse us for our share of hesM Insurance premiums paid on your bow during your FMLA Ism. This is to inform your that:(j*a q*rgp ws emn;.sw worm�dJ 1. You are ❑ eligible ❑not eligible for leave under the FMLA. 2. The requested leave ❑will ❑will not. be counted against you annual FMLA leave entitlement 3. You ❑ will ❑ will not be required to famish medical certification of a serious health condition. If required, you must furnish certification by misw deft) (must be at least 15 days after you are notified of this requirement),or we may delay the commencement of your leave unto,the certification is submitted. 4. You may sled to substifiute accrued paid leave for unpaid FMLA leave.We ❑will ❑will not require that you substitute accrued paid leave for unpaid FMLA leave. if paid leave w40 be used,the following conditions will apply:X vfa" farm WF4J81 Pm.June IM7 S.(a)If you normally pay a portion of the premiums for your health insurance,these payments will continue during FM ve the period of LA leave.Arrangements for payment ha been discussed with you,and it is agreed that you will make premium payments as follows:(Set kdh dates,e.g.,Me 1M of each month,or Pay Periods, etc. that specitkaffy cotw lire apraefrfent w8h the employee.) (b)You have a ndnim.um 30-day(or,h1ditste bnger-Perms if applicable)grace period In which to make premium payments.If payment Is not made timely,your group health insurance may be cancelled,provided we notify you in writing at least 15 days bore the date that your Health coverage will lapse,or,at our option,we may pay your share of the premiums during FMLA leave,and recover these payments from you upon your return to work.We' will ❑ ❑will not pay your share of health insurance premiums while you are on leave, (c) we ❑ will ❑ wui not do the same with.other benetits (e.g.. life Insurance. disability insurance, etc.) while you are on FMLA leave.If we do pay your premiums for other bensills,when you return from leave you ❑will ❑ wlu not be expected to reimburse us for the payments made on your behalf. B. You ❑ will ❑ will not be required to present a fltnessda-duty.certificate prior to being restored to empkormenL If such certification Is required but not received, your return to work may ba delayed until certification is providrd. 7.(a)You ❑are 13 we not a'key employee as described in 1 825.217 of the FMLA regulations. If you we a 'key employer:'restoration to employment may be denied fallowing FMLA Ism on the grounds that such restoration will cause substantial and grievous economic injury to us as discussed in g 825219. (b)we ❑have 'E3, have not determined that restoring you to employment at the conclusion of FMI.A leave will cause substantial and grievous economic harm to us. (Explain(a)enamor(b)below. See§825.279 of the FPAA reguladona) 8. While on leave,you ❑will❑ will not be required to furnish us with periodic reports every (kXNC@s irUervel ofPertodic MPoft,as appropriate for the parfkularift"altos ion) of your status and indent to rehrn to work(see§825.309 of the FA&A/eguisdons).If the circumstances of your leave change and you are able to return to work earlier than the date indicated on the reverse side of thIntenis rm,you work.I 13 will not be required to notify us at least two work days prior to the date you to report to 9. You ❑will ❑will not .be required to famish r cation relating to a serious health condition.(Explain below. ff necessary, induaHng the interval between oerHAeadons as prescribed in§825308 of the FMLA . regulations.) TNaaapdorW tree ram may t»uad to ud*mard"r'PbYw ragrdrsmar>b to P�ft fit—�B FULA ban Wth VAUmt rtotcs dat>>ttna expectations and dit"— of the—Pbyae an0 MY mr>sagtatr>rba d a fSk" b moat then obUps0 w tze CRR ers.M 1.) Nor:Po wn are not nwArad oo ri�pm to to aatadlar of wbnnown unma it dhplaya a ctarw>ty Vold ONG aw"ntarbw. Public Burden Statement We SmUnWs dpi R VM take an awr99e of 5 mlmrtea to conWW rids Wke"an of btamstlon,�>0 an trip ft WAVAV kwAWWM. sprdWta alt ng dab souraaa,9sawft and mabMahft rip data rtasdad,and aanpimm and nNawtnp rip amoaSon d Irdprnp- d you. haw any ao wwft now"thN bwdan simple w any cow at> d of uo r, u,, t d vdjo[ ffibrt, mdu*v su998stlans fw rednft OW burden.son -dWn to rip Adtdnldatw,Wage and Nam bNhbn.napwbmd of kabw. Roan 5-3507.200 coranhow AVWWO,N.W... Weft mt-0•C=10. DO NOT SEND THE COMPLETED FORM TO THE OFFICE SHOWN ABOVE APPENDIX L RESOLUTION#2001-31 —CREDIT FOR MILITARY SERVICE IN IMRF RESOLUTION#2001-31 RESOLUTION TO ALLOW SERVICE CREDIT FOR MILITARY SERVICE IN THE ILLINOIS MUNICIPAL RETIREMENT FUND WHEREAS, Article 7 of the Illinois Pension Code (40 ILES 5/7-139) provides that the governing body of a governmental unit may elect to allow service credit in the Illinois Municipal Retirement Fund to members who served in the am led forces of the United States for all periods of such service prior to their participation in IIVIRF OR whose participation was interrupted by military leave but did not return to IMRF participation within 90 days of discharge; and WHEREAS, such allowance of service credit cannot be limited to a specific RvIRF member and applies to all employees who were in active participating status under IMRF on the date this resolution was adopted; THEREFORE, BE IT RESOL VED that the City Council of the UNITED CITY OF YORKVILLE elects to allow service credit to members who served in the armed forces of the United States for up to two years of service, prior to their participation in the Illinois Municipal Retirement Fund, THEREFORE, BE IT FURTHER RESOL VED that the City Clerk shall be directed to file a certified copy of this resolution with the Board of Trustees of the Illinois Municipal Retirement Fund and that this resolution shall remain in full force and effect until modified or rescinded and notice of such modification or recision has been filed with the Board of Trustees of the Illinois MAYO �PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this ] Day of A.D.204. Atte . � , CI Y CLERK CERTIFICATION xe -jr4.the Clerk of the United City of Yorkville,of the County of Kendall State of Illinois,do hereby certify that I am the keeper of it's books and records and that the foregoing is a true and correct cop f k2selution duly adopted by it's city Council at a meeting duly convened and held on the day of June,2001 Seal . City Clerk, United City of Yorkville APPENDIX M RESOLUTION#01-23 —ACCRUAL OF DENTAL AND VISION BENEFITS RESOLUTION#01-23 RESOLUTION PERMITTING ACCRUAL OF DENTAL AND VISION BENEFITS WHEREAS,the United City of Yorkville provides certain health insurance benefits for its employees; and WHEREAS,the United City of Yorkville provides to its employees and their families reimbursement for dental of One Hundred Fifty Dollars and 00/100 ($150.00)for the employee, One Hundred Twenty-Five Dollars and 00/100 ($125.00)for the spouse, and One Hundred Twenty-Five Dollars and 00/100 ($125.00)for each dependent; and reimbursement for vision of One Hundred Fifty Dollars and 00/100($150.00)for the employee, One Hundred Twenty-Five Dollars and 00/Loo ($125.00)for the spouse, and One Hundred Twenty-Five Dollars and 00/100 ($125.00)for each dependent, for expenses that ordinarily must be expended by the employee each City fiscal year to be eligible for reimbursement; and WHEREAS, the Mayor and City Council deem it to be in the best interest of the City to provide for City employees to accrue and carry over any unused reimbursement for dental and vision expenses for its work force for a total period of three(3)fiscal years and to allow them to use the benefits cumulatively: NOW THEREFORE BE IT RESOL VED BY THE UNITED CITY OF YORKVILLE, upon motion duly made, seconded, and approved by a majority of those Alderman voting, that City employees are hereby permitted to accrue and carry over any unused amounts for dental and vision expenses for a total period of three(3)fiscal years and that the employees shall be permitted to use said benefits cumulatively. PAUL JAMES MARTy MUNNS RICHARD snCKA MDM ANDERSON VALERIE BURR ROSE SPEARS LARRY KOT JOSEPH-BESCO APPROVED byme, Mayor of the United Cityof Yorkville.Kendall County,Illinois,this. , day of A.D.204-1, MAYOR PASSD by te Council of he United City ofYo*viU Kendall County,Illinois this Pte' � of A.D.20j , Attest• Prepared by: Law Offices of Daniel J.Kramer 1107A s._BMp Street Yodcvill%Illinois 60560 630.553.9500 APPENDIX N UNITED CITY OF YORKVILLE OFF-PREMISES TRAINING HOURS WORKED UNITED CITY OF YORKVILLE OFF-PREMISES TRAINING HOURS WORKED AGREEMENT You are enrolling in (name of program) sponsored by (name of agency) This training program will be conducted on (date) (or from to ) and held at (location) This is a (length) training program. A. You will be compensated at your regular rate of pay for the following activities: 1. Classroom hours. 2. Travel time for training or courses outside the Chicago Metropolitan Area (Six County Region): a. As a driver. b. As a passenger if trip is all in one day. C. As a passenger if trip is overnight for travel during normal work hours. Hours of worked allowed: (To be initialed) Employee Acknowledgement: I have read this agreement, understand its contents and agree to comply with its stipulations. Employee Name, Typewritten Employee Signature Date Signature of supervisor receiving signed agreement Date APPENDIX O RESOLUTION#1994-16—INTERNAL REVENUE CODE 457 DEFERRED COMPENSATION RESOLUTION#1994-16 RESOLUTION AUTHORIZING INTERNAL REVENUE CODE 457 DEFERRED COMPENSATION PLAN FOR EMPLOYEES OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE. WHEREAS,the Mayor and City Council, on behalf of the employees of the United City of the Village of Yorkville, wish to create the opportunity for their employees to participate in an Internal Revenue Code 457 Deferred Compensation Plan; and WHEREAS, the participation in said plan by the employees of the United City of the Village of Yorkville creates no new liabilities or financial obligations on behalf of the City of Yorkville, but rather creates the opportunity for financial benefit and favorable tax treatment on the part of its employees; and WHEREAS,the City Council has considered the plans being offered by First of America for said Deferred Compensation Program; and WHEREAS, First of America Bank is currently acting as Plan Supervisor for a Deferred Compensation Plan through First of America Brokerage; and WHEREAS, it is the desire of First of America Brokerage to offer to the employees of the City of Yorkville this service with either or both the Kemper and Parkstone Variable Annuities; and WHEREAS, by authorization of the Deferred Compensation Plan, all regulatory, administrative, and fiduciary responsibilities are hereby assumed by First of America Brokerage on behalf of the City of Yorkville; and WHEREAS, First of America Brokerage as Plan Supervisor agrees to hold harmless and indemnify the City of Yorkville, its appointed and elected officers and participating employees from any loss resulting from First of America Brokerage of its agent's failure to perform its duties and services pursuant to the Deferred Compensation Program: NOW THEREFORE, THE UNITED CITY OF THE VILLAGE OF YORKVILLE, UPON MOTION DULY MADE, SECONDED, AND APPROVED BY A MAJORITY OF THOSE ALDERMEN VOTING ON SAID ISSUE,DOES HEREBY RESOL VE TO APPROVE THE DEFERRED COMPENSATION PLAN OFFERED BY FJRST OF AMERICA BROKERAGE AS A VIABLE PLAN FOR ALL ELIGIBLE UNITED CITY OF THE VILLAGE OF YORKVILLE EMPLOYEES, Passed and-Appwved this day of Avrvvt�.- 1994. r ATTEST: Clerk APPENDIX P RESOLUTION#96-2—AURORA EARTHMOVERS CREDIT UNION RESOLUTION#96-2 RESOLUTION AUTHORIZING EMPLOYEES OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE TO BE MEMBERS OF THE AURORA EARTHMOVERS CREDIT UNION NOW BE IT RESOLVED BY THE UNITED CITY OF THE VILLAGE OF YORKVILLE THAT: 1. That all employees of the UNITED CITY OF THE VILLAGE OF YORKVILLE are authorized to become members of the Aurora Earthmovers Credit Union. 2. That the UNITED CITY OF THE VILLAGE OF YORKVILLE will assist in any necessary or required payroll deductions and payments to the Aurora Earthmovers Credit Union for any of the employees who become members. 3. That the UNITED CITY OF THE VILLAGE OF YORKVILLE will execute any necessary documents to assist the employees of the UNITED CITY OF THE VILLAGE OF YORKVILLE becoming members of the Aurora Earthmovers Credit Union. PASSED AND.APPROVED clue o dsy of ATTEST: . . 011h 0 CTTY.:CLERK Amendments to 2004 Employee Manual Resolution 2005-04 Resolution Amending Tuition Reimbursement Policy Resolution 2005-31 Resolution Amending United City of Yorkville Employee Manual Regarding Prohibited Employment of Certain Spouses and Relatives Resolution 2006-06 Resolution Amending United City of Yorkville Employee Manual Regarding Revised Tuition Reimbursement Policy Resolution 2007-42 Resolution Amending United City of Yorkville Employee Manual (Regarding an Annual Driver's License Audit) Resolution 2007-48 Resolution Amending United City of Yorkville Employee Manual (Regarding Compensation Time) Resolution 2007-52 Resolution Amending United City of Yorkville Employee Manual (Regarding Drug and Alcohol Testing) Resolution 2008-30 Resolution Amending United City of Yorkville Employee Manual Regarding Revised Tuition Reimbursement Policy Resolution 2009-52 Resolution Amending United City of Yorkville Employee Manual Regarding Reduction in Work Force Resolution 2010-11 Resolution Amending United City of Yorkville Employee Manual Regarding Unused Sick Leave Reviewed By: Agenda Item Number 606 Legal ❑ CA#3a Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number m Human Resources F-1 C�"Sad `=Q Community Development El EDC 2012-19 Parks&Recreation Public Works ❑ Agenda Item Summary Memo Title: 2012 OSLAD Grant Cycle—Riverfront Park Meeting and Date: City Council—June 26, 2012 Synopsis: Park Board has recommended submission of Riverfront Park for the 2012 OSLAD Grant cycle. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approve grant submission and DOC-3 Resolution of Authorization and authorize Mayor and City Clerk to execute. Submitted by: Laura Schraw Parks & Recreation Name Department Agenda Item Notes: Applications are due by July 1St. A recommendation to proceed with re-applying for Bicentennial Riverfront Park has been given by the Park Board. Staff is seeking approval to proceed with completing the grant application and requesting approval of the DOC-3 Resolution of Authorization as required for the grant submission. c►ry0 Memorandum EST. 1ss6 To: Committee of the Whole Bart Olson, City Administrator OX11 ft co From: Laura Schraw, Interim Director of Parks & Recreation °°° °, �4 CC: Scott Sleezer, Superintendent of Parks Date: June 7, 2012 Subject: 2012 OSLAD Grant Cycle Application Summary The 2012 OSLAD Grant Cycle is open for applications which are due by July 1St. As of the date of this memo,we have not yet heard if we have been awarded grant funds for our 2011 Riverfront Park application. The state has reported that they have approximately$10411 million available for the last grant cycle. Park Board has recommended that we re-submit the Riverfront Park application for the 2012 cycle in case our current application submission is not awarded to us. The Park Board unanimously agreed that Riverfront Park is the most needed for the community, especially due to the increase in activity since the Whitewater Course has been completed, as well as it being our strongest application due to the elements included. The OSLAD grant application will be a development and acquisition grant. This will require development of the park to the design submitted for the grant as well as acquisition of land, which will also be developed according to the plan submitted. OSLAD Grant Proiect The elements listed below are either a priority for residents and elected officials, such as the playground replacement, score high on the OSLAD scoring system, such as the fishing pier and canoe access beach, or are a recommended improvement to achieve a safe and user-friendly facility. Brick(repair and re-laying along walkway) $32,000 Brick work&new stairs on existing shelter $15,000 Playground& sitting area $132,000 Fishing Pier $70,000 Lighting extension into east end of park $50,000 Parking Lot (completion of small asphalt lot near building) $5,000 Landscape Restoration $19,000 Shared-Use Trail (1,210 LF) $50,000 Canoe Access Beach $5,000 Small Picnic Shelters relocated to woods $5,000 Memorial Area(benches only) $5,000 Woodland Restoration(tree removal for wood chip path, tree planting) $25,000 Vendor pads and electrical outlets $20,000 Rise-off outdoor shower $10,000 Port-o-let/changing facility shelters $14,000 A/E Design 10%) $45,700 $502,700 A project is more favorable to the IDNR if the local agency is contributing more than 50% of the project costs. To achieve this, the City is estimating that the value of the priority elements is greater than$400,000, however, some elements can be completed by the City with no additional financial outlay. This includes items such as forced labor for brick restoration, playground work, electrical work,parking lot and trail construction, woodland restoration, sewer/water for the outdoor shower, and construction of the port-o-let/changing facility shelters, as well as the architectural and engineering design fees. The A/E Design fees would include time spent designing and preparing specifications and construction documents for the project. All of these items can be completed by current City employees. The added benefit of this is to maximize our reimbursement from the state. If prices come in below our originally submitted estimates and additional funds remain for reimbursement, we can be reimbursed for the forced labor and A/E design fees for City staff time. In other words, there will be no final outlay of funds by the City. The design for this park is attached and has not changed from the previous years' design. Land Contribution (Corlands property) A letter of valuation (attached) is provided for the 29.1 acre parcel located south of Blackberry Creek by Thompson Appraisals from the first grant submission in 2010. The estimated value of that parcel is $378,000 based on a$13,000/acre estimate. It is a natural division in the 90 acre parcel, and a concept plan is attached for development of the park. Development of the park must occur within 3 years of acceptance of the final payment of the OSLAD grant, therefore, conceivably(if we are awarded in 2013,begin construction immediately and receive our final payment in 2015) construction would need to be finished by 2018. The site development plan is attached and includes a trail, trail head and map, and interpretive signage along the path. The site currently exists as a natural tall grass field. If the valuation of the land is further reduced by the time of acquisition as part of this grant, additional land will be donated from the larger 60 acre section(the entire Corlands property is approximately 90 acres total) as necessary. The City will not expend any additional funds on the development of the park by increasing the land donation to meet the value of$378,000. Overall Budget Estimate Last year a question on the cost for improving the entire park to the entire conceptual design (without any grant funding) was asked. Below is a preliminary estimate of all elements and the total cost for these improvements. Kiosk(s) $2,000 Parking lot on east side of building $156,000 Bioswale in parking lot $8,000* Boat ramp/canoe launch $46,000 Application cost for railroad easement $2,950 Brick(repair and re-laying along walkway) $32,000 Performance area/pad $20,000 Changing facilities $1,000** Brick work&new stairs on existing shelter $15,000 Playground& sitting area $132,000 Fishing Pier $70,000 Lighting extension into east end of park $50,000 Parking Lot(completion of asphalt near building) $5,000 Landscape Restoration $19,000 Shared-Use Trail (1,210 LF) $50,000 Canoe Access Beach $5,000 Small Picnic Shelters relocated to woods $5,000 Memorial Area $10,000 Woodland Restoration(tree removal for wood chip path, tree planting) $25,000 Vendor pads and electrical outlets $20,000 Rise-off outdoor shower $10,000 Port-o-let Shelters $14,000 Total $697,950 A/E Design fee (15%)*** $104,692.50 Total estimated project cost: $802,642.50 *Cost does not include forced labor to complete work. **Annual fee. *** Estimated cost of project completion using consultants (if Staff did not do design,plans, meetings, construction monitoring, etc.). \ � - - - - z0Z- - - \ } ) � z � 0 \ \ \ - � # 7 ( \ | / \ \ § ^ 2f ` � z _ } ;; ' _ • \ § k \ ( ` , } ; - § m o � 0 � k } ( | 0 § § ` = m / mmRa © � ) j woo � � � \ ( ( k « m ) § ^ § ! ` ` " ` ` z \ / a � m , \ \ \ . � ; ; § . \ ! § z } }/ \ \\ � ! \ Mz z / \£ _ § 2 Y w \ 0 \\ -z ; z) 2 q ( » ) \ 0 0 o : » \ ) § ( k § 00 ) § § 2 ; ! /[ ` � \/k f §7 k ) / Q5 mo m z mo _ Attachment A-9: Appraiser Qualifications Yorkville, United City of Bicentennial Riverfront Park Development e� OLw,.,,4, 60541 9,f, 8151695-1401 EARL48 ccDSBCGLOBAL.NET 815�G95-14b0 May 25, 2010 Mr. Bart Olson City Administrator 800 Game Farm Rd. Yorkville, 11. 60560 Dear Mr. Olson, I have performed an initial examination of the estimated value for the proposed park site referred to as `Kennedy Road Park`, in the City of Yorkville. This proposed park now contains approximately 90.32 +/- acres of land according to information supplied to this appraiser. After examining the relevant sales data from land sales in the subject area, it appears that an appraisal would reach a conclusion that the total estimated value of this park site would be approximately $ 1,174,000 or about $ 13,000 per acre (the 29.1 Ac parcel would be about $ 378,000). This value estimate could change depending upon the time the actual appraisal is completed and the potential change in market value conditions. Full narrative appraisals would comply with all applicable standards and be in compliance with USPAP guidelines in place at the time of the full report. The value conclusion reached would be under the assumption that the site would contain the same approximate acreage as of today date and have all public utilities available with the appropriate zoning on the property. Sincerely, David E. Thompson David E. Thompson Thompson Appraisals BLACKBERRY CREEK PROPERTY ACQUISITION PARCEL CONCEPTUAL SITE DESIGN P sill c CORLANDS PROPERTY ST O� 09O I RELAXATION STATION j fi INFILTRATION BASINS i I I TRAIL HEAD AND MAP * t, 1.03 MILE TRAIL BLACKBERRY CREEK INTERPRETIVE SIGNAGE r EXISTING BLACKBERRY CREEK TRAIL / (GRANDE RESERVE) I O1 BANK OF AMERICA PROPERTY ��j AUTUMN CREEK PROPERTY / United City of Yorkville YDRKVILLE Yorkville Parks & Recreation Dept. NOT TO SCALE 800 Game Farm Road 201 W. Hydraulic St. Yorkville, Illinois 60560 Yorkville, Illinois 60560 CORLANDS AT JUNE 4, 2010 `ro Telephone: 630-553-4350 Telephone: 630-553-4357 BLACKBERRY CREEK GE`V� Fax: 630-553-3436 q Fax: 630-553-4347 DRAWN BY: LAURA SCHRAW NORTH STATE OF ILLINOIS/IDNR DOC-3 RESOLUTION OF AUTHORIZATION OSLAD/LWCF PROJECT APPLICATION 1. Project Sponsor: United City of Yorkville 2. Project Title:Bicentennial Riverfront Park The United City of Yorkville hereby certifies and acknowledges that it has 100%of the funds ticxal pmfea gpm"l necessary(includes cash and value of donated land) to complete the pending OSLAD/LWCF project within the timeframes specified herein for project execution,and that failure to adhere to the specified project timeframe or failure to proceed with the project because of insufficient funds or change in local recreation priorities is sufficient cause for project grant termination which will also result in the ineligibility of the local project sponsor for subsequent Illinois DNR outdoor recreation grant assistance consideration in the next two(2)consecutive grant cycles following project termination. Aciluo5ition and Development Projects It is understood that the project should be completed within the timeframe established in the project agreement and the P inal Billing=reimbursement request will be.suhnrittecl to IDNR as soul[as possible after prgject completion. The Uniled City of Yorkville further acknowledges and certifies that it will comply with all (local pmint 4xxf or) terms,conditions and regulations of l)the Open Space Lands Acquisition and Development(OSLAD)program(17 IL Adm. Code 3025)or federal Land&Water Conservation Fund(LWCF)program(171L Adm.Code 3030),as applicable,2)the federal Uniform Relocation Assistance& Real Property Acquisition Policies Act of 1970(PK 91-646)and/or the Illinois Displaced Persons Relocation Act(3 10 ILLS 40 et.seq.),as applicable,3)the Illinois Human Rights Act(775 1LCS 511-101 et.seq.),4) Title VI of the Civil Rights Act of 1964,(P.L.83-352),5)the Age Discrimination Act of 1975(P.L.94-135),6)the Civil Rights Restoration Act of 1988,(P.L. 100-259)and 7)the Americans with Disabilities Act of 1990(PL 101-336);and will maintain the project area in an attractive and safe conditions,keep the facilities open to the general public during reasonable hours consistent with the type of facility,and obtain from the Illinois DNR written approval for any change or conversion of approved outdoor recreation use of the project site prior to initiating such change or conversion;and for property acquired with OSLAD/LWCF assistance,agree to place a covenant restriction on the project property deed at the time of recording that stipulates the property must be used,in perpetuity,for public outdoor recreation purposes in accordance with the OSLAD/LWCF programs and cannot be sold or exchanged, in whole or part,to another party without approval from the Illinois DNR. BE IT FURTHER PROVIDED that the United City of Yorkville certifies to the best of its (1ceal Project.yxm,arl knowledge that the information provided within the attached application is true and correct. This Resolution of Authorization has been duly discussed and adopted by the United City of Yorkville Uaal prgeu gwtw) at a legal meeting held on the 26 day of June 20 12 (Authorized Signature) Mayor ATTESTED BY: (title) City Clerk (title) Rev.3107 United City of Yorkville BICENTENNIAL RIVEURONT PAU\ DEVELOPMENT AL Ad 2012 OSLAD APPLICATION WRKVILU EST. ti 1838 IF OSLAD APPLICATION CHECKLIST This checklist MUST BE completed and attached to the front of the application when submitted to IDNR for consideration. (Initial each item,as appropriate,to signify it is contained within the application.) NOTE: Only one(1)copy of the full application,containing original signatures,is required. Applications will not be returned PROJECT SPONSOR: United City of Yorkville PROJECT TITLE: Bicentennial R[verfront Park TYPE OF PROJECT: [ [ Acquisition [ I Development [�/I Combination(Dev.project with land donation) Project discussed v.ith DNR grants staff prior to application submittal- ITS [V/ I NO I IDNR Grant Administrator's name:Susan Eubanks Dale discussed: 5122/2012 FORM I A'IFACHMFNT TITLE [ ] DOC'4 GENERAL PROJFCT DATA [ ] Map showing location of ALL existing parkland within Jurisdiction (reference 15a [ ] Park information matrix attached to map [ ] DOC-2 ACQUISITION DATA (Acquisition&Combination Projects only) [ ] DOC-2A ACQUISITION HISTORY&CERTIFICATION(Development Projects only) (Original signature) [ ] DOC-3 RESOLUTION OF AU1't1ORIZATTON (Original signature) [ ] DOC-t DEVELOPMENT DATA [ ] DOC-5 PRELIMINARY RELOCATION PLAN (Acquisition Projects only) [ ] DOC-6 (federal) ASSURANCE OF COMPLIANCE (Acquisition Projects only) [ ] Farm DI 1954 CERTIFICATION REGARDING FEDERAL DEBARMENT (Acquisition Projects only) [ ] ATTACHMENT A-1 NARRATIVE STATEMENT [ ] ATTACHMENT A-la SWIMMING FACILITY JUSTIFICATION ADDENDUM(if applicable) [ ] ATTACHMENT A 2 LOCATION MAP M [ ] ATTACHMENT A-3 SITE DEVELOPMENT PLAN t•t [ ] ATTACHMENT A-3a PRELIMINARY FLOOR PLANS&ELEVATION DRAWINGS (Development Projects only) [ ] A'TTAC'HMFNT A-3b PLAYGROUND PLANS(Development Projects only) [ ] A'111"ACHME:N1 Art PREMISE PLAT MAP for project site t [ ] ATTACHMENT A-5 ENVIRONMENTAL ASSESSMENT STATEMENT [ ]IL Dept.of Agriculture Prime Farmland Sign-Of(if applicable,acquisition only) [ ]Cultural Resources,Endangered Species&Wetlands Review Sign-Off (3 copies required) [ ] ATTACHMENT A-6 COMMITMENT FOR TITLE INSURANCE,DEED,LEASE. [ ] ATTACHMENT A-7 COPY OF FEMA FLOOD MAP FOR PROJECT AREA [ ] ATTACHMENT A-S RELEVANT EXCERPTS FROM LOCAL MASTER PLAN TO JUSTIFY PROJECT (Provide summary of how public involvement was solicited.public mtg notification,minutes, etc.) [ ] ATTACHMENT A-9 APPRAISER QUALIFICATIONS(Acquisition Projects only) t�l NJ ITS']'be drawn to scale and contain a north arrow. Revised 02/2011 OSLAD/LWCF Application System Page 1 of PROM" Illinois DNR ASLAD/LWCF Recreational Grants-In-Aid Program Project Grant Application for FY 2013 Ri+M r NATURAL RESOLI CES Deadline: Monday,July 02, 2012 -----------------------------------------------------------------------------------------------_------- Name of the Grant Administrator Contacted : Ms. Sue Eubanks Date on which the Grant Administrator was contacted : 5/22/2012 Project Title: Bicentennial Riverfront Park App ID# 692 Project Type: COMBINATION Application Number: Applicant Information Project Sponsor Project Designee Contact Person other than applicant)_ enc United City of Yorkville en United CI of Yorkville Prefix Mr. Prefix Mrs. First Name Bart First Name Laura Last Name Olson Last Name Schraw itle City Administrator Title Interim Director of Parks&Recreation ddressi 800 Game Farm Road Addressl 800 Games Farm Road ddress2 Address2 ity Yorkville city Yorkville tate IL Late IL IP Code 60560 IP Code 60560 ele hone 630-553-6537 ele hone 630-553-8574 Fax 630-553-7575 Fax 630-553-7264 Email lbolson@yorkville.1l.us Email Ischraw@yorkville.111.us Project Information Project 5 onsor: United City of Yorkville Project County Kendall Population 116,920 Project Township Kendall Fed Congressional Dist# 14 Senate Districts 25 Chris Lauxen House Districts 50 Kay Hatcher 2 Linda Holmes 83 Linda Cha a-LaVia Project Description Bicentennial Riverfront Park is adjacent to the newly opened Marge Ciine Whitewater Course,a canoe/kayak chute, constructed by IDNR. IDNR is returning the park to it's original condition of a gravel parking lot and turf grass.This 5.4 acre parcel is dedicated to recreation on the Fox River. Improvements to the park Include an ADA canoe beach, fishing pier, boat launch, playground,shared-use path,woodland restoration, fighting,and Improvements to the existing brick walkway and shelter.The park is a regional attraction for users of the state's whitewater facility, and funding will help to make this regional high-profile facility suitable to accomodate the hl h volume of users. Acquisition Estimated Costs Development Estimated Costs Acquisition Costs $378,000.0 Construction Costs $475,000.001 Relocation Costs $0.0 A E Design Fee $40,000.001 Appraisal Costs $4,000.0 Archaeological Survey Costs 1 500.0 Archaeological Survey Costs $1,500.0( CPA Report Costs 1 500.0 Total Acquisition Costs $383,500.0( Total Development Cost $518,000.0c Grant Amount Requested 141 000.0 Grant Amount Requested $259,000.0( Total Project Costs $901,500.00 Total Grant Amount $400,000.00 Requested Sources of Local Matching Funds ® lGeneral Funds 0 on-Referundum Bonds Donations lReferendurn Bonds 12thers oaf Standard Adopted 110 https:Hdnr.state.il.us/ocd/0SLADAppIication/osIadprintpreview.asp 6/18/2012 OSLAD/LWCF Application System Page 2 of otal Acrea 1288.1 caned Acrea a 1288.1 Leased Acreage 10 Facilities No: acility Existing Proposed 1 in & 1 115oat Launch Facilities 1 aseball Fields 11 0 113asketball Courts 0 5 ent Cam Sites 0 0 fitness Trail 0 0 7 Vik�ftnq/Wa n Piers 0 1 ball Fields 0 0 Courses 0 0 10 lkin 0 0 1 1 ce Rink 0 0 12 ature/Interpretive 1 1 13 icnlc Shelters 25 0 14 la rounds 23 1 15 unnln Track p 0 16 oftball Fields 0 0 17 kating Rinks p 0 18 occer Field 1 0 19 wimming Beach 0 0 0 wimmin Pool 0 0 1 ennis Courts 10 2 Iraller/Camper Sites 10 0 123 Nolleyball Courts 10 10 Other Facilities INO.. acility Description Existing Proposed 1 IADA canoe beach 0 1 Other Federal or State Grant Funds involved in the proposed ro"ect E ualized Assessed Valuation T$568,000,000,00 otal number of Employees 1200 nnual Operating Budget [$11,000,000.00 Acquisition Schedule f es mmary of Existing Site Improvements ODE* ARCEL# 18CREAGE ND COST IRELOCATION COST 2-15-451-002 P9.1 1 $378,000.0 $0.0 (*) Code for Acquisition Method:A-Negotiated Price 8 -Condemnation C-Donation Acquisition Status Yes No II or part of the project site Is in Condemnation. El II or part of the project site Is covered in a purchase contract. All or part of the project site Is covered in an option agreement. II or part of the project site Is covered in a lease agreement. U II or part of the project site Is covered by any form of agreement other than those noted above. Latitude 141d 40m 485 N IlLonsitude 188d 24m 42s W lAppraiser i Ved Schneller raiser 2 [Tim Sullivan Acquisition History ICODE PARCEL# Date Acquuired Purchase Price https://dnr.state.il.us/ocd/OSLADApplication/osladprintpreview.asp 6/18/20I2 OSLAD/LWCF Application System Page 3 of 4 2-33-176-001 6/1/1981 10.D 12-33-153-007 6/30/1984 10,0 2-33-153-006 .8/14/1964 10.0 2-33-153-009 6/30/1981 1.0 2-33-153-008 8/31/1971 1 HEM (*} Code for Acquisition Method:A-Negotiated Price B-Condemnation C-Donation Development Cost Estimate Code Development Item Unit Amount stimated Cost F Brick work&stairs on existing shelter 1 25 000.0 DA Playground and sitting area 1 $150.000.0d DA Fishing pier $70,000.001 C Lighting extension through park 1 $70,000.001 Parkinq and shared-use trail $65,000.001 C DA boat launch and ADA canoe access beach $35,000.0 F Memorial sitting area 1 $5,000.0 F oodland restoration&protect Lizard's Tall $20,000.0 C Riser-off shower/ port-o-let changing facility 1 30 000.0 F mall picnic shelter relocation $5,000.0 (* Code for Construction Method: C Contract F Force Acct. D Donated Labor or Materials Neighborhood Description na Number of Individuals to be Displaced lo Number of Families to be Displaced 10 Number of Businesses to be Displaced 0 Number of Farm Operations to be Displaced 10 Number of NPO's to be Displaced 10 Narrative Statement objectives and need for Assistance Bicentennial Riverfront Park's Marge Cline Whitewater Course sees several hundred visitors each week.TheCity Is seeking additional funds to improve the park site to greater benefit all visitors of this exciting new facility.The site plan Includes replacement of the i5 year old playstructure that was removed In 2011, the only boat launch east of the Glen Palmer Dam and west of the Montgomery Dam, an ADA fishing pier,ADA accessible canoe beach, lighting and electric, a shared-use trail, picnic nd restroom/changing shelters,a rinse-off shower for canoe/kayakers, woodland restoration,and protection OF the only native Land of Lizard's Tall In the area by removal of the existing canoe launch facility and restoration of this area. Results/Benefits Expected The Marge Cline Whitewater Course is a premier recreational facility for paddlers that attracts users From the entire state.This Fox River feature has turned the space into a place-a destination-designed to be age-universal for local community members and the regional public. Economically, the development of this park has the potential to revitalize the downtown businesses, ttract new developers and new businesses and increase the attractiveness of the established downtown neighborhoods. pproach Ilork,an of action: 1) complete construction documents and specifications(summer 2013-winter 2014), 2)project to bid (winter- pring 2014), 3)construction begins(spring 2014),4) construction completed (spring/summer 2015), 5)acquisition of property ummer 2015-currently being held for the City), 6) reimbursement from IDNR(fall 2015), 7)begin development of acquired roperty(spring 2016). Project development will be financed by the City. Force account labor will Include brick work,concrete electrical work, canoe beach, small shelter relocation, woodland restoration and landscaping.A majority of the design work III be completed In-house. Geographic Location iverfront Park Iles parallel to Hydraulic Avenue and the Illinois Railway railroad track and Is just south of the Fox River in the heart of downtown Yorkville. See the project location map For specific location.The project donation land Is In the northwest quadrant of Yorkville,west of the Intersection of Bristol Ridge Road an dKennedy Road and ties Into the Blackberry Woods Trail stem. IlPrevious Assistance No previous assistance. Ehed mbination Projects donated land is open space surrounding Blackberry Creek. It is an open parcel, mostly pasture with scattered trees along the e of the creek.The site will be development with a path, information kiosk resting stations and Interpretive signs. https://dnr.state.il.us/ocd/OSLADAppIication/os]adprintpreview.asp 6/18/2012 STATE OF ILLINOIS I DEPT OF NATURAL RESOURCES DOC-1/GENERALPROJECTDAIA OSLADILWCF PROJECT APPLICATION FORM (Page 1 d2) 1. PROJECTSPONSOR: United City of Yorkville l;, FEDERAL EMPLOYER ID NUMBER(FEIN) 2. PROJEC7TITLE: Bicentennial Riverfront Park 366-00-5169 G. POPULATION IN APPLICANTS 3. INDICATE TYPE OF PROJECT [ ]Acquisition [ ] Development 16,920 JURISDICTION: [V] Combination (development project involving a land donation) 4. COUNTY LOCATION: Kendall 7. Fed CONGRESSIONAL DIST#:, 14 TOWNSHIP LOCATION: Kendall IL SENATE DIST#and Name:` 25 Lauzen IL HOUSE DIST#and Name:` 50 Hatcher 'District where project is located 6. PROJECTS PONSOR'S NAIVE,ADDRESS&TELE I FAX NUMBER 9,APPLICANTS DESIGNATED CONIACTPERSON FOR PROJECT United City of Yorkville name,Utle,address&telephone#!FAX# 800 Game Farm Road (must be available Sam-Spin,Monday through Friday) Laura Schraw Yorkville IL 60560 800 Game Farm Road Yorkville IL 60560 ChiefAdminIeb,ator l Official: Bart Olson,City Adminstrator e-mail address Ischraw @yorkville,il,us 10. BRIEF AND CONCISE DESCRIPTION OF PROPOSED PROJECT (be sure to Indicate sizelacreage of prof act site) The Bicentennial Riverfront Park is a 5.4 acre parcel dedicated to recreation on the Fox River. IDNR has improved the park by replacing the Glen Palmer Dam and has completed the Marge Cline Whitewater Course, a canoe and kayak chute, adjacent to the park. Yorkville is seeking OSLAD grant funding to re-develop the park and provide additional recreational benefits to this facility, including a small boat launch and fishing pier. IDNR has restored the park to its original condition: graving parking lot and turf grass. The additional funding will help to make this high-profile facility suitable to accommodate the anticipated 500+weekend users.The following amenities will be added as part of this project: shared-use trail, lighting for safety, new playground (the 15 year old structure was removed in spring 2011), port-o-let shelters, rinse-off showers, memorial area, replacement of worn/uneven brick and new stairs on existing large community pavilion, improving woodland habitat and protection of the only natural stand of Lizard's Tail in this area of the Fox River, a large canoe beach for safe ingress/egress of the river, and the only small boat launch between the Glen Palmer Dam and the Montgomery Dam. (do riot attach additional sheets) 11. (ACQUISITION PROJECT) (estimated coats) 12, (DEVELOP MENTPROJECT} (estimated costs) Acquisition Costs $ 378,000.00 Construction Costs $ 4 7 b°°```f, Relocation Costs $ 0.00 A/E Design Fees $ 40,000.00 Appraisal Costs $ 1,500.00 Archaeological Survey Costs $ 1,500.00 Archaeological Survey Costs $ 1,500.00 CPA Report Costs 3 1,500.00 TOTAL ACO COSTS $ 381,000.00 TOTAL.DEV.COSTS: $ 518,000.00 Grant AmL Requested(_2_0_% $ 169,800.00 Grant Amount Requested(, 50.0 % 230,200.00 r _ �tif j 13. (COMBINATION PROJECT) Complete and add together totals for both#1i end#12 above Total Grant Amount Requested $ 400,000.00 (Add items#11&#12) (said to nwasl fxuxked) For court and m Inns ex 2.0 m#ar resrdais see iv orpmie3d OSLAD mend for pirart Inds Project Sponsor United City of Yorkville DOC-11 GENERAL PROJECT DATA Project Title: Bicentennial Riverfront Park (Page 2 of 2) 14. SOURCE(S)OF LOCAL MATCHING FUNDS: ✓ General Funds ✓ Donations (specify) Private land donation Non-Referendum Bonds ✓ Other(specify) Forced labor,in-house design Referendum Bonds(indicate status or referendum date) Note:See information on page 50 regarding Bond Finance Program and possible low cost loans to help finance the proposed project. (Read instructions on page 45 before completing) 15a.TOTAL PUBLIC PARK 1 OPEN SPACE ACREAGE AVAILABLE 15b. AMOUNT OF PUBLIC PARKLAND]OPEN SPACE WITHIN APPLICANT'S JURISDICTIONAL BOUNDARIES: ACREAGE SHOWN IN 15a THAT 1S OWNED and/or 288 10 LEASED BY APPLICANT: `acres 266.10 acres owned 0.00 acres leased NOTE- Attach legible map showing location of ALL public parkland within applicant's jurisdictional boundaries, For each park site, indicate name,size,general types of rec.facilities available,and whether utilized as"community"or"neighborhood"park, 15. IF APPLICABLE,INDICATE SPECIFIC GOAL or STANDARD "ADOPTED' BY APPLICANT FOR AMOUNT OF LOCAL OPEN SPACE 1 PARK ACRES per 1000 POPULATION WITHIN JURISDICTION. 1000 acres11000 population `Must submit page(s)from local plan or ordinance to substantiate the stated goal or standard. 17.EXISTING SUPPLY OF PROPOSED PROJECT FACILITIES: For each major recreation facility planned for development IN THE PROPOSED PROJECT(see listing below)show existing supplylquanfities o such facilities currenfly available for public use within the jurisdictional boundaries of the project sponsor. (existing# (existing# wlin jurisdiction) wlin jurisdiction) AMPING&PICNIC FACILITIES TRAILS(#of miles to nearest 1110 mi.) Picnic Shelters 25 HikingMalking/multi-use 6 Tent Camp Sites(primitive) ° Trailer/Camper Sites ° Nature/interprefive 10 SPORTS FIELDS&PLAY AREAS Baseball fields 11 WATER FACILITIES Softball Fields 0 Spraygrounds Soccer Fields 0 Swimming Pool 0 Football fields 0 Swimming Beach ( 0 00 Lacrosse or Cricket Fields o (# and L.F.of waterfront Tennis Courts a Boat Launch ramps 00 Basketball Courts 7 Volleyball Courts 0 Fishing Piers a.o Running Track 0 WINTER RECREATION FACILITIES Playgrounds 23 ° In-line skating rinks 1 courts 0 ice Rink Skate ADA canoe beach o Skate Parks 0 Other: OLF COURSES #of holes 0 OTHER risbee Golf Dog Parks 0 NTERPRETIVE CENTERS Fitness Stations(#) 0 18. LIST ANY OTHER STATE OR FEDERAL GRANT FUNDS INVOLVED IN THE PROPOSED PROJECT,PREVIOUS OR ANTICIPATED: (List applicable project numbers and status) IF IYOIVE,CHECK BOX[,/) 19. CURRENT"EQUALIZED ASSESSED VALUATION"TOTAL 20.Applicant's Annual Operating Budget FOR LOCAL SPONSOR JURISDICTION: $ 568,000,000.00 $ 11,000,000.00 STATE OF ILLINOISIDEPT. OF NATURAL RESOURCES DOC 2 -ACQUISITION DATA OSLAD/LWCF Project Application (instructions on page 47) 1. PROJECT SPONSOR: United C'y or Yorkville 2. PROJECT TITLE: Bicentennial Riverfront Park 3. SUMMARY OF EXISTING SITE IMPROVEMENTS (see instructions on page 47 for details.) If None, Check Here [V] 4. ACQUISITION SCHEDULE. ESTIMATED RELOCATION CODE * PARCEL# ACREAGE LAND COST COSTS C 02-15-451-002 29.10 $378.000.00 $0.00 TOTALS 29.10 $378,000.00 $0.00 *CODE: A)Anticipate Negotiated Purchase B)Possible Condemnation C)Donation(see page 47 note) (willing seller) (may be unwilling seller) S. ACQUISITION STATUS YES NO A. All or part of the project site is In Condemnation (If yes,submit copy of petition to condemn) l 1 ✓1 B. All or part of the project site is covered In a Purchase Contract (If yes,submit copy of contract) ] 14 C. All or part of the project site is covered in an Option Agreement (If yes,submit copy of Option) ] 11/1 D. All or part of the project site Is covered in a Lease Agreement (If yes,attach copy of lease) l 1 I+/1 E. All or part of the project site is covered by any form of agreement other than those noted above that commits local project V1 [ ] sponsor to acquire property.(If yes,submit copy of agreement) 6. Provide GPS(Global Positioning System)Coordinates for the site. ideally,the reading should be taken near the proposed park entrance. Latitude Longitude CPS Coordinates(Deg.1Min./Sec./Dlr.) 41d 40m 48s N 88d 24m 42s W Rev.2105 STATE OF ILLINOIS/DNR DOC-2A OSLAD/LWCF PROJECT APPLICATION FORM (Development Projects only) ACQUISITION HISTORY and CERTIFICATION (see instructions on page 48) ACQUISITION HISTORY: Acquisition Method(see Parcel# Date Acquired Purchase Price code) (CODE) 02-33-176.009 06/01/1981 $10.00 A a)Negotiated Purchase h)Condemnation c)Donation 02-33.153.007 06/30/1984 $10.00 A 02.33=153-006 08/14/1964 $10.00 A 02.33-153.009 06/30/1981 $1.00 A 02-33.153~0oa 08/31/1971 $1,433.00 A ACQUISITION CERTIFICATION: I Bart Olson City Administrator of the (name) (title) United City of Yorkville do hereby certify,to the best of my knowledge and under (local agency) penalty for willful misstatement,that the property for which this development grant assistance is being sought was either 1) acquired in general compliance with P.L. 91-646 (Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970) or the state's Displaced Persons Relocation Act(310 ILLS 40 et. seq.), 2) acquired prior to January 2, 1971,OR 3)at the time of its acquisition,no planning had been initiated or contemplated by this local agency to obtain State OSLAD development grant assistance. (signature) (date) STATE OF ILLINOIS/1DNR DOC-3 RESOLUTION OF AUTHORIZATION OSLAD/LWCF PROJECT APPLICATION 1. Project Sponsor: United City of Yorkville 2. Project Title:Bicentennial Riverfront Park The United City of Yorkville hereby certifies and acknowledges that it has 100%of the funds 'local prolm q�onwrl necessary(includes cash and value of donated land)to complete the pending OSLAD/LWCF project within the timeframes specified herein for project execution,and that failure to adhere to the specified project timeframe or failure to proceed with the project because of insufficient funds or change in local recreation priorities is sufficient cause for project grant termination which will also result in the ineligibility of the local project sponsor for subsequent Illinois DNR outdoor recreation grant assistance consideration in the next two(2)consecutive grant cycles following project termination. Acquisition and Development Prgiects It is understood that the project should be completed within the timeframe established in the project agreement and the Final Billing reimbin sement request it-ill he submitted to 1DNR as soon as possible after project completion. The United City of Yorkvllle further acknowledges and certifies that it will comply with ail X10:41 plok..1 4X4JWr) terms,conditions and regulations of 1)the Open Space Lands Acquisition and Development(OSLAD)program(17 IL Adm. Code 3025)or federal Land&Water Conservation Fund(LWCF)program(17 IL Adm.Code 3030),as applicable,2)the federal Uniform Relocation Assistance& Real Property Acquisition Policies Act of 1970(P.L.91-646)and/or the Illinois Displaced Persons Relocation Act(3 10 ILLS 40 et.seq.),as applicable,3)the Illinois Human Rights Act(775 ILCS 5/1-101 et.seq.),4) Title VI of the Civil Rights Act of 1964,(P.L.83-352),5)the Age Discrimination Act of 1975(P.L.94-135),6)the Civil Rights Restoration Act of 1988,(P.L. 100-259)and 7)the Americans with Disabilities Act of 1990(PL 101-336),and will maintain the project area in an attractive and safe conditions,keep the facilities open to the general public during reasonable hours consistent with the type of facility,and obtain from the Illinois DNR written approval for any change or conversion of approved outdoor recreation use of the project site prior to initiating such change or conversion.and for property acquired with OSLAD/LWCF assistance,agree to place a covenant restriction on the project property deed at the time of recording that stipulates the property must be used,in perpetuity,for public outdoor recreation purposes in accordance with the OSLADIL,WCF programs and cannot be sold or exchanged,in whole or part,to another party without approval from the Illinois DNR. BE IT FURTHER PROVIDED that the United City of Yorkville certifies to the best of its (local project 4.panwr) knowledge that the information provided within the attached application is true and correct. This Resolution of Authorization has been duly discussed and adopted by the United City of Yorkville (loo[pmlect qx awr) at a legal meeting held on the day of -,20-. (Authorized Signature) ATTESTED BY: (title) (title) Rev.3107 STATE OF ILLINOIS I DEPT OF NATURAL RESOURCES DOC-4I DEVELOPMENT DATA OSLAD I LWCF PROJECT APPLICATION 1. Project Sponsor: United City of Yorkville 2. Project Title: Bicentennial Riverfront Park 3. Acquisition, _ Development ✓ NOTE: Acquisition Projects-complete items#4 and#6 below as they pertain to future development. 4. DEVELOPMENT ITEM 5. UNIT AMT. 6. ESTIMATED COSTS Brick work & stairs on existing shelter 1 $25,000.00 ADA Playground and sitting area 1 $150,000.00 Fishing Pier 1 $70,000.00 Lighting extension 1 $70,000.00 Parking & shared-use trail 1 $65,000.00 ADA boat launch and ADA canoe access beach 1 $35,000.00 Memorial sitting area 1 $5,000.00 Woodland restoration&protect Lizard's Tail 1 $20,000.00 Rinse-off shower)port-o-let changing facility 1 $30,000.00 Small picnic shelter relocation 1 $5,000.00 CPA Report Costs $1,500.00 1 E Design Fees: <15.25%of cons)cost 1 $40,000.00 (✓)Potential Archaeological Survey 1 $1,500.00 TOTAL ESTIMATED COST: $518,000.00 NOTE: Donated labor and material are not eligible for reimbursement. (✓) Projects approved for OSLAD funding may require the completion of an archaeological reconnaissance survey on the project site. Estimated cost for such a survey may be Included In the project budget. Provide a quarterly expenditure schedule for the grant funds to the best of your knowledge or ability. Use quarterly time increments. Example: Year 1,Quarter 1 =$1 OK(engineering fees). The project sponsor is not bound to this schedule and revisions can be made during the course of the project as necessary. Quarterly Expenditure Schedule Year 1, Quarter 1 =$10,000 (design &engineering fees) Year 1, Quarter 2 = $10,000(design &engineering fees) Year 1, Quarter 3 = $10,000(design&engineering fees) Year 1, Quarter 4=$10,000(design & engineering fees) Year 2, Quarter 1 =$150,000(stairs, brick work, lighting, parking/trail) Year 2, Quarter 2 =continue above+$273,000(playground,fishing pier, picnic relocation, boat launch, memorial area, shower/shelter) Year 2, Quarter 3 =continue above+$45,000(canoe beach,woodland clearing) Year 2, Quarter 4=complete remaining work and woodland restoration/landscaping Year 3, Quarter 1 = submit for reimbursement STATE OF ILLINOIS/DEPT OF NATURAL RESOURCES DOC-41 DEVELOPMENT DATA OSLAD 1 LWCF PROJECT APPLICATION 1. Project Sponsor: United City of Yorkville 2. Project Title. Riverfront Park 3. Acquisition ✓ Development NOTE: Acquisition Projects-complete items 44 and#6 below as they pertain to fut ure development. 4 DEVELOPMENT ITEM 5. UNIT AMT, 6. ESTIMATED COSTS Path 1 $2,000.00 Informational kiosk 1 $8,000.00 Interpretive signage 5 $3,000.00 Benches 4 $4,500.00 CPA Report Costs 1 $1,500.00 1 E Design Fees: <15.25%of const cost 1 $4,500.00 (✓)Potential Archaeological Survey 1 $1,500.00 TOTAL ESTIMATED COST: $25,000.00 NOTE: Donated labor and material are not eligible for reimbursement. (✓) Projects approved for OSLAD funding may require the completion of an archaeological reconnaissance survey on the project site. Estimated rost for such a survey may be included in the project budget. Provide a quarterly expenditure schedule for the grant funds to the best of your knowledge or ability. Use quarterly time increments. Example: Year 1,Quarter 1 =$1 OK(engineering fees). The project sponsor is not bound to this schedule and revisions can be made during the course of the project as necessary. STATE OF ILLINOIS/DNR DOC-5 PRELIMINARY RELOCATION ESTIMATE OSLAD/LWCF PROJECT APPLICATION (Acquisition Projects only) I. PROJECT SPONSOR: United City of Yorkville 2. PROJECT TITLE: Bicentennial Riverfront Park 3. NEIGHBORHOOD DESCRIPTION. (Comment on the charracteristics of and the means of lnehhood for those tobedisplaced Comment on propem Values and types or kinds of improvements 1 Attach additional shect(s)if necessary 4. APPROXIMATE NUMBER OF INDIVIDUALS TO BE DISPLACED 0 5. APPROXIMATE NUMBER OF FAMILIES TO BE DISPLACED 0 G. APPROXIMATE NUMBER OF BUSINESSES TO BE DISPLACED 0 7. APPROXIMATE NUMBER OF FARM OPERATIONS TO BE DISPLACED 0 S. APPROXIMATE NUMBER OF NON-PROFIT ORGANIZATIONS TO BE DISPLACED 0 Revised: 2106 DOC C ASSURANCE Or COMPLIANCE ASSURANCE.OF COMPLIANCE United City of Yorkville (hereinafter called"Applicant-Recipient"), HEREBY (local agency name) AGREES THAI' IT will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), Section 504 of the Rehabilitation Act of 1973(P.L.93-112)as amended,the Age Discrimination Act of 1975 (P.L.94-135),the Civil Rights Restoration Act of 1988(P.L.100-259)and the Americans with Disabilities Act of 1990(PL 101-336),and all requirements imposed by or pursuant to the U.S. Department of the Interior Regulation(43 CFR 17)issued pursuant to these laws,to the end that no person in the United States shall,on the ground of race,color,creed,national origin,sex,age,or disability, be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives financial assistance from the U.S. Department of the Interior and HEREBY GIVES ASSURANCE THAT IT will immediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant-Recipient by the U.S.Department of the Interior,this assurance obligates theApplicant-Recipient,or in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance obligates the Applicanr-Recipienr for the period during which it retains ownership or possession of the property.In all other cases, this assurance obligates the Applicant-Recipient for the period during which the Federal financial assistance is extended to it by the U.S. Department of the Interior. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts,property discounts or other Federal financial assistance extended after the date hereof to the Applicant-Recipient by the bureau or office, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance,and that the United Stares shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant- Recipient,its successors,transferees,and assignees,and the person whose signature appear's below is authorized to sign this assurance on behalf of the Applicant-Recipient. United City of Yorkville (Date) (APPLICANT/ RECIPIENT) BY: (President,Chairman of Board or Comparable authorized Official) 800 Game Farm Road APPLICANTIRECIPIENT MAILING ADDRESS Yorkville IL 60560 CITY,STATE.,ZIP CODE REV.02192 U.S. DEPARTMENT OF THE INTERIOR Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion Local Agency Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension,43 CFR Part 12,Section 12.510,Participants'responsibilities. The regulations were published as Part VI of the May 26, 1988 Federal Register(pages 19160-19211). For assistance in obtaining a copy of the regulations, contact the U.S. Department of the Interior, Acquisition and Assistance Division, Office of Acquisition and Property Management, 18th and C Streets, N.W., Washington D.C. 20240. AS CHIEF ELECTED OFFICIAL of the below indicated Illinois local unit of government seeking LWCF financial assistance, I do hereby certify that: 1. The prospective local agency project sponsor(sub-recipient)certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective local agency project sponsor(sub-recipient)is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. United City of Yorkville Local Project Sponsor City Administrator Name and Title of Authorized Representative Signature Date DI 1954 Y 1 i r 44 i � a C L yE9 Clt UNITED CITY YI PARK AND RECRE,AT -'L2E r a w J� :PARK NAME LOCATION:STREET NAME(S) THEME Q¢r� a� CT q��m�m lI uF Vok `r I 1 IPurc.11 Park .325 Fa,-e or NE Y 0.3 Z foe,HillEul Perk 14 74 Syumora Rd ;NW N ■ ■ _ __, Fox NOr Wat Park I T11 JOhn Sir••( �� i',NW M 10 ■ __ _,__ ■ 4 Hiding Spot Park 307 Perk 6 Froo-d IMuac INE Y 135 r ■_ S Emily Slenr9r Pa rk ;$311.-® ead DIM IN5 Y 0.75 _ ■ I Town Sgwrn Park 1341 N Brdga 111Y 471 NW I C 2.5 _ 7 ,Baeclwr Park 1807 Game F11-ROW INW AIC ! 20 ■ 0!rinEmmen Perk 1374E Van E«impn ROad I 'SSE C Z ■ 0 .Pk.Park _!525 Barmng Bush Dr ISW N 07 • __.- �._- ■ 4 t0,Rhl.r}rort Park 201 Eaal H10r944 SV"t SE C I 5 _ __ _•_�_, __•_ I- I1,KrwaNa Park .1800 GO nVy H4 Drr a Fpl +SE N Z' 12,Rrc•Perk 515 Popar Drn. -Trar■pMlaml SW M 1.25 _ 13;Waal Hydraulic Park .Wear Hydrauhc Street .SW M O.T; 1e, FOI Edge,Park 074 Stony Greek L.- _ .�. .. ;_SW,_ M 03 75,Crawford Park ,201 WIndh-CrcN I_ _ ISW NR _G' ie i7wdlowar Park 1705 wa1rh Dnw .Farm �SW N _ _2, • I T. _, i I 1TGnImnWllRWga Park 12087 HOrIHaM Lane ,CM Wu SW _ N 3.21 ■ i_ _ _ _� __. 181GIIherl Park 70.1 Adr■n 51 ,Tree,HOwa hW I M 0.2, I 1 - 10 Rol.ry 2775 C~da Tral 1Hgh Adwnkra INS 201 Brhtol BtaLlon Park :2753 Wan Day io Tran INE CISP 120 ■ ■ Junfarilyomen'a 0 iu6 Mdal i 2t IH•ord nd Clmla 1207 Taus Crq. _ ;Span !NE N I 5.0 >_•__ _ _ _ - I 22 Jaycaa Pond 1410W CaMar St HW NR 7.0 _ _ _, �,_ _ ■ 23 Cohh Park 'lgs C.I.-I Parkway :Anwnun GladmW lSE , M i 1.0 24 RaLr■ree Ylllaga Park A '524 Parkade Lana O-U. SE A - 3b5l 25 i11pyen C.■rklq•Park Kamady Rd Bwrba3 kW IRINR. 60J0 #!_ ♦� _, _ __•__ _, pO;SOpping SWeea Part( i3t52 GrarrH Trill :5chwr _NE SPIN ; 11.0; 27;Wlwalon Weoda 205 Wheoto A- NW NR �G 20 reeh'.FIIII Ma N15talkn Park ;2735 Aun Creek e1w .Tw penal- ,NE-�N 5.0k-R_ 20,Riorn.rarchoolder Park ,000 Hayden Dr frylghlar 'NE M 7.7 3 W 0_'BroIB•y Park A _._4552 Roas-mk•I St .'�Caaa INE N 3,Oi 31,Raili-al Park at Bdslol Bay BrsI Bay Dr ]NE R 11110 ■ 32,R.Imt-Ylllaq•Park 6 1172 FY•m Croaaaq D- Caaea__ _LSE _� C 7.3. a i- i 32'CLark Park 108E Mm 51 INENR __11.0: 7Grurd.R.mm Park A _- _ 34!IImkateaoaLm.Odj 3072 TU ny Tral ,1rse H- E_y N S.tl nrtd -Ge Rees m Park 6 - ! p 35 (�rd a*-t-tad' ;22728Mdasd Or ICasue _ INE _N _ _ E.E:_ I r T.W acmap I I 288.!• i SCHOOL SITBS A iY rkMM Nigh BChool 17W.Gq.F.-Rd INW __ _�_■ _ _ _ B -Y rkvilN Nighecie Academy__ 7C2 Gunn Farm Rd - __-r-- .INW l 5n ■ _ _ _ _ C_IYoAMOe,_intamedlaw School 103 IndSc houaa Rtl ,SE ■ T 0 iClml.C.nw Grad.Bch" ._-iy01 M■Sl _ _- _ - ISE _ �_#_t _ - + _- E iYorkNlN Grade Bchoq _ 1201 WaM Som0rwut SI i N W ■_ F !Grande Re"m BIHMrWrY _13142 GrarW Tra[ INE G !■Halos Bay ENrn-Lory School 1427 Bra a Bay Or NE _�„A_ H!0,1.dl Grad•deheu 123 Hurt Si -- i- - --- �NE -}- 1 IYorkd0a MWdla Sehooi 1020 Pray■Cm D, _ ISE 1 -�_■ __ _ ._.. J AuiU hCI,sakEk".mAryff0ool 2377Aulumn Cr.et Bird SE I ! Attachment A-1: Narrative Statement Yorkville, United City of Bicentennial Riverfront Park Development Project Description & Need Bicentennial Riverfront Park's Marge Cline Whitewater Course is completed and open.This facility, built by the Illinois Department of Natural Resources, is a premier recreational facility in the state.The adjacent park, owned by the United City of Yorkville, is in need of user amenities for this facility to make the site open to users of all ages and abilities. This park will be a high profile improvement to the region as users come from all over Illinois to utilize the whitewater facility. Proposed development at the park will consist of the following 1)Brick removal& new stairs on existing shelter,2)a themed age 5-12 playground & sitting area,3)ADA fishing pier 4) security lighting with hookups for vendor uses for farmer's markets and festivals, 5) parking lot improvement for building at 301 W. Hydraulic, 6) landscape restoration, 7)ten foot (10')wide shared-use trail(1,210 LF), 8) ADA canoe access limestone beach for safer ingresslegress in the Fox River 9) relocated wood picnic shelters, 10) memorial area for all those who have lost their lives in the River at the Dam, 11)woodland restoration(tree removal for wood chip path,tree planting), and 11)two port-o-let shelters for facility users and 12)small ADA boat launch facility. Total estimated cost for the proposed new park development is $518,000.The City will use the value of residual funds in an amount of$172,000 plus an excess donation (29.1 acres) in Grande Reserve subdivision as their local match on the project.The value of this private developer donation is estimated at $378,000 -. Combining the proposed donation value with estimated park development costs brings total eligible project costs to $901,500 (including appraiser and archaeological fees). The City is requesting $400,000 in OSLAD funding to help offset a portion of the proposed project development cost. Due to the state's participation in this park's improvement to a regional attraction,the City, especially affected by hard economic times, is requesting funding;to help the recreational benefits of this park and users statewide. Results/Benefits Expected The proposed project addresses the following;DNR statewide recreation/resource conservation priorities as noted in the OSLAD grant manual: • All the proposed facilities are of high need for the community with the exception of the playground, although the proposed playground was specifically requested in the public meetings to provide a safe location for children to play while visiting the park. • The park site will provide a recreation benefit to all users who chose to come use the state's whitewater canoe/kayak chute. • The fishing pier will be the FIRST such recreation facility upstream of the dam (and canoe/kayak chute) in the community. • The small boat launch will be the FIRST such recreation facility upstream of the dam (and canoe/kayak chute) in the community since the old launch was removed in 2007. • The project is well supported and justified by local planning efforts/documents. • Project involves the use of a private `Hand donation"to help finance the project. Proiect Approach &Proposed Implementation Schedule Yorkville can begin working on park construction documents immediately, including the public bidding process for construction. It is anticipated the project would be completed by early 2015.This is a high priority project for Yorkville due to the use experienced from the Marge Cline Whitewater Course. The project will be administered locally by Laura Schraw, City Park Designer/Interim Director of Parks & Recreation, and Scott Sleezer, Superintendent of Parks. It is anticipated that professional design services for the project and construction supervision will be provided in-house using staff.Yorkville is confident in her abilities to administer this grant to IDNR's guidelines. Appraisals will be ordered immediately for the acquisition site to establish "fair market value"upon DNR grant approval for the land that was donated to the city in excess of local ordinance requirements. Once the value is established,title to the property will be secured by Yorkville. Future development of the donated land for public recreation use will commence within three(3) following completion of the Bicentennial Riverfront Park development and receipt of grant reimbursement from DNR. Proiect Location Bicentennial Riverfront Park is Yorkville's most visible and highly used piece of public riverfront property. Visible from the Route 47 bridge across the Fox River, all motorists who pass by can see the canoe/kayak course, shelter, and open space inviting them to stop and take a break. The 5.4 acre parcel invites all to enjoy the Fox River in the heart of Yorkville's downtown. See the project location map for specific location. The donated land is open space that is just south of Blackberry Creek near Bristol Station Road and Kennedy Road. A creek meanders on the northern edge of the parcel.The remaining land is a tall grass habitat. r Il1ino1s Department of Natural Resources PatQu;nn Gcvemor 0ae Netnrel Resources Way 5pringd K Illinob 62702-1271 Aare Miller,Dircoor httpJldnrsiate3l ns January 20, 2012 Ms. Laura Schraw Interim Director of Parks and Recreation United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Project OS 07-1571 Riemenschneider Park Dear Ms. Schraw: I have been advised by Department Grants staff that the above referenced, and recently completed, FY`07 grant project has a residual value of$172,000.00. As you may know,the 8.8 acre land donation that was part of the project had a Department certified fair market value of$572,000.00. Of that amount, $400,000.00 was used for this project. The remainder will be carried over to the upcoming application period as part, or all,of the city's local match for another project. However,be advised that this residual value will only be available for the FY`13 grant cycle. The application submittal deadline is July 1,2012. Additionally,be advised that the residual value will only be available to the city if a project application scores high enough to be selected for project funding. The criteria used for evaluating applications is found on pages 17-19 of the Local Participation Manual. We appreciate your interest in the OSLAD grant program and the city's efforts to improve close-to- home recreational opportunities. If you have any questions regarding this matter,please feel free to contact Sue Eubanks of my staff at 217/785-3884. Sincerely, 4�a 6✓ Tom DiLello Division Manager Division,of Grant Administration TD/ske i G. + - y Looking east towards building. a Marge Cline Whitewater Course on left, park on right. i �I Y Small shelters to be relocated to open up a larger lawn area for special events, and allow pedestrian access to the future bridge over the Marge Cline Whitewater Course. t 4 µ _* 4J+ Looking west over gravel parking area and park. e s i r Existing shelter. _ w Existing Civic Lawn area. * tip• _ ._ Fi } " I! ill II Woods in need of restoration, included in this project. = . . Attar-hirnentA-2: Location Map Yorkville, United City of BiciDn Iii ��ti w �-- l� Grant Applicatio I PR Location /I!) ••• 'w�•y a '� ��J1 �l Y �r ,�i. rr.r `FA Y OW IWFAIL- ��wrw� •, * Y1 � A � Location Map ii ' Miles mmoranum,exprusadorimptiod,to the use DUN Dou, June 1 ro Attachment A-2: Location Map F`'n°°°r�`" Gfind Yorkville United City of "'�••�•• _., Bicentennial Riverfront Park Development ................ w j O�.»w■4n Apprllreve > y •7 y} 1 ¢ Irr Sf , ffa1rO I ParfrS Q 1 I R°d*00d,Q :�. ` ,•� onau S . a t w .•a• i ��r • i � •�, e ! r..l �. rre„r� • _ "[etiSt� 4 tom' Z I' !Matte-S �6°hr°nr•Sf-J • �� T i Loc ion f � FI d► u Y lic-A r [�edrr�l r 1 . 47 Evan-Emman-S _ � WIN S 1 Van¢mfn°�P � � E-Ardgl.Sti ` � � 1 FOX-S,1 war IV.,, hingf 31-- 1 r q �T j w N f E-Oranil" ggt Ogren-Sly I °dai�St�••� I U3 �Blarna S wrnerS ■a q j -Elizahalh-S 126 IgrnFE r,°F`� ..1 c 1 140 b °c5� 'mod , ' •�. � ' l Grrd°rm, l Riverfront Park 0 Soo 000 the y,ffm hTW5,of completenesntyor a°y>•pnseMStlpi s rssuraoy,r"to Aess,areaccufeness.!tis Ibe nsPan1N111Y fM "apprW fer"to Safi fne e-The J g ed 4M ese,completeness,and W � E Location Map appr°prAienas, Xpfe sed The plied,to t use of ae mater no FBI wanaNNr,expressetl ar implied,[o the use°f an Date. June 2010 -Map produced ey untied Ory v yarkvlife am s BICENTENNIAL RIVERFRONT PAF CONCEPTUAL SITE D NIL FISH LADCER GLEN D. PALMER DAM MtEMORIAL PLAZA EXISTING`CODE BLUE" 1 Mr--RGENCY PALE - - ACCESS STAI CANOE ACCESS,48y - PEDESTRIAN EXISTING '� -- PARKING LOT - -- - - - EXISTING --- .- a - i CANOEIKAYAX CHUTE RECREATION- - BUILDING 4� ism A! - HYDRA IJC AV E__ — _r EXISTING LARGE SHELTER AND PLAZA / /PORT CIVIC LAWN (FOR PERFORMANCES � SHEL M AND VENDOR FAIRS) '_ LPLAYGROUN AND SITTING U SHARED-USE TRAIL INFORMATIONAL KIOSK- - PERFORMANCE 4s° C*k United City of Yorkville WRKvILLE Yorkville Parks&Recreation Del 800 Game Farm Road 202 E.Countryside Parkway Yorkville, Illinois 60560 Yorkville, Illinois 60560 Telephone:630-5534350 Telephone:630-553-2582 Fax:630-553-3436 Fax:630-553-2644 Attachment A-3a: Fishing Pier Yorkville, United City of Bicentennial Riverfront Park Development i r, Fishing pier design, option#1. Fishing pier design, option#z. ✓ E 4 x C4 r rt i s♦ .G. ti v i i 0 L. i g o Q � F x H X 4 v, t .y .t py. t 1 4t 't r� .t .t , .4t a � Attachment A-3a:Small Shelters Yorkville, United City of Bicentennial Riverfront Park Development y . No drawings exist of 2 shelters to be relocated to wooded area.They were constructed by volunteers. Attachment A-3a:Playground Drawings Yorkville, United City of Bicentennial Riverfront Park Development I fl The playground will be designed through a Request for Proposals for equipment to fit a theme, as well as public comment on the equipment.Safety surfacing is mulch. Playground plans and final design will be submitted for IDNR approval prior to construction documents being completed and released for bidding. Attachment A-3a:Canoe Launch Accessibility Yorkville, United City of Bicentennial Riverfront Park Development p IIr r r G' r� Proposed canoe access beach is at minimum 25' of riverfront beach access,full ADA accessible path, and will be constructed of ADA accessible material. rtrae{.pr.t n�u HO:.i�l'4 iaF uMU�ro]9 q+ia 4-il.1.D+0ur Oil*SIY� W Q Fo i Ua LLI �A Ua i o C o q � } C 01 > n Va, w a E D om{Nj O� Naa x Z C3 p o z z 40� d w n E2Z i > Q Z U vixa V D w 0 z o z° r ZV� ¢ c� a oz� =� az�Q�mo zuz �w�0 o a�Noz°z <=¢t� �za3 b¢z¢waa w0a-0 Z 5- � �—' iL'� X rrQ 0-0000-azw�„ ( wa ) tiO-DFt-_ aZw?UUb? 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Attach to this EAS checklist a concise (no more than 1 page) description of the project site including dimensions(size), physical characteristics(pay particular attention to unique features),and existing improvements on the property, 2. For each of the following environmental and social factors,indicate to the best of your knowledge whether the proposed F during will have a Beneficial(B),Neutral(N),or Adverse(A)impactor is Not Applicable(NA). Consider both temporary during construction)and long-tern impacts. 3. For Adverse A) impacts, explain in the Comment Section of this EAS the nature of the impact and whether l) it can be minmizze yymmltigation measures OR 2)is unavoidable and cannot be positively add ressedlmitigated. FACTORS Key to impacts: (B)Beneficial, (N)Neutral, (A)Adverse (NIA) Not Applicable (Check only 1 box for each factor) Socio-Economic Factors Type or Impact B N a n1a Adjacent Land Use(describe Railroadiriver V I 1 I 2 Disruption of Neighborhood/Commumt)Cohesion ] V1 1 ] 3. Impact on churches/cemeteries/schools/healthcare facilities f elderly housing a. local economicfbusiness impacts l✓I I I 11 [ 1 5 Displacement 1 Relocation of residcnce�s)or business I I 11 11 1J1 6. Local Tax Base(i.e.property tax loss) I I I 1 I I V1 7 Land Use Change/-Zoning ] ] [ ] [ ] VI (indicate current zoning classification 9. Agricultural Activities/Prime Farmland Conversion t*) In compliance with the 1982 Illinois Farmland Preservation Act,it is MANDATORY that notiticalion be sent to the IL Dept ofAgriculture (IDOA).Bureau of Land Water Resources,State Fairgrounds,Springfield,IL 62794-9281(tele.217/782-6297) regarding all land acquisition, proleetS located outside municipal corporate limits regardless of the land's current use. Application material to be provided includes"copies" of I)project location map(attachment A-2)with project boundary clearly delineated,2)project plat map(attachment A-4),xith current zoning and adjacent land uses identified on the map, 3)county soil survey map m ith the project sue boundary delineated(sod maps can be obtained liom the County Soil&Water Conservation District off ice).and 4)completed application Narrative Statement(Attachment A-1).Comments provided by the IDOA to the projecl sponsor must be submilred to the DA'R as parr of fhe pr(yecr applicalion review process. [ I Project requires IDOA revicN% Date Sent [ I Project does not require[DOA review Phvsical Resource Factors 9 Wildlife/Wildlife Habitat. Game Species I V1 I I Non-Game Species V [ 1 I I 10 Fisheries [✓1 I I 1 [ 1 11, Sods(erosion,removal,contamination) 12 Air Quality 114 [ I I I 13 Noise [ ENVIRONMENTAL ASSESSMENT STATEMF,NT (page 2 or3) Physical Resource Factors(cont.) Tv-pe of Impact B N A nla 13 Energy Llseage 15 Water Uscage [�] [ ] [ [ I 16 Mineral Resources 17 Tree Removal t/I [ I ] ] [ ] 18 Surface Waters(lakes.streams.drainageways.etc) 19 Groundwater V ] ] [ I 20 Floodplains ] (percent of prqiect area within 100 year ll(xalplain- 0.0 %) Y' 21 Wetlands M 22 Threatened and Endangered species (•} [ ] [ 'j [ 1 23 Archaeological Resources and Historic Sites/Districts (•) [ ] [ ] I f') See required"Cultural Resource,Endangered Species&Wetlands Review Report"form located at the end of this EAS report that must be completed(with the requested map attachments and photos,ifapplicable)and attached in duplica(eJ1E22ic,-,j to the EAS as part ofthe project application submitted to the DNR As purl gfthe cultural resource review.an on-sue archaeological reconnaissance survey may he required Ire deternrtne the existence and or signirconce r f such resources and jxuentiul impacts to them. The cost of such a surrey is the responsibiluy of the local applicant and is eligible forgranr ussistonce IF included to the application project budget. }'au irtli be nottfied If suclt a surrey is required PI,FASE NOTE that the survey,irrequired,does not need to be conducted until after DNR grant approval. Other Factors 24 Public Roadway/Traffic/Public Transit I Railroad Impacts 25 Public Utilities/Transmission Facilities [ ] 601 [ I [ I 26 Visual Impacts [,1 [ I [ I 27 Hazardous Waste/Materials I [ I ]� 28 Consistency with Local Plans (if no,explain) YES ✓ NO NOTE: Acquisition applicants with proiectslocatecimiihinthelurisdicuonofan"areavcideclearinghouse'plan ning agency must complete the enclosed Standard Form 424(application for federal/State assistance-parts 2,5,6,7,and l 1-i$)and submit copy of form along with project maps and narrative statement(attachment A-I)to the appropriate clearinghouse for review &comment (See back of 424 form for agency locations and addresses I 29. (mown Protect Controversy (ifves,explain) YES NO ✓ 30 ldcntily an}Other Adverse Impaci(s) C'ONINiENT SECTION for"Adverse Impacts" (do not generalize or use vaguelambiguouS term,.in your comments) Describe each adverse impact in an objective and quantified manner and describe specifically HOW MITIGATION will be accomplished to minimize the adverse impact OR which impacts are unavoidable and cannot be positively addressed through mitigation measures BE CONCISE Factor# Comment ENVIRONMENTAL ASSESSMENT STATEMENT COMMENTS SECTION cont, (page3 of3) Factor;: Comrmnt (Attach additional pages ifnecessary) PROJECT PERIJIT RP:QtTIREMENTS: Section 10 Nav igational Penmts (COE) YES ] ] NO [ ] Section,104 Pcmttit (COE) YES [ ] NO [ ] Illinois Rivers,lakes 8 Stream~Permit(IL DNR) YES [ ] NO [ ] NPDI,S Pemat (US'IL EP.q) ITS [ ] NO [ ] PERSON RESPONSIBLE IOR PREPARING TIHS DOCUMENT: Laura Schraw,Interim Director of Parks 8 Recreation United Oqy of Yorkville name&title(pnnied or typed) Agency June 18, 2012 Signature date Attach list (bibliography)ol'persons, agencies, rekrences, etc. consulted in preparing this Environmental Assessment Statement. ILLINOIS E.A.S. - CE" FORM DEPARTMENT OF NATURAL RESOURCES CERP #: Due Date: CULTURAL RESOURCES, ENDANGERED SPECIES & WETLANDS REVIEW REPORT Project Sponsor: United Cily of Yorkville Indicate Grant Program Type Line Item Project Title/Site Name: Bicentennial Riverfront Park OLT OSLADILWCF Laura Schraw �� Contact Person: Bike Address: 800 Game Farm Road Yorkville Boat Access Snowmobile Phone: 630-553-6574 Date: June 18, 2012 OHV Email: Ischraw(cDyorkviile.il.us RTP Check appropriate response: [ ] New Project Application(not previously reviewed/considered by IDNR) Application Resubmittal * *If resubmittal,indicate the year(s)previously submitted: 2011,2012 Has project proposal changed in scope or design layout from previous submittal(s)? [ ]Yes [V/]No If this is a development project was the property acquired with DNR funds? [ ]Yes [4 No Project Location: County: xenden USGS Numeric Location Designation: Township:37N Range: 7F- Section: 33 Please attach: 1) project site development plan 2)topographic map (Note: photocopy ONL Y that portion of Topo map where project site is located. Copies should be no larger that 11".r 17".) (Clearly delineate and identify the 1roject site/park boutndary'on the map with a dashed black litre) Topographic maps may be obtained from: 111inois State Geological Society Size of Project Site: 5.4 _acres Champaign, IL (217)244-2414 Topographical maps may also be available from local and/or regional planning commissions. Does the project include tree removal? Yesi [ No 1 /] If yes,anticipated number to be removed? Concise Project Description: (Also,attach 2 sets of color photos of any existing buildings/structures on project site) The Bicentennial Riverfront Park is a 5.4 acre parcel dedicated to recreation on the Fox River. IDNR has improved the park by replacing the Glen Palmer Dam and has completed the Marge Cline Whitewater Course, a canoe and kayak chute, adjacent to the park. Yorkville is seeking OSLAD grant funding to re-develop the park and provide additional recreational benefits to this facility, including a small boat launch and fishing pier. IDNR has restored the park to its original condition: graving parking lot and turf grass.The additional funding will help to make this high-profile facility suitable to accommodate the anticipated 500+weekend users.The following amenities will be added as part of this project: shared-use trail, lighting for safety, new playground (the 15 year old structure was removed in spring 2011), 0 DEPARTMENT USE ONLY Approved Approved w1 Restrictions* Comments* Grant Adm. Cultural Resources T&E Species/NP/Natural Area/LWR Wetlands(Sec 404,see reverse side) see attached letter comment Signature indicates IDNR CERP sign-of far ONLY the project inrormatio OREP/RR&CICRRP Coordinator Date included in this submittal, Any changes must be resubmitted for review. 3 COPIES OF THIS FORM AND THE SPECIFIED ATTACHMENTS MUST BE SUBMITTED WITH APPLICATION H r 1 m _m L_ J, I I I w � r 7 I �- _ f I i I i TM Drfa 4 provided wlrhouf wamarrty or anY representation of N Riverfront Park 0 150 300 eurrncy,Nmeffness,or cpmpletrness.lt is the rrsponaf6luty of The 'Repuesfer"to defermineaccuracy,Smetiness,completeness,and Topographic Map epproprlete Tess Ms use.The Untied Clfy otYorkvlffe meker np W E wnanWr,expressedor lmpfled.to the use of me Data. Feet Map producedby united u at YorkvHfe GIs ,I!!!i@ YO1O •FarsN Data proyfded by Kendall County Gt5 S BICENTENNIAL RIVERFRONT PAF CONCEPTUAL SITE NIL FISH LADDER BEd ; L. PALMER DAM MEMORh(k!_PLAZA EXIiSTINO"CODE:BLUE EIiAEi��CY POIE - itCGESS S"LAIF CANOE ACCESS' ahrima� ' =` " PEDESTR AN 0 EXISTING PARKING LOT - EXISTING CAt4OE}i%YAK CHUM RECREATION , BUILDING-----,, 4 _ HYDE RA LIC — _ — _ C Ati� EXISTING � y LARGE SMELTER AND PLAZA PORI CIVIC LAWN SHEL [FOR PERFORMANCES AND VENDOR FAIRS) try PLAYGROUP E SHARED-USE TRAIL AND SITTING jINFORMATIONAL KIOSK i L PEI�FORMANCE ?�.a United City of Yorkville WKKv1U_:r: Yorkville Parks&Recreation Del 800 Game Farm Road 202 E.Countryside Parkway ° Yorkville, Illinois 60560 Yorkville, Illinois 60560 _ Telephone:630-553-4350 Telephone:630-553-2582 Fax: 630-553-3436 Fax:630-553-2644 r a r F •"�►ma�yy.,, "{ ,• _•' 77 -77 131 E. Hydraulic. East side. h ; North side. IN side.South AIM East side. r �I 1 �� w �i e9 ti T 'f4 4�• 'M lRi � ' Y r+e� II Y IrT'r YIYY I-°YYyY, �!!q .y •°SFr- !M r �i Fi Y� eFy�l l Y Y Y °IyYY°5 Y yyy�f Y t.� IpI v C ' - 'a v 301 E. Hydraulic. East side. e I 1 I North side. a , s �$ . , R y � s M' y •� South side. y West side. Attachment A-G Yorkville, United City of Bicentennial Riverfront Park Development Parcel Deeds & Lease Agreements r y .[ ° o I - r n I r � i ar . j s JJf 4 m y 4 I r y L I w f •o F3aIt a i n 'f• r "a4• " � r If anti 5t �" • •3• Z ads �g� a tk � r► a s � o r � � r ar r a i x o r - - - - 'm r -- 3 , ► r,-- - � .. ',',y � , ": y Yom. ��F r• uT�r=`'�' . p•• Fr:.I y a �� _�;-- 'r. _ �='M�•+ a� .� .y+ �I ..1 '-may. •"';��,? 'w�� - ♦ �: -_ Win_ --w..r :�.~ - �•c �s$.�'I: ; .. ��-_'��•• PWI ro LLJ Al LLI os 00 •r. tee.,- 1/'p 'r +R•":�Fb'`'�•:i ti.. N'.�. . o° rd _�O9.3�7 FILED FOR RECORD KE(05- 17(a b01 HOC/ p q r17b -poi ±UN 1 1901 Z WARRANTY DEED okIL� eECO a�Duos ~� THE GRANTOR, Lelia H. Meinhardt, a widow, Mary M. Clarke, divor- ced and not since remarried and Martha L. Larson and Robert Larson, her husband, of the City of Athens, County of Limestone , State of Alabama for and in consideration of Ten and No/100ths Dollars ($10.00) , and other good and valuable consideration in hand paid, CONVEY and WARRANT to UNITED CITY OF THE VILLAGE OF YORKVILLE, a municipal corporation, created and existing under and by virtue of the laws of the State of Illinois having its principal office in the City of Yorkville and State of Illinois, the following described Real Estate situated in the County of Kendall in the State of Illinois to wit: That part of the Northwest quarter of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the point of inter- section of the Easterly line of Mill Street with the North- erly right of way line of the Chicago, Burlington and Quincy Railroad Company; thence Easterly along said North- erly right of way line 265 feet; thence Northerly at an angle of 900 27' to the last described line to the South- erly bank of the Fox River; thence Easterly along said Southerly bank 100.12 feet for the point of beginning; thence Southerly to a point on said Northerly right of way line of said railroad 365 feet Easterly of the Easterly line of Mill Street; thence Easterly along said Northerly right of way line 879.68 feet to the West bank of a creek, said West bank being approximately 472.34 feet Westerly of the East line of said Northwest quarter (measured along said Northerly right of way line) ; thence Northerly along said Westerly bank to the Southerly bank of the Fox River; thence Westerly along said Southerly bank to the point of beginning, in the United City of the Village of Yorkville, Kendall County, Illinois . hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois. Subject to real estate taxes for 1980 and subsequent years and covenants, conditions and restrictions of record. This conveyance is made and accepted upon each of the following covenants- and restrictions: 1. That grantee will develop and maintain the premises as a park available for use by the public without fee. 2. That grantee will name the park J. Adrian Meinhardt Park. 3. That grantee will erect and maintain an appropriate sign on the premises containing the name of the park and an acknow- ledgement that the premises were donated in memory of J. Adrian Meinhardt. 4. That the restrictions contained herein are for the benefit of all members of the public and may be enforced by the grantors, theIr heirs and legatees and any person that this conveyance is intended to benefit. remedy such breach or default within 90 days. Should grantee thereafter fail fully and entirely to remedy such breach or default, then a notice in writing may be served upon it by grantors or their successors, notifying it that grantors or their successors elects that the title to the whole of the conveyed premises shall revert to grantors; and thereupon the title to the whole of such premises shall, immediately and without the necessity of any further action on the part of grantor, revert to and revest in grantors, and grantee shall lose and forfeit all of its rights, title, and interest in and to the whole of the conveyed premises and to any im- provements and fixtures thereon, and grantors shall have the right of re-entry to the conveyed premises. This power of reverter shall remain in full force and effect until March 11, 2100. 5. No reversion or forfeiture shall render invalid or operate in anyway against the lien of any mortgage or deed of trust given with respect to the conveyed property in good faith, and for value; and on any such reversion or forfeiture grantors shall take title to the conveyed land subject to any such mortgage or deed of trust. Provided, however, that should any such mortgage or deed of trust be foreclosed, then the title acquired by such foreclosure, and the person or persons who thereupon and thereafter become the owner or owners of the conveyed premises, shall be subject to and bound by all the restrictions contained herein; and further provided, that grantors may enforce any covenants, conditions and restrictions by any other appropriate action at their option. Dated this 12th day of March, 1981. (Seal) ;Lelia li. Mein t wry 1l. C ar e t (Seal) (Seal) t a L. Larson -Robert Larson STATE OF ALABAMA ) ) SS. COUNTY OF LIMESTONE) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Lelia H. Meinhardt. a widow; Mary M. Clarke, divorcad and not since remarried; and, Martha L. Larson and Robert Larson, her husband, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said in- strument as their free and voluntary act, for the uses and pur-- po_ses,:therein set forth, including the release and waiver of the ri litbf homestead. iron under my hand and official seal this ly" of Commis�5iai =expires O T 19 8/ . KENDALL RECORDER OF DEF•DS, OF XXM COUNTY AFFIDAVIT - METES AND D(IOND5 I qI STATE OF ILLINOIS ) KENDALL ) SS. COUNTY OF XM ) _ t , FRED H. DICKSON being duly sworn on oath, states that he resides at Rte, #2 Oswego, Illinois 60543 That the attached deed is not in violation of section l of Charter lG a° t .e =1rlinoi3 Revised Statutes for one of the following reasons: 0 The sale or exchange is of an entire tract of land not being a part of a larger tract of land. 2. The division or subdivision of land is into parcels or tracts of 5 acres or more in size which does not involve any new streets or easements of access. 3. The division is of;•.lots or blocks of less than 1 acre in any recorded subdi- vision which does not ir:volve any new streets or easements of access. 4. The sale or exchange of parcels of land is between owners of adjoining and contiguous land. 5_ The conveyance is of parcels of land or interests therein for use as right- of-way for railroads or other public utility facilities, which does not in- volve any new streets or easements of access. 6. The conveyance is of land owned by a railroad or other .public utility which does not involve any new s-eets or easements of access. 7 _ The conveyance is of land for highway or other public purposes or grants Or conveyances relating to the dedication of land for public use or instrument^ relating to the vacation of land impressed with a public use. 8. The conveyance is made to correct descriptions in prior conveyances. 9_ The sale or exchangeis of parcels ax tracts of land following the division into no more than two parts of a particular parcel or tract of land existing on July 17, 1959, and not involving any new 's rsets or easements of access. 10. The sale is of a single lot of less than 5 arses from a larger tract, the dimensions and configurations of said larger tract having been determined by the dimensions and configuration of said larger tract on October 1, 1973, and no sale, prior to this sale, of any lot or lots from said larger tract having-taken place since October 1. 1973, and a survey of said single lot having been made by a registered land surveyor. CIRCLE R:UMRER ABOVE WHICH IS APPLICABLE TO ATTACHED DEED. AFFIA1tT further =tatrs that _he matins this affidavit for the purpose of inducing the Recorder of Denis of Kane County, Illinois, to accept the attached r?r.e i f rec.r.5ing. r and that all local require manta npp].icalaJ-e to the subdiwiSion of lure met b�( the attached de and the tract described therein. f i• .a /p • : ;�oar 8�g F" � : r `;';�; A i• , +° 0",:� of-- -f��. � •:.' :y', i�_.� QF r .OW, ., (:E. ego P,� �h .. _ � �•� '� ,�y: `=.� •.�_ lJ i i -gbh �, ;-dW- a 0 It • r N46 =I QUM CLAM D1RMD-4patMory NA 4 04 .osraesrras we 1oo�wrAe, M WAX30L nom+ �� a'+r.■. `i *w.r:1'r� ._ CM " Ah• sows FW>AwrslrrY Ow 8," "a "M GRANTOR COPMNWULTH EDISON COMPANY •corporath,n eresle+d ad asirtlsg ned+r gad b vhTaa ad the lawns aI file 9tsts et I11Ltoie and duly Authorined to tr&g ed bodaros in the Mal*ad Illinois of 'fen ($IO.CG)------------- and pursuant to authority given by the Board of Directors of Pahl o U."IMNV LYfI ll� -W QUITCLAIM unto UNITED CITY OF THE VILLAOR OF YORXVILI$ A municipal turPoralJon a l�b1 existing under virtue of the laws of the Slate d Illinois and X0dd*P%Z"t In the following descrPoad Re•�,tj Nimu im the County of Kendall and State of mine".to wit: 3� That part of Lot 3 in Block 5 of Dlack'a Addition to the Village of Yorkville in Sections 32 and 33, Township 37 North, Range 7 East of the Third Principal Meridian, # described an follows. Beginning at a point on the Northerly line of Hydraulic Avenue 187 feet Easterly from the Southwest corner of said Lot 3; thence Easterly along the •r*4erly 11re of said Hydraulic Avenue, a distance of 47.5 feet; thence Northerly at right angles to the Norti-trly line �.,f said `!°' nuile Av• ,ue, a distenr.e of 50 feet; thence Westerly f g a llr.• •Arallel to J- Northerly line of sa:- Hydraulic Avenue, a distance of 47,5 feet; thence Southerly i p 50 feet to the Point of beginning, in Kendall County, Illinoie. A In N•ilnoss Whereof.Bald Grantor ham caused Its corporate sal to be berets stlart,a"!r atlmod p .o. Its nuns tq W mj*nYd to these presents by Its y 1t a PnrWmt,su/atlsetod by iu r +, A.:s istspt' Saerdtafy,this 28tb day of JUW li 6L. 4 t QNWFALTH ED 3!2N CQMPANIr ®y.s. L 4 Assistant:• c°, Slate of 11h"oie.Coality`of Cook ss.. I,the undersign is Notary Fahhy he WA for the County geed�tatsa(srraald,DO t MSERY CWMFY.that RWWrt A. tlnXan Per*arullytcno"i*metobvUw Vice Presidentofthe COMMONWEALTH EDISCTI F, COMPANY, an Illinois corporation,and Jf-mit Ill hwr Parraanlb kmwe fe m to hr the Assistant 8erretan of said corporation,and pesNasa*haorrw to tea to be the same persons whose rmmr am&Dbred to ills faaegdsg .• instrument.sppewvd before n w this day in p*reaa^ sraw. presidpresident t edsed that am such V, a pi and Assis nl rye a. f '.wtresrAL6F4j6 ..� Assistant gad dsEna-:::.a•old iaaerument M Vice P"3�aed 'Mr."� em- Seeratary of aid earporatlos,and eaead t1r aaslmsts sect d It said corporation to be aisbeod theret%pmws t to srsYsrhy,ds.ws by tie Boesdof Directors "r at[•old eorporalfon u their free sad vehrrtsey z � act.and as the free w1 voluntary act and deed of said wrperethlt,fur tea e use and porpoeca therein see forth. i c even under my band and official awl.this rAF day of Cummiseion expires -2f&&gACS 17 IL ✓/ �A~O i soneesw or swvaurrr: MAMA MA'L TO 4DORRP6 G,YY A!W _ ---. `•`.---•__..•J- - - 14.■�■..a■ISY N.fNF■f.f.■.aC.� •t '�•' • l ,.; %� + �o, �aF� obi -, •4 h !L Y rp 0 92. s' 1 .. f9 6Si gas O-A/ . ! �• 1 or .oz 33 153- ova ....� ....r. . � .r .....a 4•+w -•..,n•.+,•� - „n. ..wr.w�r"r,- .. .�„r.r�.�a M,..Ir.�. , ., FIIG:ab a9ss� Fans ty-tYAA RhiM^TY nEEil•CorpentuM -_ . � _.__ --____-_^ r.e1NVa+il•Iw+Fw_Mlehrml,q Ca..Rod,lard.I'I, Document No. _- -. toad for Record in Recorder's office cf.`,--_-__-County,Minob n - - - - - ----at -- --o'dock _M. n � r CORPORATION WARRANTY DEED. - �- Racarder of Deede. •a z THM INDEWMI11S WrrWEMVM,That the artuttor KENDALL - GRUNDY FS, INC. J a porpntation duty organized and existing under and by vhtoe of the learn of the State cf Illinois and duly wthorisad to transact bueinses in the State where tlm following described scat asbda is located, for and in eonsidasadon of One Dollar and other pod sand veft"a contddentiom,the receipt of whuch% heeeby acknowledged, and pursuant tb authority given by the Board of Dlmtoen of old corporation, CONVEYS AND WARRAN''TS to a' UNITED CITY OF THE VILLAGE OF YORKVILLEr a municipal corporation i J whose address is Yorkville, Kendall County, Illinois h a the fuliamng described teal estate to-wit: That part of the•Nortt. rent 1/4 of Section 33, I Township 37 North, "a 7 Bast of the Third Principal Meridian described as follownt Ctxaasacinq at the intersection of the Easterly line of Nils street with the Northerly right of ray line of the Chicago,•surlington and Quincy Railroad Company.r thane Easterly along said Northerly right of ray line 165 feet far the point of beginnings c:l thence Northerly fotrming an angle of 90 degreas 27 minutes vith the last described line to the Southerly bank of the Fox Rivers thence tastarly alang said southarly bank 100.11 fats thence Southerly to a point on Yid Northerly right of ray lime G loo feat lasterly frew the point of beginnings thence Nestarly along said Mrtharly right of way lint 100 fast to the point of beginnings irk the Vnited City of the Village of Yorkville, Ksnda %d i Ila."1 , rducted in the County of iiandall in the Berta of Illinois M WITNESS WHIlRBOF,sold Grantor ha caused he corporate and to be hgrets affixed,and has p om itn,I Mlru to be dined to these presents by ita Predden d #pa.a�t Its Secretary,tbia _day of. one ;9�1 I Real Estate Tastes qr«� tier 1950 and wbaequent. XENDAL. _ GRMMY !S, INC. _ � ' r'' 4�. '{ASOa mtpaeala sal aa.p F AttiJIT:.�GC�S -r - 1 President 8eesstsry. This conveyance is eiaapt order the proviad me STATE or fll.lNoi6 of Par. a, Sao. 4 of the Anal instate Tranaf r 'fox Act. CO�y :a &TM 6 3D/Bl i, LM uedenlvad,a Ne `Publliic,,I&furl for said[bumty,In the Wass doroold,D0 KSM11Y CERTIFL THAT petaottdly keosn to ale}o M tba—�--•-• Frwld.nl et the Oars.o.antorl rho h flu arante.,cad pereralty known to re is In On __,Se+ta s d add aespontlea,red yeseasny kamm i to su Labe the cams pnsoaa whys mass eta aobaaihad 1a the ro,alSWer kAbU awn.app aced kefor. akla day,n pros and enay6y a#ka*v%Wgad SM sm aack-�i. j�a Y r.7fr__rMM. a"d 68 l k V A DaCre}arr�Wend tWlrrs4 as add wee sit r wddasl cad L-!J1-�r_'T gatsMae/of attY srpssticla ttatl aced Ina srylwata earl!f aafd eotpoeauea eo tea amMSd t�+pq',p�aaM'M astlloatb,d••e by tea Loa4 er Dlraetse a!add aoYpentlaa r tlstr bva eel•oluhtaq sea,sod r tfa t1;1!r!rg fZ 't!d and d w oraau mepenatoa,1.the Mtn and parsdr dwoula Y mark. ' `til.aCvade.ci:loss/red Nelutd ga.l eai. •fie�d,ty er Juice Ig } •I'��fl'}%'i'. o1.ry u I�t. Fture'Wlfm to Orantse's Addle n[X? Mum this docusesat to: f UNITED CITY OF TEE VILLAGE OF YORXVILLE a City Trawauras ^_ - 610 kTowlsr Lane i _yarnille. illa,ndia 64560 Attorney at Lav 'ffilslnskuanMtwaePtaparsdby:Fred H. Diaksoh. _104 E, Downer Place, Aurvi s, IL 0504 Whose admsaa is' _ 1 (OVRRJ I This Deed is made and acaopted upon the condition that the property will be reed for public purpoeeo only. RETURN T9s Fred R. Dickson Gcidmmi:h, ri-,Iin, Schiller i Dickson 104 E. Dorm Place Aurora, Illinois 40504 FltEb rnR!lEDORo aocn -'/,a P,41. ALIG 2 01981 +ucnofu�+t. • MCD ,vvn Tin" f aaou cox' = ►nnKwuL ILUN -Ila ' Irk:� or 11f .pp1# fir sa _„_ :r :�. !• � Y,., rt�• L i O�F x ty a a' L 1 t �'•r am, 1.4 l A NZ _�f� �6 o ss� CL IN . m V U V QUITCLAIM DEED r THE GRANTOR, STATE OF ILLINOIS, acting by and through its Department of Transportation, successor to Department of Public Works and Buildings, of Sangamon County, Illinois, pursuant to the provisions of Senate Bill 661 of the Seventy-seventh General Assembly, approved August 31, 1971 (Public Act 77-1370), FOR AND IN CONSIDERATION OF the sum of One Thousand Four Hundred Thirty-Three ($1433.00) Dollars, CONVEYS AND QUITCLAIMS to the VILLAGE OF YORKVILLE, a municipal corporation of the State of Illinois, Kendall County, Illinois, GRANTEE, subject to the terms and conditions herein recited, the following described tract of land, to wit: A part of Lot 3 in Block 5, according to the map of Black's Addition to the Village of Yorkville, Kendall County, Illinois, bounded as follows: beginning at a point in the North Line of Hydraulic Avenue, said point being one hundred eighty-seven (1871) feet easterly of the Southwest corner of said Lot 3; thence South 850 East along the North line of Hydraulic Avenue a distance of two hundred fifty (250') feet to a point; thence North 60 East, a distance of one hundred ten (110') feet more or less to a point on the South bank of the Fox River; thence westerly along said South bank to a point one hundred eighty- seven (187') feet easterly of the West line of said Lot 3; thence southerly and parallel to the West line of Lot 3, a distance of one hundred ten (110') feet more or less to the point of beginning, Exception therefrom a parcel of land described as follows: beginning at a point on the North line of Hydraulic Avenue, said point being one hundred eighty-seven (187') feet easterly of the Southwest corner of said Lot 3; thence easterly along the North line of Hydraulic Avenue, a distance of one hundred ten (1101) feet to a point; thence northerly at right angles to the last described line, a distance of fifty (50') feet to a point; thence westerly at right angles to the last described line, a distance of one hundred ten (110') feet to a point; thence southerly at right angles to the last described line, a distance of fifty (50') feet to the point of beginning. This conveyance is subject to the following terms and conditions: 1. The above described tract shall be used and occupied for authorized public purposes and for no other purpose whatsoever. 2. The Village of Yorkville, by the acceptance of a quitclaim deed for any portion of such State-owned land, shall hold and save the State of Illinois harmless from any claim of whatsoever cause or nature which may - 2 3. The neglect or failure of the Village of Yorkville to use said lands so quitclaimed, transferred and conveyed for authorized public purposes shall cause such tract or parcel of land to revert to and revest in the State of Illinois upon written demand made therefore on behalf of the State of Illinois, by the Grantor, its successors or assigns. 4. This instrument shall be recorded by the Village of Yorkville in the office of the Recorder of Deeds of Kendall County within ten (10) days after receipt and a certified copy of the recorded instrument shall be furnished to the State of Illinois. DATED this P day of _ , A.D. 1973 at Springfield, Sangamon County, Illinois. STATE OF ILLINOIS DEPARTMENT OF TRANSPORION r /'vy?" S Secretary STATE OF ILLINOIS ) ss COUNTY OF� __) I, AA1912 0, a Notary Public in and for said County and State aforesaid, do hereby certify that William F. Cellini, Secretary, Department of Transportation, personally known to me to be the same person whose name is subscribed to the ,foregoing Instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said Instrument, as his free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal, this eA?aoll day of �f-teary — A.D. 1973. `S[} lr1Si' fit 4No 1 My Commission Expires: /� _� Affidavit (FILE WITH JEAN P. BRADY, RECORDER OF DEEDS OF KENDALL COUNTY) STATE OF ILLINOIS ) ) Ss. Document # 75 COUNTY OF ) Cbeing duly sworn on oath, states that he reside at L/ r,12 That the attached deed represents: 1. A distinct separate parcel on record prior to July 17, 1959. 2. A distinct separate parcel qualifying for a Kendall County building permit prior to August 10, 1971. 3. The division or subdivision of land into parcels or tracts of 5 acres or more in size which does not involve any new streets or easements of access. The division of lots or blocks of less than 1 acre in any recorded subdivision which does not involve any new streets or easements of access. 5. The sale or exchange of parcels of land between owners of adjoining and contiguous land. 6. The conveyance of parcels of land or interest 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. 7. The conveyance of -land owned by a railroad or other public utility which does not .involve any new streets or easements of access. B. 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. 9. Conveyances made to correct descriptions in prior conveyances. 10. The sale or exchange of parcels or tracts of land existing on the date of the amendatory Act into no more than 2 parts and not involving any new streets or easements of access. CIRCLE NUMBEF ROVE WHICH IS APPLICABLE TO ATTACHED DEED AFFIANT further _*_aces that he makes this affidavit for the purpose of inducing the Reco__�er of Deeds of Kendall County, Illinois, to accept the attached deed for recording. � � F of %D•,i1s., -+C"' rx I it F!} rr u Q; •, . � � SSrr hy4, �r N 0 h 4o1 Ssy o� VJ do ' I tii h �• "• l ^ .+ ',► : JamJ ;,..5• « • 4v,.- w'• 9��, �'• ''c .., h�f.�i ^.. .f ,• -f}..ri 'ri:�i�1!� + +y j�; +'y'F�i} �,r�� dl. r,y" `y JS d. •+'I••,r ^Y + « 'r.'• •F+Y*•' s •'74 rxx« ; ,•y, .� i yn rte. ..r .� t. ,. F ', :'r:.' ' ,_:; .,ts• �}•'' '.,~/' • /5� I fir•' *'. _ r}•.;,• r t t. l yy,��a'��d�, f�� _•� 't.a •t' '•t' '•�Y:S�• ••'— ve Tf W 13 Ott W No Up AVE. r P PCXr _004 I IV Q GO rr- '2LV 34 �-� - ;� •': 'arc � � 'ice �f . � ..� � • � � �-` n 4 ,why � 1 0 ,� ��'. � .. `'�! t f. v 'D e- vu FfID.ab F- 13-WARRANTf DEED•Coroorptllh pn!tit—Layel Fer,ra&PARting Co.,Aeekfcffld.1% locUraenL No. hied for Record in Recorder's office of County.Illinois k __at o'clock M. CORPORATION WARRANTY DEED Recorder of Deeds. THIS INDENTURE WITNESSETH,That the Grantor Ci KENDALL - GRUNDY FS, INC. a corporation duly oEpnIzed and existing under and by virtue of ON lawa of the State of Illiriois and duly authorized to transact btudnm In the State whom the following described real estate is located, for and In consideration of One Dollar and other good and valuable com4dessitions,the receipt of which is hereby acknowledged, and pursuant to authority given by the Board of Directors of said corporation, OONVEYS AND WARRANTS to UNITED CITY OF THE VILLAGE OF YORKVILLE, a mrinicipal corporation A -h— address b Yorkville, Kendall County, Illinois ti the Miowung described real estate to-wit: That part of the North Went 1/4 of Section 33, Township 37 north, Range 7 East of the Third Principal Meridian described as follows' I wasevncing at the Intersection of the Easterly 31ne. of Kill Street with the Northerly —ight of way line of the Chicago, Burlington and Quincy Railroad CcmpanY.r thence ;asterly along said Northerly right of way line 265 feet for the point of beginning; thence Northerly forming an angle of go degrees 27 minutes with the last described Yp line to the Southerly bank of the Fox Rivsrl thence Easterly along said Southerly bank 100.12 feet; thence Southerly to a point on said Northerly right of way line 100 feet Easterly from t" point of beginnings thence Westerly along said Northerly right of way line 100 feet to the point of beginnings in the United City of the Village of Yorkville, situated in the County of Kendall —intheStateof Illinois Rf WITNESS WHEREOF, said Grantor hu caused ita corporate seal to be herst)aftUed,and has -i .'name to be sLpwd to these presenta by its President a _4aso& A4 sI this 30th day of. j-une 19— wits-- —Secretary 0; Real Estate Taxes ear 1980 and subsequent. KENDALL GRUNDY PS, INC. (Afflic corporate seal h-M) A S President. Secretary. This conveyance is exempt under tha provisions STATE OF IMANOIS of par. B, Sec. 4 of the Real Estate Transf r L COUNT Tax Act. as D op ATEDja0 8_1 Y 1,the underalped,a No Public,In and for said County,In Lhe SLatis afarostd,DO HEREBY CERTIFY THAT— X h0A.r mrsanally known to!4 be the --Prealdent of the corporation who in the pmk•r,and personally known to we Lo be the Secretary of seld corporation,and personally known to soe to be the Mesa PsImMMI whoa nuns are subscribed to the forallWall iypUugogsL,appeared before mj!"day in person and peeyally ffwAwWlfd tleat setuch If -1�ffrjk—P,.dd=t d"h..d the add Inaknusurat an Pi a4dank and SwasLary of mid empandna.and the carPo"N"and Of mald curPosatlon LO be&Mzod llltr o'�pursiut�6'to wkIscrIty,Ill.by the Dowd of Directors arnald mvporatlan is tbdr fee and volunimy act,and as The fplAna4itct end dead or add corporation.for the uwm and purposen Lbensin ad forth. Q&Wmy hind and Notarial Sual dry of 19 21• f This Deed is made and accepted upon the condition that the property will be Lased for public purposes only. RETURN TO: Fred A. Dickson Goldsmith, Th.-lin, Schiller a Dickson 104 E. Donne:: Place Aurora, Illinois 60504 i FM FOR REOM L OW P NL G 2 01981 u11GMOfILMk ,� � , INDEXED � E ..: : Illinois Department of Natural < ,. .eSoUrCES Rod R. Biagojevich, Governor One Natural Resources Way • Springfield, Illinois 62702-1271 Joel Brunsvold, Director hfp://dnLstate.il.us January 28, 2005 Honorable Arthur Prochaska Mayor,United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Mayor Prochaska: Enclosed for your files is a fully executed copy of the Agreement between the city of Yorkville and the Department of Natural Resources/Office of Water Resources covering the implementation of the Glen Palmer Dam Improvements Project. The Agreement also incorporates existing state owned property lease terms, currently outlined in Intergovernmental Agency Agreement number 645A between the Department and the City of Yorkville. This new Agreement updates and replaces that former document. As a local sponsor for the project, the city will be responsible for acquiring and conveying to the state,all property rights needed to construct,operate,maintain, and mitigate the project; for relocating any utility conflicts; accepting liability for the project; for operating and maintaining the project, and for paying for all design and constriction costs associated with any enhancements added to the project at the request of the city. If you have any questions in this matter,please call me at 217/782-9130. Si erely, ren . Wo g, P.E. roject anager Enclosure cc: Kelly Kramer, City Attorney Primed on recycled and recyclable paper INTERGOVERNMENTAL AGREEMENT between the UNITED CITY OF YORKVILLE, ILLINOIS and the STATE OF ILLINOISIDEPARTMENT OF NATURAL RESOURCES for the GLEN PALMER DAM IMPROVEMENTS PROJECT AND USE OF STATE OWNED PROPERTY Contract No. 203 9-01-04 THIS AGREEMENT is madB among the United Cityof Yorkville, a Municipal Corporation, located in Kendall County, Illinois, hereinafter referred to as the 'CITY,"and the State of Illinois, Department of Natural Resources, hereinafter referred to as the "DEPARTMENT," WITNESSETH: WHEREAS, the CITY and the DEPARTMENT are legal entities, organized and existing under the laws of the State of Illinois, having among their powers the authority to contract with one another to perform such undertakings as described herein under the "Intergovern mental Cooperation Act,"5 ILCS 22011 et. seq. (2002); and WHEREAS, the CITY requested the DEPARTMENT to investigate the Glen Palmer Dam site to diminish or remove the public safety concerns created by the existing spillway configuration which ultimately resulted in the development of the PROJECT; and WHEREAS, the CITY recognizes the dam as a integral part of the CITY's history and economy and recognizes the dam as a recreational destination for local citizens, tourists, and sportsmen alike; and WHEREAS, the CITY, through prior resolution 2001-7 approved by the CITY on February 28, 2001, strongly urged the DEPARTMENT to preserve the existing dam In the CITY while making such safety enhancements that will protect persons from harm and create an ecologically safe passageway for fish and water craft to move both upstream and downstream of the dam without harm to the environment; and WHEREAS, the DEPARTMENT has developed improvements for the state owned Glen Palmer Dam which consists of: modifying a portion of the dam spillway with a 4-step concrete spillway and fish ladder, modifying the remainder of the dam spillway with a divider island and whitewater bypass channel/fish passage along the south bank of the river, appurtenances, and any environmental mitigation hereinafter referred to as the "PROJECT', and WHEREAS, based on a documept erititled 'Yorkville/Glen Palmer Dam Alternative Analysis and Preliminary Design -Decernber'2003," prepared by Teng and Associates for the DEPARTMENT and filed with the Illinois-General Assembly in summary form, it has been determined that while the DEPARTMENT prefers the ecologically beneficial removal of the dam, the PROJECT satisfies the state's objectives for safety, ecological improvements and recreational developments while minimizing land rights necessary to improve public safety, and that the DEPARTMENT should proceed to implement the PROJECT; and WHEREAS, the DEPARTMENT has jurisdiction over State property at the Yorkville Dam of the Fox River, located in Kendall County and Known as Riverfront Bicentennial Park; and WHEREAS, the CITY currently operates Riverfront Bicentennial Park under Agreement Number 645A with the DEPARTMENT, dated April 25,1991 and revised January 15, 1999, and incorporated herein by reference, for open space, recreational purposes, and the operation of a 16-inch water line across state owned property, including the Fox River; and WHEREAS, the CITY recognizes the PROJECT as an integral part of their further development of the Riverfront Bicentennial Park in the CITY; and WHEREAS, the DEPARTMENT has approved participation in the PROJECT to the extent allowed by its statutory authority under the "Des Plaines and Illinois Rivers Act," 615 ILCS 6013 (2002); and WHEREAS, the Illinois General Assembly has appropriated funds to the DEPARTMENT from the Capital Development Bond Fund under Public Act 93-0842, Article 93, Sections 105, that includes funds for this PROJECT; and WHEREAS, the DEPARTMENT has determined that the execution of this AGREEMENT is not subject to the signature requirements of the "State Finance Act," 30 ILCS 10519.02 (2002). WHEREAS, under penalties of perjury, the CITY certifies that 36-6006169 is its correct Federal Taxpayer Identification Number and that the CITY is doing business as a government entity; and NOW THEREFORE, for and in consideration of the benefits to be derived from the completion of the PROJECT, the sufficiency of which is hereby acknowledged, the parties hereto agree to the following terms and conditions: A. SPECIAL CONDITIONS 1. The recitals set forth are incorporated by reference and made a part hereof, the same constituting the factual basis for this transaction. 2. The PROJECT will be constructed by the DEPARTMENT in two stages, identified as STAGE 1 and STAGE 2 in this AGREEMENT. STAGE 1 will include that work necessary to modify the existing dam spillway with a four step spillway, fish ladder and to construct a temporary spillway in the vicinity of the future bypass channel. STAGE 2 will include that work necessary to remove the temporary spillway constructed in STAGE 1 and to construct a permanent divider island and bypass channel/fish passage along the south bank of the river including any landscaping and appurtenances necessary to complete the PROJECT. 3. STAGE 2 of the PROJECT will proceed based on the availability of funds, accepted design plans, permits and land rights necessary to complete the stage. In the event the CITY wishes to proceed with implementation of STAGE 2 of the PROJECT without DEPARTMENT funding, the DEPARTMENT agrees to cooperate in the exchange of existing PROJECT documents with the CITY to facilitate the CITY's efforts. 2 4. The 2003 estimated cost of the two phased PROJECT is $6,800,00D. The DEPARTMENT's funding obligation will cease immediately without penalty or further payment being required if in any fiscal year the Illinois General Assembly fails to appropriate or otherwise make available sufficient funds for the PROJECT. 5. The DEPARTMENT will not approve the award of a construction contract for STAGE 1 of the PROJECT until the CITY has adopted and furnished to the DEPARTMENT a proper resolution providing that sufficient CITY funding will be set aside-to adequately operate and maintain the PROJECT as defined herein. 6. The previous Agreement Number 645A entered into on April 25, 1991 and revised January 15, 1999 between the CITY and the DEPARTMENT is hereby declared null and void and is hereby replaced in total with the terms of this new AGREEMENT between the parties. 7. All provisions of this agreement will be binding upon the successors and assigns of the parties hereto. 8. This agreement may only be modified, assigned, supplemented, amended or terminated by mutual agreement, in writing, by the parties hereto. B. DEPARTMENT OF NATURAL RESOURCES 1. The DEPARTMENT will prepare or cause to be prepared, the final design plans, specifications, operation and maintenance manual, and contract documents; advertise for bids; make the contract award; supervise the construction (resident engineering); and pay for all the construction costs associated with the PROJECT. The CITY will pay for all design and construction costs associated with any enhancements added to the PROJECT at the request of the CITY. The PROJECT may be constructed in phases as determined by the DEPARTMENT. 2. The DEPARTMENT will designate on the plans all designated boundaries of the lands, easements, and rights-of-way, hereinafter referred to as "PROPERTY RIGHTS," required for the construction, environmental mitigation, operation and maintenance of the PROJECT. The DEPARTMENT will also designate, on the plans or in writing prior to the CITY commencing acquisition, the minimum title, right or interest required in each parcel of land to ensure the proper construction and future integrity of the PROJECT. 3. The DEPARTMENT will assume all responsibility for the structural repair and/or rehabilitation of the PROJECT after construction completion to ensure that it will serve the intended purpose for the life of the PROJECT. Any necessary work concerning concrete PROJECT features and any other PROJECT features related to the structural integrity of the PROJECT will be the responsibility of the DEPARTMENT. 4. The DEPARTMENT hereby grants to the CITY the right to enter upon any property rights held by the DEPARTMENT necessary for operation, maintenance inspection, and maintenance of the PROJECT as defined herein. 5. The DEPARTMENT will be responsible for obtaining all federal and state permits required to construct, operate, and maintain the PROJECT. All permits will be applied for in the DEPARTMENT's name. The CITY will be responsible for obtaining any local permits required for the PROJECT. The DEPARTMENT will.be responsible for all PROJECT inspections and reports associated with the issuance of a state Dam Safety permit. 3 Should the DEPARTMENT determine that a maintenance problem exists, a joint inspection will be scheduled and made by the CITY and the DEPARTMENT, f=ailure of the CITY to properly maintain the PROJECT as defined herein and as indicated by a written report of such inspection, will permit the DEPARTMENT, upon thirty (30) days written notice and continued failure of the CITY to perform the necessary maintenance work, to enter upon any of the PROJECT property rights and perform such maintenance work. In this instance, the CITY will reimburse the DEPARTMENT for any and all costs that may be incurred by the DEPARTMENT in connection therewith. C. UNITED CITY OF YORKVILLE 1. The CITY will review and comment in writing to the DEPARTMENT on the final design plans and specifications and on the operation and maintenance manual for the PROJECT prior to the DEPARTMENT advertising for construction bids. 2. The CITY, without cost to the DEPARTMENT, will acquire and convey to the DEPARTMENT, title to all PROPERTY RIGHTS, not currently held by the DEPARTMENT required for the construction, operation, and maintenance of the PROJECT. All expenses associated with PROPERTY RIGHTS acquisition including title commitments, attorney fees, appraisal costs, plat preparation, recording costs and any other incidental expenses will be borne by the CITY. Prior to the DEPARTMENT advertising for bids, the CITY will furnish to the DEPARTMENT copies of the conveyance documents on all PROPERTY RIGHTS acquired for the construction, operation and maintenance of the PROJECT for review and approval by the DEPARTMENT. 3. The CITY, without cost to the DEPARTMENT, will acquire and convey to the DEPARTMENT, PROPERTY RIGHTS for any environmental mitigation required as a result of the construction of the PROJECT. All expenses associated with PROPERTY RIGHTS acquisition including title commitments, attorney fees, appraisal costs, plat preparation, recording costs and any other incidental expenses will be borne by the CITY. Prior to the DEPARTMENT advertising for bids, the CITY will furnish to the DEPARTMENT copies of the conveyance documents on all PROPERTY RIGHTS acquired for the mitigation of the PROJECT, if necessary, for review and approval by the DEPARTMENT. 4. The CITY hereby grants to the DEPARTMENT the right to enter upon any PROPERTY RIGHTS held by the CITY necessary for construction, construction inspection, operation, maintenance, maintenance inspection and in the event the provisions of Item " herein are invoked by the DEPARTMENT for failure of the CITY to operate and maintain the PROJECT. CITY will permit the use of any CITY-owned streets or alleys by the DEPARTMENT or its assigns as necessary to construct, inspect, operate and maintain the PROJECT. 5. The CITY, without cost to the DEPARTMENT, will assume responsibility for the operation and maintenance of the PROJECT in accordance with the operation and maintenance manual, to ensure that the PROJECT will serve the intended purpose. Maintenance will include, but not be limited to, keeping the area clear of all trash and debris, or any other matter that might tend to impede proper and free flow of water. All structures, including riffles, pools, trails, bridges and the divider island will be kept clean of any and all debris and will be maintained in a satisfactory condition. All PROJECT signage will be maintained in a satisfactory condition. Grass covered areas will be mowed to a height of six inches or less at least twice each year. On areas that cannot be mowed, measures will be taken at least annuallyto maintain the designated landscape plantings and eliminate unwanted woody growth larger than one-half inch in diameter. The CITY will keep all concrete and rock surfaces free of graffiti and unnecessary markings and maintain and repair all fencing and handrafling associated with the PROJECT. 4 Measures will also be taken as conditions require to correct any erosion problems associated with the PROJECT. 6. The CITY will be responsible for expeditiously notifying the DEPARTMENT of any necessary PROJECT repair or rehabilitation conditions that east related to substantial erosion or structural integrity of the PROJECT. 7. The CITY will be responsible for the operation and maintenance of all safety lighting, signage, water control gates, and buoy placement associated with the operation of the PROJECT. 8. The CITY, without cost to the DEPARTMENT, will be responsible for obtaining and providing the DEPARTMENT with copies of all local permits required for the construction of the PROJECT. The CITY will be responsible to abide by all federal, state and local laws, ordinances, rules and regulations during operation and maintenance of the PROJECT, and to satisfy all state environmental laws, regulations, and executive orders that apply because of state funds being used on the PROJECT. 9. The CITY, without cost to the DEPARTMENT, will be responsible for all utility alterations or relocations and for all fence removal and/or replacement required as a result of the PROJECT construction, including any utility and fence related work shown on the plans. Utilities include, but are not limited to, electrical, cable television, and communication lines and oil, gas, sewer, and water pipelines. 10. The CITY will maintain eligibility in the National Flood Insurance Program. The CITY will continue to adopt and enforce required ordinances satisfactory to the Federal Emergency Management Agency and the DEPARTMENT, relative to the regulation of development in fioodplains under the jurisdiction and control of the CITY. 11. The CITY will hold and save the DEPARTMENT and any of its duly appointed agents and employees harmless against any loss, damage, cause of action, fine or judgment, including all costs connected therewith, such as attorney and witness fees, filing fees and any other expenses incidental thereto, that may be incurred by reason of personal injury, death, property damage, flood damage and any and all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the design, location, construction, operation and maintenance of the PROJECT. The CITY will not be responsible to hold the DEPARTMENT harmless against any loss, damages, costs or expenses arising out of negligent acts or omissions by the DEPARTMENT or its agents or employees. D. TERMS OF LAND USE 1. PREMISES: The lands covered by this Agreement shall include: (1)three tracts, comprising the Yorkville Dam and the abutting properties on the North and South banks of the Fox River in Section 33, Township 37 North, Range 7 East of the Third Principal Meridian, known as TRACT A (north abutment area), TRACT B (south abutment area), and TRACT C (all The DEPARTMENT property situated between said TRACTS A and B and bounded by the extended East and West boundaries thereof), (2) all PROPERTY RIGHTS acquired by the CITY in the name of the DEPARTMENT required for the construction, operation and maintenance of the PROJECT, and (3) all improvements of these lands, including the PROJECT(all hereinafter the "PREMISES"). 2. USE OF PREMISES: The DEPARTMENT grants use of the PREMISES to the CITY, at no cost to the CITY, in consideration for the CITY's responsibilities defined herein. CITY 5 hereby agrees to use the PREMISES for open space and recreational purposes at no charge to the public and for the existing 16-inch water line and other appurtenant utilities only, in accordance with plans, specifications and operations and maintenance manual approved by both parties. The PREMISES shall not be used for the burning of refuse, deposition of debris or other material, or for any unsanitary or unhealthful purposes by the CITY in the use or occupancy of the PREMISES. Any other uses of the PREMISES, and all plans in connection herewith, shall be subject to the prior written approval of the DEPARTMENT. An unauthorized or impermissible use of the PREMISES shall be deemed to be a material breach of this Agreement. 3. ALTERATIONS: The CITY shall in no way alter or modify any existing structure(s) located on the PREMISES, nor shall the CITY modify the land within the PREMISES, without the prior express written consent of the DEPARTMENT. If the CITY wishes to make any such alterations and/or modifications, the CITY shall first contact the DEPARTMENT's Division of Planning to ensure compliance with applicable statutes and regulations including, but not limited to, consultation requirements of the Illinois Endangered Species Protection Act, 520 ILCS 10/11, and the consultation, mitigation and compensation provisions of the Interagency Wetland Policy Act of 1989, 20 ILCS 830/1-1 of seq., and with the State Agency Historic Resources Protection Act. Nothing herein contained shall be construed to mean that the DEPARTMENT shall be responsible for compliance with all applicable State or Federal statutes and regulations; that responsibility shall remain with the CITY. 4. MAINTENANCE: In consideration for the CITY's use of the PREMISES as defined in articles D-1 and D-2, the CITY agrees to perform all maintenance of the PREMISES, including litter control and vegetation management and all PROJECT maintenance as defined in Articles C-5, C-6, and C-7 of this Agreement. 5. OBSTRUCTION OF PREMISES: CITY shall do nothing that might interfere with the ability of the DEPARTMENT to inspect, maintain or improve the PREMISES or any portion thereof, including specifically but without limitation activities of the DEPARTMENT related to the operation of the dam and associated PROJECT. The CITY shall not, in any manner, obstruct the programs of the DEPARTMENT. It is understood and agreed that the DEPARTMENT reserves the right to require the CITY to remove, relocate or modify any structures, improvements or facilities upon, under or across the PREMISES, at the CITY's sole expense, if the DEPARTMENT determines, in its sole discretion, that such actions are appropriate and necessary to preserve the integrity, character, function or use of the PREMISES. 6. RELEASE OF DAMAGES: The CITY will further hold and save the DEPARTMENT and any of its duly appointed agents and employees harmless against any loss, damage, cause of action, fine or judgment, including all costs connected therewith, such as attorney and witness fees, filing fees and any other expenses incidental thereto, that may be incurred by reason of personal injury, death, property damage, flood damage and any and all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the use, operation and maintenance of the PREMISES. The CITY will not be responsible to hold the DEPARTMENT harmless against any loss, damages, costs or expenses arising out of negligent acts or omissions by the DEPARTMENT or its agents or employees. 7. LAWS AND REGULATIONS: The DEPARTMENT and the CITY shall comply with all applicable provisions of State and Federal constitutions, laws, regulations, orders and decrees, including but not limited to those pertaining to unlawful discrimination and equal employment opportunity, including without limitation the Illinois Human Rights Act, the Public Mrks Employment Discrimination Act, the Civil Rights Act of 1964, the Americans with Disabilities Act, and Article VI of the regulations of the Illinois Department of Human Rights, which are incorporated herein by reference, and all environmental and cultural heritage requirements. 6 8. NOTIFICATIONS: All official notices pertaining to this Agreement, excluding routine management communications but including, without limitation, communications pertaining to amendments or termination, shall be effective only if directed to the respective parties as follows: for The DEPARTMENT: for CITY: Department of Natural Resources Mayor, City of Yorkville Concession and Lease Management 800 Game Farm Road One Natural Resources Way Yorkville, Illinois 60560 Springfield, Illinois 62702-1271 (telephone 217-782-0179) (telephone 630-553-4372) or to such other points of contact as maybe designated in writing from time to time byauthorized representatives of the parties. All routine communications relating to management and operation of the PREMISES shall be directed as follows: Department of Natural Resources Yorkville City Engineer Office of Water Resources 610 Tower Lane One Natural Resources Way Yorkville,Illinois 60560 Springfield, Illinois 62702-1271 (telephone 217-782-0900) (telephone 630-553-4350) 9. INSPECTION AND REPAIRS: The DEPARTMENT makes no representations, warranties (expressed or implied)or assurances with respect to the condition of any improvements situated on the PREMISES or the PREMISES themselves. The CITY accepts the PREMISES and all improvements thereon "as is" in their present condition, and all future PROJECT improvements as designed, approved and constructed on the PREMISES. It is further understood and agreed that the CITY has sufficiently inspected the PREMISES, prior to the execution of this Agreement, made an independent assessment of the environmental and other conditions of the PREMISES, and accepts the same in its present condition. Any environmental claims which may arise from the CITY's use shall be the sole responsibility of the CITY, who agrees to indemnify and hold harmless the DEPARTMENT thereon. 10. RESERVED RIGHTS: This Agreement is nonexclusive, and the DEPARTMENT reserves the right of ingress, egress and usage of the PREMISES, and the right to grant leases, permits, or rights-of-way in and to the PREMISES to the extent that they are not incompatible with the uses authorized herein. 11. PUBLIC SAFETY: Should it be determined by the DEPARTMENT that a particular use of the PREMISES by the CITY is, or will be, hazardous to the public orthe property, the CITY , upon written notice by the DEPARTMENT, shall install safety devices or make modifications at the CITY 's sole expense to render the PREMISES safe for, and compatible with, public use. In the exent the CITY fails to install such safety devices or make required modifications within thirty(30) days, or, if such modifications cannot be completed within said 7 time frame, the CITY fails to begin working expeditiously to render the PREMISES safe for the public, the DEPARTMENT may install such safety devices or make such modifications at the CITY 's expense, and may declare the CITY to be in breach of this Agreement. 12. ENVIRONMENTAL: The CITY, except as otherwise herein provided, shall not alter or impede water flowage, apply chemicals, or disturb the terrain in any manner within the PREMISES without prior approval of the DEPARTMENT. 13. TERMINATION: The DEPARTMENT shall have the right to terminate this Agreement upon giving the CITY ninety (90) days'written notice. The CITY agrees to surrender and restore the PREMISES, and remove all personal property therefrom, prior to the expiration of said notification period. If this Agreement is terminated under this provision, the CITY shall not be liable for CITY responsibilities defined in this Agreement beyond the date of vacating the PREMISES. It is further understood and agreed that the DEPARTMENT may terminate this Agreement if the CITY is in default or in breach of any of the terms of the Agreement, or in the event of the CITY 's bankruptcy or receivership. In such an event, the DEPARTMENT shall give the CITY a written notification of such breach or default, and the CITY shall have thirty(30) days to cure the same. If the CITY fails to cure or remedy the breach or default within said period of time, the DEPARTMENT shall have the right to declare this Agreement to be terminated. Upon such an occurrence, the CITY shall surrender the PREMISES to the DEPARTMENT subject to the provisions of Article D-14. Likewise, the CITY, with 90 days written notice, may terminate this Agreement if the DEPARTMENT is in breach of any of the terms of the Agreement. Upon such an occurrence, the CITY shall surrender the PREMISES to the DEPARTMENT subject to the provisions of Article D-14. 14. VACATING THE PREMISES: The CITY, immediately upon Agreement Termination, shall vacate the PREMISES and remove all property to which the CITY holds proper title, except that the CITY shall not remove any property that is permanently attached to the PREMISES regardless of whether the CITY holds proper title except as authorized in writing by the DEPARTMENT. Should the CITY fail to remove or dispose of the CITY's property, the DEPARTMENT may consider such property abandoned and may claim proper title to such property or dispose of same at the CITY's expense. In addition, at the termination of this Agreement, the CITY shall quit and surrender the PREMISES, including real property 8 improvements, in a good state of repair, save ordinary wear and tear. The DEPARTMENT reserves the right to require the CITY to mane such repairs and restorations as it may, in its sole discretion, deem necessary. 15. NONINTERFERENCE AND COOPERATION: The DEPARTMENT and CITY shall do nothing to interfere with or prejudice the other's right or duty to recover damages or commence action against a third party, and shall furnish all reasonable assistance and cooperation in connection with any action against such third party, including without limitation assistance in the prosecution of suit. 16. DISCRIMINATION; The DEPARTMENT and the CITY shall not discriminate unlawfully on the basis of race, color, sex, national origin, age or handicap in admission to, or treatment or employment in, programs or activities. 17. CERTIFICATIONS: The CITY will complete the attached Certification Document marked ATTACHMENT A, which will be incorporated as part of this AGREEMENT. 9 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written, and represent that the signatories below are duly authorized to execute this AGREEMENT on behalf of their respective bodies, and that the effective date of this AGREEMENT is the date approved and executed by the Director of the DEPARTMENT. STATE OF ILLINOIS RECOMMENDED: ?Date: D: Gary R. Clark, Director vold, Director Office of Water Resources nt of Natural Resources APPROVED: (-L,,J,�, . IAA Robert Mooi, Legal Counsel UNITED CITY OF YORKVILLE ATTEST: APPROVED: Yorkville CITY Clerk Yorkville CITY Mayor 4 Date: !/ 710 10 ATTACHMENT A CERTIFICATIONS DEPARTMENT OF NATURAL RESOURCES 1. The Contractor certifies that it is not barred from being awarded a contract or subcontract under Section 50 of the Illinois Procurement Code(30 ILCS 500/50). 11. The Contractor certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33-E3 or 33-E4 of the Criminal Code of 1961 (720 ILCS 5133E-3, 720 ILCS 5133E-4). 111. The Contractor certifies that it is not in default on an educational loan as provided in Public Act 85-827 (5 ILCS 38511) (a partnership shall be considered barred if any partner is in default on an educational loan). IV. The Contractor is not prohibited from selling goods or services to the State of Illinois because it pays dues or fees on behalf of its employees or agents or subsidizes or otherwise reimburses them for payment of their dues or fees to any club which unlawfully discriminates (775 ILCS 2511). V. Under penalties of perjury, I certify that the name, taxpayer identification number,and legal status listed below are correct. Name: Taxpayer Identification Number: Social Security Account Number or Federal Employer Identification Number (If you are an individual,enter your name and SSAN as it appears on your Social Security Card. If completing this certification for a sole proprietorship, enter the owner's name followed by the name of the business and the owner's SSN. For all other entities, enter the name of the entity as used to apply for the entity's FEIN and the FEIN.) Legal Status (Check one): ❑ Individual ❑ Owner of Sole Proprietorship XGovernmental Entity • Partnership ❑ Nonresident alien individual •Tax-exempt hospital or extended care facility ❑ Estate or legal trust • Corporation providing or billing ❑ Foreign corporation, partnership, estate, or trust medical and/or health care services ❑ Other: ❑ Corporation NOT providing or billing medical and/or health care service VI. This certification Is required by the Drug Free Workplace Act (30 ILCS 58011)for contracts and grants effective January 1, 1992. The Drug Free Workplace Act requires that no grantee or Contractor shall receive a grant or be considered for the purposes of being awarded a contract from the State for the procurement of any property or services unless that the grantee or Contractor will provide a drug free workplace and that individuals must not engage in the unlawful manufacture,distribution, dispensation, possession or use of a controlled substance in the performance of the contract or grant. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contract or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but not more than five (5)years. CONTRACTORIGRANTEE:For the purpose of this certification,"grantee"or"contractor"means a corporation,partnership,or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division, or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State. -2- ATTACHMENT A The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that,as a condition of employment on such contract or grant, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace: (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; (4) the penalties that may be imposed upon employees for drug violations. (c) Providing a copy of the statement required by subparagraph (a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10)days after receiving notice under part(B)of paragraph (3)of subsection(a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on,or requiring the satisfactory participation In a drug abuse assistance or rehabilitation program by, any employee who is so convicted as required by section 5 of the Drug Free Workplace Act. (f) Assisting employees In selecting a course of action in the event drug counseling,treatment,and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. INDIVIDUALS: If Contractor is an individual,or an individual doing business In the form of a sole proprietorship,the individual certifies that the individual will not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of the contract. Contractor certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance In the performance of the contract, This requirement applies to contracts of more than$5,000. VII. In compliance with the State and Federal Constitutions,the Illinois Human Rights Act,the U.S.Civil Rights Act,and Section 504 of the Federal Rehabilitation Act, the Department of Central Management Services does not unlawfully discriminate in employment, contracts, or any other activity. Contractor,its employees and subcontractors,agree not to commit unlawful discrimination and agree to complywith applicable provisions of the Illinois Human Rights Act, the Public Works Employment Discrimination Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act,and rules applicable to each.The equal employment opportunity clause of the Department of Human Rights'rules is specifically Incorporated herein. The Americans with Disabilities Act(42 U.S.C. 12101 et seq.)and the regulations thereunder(28 CFR 35.130)(ADA)prohibit discrimination against persons with disabilities by the State, whether directly or through contractual arrangements, in the provision of any aid, benefit or service. As a condition of receiving this contract, the undersigned contractor certifies that services, programs and activities provided under this contract are and will continue to be in compliance with the ADA. -3- ATTACHMENT A VIIL Contractor certifies he/she has informed the director of the agency in writing if he/she was formerly employed by that agency and has received an early retirement incentive under Section 40 ILCS 5114-108,3 or 40 ILCS 5116-133.3 of the Illinois Pension Code.Contractor acknowledges and agrees that if such early retirement incentive was received,this contract is not valid unless the official executing the contract has made the appropriate fling with the Auditor General prior to execution. RETENTION OF RECORDS: The Contractor or subcontractor shall maintain books and records relating to the performance of the contract or subcontract and necessary to support amounts charged to the State under the contract or subcontract, The books and records shall be maintained by the Contractor for a period of 3 years from the later of the date of final payment under the contract or completion of the contract and by the subcontractor for a period of 3 years from the later of the date of final payment under the subcontractor completion of the subcontract. However,the 3-year period shall be extended for the duration of any audit in progress at the time of that period's expiration. Ail books and records shall be available for review and audit by the Auditor General and the purchasing agency. The Contractor agrees to cooperate fully with any audit conducted by the Auditor General and to provide full access to all relevant materials. Failure to maintain the books and records required by this Section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the contract for which required books and records are not available. (30 ILCS 500120-65). X. SEXUAL HARASSMENT: Pursuant to 775 ILCS 512-105(A)(4),contractor shall have written sexual harassment policies that shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii)a description of sexual harassment,utilizing examples; (iv)the Contractor's internal complaint process including penalties; (v)the legal recourse, investigative and complaint process available through the Department of Human Rights and the Human Rights Commission;(vi)directions on how to contact the Department and Commission;and (vii) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act.A copy of the policies shall be provided to the Department upon request. XI. For contracts exceeding $10,000, the Contractor certifies that neither it nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S.Export Administration Act of 1979 or the regulatibns of the U.S. Department of Commerce promulgated under that Act. XII. Contractor shall notify the Department's Ethics Officer if Contractor solicits or intends to solicit for employment any of the Department's employees during any part of the procurement process or during the term of the contract. XIII. WAGES OF LABORERS, MECHANICS AND OTHER WORKMEN: If applicable,the Contractor shall be required to observe and comply with provisions of the 'Prevailing Wage Act," 820 ILCS 13011 et. seq.,which applies to the wages of laborers, mechanics and other workers employed in any public works. XIV. The Contractor or bidder certifies that it, or any affiliate, is not barred from being awarded a contract under 30 ILCS 500. Section 50-11 prohibits a person from entering into a contract with a State agency if he knows or should know that he,or any affiliate,is delinquent in the payment of any debt to the State as defined by the Debt Collection Board, Section 50-12 prohibits a person from entering into a contract with a State agency if he,or any affiliate,has failed to collect and remit Illinois Use Tax on all sales of tangible personal property into the Stale of Illinois In accordance with the provisions of the Illinois Use Tax Act. The Contractor further acknowledges that the contracting State agency may declare the contract null and void if this certification is false or if the Contractor, or any affiliate, is determined to be delinquent in the payment of any debt to the State during the term of the contract. XV. The Contractor certifies in accordance with Public Act 93-0307 that no foreign-made equipment,materials,or supplies fumished to the State under the contract have been produced in whole or in part by forced labor,convict labor,or indentured laborunder penal sanction. XVI. The Contractor certifies in accordance with 30 ILCS 500/50-10.5 that no officer,director,partner or managerial agent of the contracting business has been convicted of a felony under the Sarbanes-Oxley Act of 2002 ora Class 3 or Class 2 felony under the Illinois Securities Law of 1953,815 ILCS 511 et seq., for a period of five years prior to the date of the bid or contract. The Contractor acknowledges that the contracting agency shall declare the contract void if this certification is false. XVII. The Contractor certifies this agreement is in compliance with the requirements of the Corporate Accountability for Tax Expenditure Act(PA 93-0552). XVIII, The Contractor certifies in accordance with 30 ILCS 500150-12 that the bidder or contractor is not barred from being awarded a contract under this Section, The Contractor acknowledges that the contracting agency may declare the contract void if this certification is false. -4- ATTACHMENT A The undersigned acknowledges and agrees that each of the certifications or amendments shall be incorporated into and made a pa;t of the invitation for bids,request for proposals,agreement,contract, amendment,renewal or other similar document to which these certifications are attached. CONTRACTOR: - BY: TI TLE: ,�C DHR Public Contract Number': l 2 (11--00 Approved by DNR Legal Counsel June 20D3 as revised by Comptroller Accounting Bulletin 116 in January 2004 (") Department of Human Rights Public Contract Number, Each Contractor having 15 or more employees must have a current Public Contract number or have proof of having submitted a completed application for one. Application forms may be obtained by contacting the Department of Human Rights, Public Contracts Section,100 W.Randotph,1 O'"Floor,Chicago, Illinois 60601 or calling 3121814-2431 (TDD 3121263-1573). In the space provided,show your Public Contract Number or,if not available,the date a completed application for the number was submitted to the Department of Human Rights.Contractors with less than 15 employees may Indicate'not applicable'. ILLINOtS DEPARTMENT OF NAT U RAL RESOURCES FEW— ce of Water Resources �h_� 524 South Second Street, Springfield 62701-1787 C Brent Manning,Director F January 20, 1999 Mr. Joe Wywrot City Engineer City of Yorkville 111 West Fox Street, Suite 3 Yorkville, Illinois 60560 Dear Mr. Wywrot: Re: Fox River(Lease Number 645A) Enclosed is a executed original of the Intergovernmental Agreement between the City of Yorkville and the Department of Natural Resources. 'I his agreement will supercede your current lease with the State of Illinois that was entered into on April 25, 1991. If you have any questions please contact Patrick Johnson at(217) 785-7469. Sincerely, 90w�' .)ZPJ William J. Schuck Manager Division of Project Implementation WJS:PJJ:kmp/wywrot.wpd Enclosure cc: Guy Sternberg iprinled on recycled and recyclable paper) ILLINOIS DEPARTMENT OF AURAL RESOURCES Office of Water Resources ^- a 524 South Second Street,Springfield 62701-1787 Jim Edgar, Governor a Brent Manning,Direc November 17, 1998 Mr. Joe Wywrot City Engineer City of Yorkville 111 West Fox Street, Suite 3 Yorkville, Illinois 60560 Dear Mr. Wywrot: Re: Fox River Lease (Lease Number 645A) Enclosed are three originals of an agreement that will 81low the City of Yorkville to install a 16-inch water line across the Fox River along with the right to occupy the remaining lands for open space and recreational purposes. In accordance with previous discussions you have had with Patrick Johnson of this office, the proposed project should be constructed as provided by the approved CERP review denoted on Exhibit C in the enclosed intergovernmental agency agreement. If these terms are agreeable, please have all three originals executed by the city and return them to this office for further processing. You must also complete the signature authorization(Exhibit A) in triplicate, We will then submit the agreement for approval by the State of Illinois after which a filly executed copy will be returned to you for your records. If you have any questions regarding this agreement, please contact Patrick Johnson at (217) 785-7469. Sincerely, William J. Schuck Manager Division of Project Implementation W J S:P JJ:kmp/wywr o t.wp d Enclosures [0:11ad nn rec/ded and recydahle paper) AGREEMENT NUMBER : SITE NAME: FOX River Park LOCATION CODE: 80 - 6407 - 2 MERGOVERNMINTAL AGENCY AGREEMENT BETWEEN THE CITY OF YORKVII.LLE, ILLINOIS AND THE ILLL%IS DEPARTMENT OF NATURAL RESOURCES This Agreement is entered into this 1,f-14 day of 1991 between the CTTY OF YORK MLLE OF THE STATE OF ILLINOIS (CITY) and the ILLINOIS DEPARTMENT OF NATURAL RESOURCES (IDNR) under the authority of the Intergovernmental Cooperation Act, 5 ILCS 22011 et seq., and the Illinois Constitution,Art. 7 §10. WTTNESSETH: WHEREAS, IDNR has jurisdiction over State property at the Yorkville Dam of the Fox River, located in Kendall County and known as Fox River Park(hereinafter the "PREMISES"); and WHEREAS, CTTY currently operates portions of the PREMISES under a previous agreement(#645A)with IDNR, dated 25 April 1991 and incorporated herein by reference,for open space and recreational purposes; and WHEREAS, CTI Y wishes to extend a 16-inch water Line across the PREMISES, including the Fox River; and WHEREAS, IDNR has no objection to the construction of said water line by CITY; and WHEREAS, 11DNR and CITY are units of State and local government, respectively, and authorized to enter into this Agreement under the Statutory authority cited above; and WHEREAS, the Mayor of CITY is empowered to enter this Agreement on behalf of CITY by virtue of the signature authorization resolution document attached hereto as Exhibit A and made a part hereof 2 NOW THEREFORE, IDNR and CITY agree as follows: 1. PREMISES: The PREMISES covered by this Agreement shall include three (3) tracts, comprising the Yorkville Darn and the abutting properties on the North and South banks of the Fox River in Section 33, Township 37 North, Range 7 East of the Third Principal Meridian, known as TRACT A (north abutment area), TRACT B (south abutment area), and TRACT C (all IDNR property situated between said TRACTS A and B and bounded by the extended East and West boundaries thereof), as shown on Exhibit B attached hereto and made a part hereof. 2. USE OF PREMISES: CITY hereby agrees to use the PREMISES for open space and recreational purposes at no charge to the public and for the proposed 16-inch water line and other appurtenant utilities only, in accordance with plans and specifications approved by both parties. 3. CONSIDERATION: In consideration for IDNR's permission for CITY to construct the proposed I6-inch waterline across IDNR property, CITY hereinafter shall perform A routine maintenance of the PREMISES, including litter control and vegetation management on all three(3) tracts and prevention of woody growth on the dam or adjacent portions of its abutments, subject to direction by and approval of IDNR. 4. OBSTRUC'T'ION OF PREMISES: CITY shall do nothing that might interfere with the ability of IDNR to inspect, maintain or improve the PREMISES or any portion thereof, including specificOy but without limitation activities of IDNR related to the operation, of the dam. 5. RELEASE OF DAMAGES: CITY releases IDNR,its employees,contractors, assigns, and all other parties standing in the interest of the State of Illinois, from damages incurred during the operation of the dam or other portions of the PREMISES; IDNR shall use its best efforts to avoid causing any such damages. 6. FUND APPROPRIATION:All financial obligations ofIDNR under this contract are by law 3 subject to Legislative appropriation or availability of other funding, and shall cease immediately should the Illinois Legislature or other funding source fail to appropriate or make available the necessary funds, IDNR shall use its best efforts to secure such funds. 7. LAWS AND REGULATIONS:IDNR and CITY shall comply with all applicable provisions of State and Federal constitutions, laws, regulations, orders and decrees, including but not limited to those pertaining to unlawful discrimination and equal employment opportunity, including without limitation the Illinois Human Rights Act,the public Works Employment Discrimination Act,the Civil Rights Act of 1964, the Americans with Disabilities Act, and Article VI of the regulations of the Illinois Department ofHumanRights, which are incorporated herein by reference.In addition, CITY shall comply with all environmental and cultural heritage requirements, including without limitation the stipulations of a Ietter dated 15 September 1998 and attached hereto as Exhibit C. 8. NOTTFICATTONS: All official notices pertaining to this Agreement, excluding routine management communications but including, without limitation, communications pertaining to amendments or termination, shall be effective only if directed to the respective parties as follows: for IDNR: for CITY: Department of Natural Resources Mayor, City of Yorkville Office of Administration 111 West Fox Street 524 South Second Street, Suite 610 Yorkville, Illinois 60560 Springfield, Illinois 62701-1787 (telephone 217-782-0179) (telephone 630-553-4372) or to such other points of contact as may be designated in writing from time to time by authorized representatives of the parties. All routine communications relating to management and operation of the PREMISES shall be directed as follows: Department of Natural Resources Yorkville City Engineer Office of Water Resources 610 Tower Lane 524 South Second Street Yorkville, Illinois 60560 Springfield, Illinois 62701-1787 (telephone 217-782-0900) (telephone 630-553-4350) 4 9. SUCCESSORS: AU covenants and conditions of this agreement shall be binding upon and extend to the respective successors, assigns and legal representatives of IDNR and CITY. 10. SUPERSESSION: This Agreement supersedes conflicting portions of all previous agreements between the parties hereto regarding the subject PREMISES, or any portion thereof. 11. CANCELLATION: This Agreement shall continue in full force and effect until canceled by either party, upon 90 days advance written notice to the other party. Within one (1) year of such cancellation and at the option of IDNR, CITY shalI have restored the PREMISES to its original condition prior to use by CITY, to the reasonable satisfaction of IDNR. THIS AGREEMENT shall become effective as of the date first above written. CITY OF YORKVILLE, ILLINOIS: ILLINOIS DEPARTMENT OF NATURAL RESOURCES: BY:x �l BY � f DATES DATE: fm viga/gPJJ298 EXHIBIT A SIGNATURE AUTHORIZATION : Y ILLINOIS DEPARTMENT OF NATURAL RESOURCES 524 South Second Street.Springfield 62701-1787 Jim Edgar,Governor 9 Brent Manning,Director EXMIT A SIGNATURE AUTHORIZATION As an official agent of k THE UNITED CITY OF YORKVILLE (Lessee or Licensx—Company/Corporation 1 Municipality) I certify that )C ROBERT A. JOHNSON is an authorized representative (Name of executive or official who will sign the agmmnent) of said organization and is legally empowered to act on its behalf in executing this agreement. Signed k a- 1-';1V711 crso g signature authority o above official.,must not be the same individual) Title:k DEPUTY CITY CLERK Date. DECEMBER 28 1298 -6- Elfeclrve Juy 1.IM,the Illinois Denartrnenl of Natural Resources was treated thr wh the mn sdidabon of tree IrGnoa Oepannenl of Conservation,Depa=ent of Mnes and Minerals.AtsarWoned Me*d Lands Rec arnarion Count,the Deoarm+ern of Transportation's ayann al Water Reswcas. .-H rha 06—'e"—u......_-_.— .r.r . -—m,-_.. -(r----..-A n—_ -- EXHIBIT B PLAT AND DESCRIPTION OF PREMISES I ^"� ILLINO E 5 } DEPARTMENT OF NATURAL RESOURCES 524 South Second Street,Springk-k 62701.1787 Jim Edgar, Govemor 0 Brent Manning,Director �7. ,I__ I Jl 11 •! S0._p�llel:� •a e � i r �a ? J ♦ I A M ♦ v,: r♦ ♦rta --� split::r ST-- e M ,.• I�C@ I ` 7 w 1- -!E. .y TER STREET b'l !U Crrr w �tom- •♦•s �"�-- O a r �' off all CC. MA f u STAE[1 � ,• , 1 I • mil l _p r r 1 J rN I , r � 4M �� — 2x. I I I fi i{IYER LIT P) STRLtT • ; r r; .. t Psi rlI ! irJrr >: rIl olf oil srr cw, tAuan•1 f ILL. I 1 w v•r 1 • I r I � • I ' J J r J rl J i I • 7R l ,.t r-1 J•,.,5 y-j 1 •ra rl' r AVE1;C= J-r YDfL�t1LfC �r or ♦ J t u I J w~1 - r � a` sx w` a: ol! ! aJo MM u-it a 7 r.• ' -a_ Erm=>ra Afy 1,1 845,the lmncda DelpwUr em d Nabird Reeperm eras oeesW thragh lee aaraelidatnn d Iris I6nas D&pw nem at Canse own,Deparvnem of Mmes anc Wwah.Ab-domed Wreed tanW Padwns=Ca+=e ro OWWr e l of Traraporsab_S Diy-n of Water Renarves. Wd rM liras Sb M Lit w —•..1 e.:r.m-O wa_a_.,.,,.-,d,__r _.d r__o.n L s__r NE COR BC A• 17 rowN of BR1sro1 `'j + r �v TOWN � �� 22 � ION OEUII 1 v f i PCYMr or a ; 1I BEWNm%c SOUINE,LSr CORNER 1 I 1JT{1'Or BLOCK 22 �• YrCLEL1ANS ADD l PCYNT ARENT M4CT rRG41 !y 51.1 l i �h `JO BOOS a 1 srOO'Ol" t l O y STATE OF ILLINOIS PROPERTY I (PARENT TRACT) e 1 � r-1o• � !.rrro•.T' l o 11 y / 1ILIIrS ITUR Wr 'K74r}y k.j CCWSrRuc7xN C/EIfTS M IP019ARr /�v CONS7RLPCl1ON Jo'SOS F /-WOO q' R WALTER E. DEUCHLER ASSOCIATES, INC. SH>z co Agimers - Arm, Nirwis �r REMSIONS CAC7 OWG: \yV\4706T\ESUT,p OES,CHEO OHS Rt7VED DHS OQK 66b fvV11BER YORKVILLE WATER"N EXTENSION -. ,, -- ST&TF nr n,v,,nrc conorazv ILLINOIS DEPARTMENT OF NATO RAC, RESOURCES 4 I 524 South Second Street, SPringfield 62701.1787 Jim Edgar, Govemor 0 Brent Manning,Director R N'V.1 "All ,A part. of Lot 3 in Block S. according to the map of Black's Addition to the Village of Yorkville, Kendall County, Illinois, bounded as folloirs: beginning at a point in the North line of Hydraulic Avenue, said point being one hLuidred eighty-seven (187') feet easterly of the Southwest corner of said lot 3; thence South 850 Fast along the North line of Hydraulic Avenue a distance of four htmdred seventy- four (474') feet to a point; thence .Southerly along the Fast line of Mill Street,-exteftded, two and one-half (2 1/Z') feet to a point; thence easterly and a right angle to the last described line, a distance of two hundred sixty-five (2651) feet to a point; thence North 60 Fast, a distance of ninety-five (95') feet to a point on the South bank of the Fox River; thence westerly along said South bank to a point one 4 rrulred eighty-seven (187') _feet easterly of the West line of said Lot 3; thence-southerly and parallel to the West line of Lot 3, a distance of eighty-eight (88') feet to the point of beginning; Excepting therefrom a parcel of land described as follows: part of t zn lock 5, according to the map of Black's Addition to the Village of Yorkville, Kendall County, Illinois, bounded as _ follows: beg mu"ng at a point in the North line of Hydraulic Avenue, said point being one hundred eighty-seven (1879 feet easterly of the . Southwest comer of said Lot 3; thence South 850 East along the North line of Hydraulic Avenue a distance of tiro hundred fifty (2501) feet to a point; thence North 60 East, a distance of one hundred ten (110') feet more or less to a point on the South bank of the Fox River; thence westerly along said South bank to a point one hundred eighty-seven (187') feet easterly of the hest line of said Lot 3; thence southerly and,parallel to the vest line of Lot 3, a distance of one hundred ten (110') feet more or less to the point of beginning. TRACT "B" A parcel of land located in Section 33, Tounship 37 North, Range 7 East of The Third Principal Meridian, Kendall County, Illinois, being more particularly described as follmvs: beginning at a point, said point being twenty-nine (291) feet easterly of, and South 60 Best, three hundred twenty-three (3231) feet from the Northeast corner of Block 22 in the Town of Bristol; thence easterly along a line parallel with the Fox River, a distance of four hundred ninety-five (495') feet to • point; thence southerly at right angles to the last described line, • distance of two hundred sixty-four (2641) feet to the North bank of the Fox River; thence westerly along said-North bank, a distance of four hundred ninety-five (49.5 ') feet to a point on said North bank; thence northerly at right angles to the last described line, a distance of two hundred sixtyy-four (2641) feet to the point of beginning. EAler.#rr,*1,1966.fps WhOk p '9 of Alen:*Aeeai w rae anaped twoug,tie of Itm nrxoa DeP Rwd Of Candxve6m.Depy nem of Wm and l�r+r. ,Barra Aged Land,pdm+ra,Corm,tie gepwrwK d Trrrepc Vdm 1 DM Wm or Wstar Aer+urras, end Tx I�toic S4we"am n we saw9ive.R v.,rr<ew ee.riw rrw"wv of R tyw.rut med p..rr..... EXMIBIT C RENEW REQUIREMENTS I L L I Iii Q I S :.,. . DEPARTMENT OF ........ . ~ NATURAL RESOURCES 524 South Second Street,Springfield 62701 1787 Jim Edgar, Governor V Brent Manning,Direclr September 15, I998 Mr. Dave Oram, Superintendent Silver Springs State Park 13608 Fox Road Yorkville, Ill. 60560 Dear Mr. Oram, Reference is made to the application by the United City of Yorkville to install a i6 inch diameter water main across the Fox River that will utilize Departmental properties on each bank. This section of the Fox River has been identified as containing two species of fish that are listed as threatened or endangered by.the IDNR. As such, it has been determined, that the project may go forward with the following restrictions. These restrictions must be accepted in writing by the city or contractor and be incorporated into the projects scope of work. 1.) Work in the river must be restricted to the fall and winter months to avoid impacts to the breeding activities of the fish. Activities within the river should not extended beyond March 15, 1999. 2.) A granular material should be used in the construction of the coffer dams that will be needed to install the water main. This material must be removed when construction is completed. 3.) Tree clearing along the banks of the river on Departmental properties should be kept to the absolute minimum. A 30' corridor for this purpose would appear to be adequate and should be staked to prohibit heavy equipment from encroaching on adjacent lands. Upon completion of construction the corridor should be seeded and planted with trees to the extent possible to maintain as natural condition as possible. 4.) Siltation fencing should be used along the shoreline to prevent disturbed materials from washing into the river during rain events. If you have any questions concerning the restrictions listed above, please feel free to give me a call at (217) 785-5500. Sincerely, Kenn Litc field CERP Program Intergovernmental AGREEMENT between the CITY OF YORKVILLE, ILLINOIS and the STATE OF ILLINOIS/DEPARTMENT OF TRANSPORTATION for the Maintenance of state owned lands THIS AGREEMENT, made and entered into thiscL,5:�!_day of j— , 19 91 , between the City of Yorkville, hereinafter referred to as the "City", and the Department of Transportation, Division of Water Resources, acting for and on behalf of the State of Illinois, hereinafter referred to as the "Department", WITNESSETH: Whereas, the City and the Department are legal entities organized and existing under the laws of the State of Illinois having among their powers the authority to contract with one another to perform such undertakings as described herein, (Ill. Rev. Stat. 1989 ch. 127, par. 741 et seq.) and Whereas, the Department owns certain lands located in the Northwest 1/4, Section 33, Township 37 North, Range 7 East of the 3rd P.M. in Kendall County more particularly described in exhibits A & B attached hereto and made a part hereof, and Whereas, the City desires to make use of the above described land for open space and recreational purposes, and Whereas, the Department has no objection to the City using the above described land for open space use and recreation as long as the City agrees to maintain the land, on behalf of the Department, and do nothing thereto that might interfere with the Department's present or future use in respect to the operation and maintenance of the Yorkville Dam on the Fox River. OF ILLINOIS DEPARTMENT OF TRANSPORTATION THIS TNDOMM, made and entered into this ,��„-,� day of A.D. 19 L/, by and between the STATE OF ILLINOIS, Department of Transportation, of Springfield, Sangamon County, Illinois, hereinafter referred to as "STATE," and City of Yorkville Illinois 60560 )aE( hereinafter referred to as "LESSEE," WIIHESSETH: STATE, for and in consideration of conditions and covenants hereinafter set forth and subject to all laws, rules and regulations governing the leased premises, STATE hereby lets and leases to LESSEE for a term of five ( 5 ) year s , commencing an the first ( 1 ) day of March A. D. , 19 81 , and terminating on the twenty-eighth (28 ) day of February A.D., 19 86 , the property situated in the Northwest Quarter, Section 33 , Township 37 North , Range 7 Fast of the Third Principal Meridian, Kendall . County, Illinois, more particularly described on Exhibit "A" and delineated on Exhibit "B" which are attached to and made part of this lease document. IT IS F[UMMR AGREED AND o3VENANTED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1, LESSEE shall pay as rent the sum of "One And-NO/100 ($ I_D0 ) Dollars for a term ot this lease which amunt sM1 Se payable in advance as follows: One and No/100 . . [$ 1.00 ) Dollars Capon execution o agreement,. aid rental payment s e e pay a to reasurer o e State of Illinois" and be forwarded to the State of Illinois, Department of Transportation, Division of Water Resources, 2300 South Dirksen Parkway, Springfield, Illinois 62764, or to such other addresses as STATE may from time to time designate. STATE OF ILLINOIS SS No. KEN04LL COUNTY `—� FILED FOR RECORD APR -1 i9T kft,aljs:.� , MICROFILMED SEAT OF ILLINOIS INDEXED DEPARTlIENT OF TRANSPORTATION Raccangn w OFFOO TRACTED THIS INNEENTIM, male and entered into this 67- day of Af—elit , A.D. 19"11 , by and between the STATE OF ILLINOIS, Department of Transportation, of Springfield, Sangamon County, Illinois, e hereinafter referred to as "STATE," and �� ep Ynrkrl7rw__ of hereinafter referred to as "LESSEE," WITNESSETH: STATE, for and in consideration of conditions and covenants hereinafter set forth and subject to all laws, rules and regulations governing the leased premises, STATE hereby lets and leases to LESSEE for a term of � ( 5) years, commencing on the pint ( 1 ) day of Much A. D., 19 76 , and terminating on the tantY-eight (18) day of EgMMU A.D., 19_%L, the property situated in the Nostheont Quarter, Section 33 , Township 37 North _ _ , Range T But of the MLiV Principal Meridian, KONSAU County, Illinois, more particularly described on Exhibit "A" and delineated on Exhibit 'B" which are attached to and made part of this lease document. IT IS IURnfER AGREED AND CN NANTED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. LESSEE shall pay as rent the sum of end x/104 ($1,00 ) Do)lars for a term o is lease which amount shall e payable in advance as follows: 01.00 ) Do ars upm execution of this agreement, and ($ ) Dollars on aid rental payment she igE payable to the reasurer of e State of Illinois" and be forwarded to the state of Illinois, Department of Transportation, Division of Water Resources, 2300 South Dirksen Parkway, Springfield, Illinois 62764, or to such other addresses as STATE may from ti.r,!e to titre designate. 2 - 3. LESSEE agrees to restore the leased premises at the termination or cancellation of thin, lease to the same or better condition as existed at the commeaecement of this lease, ordinary wear and tear excepted. Furthermore, LESSEE shall not build, place erect or install any structure or do any work of any kind on said leased premises, other than herein authorized, without the prior written approval of STATE. All improvements authorized in accordance with the terms and conditions of this lease shall be and remain the property of LESSEE and may be removed by LESSEE at or before the above-mentioned expiration date. If this lease shall be cancelled prior to said expiration date, LESSEE shall remove such improlvwnts within ninety (90) days after the time this lease shall b;, cancelled. Lhiless said improvements shall be so removed upon written demand from STATE within the time named, the same, in the discretion of STATE, shall be removed at the expense of LESSEE. 4. LESSEE shall not sublet, sublease, assign, or otherwise permit the use or occupancy of the above-described leased premises, or any part thereof, without the prior written consent of STATE. 5. STATE hereby reserves the right to cancel this lease upon violation by LESSEE of any of the terms and conditions of this lease, and STATE shall possess the right to declare this lease void, and upon demand, to reenter and repossess said premises and LESSEE shall surrender said premises to STATE. In addition, the term of this lease may be terminated upon ninety (90) days' notice, in writing, made by STATE at any time. No holding over by LESSEE shall operate to renew this lease. 6. STATE makes no guarantees or assurances regarding the condition of any improvements situated on the above-described premises and LESSEE shall be fully responsible for the maintenance of all of said improvements. 7. This lease shall not be construed to release LESSEE from any liability for damage to persons or property resulting from or in consequence of the use and occupation of the demised premises and does not sanction any injury to private property or invasion cf private rights. LESSEE shall comply with all Federal, State, or local laws or regulations. LESSEE shall procure all permits and licenses, pay any and all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of any activities conducted on the above-described premises when such permits, licenses and notices are required by any Federal, State or local laws, rules, ordinances or regulations. 8. STATE, reserves the right of ingress and egress across, over or th=44 h any of the above lands described herein and LESSEE releases STATE, from any and all claims or damages resulting from the occupation and use of said premises by STATE. 9. LE55EE agrees that he will protect and save and keep the STATE forever harmless and indemnified against and from any penalty or damage or charges imposed for any violation of any laws or ordinances, skpartment of Transportation - Corporation Form i - 3 - 5 10. LESSEE shall be responsible for accepting surface drainage from adjoining lands, over, under and across said leased premises. In addition, LESSEE shall provide for all drainage presently r being accepted oy any watercourse in the area,- across, over or through Fthe leased premises, and all provisions for altering such drainage shall be sibject to approval by STATE in writing. 11. This lease is subordinate to the terms end conditions of any and all public or quasi-public easements granted by STATE over, *.ruder, upon and/or across the leased premises. LESSEE acknowledges that the leased premises were inspected by LESSEE prior to execution of this lease and that the utility facilities and appurtenant structures are not incompatible with the use or uses herein authorized. STATE specifically reserves the right to grant additional easements provided that any future easement is or will not, in the discretion of STATE, be incompatible with the use or uses herein authorized. 12. Except as herein otherwise expressly provided, the covenants, conditions and agreements contained in this Indenture, shall bind and inure to benefit of STATE and LESSEE and their respective heirs, executors, administrators, successors, agents or assigns. 13. All tuft of lwhatarer nstUM, pertbTsiod by the LWM in the ssriat�, operatim, use or o=upmc-y of the leased ptmdses �Subject tt�e spr-i r written eq�pof S!'A18. m the:enrith shall i i } ■ �l 3 WITNESS the signatures of the parties hereto, the day and - 4 STATE OF ILLIN I5 OO[NTY OF ] ss 1, ,,,_ a Notary Public in and d e t to a resat ereby ce ify that and cr tart' of e o are pars y own to me to be s ose naaxs are subscribed to the foregoisig instrument ass L; J and Secretary, appeared before me this day in person an scvera crow edged that they signed, sealed, and delivered the said instrument of writing as their free and voluntary act, and as the free and volurttary act of said Corporation for the uses and purposes therein set forth, pin-ant to authority Sim by the Board of Directors of said Corporation and caused the corporate seal of said corporation to be thereto affixed. G' under=hand Notarial seal this / --,& day of ataxy c � My Commission Expires: STATE OF ILLINOIS MPAMENr®OF TRANSPORTATION 7 a BY: Cretwry RE0344ENDED AIM APPROVED: BY. A*+ r L Director 33mrZir "All Legal_Descriotion of Leased Promisee TRACT "A.. A part of Lot 3 is Block 5, according to the map of Black's Addition to the Villagd of Yorkville, Kemdtll County, Illinois, bounded as follows: NWIDDIng at a point in the North Lim of Hydraulic Ague, said point being Me hURdred eigirty-seven (1871) feet easterly of the Soiishwst corner of said lot 3; thanes South g5o East along the :Torte line of hydraulic Avanw a distance of hour hundred seven flout (474') feet to a paint, thence Southerly along the Past lie of 1111 Stroet, extended, two and one-half (2 1/2w) feet to a point; thence dostariy and a right angle to the last described line, a distance of distance of ninon yffi((95*) feet to a �t;annthse South bank of a t:,e Fox kiver; thence westerly along said South bank to a point one hundred eighty-seven (1871) feet easterly of the Nest line of said Lot 3; thence southerly and parallel to the West line of Lat 3, a di.st I auuo of eighty-eight (881) feet to the point of beginning; hxc2 t �a parcel of land described as hollows: ]�pa:zt a t, lock 5, according to the nap of Black's Addition to the VillaP of Yorkville, Kwdall County, Illinois, bounded as follows: beginning at a point in the North line of Hydraulic Avenue, said point being one hundred eighty-seven (1871) feet easterly of the Sauthaest Coraer of said Lot 3; thence .9auth 85Q Pest along the Fortin line of Hydraulic Avenue a distance of two hundred fifty (258') feet to a Doint; ttteace North 610 East, a distance of one hundred ten (1101) fit more or less to a mint an the South bank of tine Pox River, t!ienoe Westerly along saia South bank to a point one hundred eighty-seven (1879 Beet easterly of the West line of said Lot 3; thence southerly and parallel to the wbst line of Lot 3, a distance of one hundred tam (110') foot more or less to the point of begiming. TRACT '7" A parcel of land located in Section 33, Township 37 North. age 7 Bast of the 'third Principal Meridian, Kendall County, Illinois, being more Particularly described as follow: be&auing at a point, said point being twonty-nine (291) feet easterly of, and South 60 West, three hundred twenty-three (323') fleet fran the Northeast corner of Bl&* 22 in the Tsai of Bristol; thence easterly along a line parallel with the Pcm River, a distance of four hundred aiaety-five (49S') feet to a point; thence southerly at right angles to the last described line, 1 & m bwmbmd Wb►`hw {A644] t to les Ib�Id M�k i[for �r add Nwr bftt of bw [ '] to •]PAW rs d MMO bast; Ar on[ ') art t 28 fir, a dstmm of 1p�tt of boxeeiag. 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OF ;E YORKVILLE PARK&PEtREATIO N 2008 PARK AND RECREATION MASTER PLAN October 28, 2008 POTENTIAL PARK LAND ACQUISITIONS A majority of riverfront property is privately owned,but when riverfront land becomes available for purchase, the Parks Department should evaluate the potential active recreation uses for the property for purchase. Easements sought for the Fox River Trail should be acquired during re- zoning or property purchase or annexation by the City. In addition, any riverfront property acquired by the Parks Department shall be developed for active recreation uses such as a boat launch, fishing pier, hiking trails, etc. Where small parks are located next to open space or lots, to expand the property, acquisition of additional lots shall be considered when available. Large tracts of open space are necessary for the planning of a community athletic park in each quadrant, and the location of these fields should be conducive to lighted fields for extended field use scheduling and maintenance time. The Master Plan is to be utilized as a guideline for development to locate parks and open space. The City will enter into partnerships when necessary to fully implement the Master Plan for acquiring and developing community parks. MAINTENANCE FACILITY The Park and Recreation Department currently shares a maintenance facility with the Public Works Department, located on Tower Lane,north of the River,west of Route 47 in the north- central area of town. This building currently houses and serves as the office, storage, and maintenance yard for all City maintenance workers. A recent purchase of a facility in the Fox Industrial Park, south of the river, east of Route 47 in the south-central area of town,will provide a second storage facility and maintenance building.As traffic increases and the distances grow greater between the maintenance facility and parks, spacing out locations for storing and staging equipment use will help to lessen the travel time and cost for park maintenance, although this does not factor in the intensity of the maintenance required for the amenities at each facility. As the population increases and developments are constructed further away from the central area of town, the sprawl will require the City to analyze their staging locations of maintenance equipment. Travel time of employees and reducing fuel use to service parks will require evaluation of population centers, distance to current maintenance facilities, and traffic evaluation to determine travel times. To best deternine the necessity for an additional facility, the United City of Yorkville's comprehensive plan would serve as the guide for the community for land use,policy decisions, and facility use. The Citizens Advisory Committee determined goals, objectives, and action plans in the 2008 Comprehensive Plan update. An objective of Section 3: Community Facilities, would be to review the current 2005 Municipal Facilities Plan and produce a public facility site study to feasibly determine the locations which serve as the highest and best use for each new municipal Section 3 3.27 Y 1CS 4 L'ECi SOLM IE y • Would like Stonybrook Lane Park fixed up. • Would like to see entrance to city updated at city limits and entrances to subdivisions have additional landscaping. Other then that, keep up the great work! New programs • A women's self-defense class would be very beneficial to me being a women in her 30s. Many of my friends have also inquired about this. • Camps for kids for parents who work with times for pick-up and drop off. • City bus service. • Day trips for seniors-like the Fox Valley Park District has–casinos and misc.trips. • Golf and Tennis are a must. • Have activities for seniors. Bus service for seniors. • Having sports activities for all ages from children to senior citizens would be a healthy activity that could help fight obesity. • 1 am not an advocate of ideas like teen centers& day camps that allow parents to drop off and not supervise their own children. • I believe Spanish, English and Sign Language(ASL) classes would be beneficial to the community as well. • 1 have lived in Yorkville for only a few months and would find it extremely helpful to have a map showing the location of city parks and recreation areas. If a map was offered to new residents the parks would get more immediate usage by new residents. • 1 think we really need to add things to our community that will keep our youth out of trouble. • 1 would like classes in oil and watercolor painting. Quilt making and other crafts that are in style now. Thanks for doing this survey. • 1 would like to see programs offered in the afternoon for AM Kindergarten students. • Interest in 55160 and over softball leagues. It is important to have programs for children, but also if not more important to have programs for adults, especially senior citizens who are the core of a community suburbs like Brookfield and North Riverside have great senior programs. • It seems today that youngsters don't know how to cook or clean. I know it is because both parents are working. I am sure you can offer something to help. Also, I'm sure you could get volunteers to assist—perhaps a car maintenance program. • It would be great to offer A.U. exercise classes with babysitting like Oswego does. • It would be great to see more classes for young kids offered. Classes similar to Oswego park district.An outdoor pool for the community is needed, not just a water park that will be used by non-residents.A location for kids to do gymnastics/tumbling, etc. would be great. The Riverfront Park needs to be more kid friendly. It's very difficult for the kids to get on the equipment. One similar to Beecher Park would be great.The park district needs gathering areas. • It would be nice to offer classes for senior citizens on special interests/crafts. • Moved here from a great suburban P.D. program. This town's programs are horrible for adult programs--tae-bo, step aerobics,tennis courts—where are they? Weight rooms, dog parks! Get your act together ASAP-population boom herds services! • Please offer city bus services for Yorkville through anywhere or at least closest area! Yorkville Parks and Recreation Department 44 Public Opinion Laboratory 2007 Mail Survey Northern Illinois University K� q krrc • The cost of the programs is too high and too crowded. The price needs to be more affordable and have more programs. • The movie in the park is a great idea and a lot of fun; communication could be slightly improved when there is a charge or cancellation of an event! • The park office employees are excellent and so friendly. The travel leagues for basketball should be more competitive like other park districts (Plainfield).Also, soccer traveling, would be great if it ran smoothly for the money one pays for it. They should mimic Panther soccer club in Oswego. • The parks seem to be kept clean and in good condition. The new baseball fields are looking good but could use better umpires and the cost is very expensive for men's league softball once a week. Would really like to seethe River-walk continue! Also, a well run teen center for kids (teenagers)to hang out and stay out of trouble.The Riverwalk would be our main focus.Naperville's is very successful and kept up and secure. • The toddler t-ball was very expensive for the training and type of program provided. We were very disappointed in this program. However, almost all other programs we have been involved with seemed reasonably priced and we have been happy with the programs overall. • To close the Riverfront Park on Hydraulic at 11:00pm for fishermen is bullowlt is saying that people should only be able to use our natural resources on the government's schedule. • Use of free ideas from seniors in community—who would give free time start being smart! • We absolutely do not (detest)the annual "hometown" days in our backyard. Move that venue to the Kendall County fairground or elsewhere. • We hope the residences of Yorkville will never, ever have to undergo the fire works noise and percussion that we heard and had at the Yorkville festivals days. PNA Camp noise was nil to this thoughtless night of explosions. • We love Ms. ******'s art classes. The new location should have a community mural done on it. I hope there are plans to cheer up the building.Also Bolingbrook puts out an amazing brochure; however, I know they are much larger. • We need a youth golf league. • Wish there were more classes at night. • Your older soccer program was not very good.No option for a child who wanted to play but not travel and have to go to Oswego travel. • Your program for fall is very disappointing regarding activities for seniors. Pleased with Parks and Recreation Department • 1 have only lived here 1 112 months but am in love with this town and see how progressive the administration is in providing more and better facilities and programs for its residents. Keep it up! • I like neighborhood parks for my grandkids. • I like the themed playgrounds. I only answered for my household needs. l believe the city and parks are very well maintained. Yorkville Parks and Recreaiwn Department 47 Public Opinion Laboratory 2007 Mail Survey Northern Illinois University VLA44 PARK 10: RIVER-FRONT PARK Riverfront Park is a 5 acre park located at the Fox River on East Hydraulic Street which hosts many large events in the pavilion. Residents can access the Fox River for fishing in a beautifully landscaped setting. Yorkville's newly renovated dam can be seen from this park, which will be the host to a kayak/canoe bypass once completed in 2009. Other amenities include a playground, picnic areas, and an asphalt path. LOCATION: • Subarea 8 • SE Quadrant • East Hydraulic Street EXISTING FEATURES: �x(mp,%fA—• Age 5-12 playstructure • Asphalt path —W111J 117-0 S-10 «OvC�— • Swings • Shelter/Pavilion U • Recreational buildings (2) • Picnic table(s) • Natural areas • Ornamental light Fishing • Park sign • Canoe portage FUTURE ENHANCEMENTS: • Master plan park Section 4 4-21 HISTORY OF PARK NAME: Bicentennial Riverfront Park was built in 1976 through community volunteers. The United City of Yorkville received the `Governors Hometown Award' for volunteer efforts from the construction of this park. Section 4 4.22 Yorkville, Illinois - Parks and Recreation Facilities Page 1 of 5 Home I Government I Departments I Living In Yorkville I Services _ Forme _ 1 Maps I A-Z Index 1 Contact Us Home>City Departments>Parks&Recreation>Facilities Parks and Recreation Facilities United City of _ _ Parks&Recreation Yorkville Parks - You're always • About us welcome! o Mission o Message from Director The United City of Yorkville is 0 Board Members&Meetings proud of their parks. o Associations Progressive In nature,the O Sponsorships Parks and Recreation Programs&Registration department has created an o Catalog integral system of parks throughout the city,each one having a unique 0 Cancellations/Changes characteristic or theme whether it's high adventure,sunflowers,farms, 0 Online Registration music,or riding trains,our parks offer it sill o Preschool o Athletic Leagues Try one or try them all!You can click here for a map showing the location O Program Overview o Special Events of any park in the United City of Yorkville.The matrix provides a list of amenities at each facility.Want to know what ages the playground was Parks&Facilities designed for?Or the exact address of the park?Click here for the o Facilities playspace database.Want to rind a playspace?Go to www.kaboom.org 0 Bridge Park Location and click the link'find a la o Report DestruclionlDamage p yspace'.Feel free to comment on the ram o Tree Dedication Pro playground you visit! g 0 Park Projects o Parks Rental Information We're always looking for new ideas,If you have a newtheme idea,call o Park Development Standards Laura Schraw,City Park Designer,at 630.553.8574. 0 Park&Rec Master Plan • REC Center EXISTING PARKS • Employment O Application Beecher Community Perk a Forms Beecher Park is over 22 acres of athletic fields,playgrounds and baseball a Contact Us fields.This park is the main selling for the majority of the summer athletic programs offered by the Recreation Department end Youth Sport Organizations. The Parks Department enhanced the appearance of Beecher Community Park with improvements to the playground area.Additions Included a walkway around the play area,a service walk,landscaping,and permanent picnic tables and concrete slab. Bristol Station Park Near the Burlington Northern Santa Fe Railroad,this train lhemed park let children be the conductors]The playground consists of a'water tower plays(ruclure,a playground with a climbing wall,several slides,and wheelchair access onto a 3'(three foot)high deck.A challenge course provides an opportunity to lest strength and agility.The tot area consists of two tot swings and a ptayslnuture with a train engine,two cars,and a caboose!A large shelter and entrance arch add to the overall(rein theme.Anew amenity for Yorkville,a BMX [rack Is installed at this park site.A ballfield,walking trail,and native landscaping are also included as part of the design. http;//www.yorkville.il.us/depts_parks_fac.php 6/21/2010 Yorkville, Illinois - Parks and Recreation Facilities Page 2 of 5 Cannonball Ridge Park To keep with the name of the Cannonball Estates subdivision,this park has a Civil War theme.The park is complete with a Civil War style fence,stone walls,and prairie grass.The park has a triple basketball court,two Play structures,and a grind box and rail for the area skateboarders. Cobb Park Cobb Park,located on Colonial Parkway,was built on July 26th through the help of volunteers at Yorkville's Second Annual Community Build.The park now has an age 2.5 playstruclure with a rock wall end roofs, climbing net,age 5.12 playstruclure with new swings,a sky runner and a picnic area,After the equipment was assembled,concrete footings were poured and the park was complete!New landscaping adds a finished look to the park. Thank you to our volunteers and the generous dontations from area businesses!We appreciate your time to help us construct this park In just one day.We couldn't have done it without you! Crawford Park This park Is located just north of Rice Park across the railroad tracks in the Rivers Edge Subdivision.This park has a short trail right along the river and a beautiful natural passive area to walk around. Emily Sleezar Park This.25 acre park is located in the center pf a new housing development,with growing needs.This park was added in 2002 and Includes a large multi-age playground,picnic tables,benches,landscaping,and half court basketball.The entrance to the park is through a trail system that extends throughout the development allowing for easy access. Fox Hill East and West Fox Hill development has two park sites.One site et the entrance of the housing development has a multi-age playground,basketball court,trail system and open field area that has been utilized for a youth soccer practice field. The second area,which consists of 1 B acres with a combination of active use and open space,has a trail, baseball field,and recently constructed disc goll course.This 12 hole course is set In the natural area near the Rob Roy Creek and provides fun for all ages! Gilbert Perk This park went through a complete renovation in 2005.This neighborhood part is now complete with a Tree Top Ihemed playground. Green's Filling Station Park A seven acre transportation(harried park located in the Autumn Creek development,this playspace can guarantee fun for all ages!The park has two separate playstructures,a mini-skate park,sledding hill,and asphalt path. The shelter Is complete with two gas pumps for the little driver to fill up their lank.The age 5 to 12 playstruclure has overhead climbing events,and children ages 2 to 5 can play on the truck and car playslructures,and several swings are surrounded by an asphalt path striped like a road.Two working stoplights,directional signs, two crosswalks,and a railroad crossing will help kids learn the rules of the road.A parking meter and several parking spols are also included in the design.A mini-skate park helps young skateboarders learn to perfect their skills in an area designed just for them! Hiding Spot Park(formerly Prairie Park) Hiding Spot Park is the oldest neighborhood park in Yorkville,Al appoximately 1.6 acres,this park has Yorkville's music themed playground equipment,shelter,benches,and picnic table,two bocce ball courts and an open play area.The music theme promotes interactive play between children of all abilities.One of the most unique features of[his park is the accessiblflity by wheelchair to a 5'high deck!Several trees are planted al this site as par(of the tree donation program. As Yorkvilla's first community build,on August 181h,2007,over 100 volunteers from the community came out to help build this park.Thank you to all those who donated materials and[heir time.We appreciate it!Click here for a photo of the new park. CONGRATULATIONS!Illinois Park and Recreation Association announced their 2007 winners for the Outstanding Facility&Parks Awards,and Hiding Spot Park was named the Division It winner!Thanks to all those who made this project possible. http://www.yorkvi lle.il.us/depts_parks_fac.php 6/21/2010 Yorkville, Illinois - Parks and Recreation Facilities Page 3 of 5 Jaycee Pond This natural area provides a quiet picnic area with a small pond. Junior Women's Club Park at Heartland Circle 3..2..1 .Bust otfl This space Ihemed park is complete with a 30'high rocket ship where kids can travel into outer limits of space.A silting area and sandbox surround the playground and swings.The shelter,to be built in the spring,will be a'Mission Control'station for the rocketship,A 3 hoop basketball court and mini-skate bowl are also located at this park Final construction pieces will be finished in the spring,but the park is open for your use The skate park elements were constructed with a generous donation from the Yorkville Junior Women's Club Thank you! Klwants Park This park is located in the Country Hills subdivision.The park has a half court basketball hoop complete with the Kiwanis logo.The park includes a shelter,a limber cabin playground and a swing set.For those who enjoy a quiet stroll around the park there is also a walking path. Price Park Price Park is located in a large subdivision on the south end of lown.This three-quarter of an acre park is popular with both Yorkville residents and the surround communities.This park consists of a mufti-age playground,tables,park benches,swings,hag court basketball and a walkway surrounding the park.There is a retention area adjacent to the park that is maintained by the Parks Department,with additional development plans to establish some primitive plantings and natural areas to enhance the ecological and wildlife within this area Purcell Park A small neighborhood park located on a corner east of 47 and Cannonball Trail,this park is targeted for preschoolers.With a small tot lot and swings,this park provides walking access for residents surrounding the park. Raintree Village Park A A dinosaur Ihemed mini park on a one-acre site is located just east of the Rainlree Village subdivision clubhouse.Four lot swings,an age 2-5 playstruclure with a Iiki hut,dinosaurs to climb,and slides await the children!Discover fossil prints in the sidewalk,but more adventurous children can dig in the sandbox to find a large dinosaur fossil!Click here to see a photo from the park party! Rice Park Rice Park is located in the River's Edge Subdivision.This park is a big wheel themed park.The park includes such amenities as an interactive fuel filling station,a working parking meter,and a double sided slop and go light.The park also houses a shelter,funnel ball game,two spring riders and swings, Bicentennial Riverfront Park Bicentennial Riverfront Park was reconstructed through the dedication and expertise of community volunteers, Located at the Fox River on Hydraulic Street,(his park is a favorite of visitors and residents during the summertime months.This park provides fishing access to the Fox River in a beautifully landscaped setting, playground,small picnic shelters and walkway areas.Currently IDNR is working on completing the Whilewater Canoe/Kayak Chute that will allow river travelers to bypass the Glenn Palmer Dam.Yorkville has been working on acquiring grant money to improve the park once the dam is finished by applying far a Boat Access and Development Grant,an EPA 319 Grant,and hopes to seek OSLAD funding to complete the conceptual design. Rlemenschnelder Park Riemenschneider Park,located in the Prairie Meadows development,is a Fire-house themed park on Hayden Road,just south of the Bristol-Kendall Fire Department Station No.2 located on Kennedy Road.A 2007 Open Space Land Acquisition and Development(OSLAD)grant recipient in the amount of$400,000,the 8 acre park includes a baseball field,fire-truck Ihemed tot lot,age 5-12 playstructure,swings,shelter,a perimeter walking path,and multipurpose open space. A special feature for this park,hoses from a water lower spray feature will keep the neighborhood children cool on a hot summer day!Click here to see the spray space. A commemorative courtyard garden at the entrance of the park,generously donated by the Fire Department, acknowledges the hard work and dedication of the volunteer Firemen and women. http://www,yorkvil le.il.us/depts_parks_fac.php 6/21/2010 Yorkville, Illinois - Parks and Recreation Facilities Page 4 of 5 Rivers Edge Park This small park off of Fox Road is not yet developed.The conceptual plan is to have a silting area with landscaping that will provide a serene atmosphere for local residents. Rotary Park This park is located in the Grande Reserve Subdivision.This park is for the adventurer In all of us.It includes a 9011 cable ride,a climbing wall,a skate area complete with two skate boxes,and a concrete start ramp.There is also a walking path and a bike rack. Sunflower Park The country is never too far away at Sunflower Park.This park has a barnyard theme which comes complete with a cow,bam styled shelter,and a farm themed playground.The park also includes a swing set with four bucket swings,four belt swings,two spring riders and much more. Stepping Stones Park This school themed design is next door to the Grande Reserve Elementary School,The playground is 100% wheelchair accessible,and an exciting 18'high climbing net provides extreme adventures.Other amenities include a shelter and walking path that meanders through the naturalized detention basins. Steven G.Bridge Perk Located North on Kennedy at the intersection of Mill St.,the Steven G.Bridge Park contains a three field lighted bailfield complex with a concession stand,Baseball themed play structure and plenty of parking!Also included in this area are naturalized detention basins to provide stormweter detention.Need directions?Click here for a map of the field locations. Town Square Located in the heart of downtown Yorkville,this two-acre park is located adjacent to Route 47 and is highly visible to visitors and residents.This park hosts several seasonal events and rental opportunities with a large 'Gazebo'shelter and well groomed landscaping.This park also Is the prime site for the tree donation program. Town Square is also host to the American Legion Perpetual Flame in recognition to the veterans. Van Emmon Park This local ball field park is the true representation of a hometown feel.With a grass infield,this ballpark Is a picturesque setting for the youth.Future enhancements to this park Include paved parking areas,permanent bleachers,additional landscaping buffers,and minor improvements to ball field layouts. West Hydraulic Park This small natural area provides a serene picnic area right along the Fox River just west of Route 47. Wheaton Woods Park This 5 acre wooded parcel is the perfect spot to lake a picnic lunch and walk the wood chip trail.This park was created though an IDNR Recreational Trails Grant and staff's hard work!Informational boards and benches will be installed this summer. TRAILS Yorkville's trail system exists in several developments including Autumn Creek,Bristol Bay,Fox Hill,Grande Reserve,Heartland,Heartland Circle,Raintree Village,and Windell Ridge.As Yorkville grows,the trails will connect existing and future developments providing a network on alternative transportation routes. See the Community Development Department webpage lot information on the Integrated Transportation Plan (ITP)which focuses on off-road transportation and our downtown design elements. To meet the need for pedeslrain paths,we are working with developers,road-improvement projects,and applying for grants to help fund bail projects.Please feel free to call Laura at 630.553.8574 with questions,or e- mail at Ischraw®yorkville.iLus. http://www.yorkville.il.us/depts_parks—fac.php 6/21/2010 Yorkville, Illinois m Parks and Recreation Facilities page 5 of 5 800 Game Farm Road]Yorkville,IL,60560](630)553.4350 1(630]559.7575 Home I Cdy Government]City Departments I Living in Yorkville]Contact Us http://www.yorkvi lle.il.us/depts_parks_fac.php 6/21/2010 Yorkville Parks & Recreation Department Administration Office - 201 W. Hydraulic St Yorkville, IL 60560 630-553-4357 Park Board Meeting Agenda Parks and Recreation Administration Office 7:00 p.m. March 11, 2010 Call to Order: Roll Call: Chris Rollins, Ken Koch, Debbie Horaz, Kelly Sedgwick, Vickie Coveny, Tom Nelson Introduction of Guests, City Officials and Staff: Interim Director of Parks and Recreation—Bart Olson, Superintendent of Recreation—Sue Swithin, Superintendent of Parks—Scott Sleezer, Park Designer— Laura Schraw, City Council Liaison to Park Board— Diane Teeling,Ward 4 Alderman Public Comment: Presentations: Approval of Minutes: Park Board—February 25, 2010` Bills Review: Bill list` Old Business: New Business: FY 10111 Budget* Riverfront Park—OSLAD Development Grant Reports: Director's Report Recreation Report Parks Report Parks Designer Report Additional Business: Executive Session: 1. For the purchase or lease of real property for the use of the public body. Adjournment: Next meeting: Thursday, March 25, 2010 *Items needing Board approval or recommendation Yorkville Parks & Recreation Department Administration Office 201 W. Hydraulic St Yorkville, IL 60560 6305534357 Park Board Meeting Agenda Parks and Recreation Administration Office 7:00 p.m. March 11, 2010 Call to Order:Chris Rollins called the meeting to order at 7:04 pm Rol Call: Chris Rollins-Yes, Ken Koch-Yes, Debbie Horaz-Yes,and Kelly Sedgwick—Yes introduction of Guests.City Officials and Staff: Superintendent of Recreation—Sue Swithin Superintendent of Parks—Scott Sleezer Park Designer—Laura Schraw Mayor-Valarie Burd Public Comment; None Presentations: None Approval of Minutes: Paris Board—February 25, 2010* Ken Koch noted amendments on the following sections: Under Old Business it should read: Ken Koch noted that he spoke with Bart Olson and Bart and Steven Hanson, Red's representative, were still discussing the agreement so this agenda item would be tabled for another meeting, Under New Business the last sentence should read:She passed various samples around to the Board. Staff was In favor of a laminate product from Fossil. Under New Business fourth paragraph down the following sentence should be added:Laura Schrew felt that she could design the signs without a park name N she had to. Under the budget discussion,second paragraph should read: Ken Koch said that he spoke with Bart Olson and Bart felt that the regular Park&Recreation budget was going real well and that Is was in pretty good shape. The third paragraph under the budget report should read: Ken Koch noted that the REC Center was still In a deficit and that Included the deficit of the previous year Chris Rollins asked for a motion to approve the February 2e, 2010 meeting with the following amendments made. Kelly Sedgwick made the motion to approve the minutes and Ken Koch seconded the motion.The motion was unanimously approved by voice vote. Bills Review: Bill Ust* Chris Rollins asked for a motion to approve the bills list. Ken Koch made the motion and Deb Horaz seconded the motion.The motion was approved by roll call vote:Chris Rollins-Yes, Ken Koch-Yes, Debbie Horaz-Yes, and Kelly Sedgwick—Yes 1 Old Business: Laura Schraw said she wanted to follow up on the question Kelly had about the materials she passed around last week regarding their scratch resistance qualities. She noted that Pannier said their product was not scratch proof however if scratched, they could be filled with wax and buffed out, Schraw reported Fossil said their product was scratch resistant. She said they could test the samples and would follow up with the Board on what she finds after she tries to scratch the samples herself. New Business., FY 10/ f Budget' Ken Koch noted that the REC Center Revenue 2009110 started with a deficit of$77,000.Then in 2010/11. It was improved to a deficit of$61,000. Ken Koch asked why the 2011112 deficit doubled to$128,000. Swithin said the previous deficit from the prior year carried over and In addition to that, the revenue dropped, rent Increased, maintenance fees had to be included and property taxes would double. Mayor Burd said she was still very much In favor of the REC Center. She pointed out despite the deficit; Sue still managed to have the revenue grow. Chris Rollins asked for a motion to approve the budget for FY 10111. Kelly Sedgwick made the motion and Ken Koch seconded the motion.The motion was approved by roll call vote: Chris Rollins-Yes, Ken Koch-Yes, Debbie Horaz-Present,and Kelly Sedgwick--Yes. R"rfnont Park--OSLAD Development Grant Laura Schraw presented the Bicentennial Rivedront Park conceptual site plans to the Board.She noted a request for a$400,000 OSLAD grant would be submitted.Scott Sleezer said they would be front funding so this grant would be moving forward next year. Schraw went over some of the features In the concept plan,one of them being a water park with an interactive water feature and performance area. Schraw said she received estimates for the features they wanted to put In the park,such as shelters and playgrounds,and said this she would get more estimates for the draft budget and would email them to the Board. Chris Rollins asked if the Kayak area will be able to accommodate large crowds or spectators viewing Kayak events. Laura said once they have a better idea of what the need will be, that could be addressed with IDNR. Schraw said the next step would be to go to City Council and the public for their input on the concept plan.Then, the final revised drawing would be brought back In May. Director's Report Parks Report Parks Designer Report Chris Rollins asked that the reports be read at the Board's leisure. Recreation Report Sue Swithin said the REC Center held their first how to loam to kayak class in the pool,She said It was a three day class and it turned out well. Additional Business: Kelly Sedgwlck wanted to bring up advertising at the ball field where his aduh co-ed softball team played. Sedgwick said, in lieu of spending money on jerseys for their team every year with sponsors' names on them, this year they were hoping to get their own shirts and put up a sign from a sponsor on the dugout. He noted this sign would only go up and down during the game. He asked what the Board's opinion was if there were beer advertisements on the sign. 2 United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 S 746 I,� oy Telephone: 630-553-4350 �.0 �� Fax: 630-553-7575 <LE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, March 23, 2010 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Wally Werderich Gary Golinski Marty Munns Rose Ann Spears George Gilson, Jr. Arden Joe Plocher Robyn Sutcliff Diane Teeling Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: 6:00 p.m., April 20, 2010 City Hall Conference Room Economic Development Committee: 6:30 p.m., April 6, 2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., April 15, 2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., April 22, 2010 City Hall Conference Room Presentations: 1. YBSD—SSES Results City Council Meeting Agenda March 23, 2010 Page 2 Public Hearings: 1. Proposed FY 2010-2011 Budget Citizen Comments: Consent Agenda: Plan Commission 1 Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—February 23, 2010 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 408,410.43 (vendors) $ 238,064.19 (payroll period ending 3113110) $ 646,474.62 (total) Reports: Mayor's Report,: 1. CC 2010-29 Ordinance Authorizing an Agreement for the Purchase of Certain Property(Old Jail) 2. CC 2010-30 OSLAD Grant—Riverfront Park Conceptual Design and Preliminary Cost Estimate City Council Report: City Attorney's Re ort: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: City Eneineer's Report: Director of Public Works Report: Chief of Police Report: Director of Parks &Recreation Report: Community Development Director Report: Community Relations Officer: Community & Liaison Report: City Council Meeting Agenda March 23, 2010 Page 3 Committee Reports: Public Works Committee Report: 1. PW 2010-20 Whispering Meadows —Temporary Drainage Easement 2. PW 2010-21 Miscellaneous Guardrail Repairs—Bid Results 3. PW 2010-22 Route 47 Project —Clark Property Resolution & Quitclaim Deed 4. PW 2010-23 Rush Copley—Independent Stormwater Review 5. PW 2010-25 Fox Hill 1 Sunflower Estates SSA Area Maintenance RFP Results Economic Development Committee Resort: 1. CC 2010-28 Ordinance Amending the Code of Ordinances Providing for the Regulation of Signs Public Safell Committee Report: 1. No report. Administration Committee Report: 1. No report. Additional Business: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES UUBLIC WORKS" Committee Departments Liaisons Chairman: Alderman Plocher Public Works Park Board Vice-Chairman: Alderman Gilson Engineering YBSD Committee: Alderman Munns Parks and Recreation Committee: Alderman Teeling ----------------------------------------- -- 4 _CONOM_ DEVEL_OPMEN1'� Committee _ Departments Liaisons Chairman: Alderman Golinski Community Development Plan Commission Vice-Chairman: Alderman Spears Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Werderich Kendall Co. Plan Commission Committee: Alderman Sutcliff City Council Meeting Agenda March 23, 20 j 0 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) �UBLIC SAFETY Committee Departments Liaisons Chairman: Alderman Werderich Police Human Resource Comm. Vice-Chairman: Alderman Munns School District Committee: Alderman Spears Committee: Alderman PIocher �MINISTRATI�N1 Committee Departments Liaisons Chairman: Alderman Sutcliff Finance Library Vice-Chairman: Alderman Teeling Administration Committee: Alderman Gilson Committee: Alderman Golinski likMinuteserth ar ee fin g arthe City council—March 23,3010—an 5 Alotion approved by s roll call vote. Ayes-6 hays-2 Spear;-nay,Plocher-aye,Werderich-eye,Gofinski-aye, Teeling-eye.Gilson-nay,Suteliff-aye,Munns-ayt Mayor Burd stated that she would move ahead by forming a renovation committee. The building needs to be cleaned out and stabilized tires. There are plaits to apply far federal granls.She spoke with the people who were involved with the o1d jail in an effort to keep history alive. She thanked the City Council for their vote of support. She indicated that developer Humid Oliver was still committed to the project and noted that there was county wide support for the building,. OSLAD Grant—Riverfront Paris Conceptual Desltrt and Preliminary Cost Estimate (CC 2010-30) Mayor Burd reported that with the white water park opening in June 2010 and with the inleral from canoe and kayak clubs.more parking is needed at the Riverfront Park. She reported that park planner Laura Schraw has developed a design for the park, Mrs.Schraw reported that there Were two errors in her Marsh 11,2010 memo regarding the Riverfront Park Budget. The public meeting for the project will be held on April R.2010 not April 13m and the budget is S 10.000.00 afr under the eiWs contribution. She explained that the IDNR projet(Includes the canoe chute,the pedestrian bridge,the boat ramp and the concrete walkway. The city would be applying for a grant to be used for correcting the brickwork on the existing shelter,an interactive fountain,a fishing Pier,a trail through the park to the pier,lighting and a park lot. Other improvements planned are the removal of the existing playground,adding a larger canoe access area and adding a permanent memorial for those who have drowned at the dam. The budget for these items is 5400,000,00. )rrtprovcments not included in the grant are the addition or a larger parking lot and road improvements however these were included in the boat access grant previously applied for. Administrator Olson reminded the City Council that they chose this park over the Bristol Bay Park several mcatinga aso for an OSLAD grant application. lie explained that the citv'%contribution In the grant is in-kind;staff time will be used to complete the project. The city also is using land held by CorLands as a land match. He stated that staff is now asking the City Council for input on the design. Mrs.Schraw added that the budget presented is an estimate as staff is currently getting estimates for equipment and supplies. Alderman Werdcrich noted that the city's building at this site is not Integrated In the plan, Adminlsutuor Olson explained that the park Hoard voted on it lease agreement for the building and suggested soliciting canoe businesses to rent it as it could be used for classes or sales, This will be coming to the Administration Committee in the future. Alderman Werderich commented that dta fountain feature is costly and may or may not blend in. He suggested using the finds to integrate something better. He also questioned the removal of the playground;noting that his children love to play there. He suggested that the park be upgraded rather than removed, Administrator Olson explained that the issue with the playground is that it is made of wood and is at the and of its useful life. Mrs.Schrow commented t)wt the fountain is to distract children from the river and that a playground could possibly be a community build in the future. Alderman Werderich commented that the parking lot was at up well but recommended having a backup plan irthe grant is not approved by the City Council or received. He also suggested picnic areas be added to the plant. Alderman Spears clarified if the grant had been applied for and Administrator Olson stated that it had not. She stated that Mrs.Schra►v's memo confined her regarding the city's contribution of 5117.950.00. Administrator Olson explained that this amount would be covered by in-kind fete and donations such as Mrs.Schraw's hours in planning the park. He also Indicated that there are T1F funds available for the railroad easement. The removal of the playground equipment will be done by staff and their hours will be used as a contribution. Alderman Spears asked if the in-kind services wore listed on the grant application and Administrator Olson stated they were. He added that they would be using Corl-end's 90 acres as a match. Alderman Spears asked what the deadline was for the grant application., Administrator Olson stated it coati July I,2010 so shill'is gelling,the"ducks in a row"so when the grant is announce the city Is ready with its application, Alderman Spears asked it the staff had a plan B if the grant is not received, Mr.Olson stated that the backup plant is the boat launch itram and the use ofTIF dollars. Alderman Spears questioned how much was in the TIF fund. Director Mika answered$80,000.00. Mrs.Schraw added that plan B would be to leave the gavel area for parking, Alderman Gilson questioned the dollar amount of the great;indicating that$130,000.00 is not included in the project for the playground and sitting area and the c$J•'s contribution is$117,950.00. He asked irthe 5247,950.00 was for the in-kind contribution. Administrator Olson staled that the in-kind contribution is The Minutes OTAt ReaulstrAleating of the CityCoUncti—Mirch i 2010—jpape 6 the SI 17,950.00. Mrs.Schraw added that the 5130,000.00 for the playground is not included in the grant and is what is estimated for a futures playground. Alderman Gilson asked if the city would get its money back for the application for the railroad easement. Mrs.Schraw explained that an easement is needed from the railroad and there is a cost for the application. Administrator Olson added that the city would not be reimbursed far this;it will be paid as a match to the grant. Administrator Olson explained the grant application including dic city'~match in staff time,application ree and other associated costs, Alderman Gilson indicated that the application fee is not an in-kind smice and asked if this amount had been included in the budget. He was concerned that city was paying 52,950.00 Out if its pocket. Mayor Burd stated that the railroad easement was also needed for the trail crossings. Mrs.Schrew• clarified that the Irail crossing easements were an entirely different matter and this easement was for the road to the cast parking lot which is not grant eligible. Alderman Gilson asked for clarification that the project was costing the city 52.950.00 which it will not gel back. Administrator Olson stated that the city would not get the application fee back but the other part of the match was with in-kind services. Alderman Gilson asked if there were any material costs involved. Administrator Olson clarified that material costs would be taken out of the grant funds. Mrs,Schraw stated that the labor costa were the in-kited match. Aldemren Gilson asked if the city employees were doing the work for fax and Administrator Olson stated they were not;the work would be done during the normal work week so there will be no additional cast. Alderman Sutclill scaled that this was a good plan since the park needed to be spruced up. She Felt the improvements Would kick start the downtown economy.She indicated that she met with the IDNR people who indicated that this was a good project for grant dollars. She suggested that permeab)c pavement be used in the area to reduce stormweter runoff and elated that it would be a shame not to have a playground in the area. Alderman Golinski asked what was included in the original plan for the park which was done five years ago. Mrs.Schraw slated that the original plan had a large shelter,a permanent path through the woods, playground and fountain.ele, Alderman Golinski asked about the IDNR's bridge over the fox Rher and Mrs.Schraw stated that she had not seen the plan for the bridge. Alderman Gilson commented that people have asked the City Council to make cuts and then the city talks about spending money on fees and labor for a project that is not a necessity. Alderman Spears asked if the grant was an 10120 grant and Administrator Olson slated that is was a 50151) grant. The total grant project is Sg110,000.OD however the city is just Asking for 5400,000.110. He reiterated that the city's match was in)and and staffhours. Alderman Spears stated that the in-kind match may be rejected. Mrs.Schraw commented that the application for the road extension would be before the City Council firsC explained that Hydraulic ends before the gravel parking lot. Alderman Gilson asked what the cost was to write the grant. Administrator Olson slated that The grant writer is paid yearly. Mrs.Schraw added that there was no application fee. Proclamation for Earth Hour Mayor Burd read a proclamation for Earth Hour,March 27,201()from 8:30 to 9:30 p.m.(see attached). CITY COLEN—CIL REPORT No report, ATTOMEYIS REPOILT Attorney Orr reported that the Administration Committee asked for direction regarding the ethics act. There was discussion about the tine of$5,000.00 and an ethics commission. She indicated that the mayor could appoint a commission but Kendall County aheady has one that could hear complaints. They could also be heard a(the state level. She explained that the ordinance that was previously adopted includes fine information but not enforcement information. She would like to re-write it to include this and asked the City Council what form of enrorcement they would like;local,county or state. Mayor Hurd asked the City Council for a ronsenm%and noted the ordinance change was mandated by the Staks's Attorney. The consensus was to have local enforcement(tour supported local,one state and one Kendall County). Alderman Spears commented that she supported having the slate oversee things and wanted to keep local people,out arthe pmcrss. She Stated that State's Attorney Eric Weis mast()get o ruling on the matter. UNITED CITY OF YORKVILLE PARKS AND RECREATION DEPARTMENT TOWN MEETING Thursday, April 8, 2010 6:00 PM Yorkville Parks & Recreation Administration Offices 201 W. Hydraulic St. Yorkville, Illinois AGENDA I. Introductions II. Bicentennial Riverfront Park Conceptual Plan III. Public Questions/Comment IV. Concluding Remarks Yorkville Parks & Recreation Department Administration Office - 201 W. Hydraulic St Yorkville, IL 60560 630-553.4357 Park Board Meeting Agenda Parks and Recreation Administration Office 7:00 p.m. April 22, 2010 Call to Order: Roll Call: Chris Rollins, Ken Koch, Debbie Horaz, Kelly Sedgwick,Vickie Coveny, Tom Nelson Introduction of Guests,City Officials and Staff: Interim Director of Parks and Recreation—Bart Olson, Superintendent of Recreation—Sue Swithln, Superintendent of Parks—Scott Sleezer, Park Designer—Laura Schraw,City Council Liaison to Park Board— Diane Teeling,Ward 4 Alderman Public Comment: Presentations: Approval of Minutes: Park Board—March 11, 2010* Special Park Board meeting—April 1, 2010* Special Park Board meeting—April 15, 2010* Bills Review: Bill list* Old Business: FY 10111 Budget* New Business: Riverfront Park Open House-Discussion Feb 2010 and March 2010 budget report Park Rental Fee Waiver Request—Chamber of Commerce Reports: Director's Report Recreation Report Parks Report Parks Designer Report Additional Business: Executive Session: 1. For the purchase or lease of real property for the use of the public body. Adjournment: Next meeting: Thursday, May 13,2010 Items needing Board approval or recommendation Yorkville parks & Recreation Department AdMinistratlon Office 201 W. Hydraullc St Yorkville, IL 60560 6305534367 Park Board Meeting Agenda Parks and Recreation Adminlstralon Office 7.00 p.m. March 11, 2010 Call to Order.Chris Rollins caked the meeting to order at 7:04 pm Roll Qdl:Chris Rolins-Yes, Ken Koch-Yes, Debbie Homz-Yes,and Kelly Sodgwlck--Yes Intnoduction of Guests.C€tv Officlats and Staff: Superintendent of€ ecreation—Sue Swilhin Superintendent of Parks—Scott Sleezer Park Designer—Laura Schrow Meyor-Vaiarle Surd eubilc ComMMt; None Pre"ntadons• None Agora-"I of Minutes: Park Board—February 26,2010• Ken Koch noted amendments on the follow€ng sedions: Under Old Business It should read:Ken Koch noted that he spoke with Bart Olson and Bart and Steven Manson, Red's representative, were still disatssing the agreement so this agenda Item would be tabled for another meeting. Under Now Business the last sentence should read.She passed various samples around to the Board. Staff was in favor of a laminate product from Fossil. Under New Business fourth paragraph down the following sentence should be added:Laura Schraw felt that she could design the signs without a park name If she had to. Under the budget discussion,second paragraph should read:Ken Koch said that he spoke with Bert 0(eon and Bart felt mat the regular Park 8 Recreation budget was going real well and that Is was In pretty good shape. The third paragraph under the budget report should read: Ken Koch noted that the REC Center was Rini In it deficit and that Induded the deficit of the previous year Chris Rollins asked for a motion to approve the February 2e,2010 meeting with the following amendments made.Kelly Sedgwick made the motion to approve the minutes and Ken Koch seconded the motion.The motion was unanimously approved by voice vote. Bulls Review: Bruise* Chris Rollins asked for a motion to approve the bile list.Ken Koch made the motion and Deb Horaz seconded the motion.The motion was approved by roll call vote.Chris Rollins-Yes, Ken Koch-Yes, Debbie Horaz-Yes,and Kelly Sedgwick—Yes 1 Old Business: Laura Schrew said she wanted to follow up on the question Kelly had about the matorlBls she passed around last week regarding their scratch resistance qualities.She noted that PanNer said Ihelr produce was not scratch proof however If scratched,they could be tilled with wax and buffed out.5duaw reported Fossil said their product was scratch resistant.She said they could test the samples end would follow up with the Board on what she finds after shetrles to scratch the samples herself. view Business: FY 10/118udgeN Ken Koch rested that the iiEC Center Revenue 20oW10 started with a deficit of$77,000.Then In 2010111, It was improved to a deW of$61,000.Ken Koch asked why the 20111112 d8fkA, doubled to$128,000. Swllhin said the previous deficit from the prior year carried over and in addition to that the revenue dropped,rent Increased, maintenance fees had to be Induded and property takes would double. Mayor Burd said she was still very much In favor of the REC Center.She Pointed out despite the deficit; Sue still managed to have the revenue grow. Chris Rollins asked for a motion to a ' pprove the budget Far Fl(10111.Kelly 5edgwlck made the motion and Ken Koch seconded the motion.The motion was approved by roll call vote:Chris Rollins-Yes,Ken Koch-Yes, Debbie Horaz-Present, and Kelly Sedgwli*—Yes. Rfvfrftnt Park—OSL ID DeWopment firent Laura Schraw presented the Bloentennial Riverfront Park conceptual site plans to the Board.She noted a request for a$400,000 OSLAD grant would be submitted.Scott Sleeaer said they would be front funding so this grant would be moving forward next year. Schraw went over some of the features In the concept plan,one of them being a Water park with an Interactive water feature and performance area.Schraw sold she received estimates for the features they wanted to put In the park,such as shelters and playgrounds,and said this she would get more estimates for the draft budget and would emall them to the Board, Chris Rollins asked If the Kayak area will be able to aoeammodate large crowds or spectators view ft Kayak events, Laura said once they have a better idea of what the need will be,that could be addressed with IDNR. Schraw sold the next step would be to go to Ctly Council and the public for their input on the concept plan.Then,the final revised drawing would be brought back In May. ReycrW: Diroctoes Report Parks Report ; Perks Designer Report Chris Rollins asked that the reports be read st the Board's leisure. Recr+ don Report' Sue Swithin said the RSC Center held their first how to loam to kayak lass In the pod,She said it was a three day class and It turned oil well. Additional O gs i,_n ia; Kelly Sedgwick wanted to bring up advertising at the beta field where his adult co-ed mftall team played. Sedgwlck said, In Ileu of spending money on Jerseys for their team every year with sponsors'names on them, this year they were moping to get their own shirts and put up a sign from a sponsor on the dugout He noted this sign would only go up and down during the game. He asked what the Hoard's opinion was If there were beer advertisements on the sign, 2 Yorkville Parks & Recreation Department Administration Office - 201 W. Hydraulic St Yorkville, IL 60560 630-553-4357 Park Board Meeting Agenda Parks and Recreation Administration Office 7:00 p.m. May 13, 2010 Call to Order: Roll Call: Chris Rollins, Ken Koch, Debbie Horaz, Kelly Sedgwick, Vickie Coveny, Tom Nelson Introduction of Guests, City Officials and Staff: Interim Director of Parks and Recreation—Bart Olson, Superintendent of Recreation—Sue Swithin, Superintendent of Parks—Scott Sleezer, Park Designer—Laura Schraw, City Council Liaison to Park Board— Diane Teeling,Ward 4 Alderman Public Comment: Presentations: Approval of Minutes: Bills Review: Bill list' Old Business: OSLAD Development Grant—Riverfront Park New Business: Fall 2009 Program Performance Report April 2010 Budget Report—Discussion Whispering Meadows subdivision and Bristol Station Park—parking discussion EPA 319 grant application—Riverfront Park pavers REC Center maintenance tour—selection of date Reports: Director's Report Recreation Report Parks Report Parks Designer Report Additional Business: Executive Session: Adjournment: Next meeting: Thursday, May 27,2010 'Items needing Board approval or recommendation Yorkville Parks & Recreation Department Administration Office- 201 W. Hydraulic St Yorkville, IL 60560 630-553-4357 Park Board Meeting Agenda Parks and Recreation Administration Office 7:00 p.m. May 13, 2010 Call to Order: Chris Rollins called the meeting to order at 7:07 pm Roll Call: Chris Rollins -Yes, Debble Horaz-Yes, Kelly Sedgwick -Yes, Vickie Coveny—Yes Ken Koch (arrived 7:12 pm) and Tom Nelson (arrived at 8:00 pm) Introduction of Guests City Officials and Staff: Interim Director of Parks and Recreation- Bart Olson Superintendent of Recreation —Sue Swilthin (left at 9:15 pm) Superintendent of Parks—Scott Sleezer Park Designer—Laura Schraw(arrived 7:14 pm) City Council Liaison to Park Board —Diane Teeling, Ward 4 Alderman (left at 8:3o pm) Guests: Jon & Dana Windsor (left at 9:15 pm) Carole Leifheit Public Comment: None Presentations: None Approval of Minutes: None Bills Review: Bill list* Chris Rollins called attention to one item on page 4, in the amount of$150,000. He stated it was a repayment of a General Fund loan to City. Rolllns read a memo from Barb stating that a copy of the manual check#206872 was dated 4129110. He noted that it was attached for the Board's review and the repayment transaction had to be completed before the end of the FY 09-10. Chris Rollins asked for a motion to approve the bills list. Kelly Sedgwick made the motion and Vickie Coveny seconded the motion. The motion was approved by Roll Call Vote: Chris Rollins - Yes, Ken Koch—Yes, Debbie Horaz-Yes, Kelly Sedgwick—Yes and Vickie Coveny—Yes Old Business: OSLAD Development Grant—Riverfront Park Laura Schraw presented the revised Riverfront Park Design and Revised Budget for the Boards final comments before they take it to City Council to decide if they will apply for the OSLAD Grant. 1 Schraw said they this week they were trying for an EPA grant to improve the parking lot.This went along with the Boat Access Grant would give them the parking lot but the EPA 319 grant would provide its own storm water retention area with a bioswail in the center, Schraw said. Schraw pointed out in the park's conceptual plan that they took out the water fountain and put in a playground and a sitting area. She showed ideas of some playground equipment that looked more natural and explained how it could be a fun way to incorporate what the riverkont area looked like. Scott Sleezer said that they took into play what the public had to say when they held the town meeting on the park design. Schraw said one of the changes was the fishing pier and they may go with natural scone. She said it would be a concrete structure with limestone on top. She noted that it was more natural looking and would not float away and stop the ice flow in the winter. Schraw said not much else had changed however the picnic structures that were by the playground now would relocate to the wooded area. She said they would restore the woodchip path and restore the natural areas. They would create.a larger access canoe beach area. She said they would extend the gravel area of the road to asphalt and extending their road. She noted they would add a memorial area where the existing playground was and restore the existing shelter. She noted there was some landscape restoration to be done as well. Schraw said that this was a 50150 grant and went over the conceptual design costs. She explained that they were going to match the $400,000 with a land contribution from Corands. Schraw noted what Scott's time and the total City's contribution would be about $67,950. She said those things included application for railroad easement, design and project management fees, brick work and removal of small shelters. Ken Koch felt they should find out soon what the Corlands property would appraise for. He felt it would not appraise for as much as it once did before. Deb Horaz raised a concern about the parking lot not being big enough and expressed concerns if there were to be large events held at the Riverfront Park. Rollins agreed and he said the state had already inquired about how they could use the space for events. He was In favor of keeping flexible green space for large events however keep in mind how they would provide parking for even the local public. He said that they should not over plant or populate the area with hard structures. Rollins said the Sate would follow their own fluctuating standard about dam safety and the only signs they would post would be at the approach to the dam and at the canoe chute. So that meant the interim space, that is a no fishing zone, they would have to incorporate what kind of signage they wanted there. For example the signage could read no standing or no fishing. Rollins noted they could possibly apply for a public safety grant to help get the signs funded. Schraw said that they might be able to include the signage in the boating safety grant Ken Koch questioned who would be enforcing the signage. The state would enforce the waters and they would manage the land side, Rollins said. Whatever language crafted for their signage they should work with the police department to make sure they work with the conservation police on what kind of tickets they could issue. Bart Olson noted the area would be used at peoples own risk. 2 Vickie Coveny questioned the parks playground equipment and sitting area, Sleezer said that it was all conceptual right now and that they did not have to go with the natural looking tree like structure for the playground. They could go with something else but they would all meet the safety guidelines. Schraw said If they got the grant they would bring the conceptual plans back to brainstorm for ideas. Sleezer said they would go through the same process of bringing it back to the Board for ideas and take it back to the public for their input and they would move it forward. Coveny felt $132,000 was a lot of money for a playground. Sleezer said that the liability in the playground equipment is what makes it so expensive. He said that the $132,000 was actually not a lot of money. Schraw noted that this is what the public wanted versus a water fountain because the water fountain would only be running only 3 months out of the year and the playground could be used for about 9 months of the year. Schraw noted that they could change around the conceptual designs and could end up using less money in the playground. They did have the ability to adjust the design and use of the park. Resident, Carole Leifheit felt there should be a fence between the playground and river like there was now. Coveny agreed with Leifheit and agreed that it would provide some safety to children. Sleezer said that they would defiantly look into putting in a fence however it currently was not budgeted for. Chris Rollins asked for a motion for an approval of the proposed design and proposed budget for the grant application. Deb Horaz made the motion and Kelly Sedgwick seconded the motion. The motion was unanimously approved by all Board members but Vickie Coveny. She noted she would like to see the budget numbers reworked. New Business: Fa112009 Program Performance Report Sue Swithin went over her memo of fall programs. She said she was not pleased with the number of cancellations. She said that they were due to the economy and that there were too many classes. She pointed out that 37% cancelled however the profit margin was kept up real well. She said when their revenue went down so did their expenses. Swithin pointed out what programs did the best and which ones made the most profit. She noted that the men's league and soccer did very well. Bart Olson said that after the audit was completed they would see that the revenues under the operating budget would be under what they expected them to be. He said this was the first time they would be doing this and they could budget better next year. Chris Rollins said he would like to see roughly how many people are served by each of these programs. Swithin said that she could easily get the numbers on most of them and an approximate on some of the classes they did not take attendance on. Tom Nelson asked if any of the programs they lost money on. Swithin said that there might be some but they did not make the top ten. She said some programs wash each other;some subsidize some others. 3 x`40 Cl;,. O �, United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 p y Telephone: 630-553-4350 Z� Fax: 630-553-7575 �(E 1Vy AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, June 8, 2010 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD 11 WARD III WARD IV Wally Werderich Gary Golinski Marty Munns Rose Ann Spears George Gilson, Jr. Arden Joe Plocher Robyn Sutcliff Diane Teeling Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meetin;e: 6:00 p.m., June 15, 2010 City Hall Conference Room Economic Development Committee: 6:30 p.m., July 6, 2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., June 17, 2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., June 24, 2010 City Hall Conference Room Presentations: City Council Meeting Agenda ,tune 8, 2010 Page 2 Public Hearings: 1. Pulte Homes, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Autumn Creek Annexation Agreement and Planned Unit Development dated April 12, 2005. The real property consists of approximately 265 acres located immediately north of Route 34, north and south of Kennedy Road, generally east of McHugh Road, and generally west of Bristol Ridge Road, Yorkville, Illinois. 2. Centex Homes, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Annexation Agreement and Planned Unit Development dated April 26, 2005. The real property consists of approximately 633 acres located East of Route 47;north and south of Galena Road; and west and east of Cannonball Trail at Galena Road, Yorkville,Illinois. 3. RI Waterman Properties, Inc., Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Grande Reserve Annexation Agreement and Planned Unit Development dated July 22, 2003. The real property consists of approximately 1037 acres located generally north of Veterans Parkway; generally north and south of BNSF Railroad; and generally south of Galena Road, Yorkville, Illinois. Citizen Comments: Consent Agenda: 1. ADM 2010-21 Monthly Treasurer's Report for March 2010 2. PS 2010-09 Police Reports for April 2010 3. PS 2010-10 Request to Purchase Squad Cars - authorize Police Department to purchase two new Crown Victoria squad cars from Landmark Ford in an amount not to exceed$42,000 and to transfer equipment from old cars and stripe nem,cars in an amount not to exceed$4,000 4, PS 2010-07 Ordinance Amending the Code of Ordinances Providing for the Regulation of Open Burning - authorize Mayor and City Clerk to execute 5. EDC 2010-20 Ordinance Approving a Redevelopment Agreement with Muellner Construction, Inc. - authorize Mayor and City Clerk to execute 6. EDC 2010-21 Ordinance Amending the Code of Ordinances Amending the Definition and Duration of Banners and Providing for a Deposit for Temporary Banner Signs- authorize Mayor and City Clerk to execute 7. EDC 2010-15 Ordinance Approving the Relocation of Specific Signs Impacted by the Widening of Illinois Route 47 - authorize Mayor and City Clerk to execute Plan Commission 1 Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—None City Council Meeting Agenda June 8, 2010 Page 3 Bill payments for approval from the current Bill List (Corrections and Additions). Checks total these amounts: $ 399.24 (vendors FY 09110) $ 291.066.01 (vendors FY 10/11) $ 243,212.07 (payroll period ending 05122/10) $ 534,677.32 (total) Reports: Mayor's Report: 1. CC 2010-50 Proclamation for Annual Play Day 2. CC 2010-51 Appointment to Plan Commission—Jack Jones 3. CC 2010-52 Appointment to Park Board—Chris Rollins 4. CC 2010-53 Resolution of Authorization to Apply for OSLAD Grant for Bicentennial Riverfront Park 5. CC 2010-54 Bristol Bay Park A Shade Structure—Change Order 0-pp rD Kd . City Council Report: rr1 I (lUft-A nC* City Attorney's Report: avOu.l 01�—R (D IaA-1 IL-) 1. CC 2010-49 Ordinance Reapproving a Development Agreement with and Approving a Rezoning to B-2 General Business District for River Oaks Property Development, LLC City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: City Engineer's Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community &Liaison Report: Committee Reports: Public Works Committee Report: 1, PW 201 0-32 Heartland Circle—Final Acceptance 2. CC 2010-55 Heartland Circle—Detour Route City Council Meeting Agenda June 8, 2010 Page 4 Committee Reports (cont'd): Economic Development Committee Report: 1. No report. Public Safety Committee Re ort: 1. No report. Administration Committee Report: 1. ADM 2010-33 Ordinance Amending the Code of Ordinances Establishing Guidelines for Historical Preservation and Establishing a Historic Preservation Commission-- Second Reading 2. ADM 2009-43 Ordinance Amending the Code of Ordinances Providing for Penalties for Violation of the State Officials and Employees Ethics Act Additional Business: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES TPKBLIC WORK Committee _Departments Liaisons Chairman: Alderman Plocher Public Works Park Board Vice-Chairman: Alderman Gilson Engineering YBSD Committee: Alderman Munns Parks and Recreation Committee: Alderman Teeling -ECONOMIC DEVELOPMENII Committee Departments Liaisons Chairman: Alderman Golinski Community Development Plan Commission Vice-Chairman: Alderman Spears Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Werderich Kendall Co. Plan Commission Committee: Alderman Sutcliff UBLIC SAFETY Committee Departments Liaisons Chairman: Alderman Werderich Police Human Resource Comm. Vice-Chairman: Alderman Munns School District Committee: Alderman Spears Committee: Alderman Plocher City Council Meeting Agenda June 8, 2010 Page S COMMITTEES, MEMBERS AND RESPONSIBILITIES (cont'd) 4DMINISTR_ ATION� Committees T Departments �^ Liaisons Chairman: Alderman Sutcliff Finance Library Vice-Chairman: Alderman Teeling Administration Committee: Alderman Gilson Committee: Alderman Golinski Riverfront Park Conceptual Plan Public Meeting ARAI 8, 010 6pm Scott Sleezer, Superintendent of Parks, introduced himself and Laura Schraw, City Park Designer, to the guests in the audience. All guests were asked to introduce themselves. Sleezer discussed the purpose of the town meeting; to talk about the Riverfront park and potential changes to make via a grant application. The IDNR grant would be a$400,000 grant, and the City would match with a land donation. The money does have to be front funded which means we will pay first then seek reimbursement from state. In the park conceptual design, some of the features are going to stay because they were created by a volunteer build. The existing playground will be taken down and replaced because of safety concerns. The playground is a wood structure and needs to be removed. Other items on the plan include a water feature, fishing pier, lighting and electrical features, brick work and bricks around the shelter. The bricks are checked weekly and staff would like to repair/replace them. Another element is to move the small picnic shelters and re-use them in woods down to the east. The plan also includes a shared-use trail of asphalt and a memorial area for all those that have lost their lives in the river in Yorkville. Woodland restoration will involve some tree removal, native species replacement, and a chipped path to create a walking loop. The City has submitted a boat launch grant, and in this design, a canoe access beach is included for those who don't want to get too close to the dam and chute. Port-o-let shelters are included for short-terns plan b/c of high number of users expected. Long-term more permanent public restrooms would be built for 7 day a week use. The fishing pier will be a big feature that will give people ADA access to the river for a rod/reel use, will extend into river and give people direct access. An interactive fountain feature is included to allow children to play in the water without getting into the river. Previous Park Board and City Council meetings discussing this plan brought up a playground instead of a fountain, and that is part of the reason this meeting is held—to gather public input. The City is contributing the following things for this park improvements: appling for railroad easement to create the access road to the parking area (application fee required), re-laying of brick work on pathway throughout park, completely removing the existing fountain, (now a temporary planter due to safety concerns). By removing the playground and fencing, the area can become a civic lawn feature, creating an open feel around the large shelter for a grass area/viewing area for events, such as art shows, small festivals, music or theatre. Also, the civic lawn will have a path completely circling it which will create easy access for pedestrians at Farmer's Markets and other special events. At this time, the estimate of the value of city's in-house contribution is approximately$97,000 (civic lawn, removal of playground, etc.) In this $400,000 project, the grant requests funding for the following items; Brick to fix the stairs, interactive fountain or playground, fishing pier (this item is a must because of certain criteria to get a grant—Yorkville currently lacks a fishing pier and it would rank highly on the application for this location), and lighting and electrical updates. The park development currently ends at the east building. By improving the site, we are adding 40%more onto the park, past the eastern building and will gain additional recreation space.Parking shown is in the previous grant application (Boat Access), behind ComED substation and is not included in our OSLAD grant. In this grant asking for additional parking spaces along eastern building because not sure what use will be in that building and we have to have a few more spots for the public.Also included is the landscape restoration, shared-use trail for connection between one side of the park to the other, picnic shelters, memorial area, woodland restoration, and shelters for port-o-let facilities. We are using the land donation from land a developer gave us above and beyond our normal contribution, have 80+ acres, use assessed value, take certain amount of acres and use it as a match, front fund,build, complete and submit for reimbursement,have not had issues with this type of project so far. Canoe chute is scheduled to be done later this spring or summer, will bring people to Yorkville, need to fix park to meet demand. Comments/questions: Comment: 50/50 grant? Not a dollar match,but a land match, it is a condition to apply for it that way—it is a criteria they accept? Scott: The$97,000 dollars is not going to be cash, current employees doing all the work; it's what we think the value of the city's contribution to the work,good handle on consultant fees and how much it costs to complete such a project. Comment: Canoe access is near the Freeman's. This canoe access existed there before dam project, would it compete with the business?Would the building be rented out to a business for canoe/kayaks? Scott: Yes it could,but is up to park board and city council to determine use. Comment: When will building lease come forward? Scott: We have talked about it at park board, future use for Park and Recreation or concessions or lease. Not yet been determined which way it is going to go. Comment: I have received 2 phone calls from people from opposing the interactive fountain. Scott: The fountain is at grade, used for kids to play in, at grade feature, kids and adults can interact, stone and brick work would be the design materials, no shower head and spraying nozzle. Comment: I personally feel playground can be utilized all year, fountain is limited to the weather and cannot use all year, have water right there, don't have to have more water to play with. Comment: Is there a need to replace playground equipment? Scott: I have 4 certified inspectors on staff, that have gone through an intense program that teaches them about head entrapment, crush/shear points, etc. With wood structures, degradation happens fast, a playground starts going in 12-13 years, especially if it has been in mulch that long. Our inspectors check every nut and bolt on the playground, and that playground consistently has issues, loose bolts, lots of maintenance, wood gives, when its tightened, it creates other issues. Comment: Can any part of the playground be donated? Have to be careful with donation of structures, and with wood we cannot donate it. The swings we can keep or re-use, slides (plastic) can re-use,however, playground manufacturers are constantly updating, and saving the equipment can create more safety issues, can donate, but have to have sign-off on the equipment. Comment: How many wood structures are in Yorkville? Scott: l Comment: Has there been rotting? Scott: Yes, posts have been eaten away. The park was designed by a committee, and the wood fits to nature more, the wood fit for the time the park was built. Steel lasts so much longer, you can get longer life out of the equipment. Comment: How many people, how long for people to do it? (Staff to remove equipment). Scott: Will get numbers (this is answering an alderman). Removal does take auite a few people, quite a bit of time. Comment: Railroad application fee: thousand dollars out of what budget? Scott: Bart (City Administrator) had said tiff funds could be used,just one application of $2,950.00. Comment: What is the cost of maintenance and repair for interactive fountain? Are they heavy costs, something to consider? Mayor: Not Scott's opinion on costs if they are too heavy. Comment: Just asking about giving an opinion. Mayor: Staff is not making the decision, thought you asked if that was a good thing, asked his opinion. Comment: When you're re-doing a park, have to look at initial cost and future cost: #1 playground versus interactive water fountain, playground some maintenance, fountain lots more maintenance, #2, fountain is limited time on use of park itself, people will only come to use when park is nice, people will stay longer with a playground. Scott: That's why we're here, and it sounds like more people are in favor of the playground as well, city council too. Even playgrounds have maintenance, we have to check every playground every week, with fountain, slip, fall,bust, risks with-both, people and water are bad combination. Comment: If the fishing pier should be removable, canliever from bank over, no piers into the river. I have seen what the ice can do, needs to be 8-9' off of the surface of the water, ice will take it out. Comment: What are the hours of the park? Scott: Same as now, they close at dusk. Comment: Boat ramp included? Scott: Yes. Comment: In reference to the canoe access, what about people who have overnight trips? Can you ticket cars park overnight? Will you consider the lot location they can park in? Hydraulic and 47? What to do with canoe trips and people who want to take long trips? Scott: That will have to be discussed with Council. Comment: In Kane County they do have overnighters and worked out agreement with local business and they would pay the business (per city ordinance) and would allow vehicles parked in their area and they get paid for it. Comment: Opens business owners to liability. Comment: What about allowing them to park on city park property? Allow it at the lot at Hydraulic and 47 becuase we have insurance? Public parking lot there, and there is no liability with vandalism. Comment: Right now, if in park now, have to be gone at I Opm? Maybe, would have to consider what lot and times? Comment: Who regulates fishing? Scott: DNR checks fishing Comment: Is there an added liability of cost for insurance for 8'-9' pier? Have removable pier that would pull back for ice? Scott: Most likely we would have something land based and removable portion for winter, no extra insurance. Comment: You could have a deck that cantilievers. Comment: If you built a point off of the concrete, can you stay on the path and roll onto the fishing pier? Scott: Yes, it will be an ADA fishing access. Comment: IDNR said they didn't want fishermen on the west side of the island? Comment: The reason for fishing on the west side, the dam turns over water and quality of fishing is better. Comment: No fishing will be allowed in the chute b/c of danger, Comment: How are you estimating the $97,000? Scott: Using state's costs =# of hours, x wages. Comment: Is the current pavilion remaining? Scott: Yes,just want to make it more functional. Fundraisers, special events, etc. We will charge park rental fees. Comment: What tears up the bricks? Skateboarders ruin it? Scott: Just wear and tear and the water getting between the bricks. Comment: Can someone give tickets? Comment: Wondering about fronting the money, considering the condition of the state, wondering about the condition of the state? Scott: Fairly secure program. The program is planned to go from start to finish in 2 years. Scott: Once kayak chute is done, people will come whether the park is ready for this or not, want to be ready for groups coming, we get phone calls and e-mails constantly, could be backlash. If all does go forward, will work in segments, we don't want to close the park, wouldn't want to close the park entirely, fence off area and work in phases. We won't hear about the grant award until March 2011,then we have to work it into the budget, have to do improvements, takes 4-6 months to prepare to bid out any work. Comment: The park has been closed to fishing, and once you start working on the park, are you going to shut off for fishing again? Scott: We will work on it one piece at a time. We act as the general contractor, Laura and I oversee construction, we might focus first on the pier, then the playground, then the trail. Removal of equipment will be by employees, then working on fixing the landscaping, and any additional features. We might even complete a playground volunteer build to help with the dollars, the we can use the money to purchase the equipment. Comment: What will this do to taxes? Scott: My hope that it will draw people, and help the downtown area, with all the people coming down, all the momentum is coming downtown, it could be a benefit. When the first park was built the park drew people to the downtown, and made the park usable for the residents. We hope it will make the business better. Comment: What are your plans for preschool building—is a preschool right now? Scott: Yes, which is another good reason to keep the playground. Comment: I do not want canoe rental at the parks building to take away from the existing canoe business. The competition shows people how good or bad you are,but you do not want a competitor in something you pay taxes for [building], it looks bad. I do not want you to rent to someone who competes with his business and doesn't want to pay taxes to compete with the business. Scott: Our current use agreement is exclusive by park for what you are selling: would not allow more than one hot dog guy, that is part of our policy for vendor licensing. Comment: As of September it wasn't in there. Scott: If you are concerned about business and competition, come to a council meeting to come and speak. Comment: No concerns about competition, competition moving into building that is moving into building that taxes are paying for. Comment: Where is the playground location? Scott: We would like to see volunteer opportunities created out of this. Especially if we can do a volunteer playground build, eagle scout project put in chipped trail, volunteers put in bricks, buy a brick, items like that people were proud "look what we did", a lot of the trees down there were planted in memory of others. Comment: Interactive fountain is an attractive nuisance, and I'm not really in favor of playground either. River is right there, don't need more water. Comment: What is the playground surfacing? Scott: We use mulch surfacing for our playgrounds, we would love rubberized, but costs so much more, and stays soft for so much longer, but right now we can't afford it. Minutes prepared by: Laura Schraw. M 0 0. 6. = 0 ° ^teroo • •; z '�, b .•w ,O V"� y �.,p rye k+4.c ,'}' �,.. 0 y� �U tip ,�1 �r a� 7 Y•' .. fu 44 - .ca co ra In a ; I 'a . , . ji o .w o 78 CL a. � GO.p Ucu> A •.Mti w V t ' r' p.�.M C •;--. a .>4. g+!*8�.1 �F,. q �i3•b�,b �j 04> rt 04.E t7 Q•.W,ax ,Qy 4 b CL co in oc luo • � p � �. •C �+ �d � Vim '" �� ,4 ,_ '•� ��.• ° b �'O.� y. ids O� �, 4. .. i o VRp 'C u N O � C Iv •' �' .L V �� U.""•y C• ~}^J� 70. � �, �• � 0...i c•a �_ a •, Js.� _1 5,. F- 4k O G� oo N�.V LL W) - QV r0 �Qyr `� CO i AP L WhF., q Ad Story By Kathy Andraw5 hirmbers of the Cldcago°Whitrwa• � e P aE s Adele i f �r cindan and the r�elis .r MW ftdcLUng Council tester the bypass hen faced vAth the acrd Al to rove�uE�J3t safitg cbm=cl to anigarr it meeTs the 5e al a 1960,r-era dam tan prolva'S public safety critexilL J tht Fox River at % Yterkvillc,tht SLaic of up.strearn,thr ladder create a series of Win06 ggMed to modif�thr Gk-n 1). cha-mbcm Whcrc fish t-r1 rcpt as titcy Fah!ncr(York 110 dam co pmdde a move upstrtam, p r UMi to a ROVICT MUM L`Uted wa.t#k stlr~r, fish-frie:nrlly Iirutture tbal PVY- 111C second 11haw of'cimtruu&n k. the Inez triented padriler or handy in vides the p5ddling communky with a whai has padifltt m exdLcd. nod,'cxplained Larea Wobig, pfofes° uniquc rLt-malmial uplxsrwnity- Owned by the vuc and operated s ta.l t?rtginecr with tht I1rp;rYtrttcrts of mWi4-ft the dam wa,!�cAimplcted and rttaarwiacd by ihe,City of YorkviiIr to zian] Rtsoumca,OIbte of Waist iri direr Fir t,Lite trt adicrous it a one-of-a-kind i,i r tr fr krp ,dU;1J Rcw�wves Ord tmFiager of the Yi)rkvilir hydraWir•''rtirllcrs` downjtrt Am of zhe hypam Ozr nrl—SW fret 11btive lad IUM project.'Thom with the sWUs to dam overt addr�-Pxd by the comstruc• bcluw thr&m.- deii-&ncd to pruvitfr nav tc Ihraugh Vratc 6cilIV placers tires+tf fuLff concrete steps, cancep Lull- both incWherliced and Ww2nced feazurr bouldrrs u7 the hypiz will bv ly dCSi tcri at tote I n t+tt itv Of Illhtctls, k2yakem and cwoeosts with an lntt st- ;ibk-tro nunruxet their way to a clz°al. .twit extend rile old spillway approxi• irti�+aratcr��grl+�°�u�. � lrrHdy of f►ul� Icnge run,wMch Includes Two more ttsa#tly 2�,fact iflW a 225-Wl-long bed IIc wstrr, there is no chargr for use at chlUrngft whilewmer fcatums,one of rip-rap. To faucilitaty the movement the rtcw b+,ttam Ixs LWX focilit�w-tin ibe alxwr and orx klow the Wit.' of fish up rivet,a lend lisft larlder ums Fox River, Although same of zhc ponds ate fairly fnsrrtlled, A 3.f;xit wide catncfele chair• -Upmi t ilcr.ng!hc h.vfsass channel, rtel With XkMintrra plato a*cd the rrttJmcnium of the river's E take Decembe=r 2010 GMdb&rillioub 113 t ti. I}I � t dccp, thcy h2vc hcrn tlrsilgned with thr Tvm of shrre phnscs of construcda.el . safe tyof the no;icr paddler inmind. of the nwdified Glen D. Palmer Dam Poais along the center part of the xt Ynri Vie are compk 4e. : course provide a placc for cap54zcd , paddlers to recover, and riot be pushed downstream.' hj5 design Fcaturc also .ssmrmeat and appreciates taut the Anothcr urdyue project feature is hencMits fish utilizing the channel, clrsigners involved the Ulnas paddling the application of plaated rid,-r p. allowing them the opportunity to rest community while the bypass was 'We strNcd to achieve a niturai on their upstream migration. under construction. channel appe=acc,"Wobig.said. Bounded,grouted boulders line the "The Department of Natural -Using a comh&zdon of soil,k-rUza channel bed and the am above the nor Resources and the Yorkville city fathers and deep-rooted,nativr pmts not anb- tndpooi level where wave action arc to be commended for remefttiug a helps stabilize the rip-rap,but also pro- occurs.Many bounder clusters line the hazardous dam and developing this U a vides a natural-looping setting whether channel,positioned to block areas or premier paddling opportunity f"Iii#- viewed from the water or land create j.L i3ow hatut+e,egmcWly along nols,'5prme said."We hope that our According to Tom Lindblade,Illloob the chaileage:route.Members of the I& input b a$helped make the bypass Paddling Council,the paddling commu- cols MOM coundl assbwd with the reach as good,and as safe,as it can be." airy is excited about the ihedMty at implemtao titsn of the channel—and, Not teady to take a tun=the chan- Yorkville. more ftepottari ft testing its safety.Sev- nell A pedestrian bridge is slated to be "We believe that the YoAkvMe dam real mcatbets wanted the dry chamnd placed aura the bypass channel in MI momcad=will forever ehange pad bed,ideutifying foot entrapment haz• as pat of the third and final phase of the dung in lilinols,and that is will make ands,crevices between bouidens where project.'Ilia bddp will allow for a birds- Yotkrille the most important paddling a foot could get saidr,and ahatp or eye vices of the action or a$Frog on the de$t1n2dOn in the State:,"Ilndblade ragged boulder edges that could pose a island crated by the bypass cbanned, remarked."We hope that this will problem'Ilese same experienced waterspatts emthuslzsts hetped conduct bypass testing by running the channel to ensuct that it met public safety Crite- ria esuhWhe d for the project. - Er*Sprenne,Advocacy Chairman F for the Chicago Whitewatear Associa- tion,collaborated with the Illinois Pad- [ dung Council on the bypass testing and _ Modificn ion of the clam's spillway _ _ •, ''�' involved construction of four caonct+ete steps to eliminate the tmacherous downslream'Ironer@!' �,- ' � ��• 14 / OahboMneb December 2010 USGS scientists me mired flaws sad vdodth*daring the testlag phase otthe..new bass chumet. rounding areas looking for places to stay and eai.," Bumf remarked."As a city we arc going to welcome them with open arms and hope they come tract. Yodmk Is looking forward to bt;conna Inga recreational destination." Designed and constructed with marry'unique chutes,pools,eddies, drops and sills not often found In tht: Midwest,the Glen D.Palmer Dam 2amct paddtcrs f in ihtoughout the bypass channel ismiadog onty one Wbile cite bypass channel is mid cst,but holds intcrc a for area shin$—yo11. dcdgAod to be pccoMbltt by paddling in5in cton as a unique.yron paddiets of all experience leveb, whitcwater paddling carries with It round z�ael3iesg environment for a ttttrn- lnharent duMCa and people are ber of paddling dubs.Upgrades to a More Ain to come regninde4 to use good Judgment in city park adjacent to the channel rite was expociencirug the Yorkville site. under way,and wlII provide additional aPplie airie aced a n el gapes and observation arms applied to the channel slopes fof- p lowing constnw an,arrd next growing Yorkville mayor Valerie Burd feels srasoo vWtom dwulrLl crquy a diverse become the model for sknIWncc ties dW the water park is going to be a and coion l ndoum of grasses,sedges, wbere other opportunities eddat,such peat addition to the city's rivedmt, bulrushes and forts,including New In the cities Of Aurora,Montt m and will have a tremendous economic England aster,joe pye weed,l>mxz $a �' omfiawer and glue flag W. and RoWord." impact on the community. 11W city of Ycat Vafe owns Fmpem Spv=c says that conswxtion of "We already have received inquiries an both sides of the rive;-Develop- this paddling Venue:has created a sense fiom swaal recreational canoe and nitdt of me pmperty adjacent to the of excitement in them regional and dubs from sir by-pass channel is Far'from complete. $� pa��B kayak � Plans are uitdrr'way Ire revtrap and fur- communitr."It's a pretty sure bet that ther develop the park pmpmy thrrc, Yorkville will be sedD9 lots of ems including ccrnmuedon of a wAwursal. checking out thLq new opportunky.4 The Glen D.IPalmer Dam byposs permeable paves puldng lot,boat liu=h and flihhtg/owoe ri' m and The bypass is expected to not only eta el °' 'wag replacement of tttc r,dsting Phygraund arc boating opporitunmes cqx{pumt and shelm. for both novice and espetrleneed The 154cm path on Ow nmrrh side of the tivt Vill be utaintaided as padmen dMe. woodimd op m Rnm,with virtu 4 erected almig the wWK%Fa preting the natwal features present ti h xf: l ti ti c��3�I1 y/. vIf LU Lu Al - AS w �� '• ,: Nit*-AOL ,mom :. ul w ..9.e ... _ .. spa,}" rMka 1«• w*K..s ... y'U.��'`S�v. f. may' � �� /._� ,4M 4!J � �j�}� �M• 1 .:V f+�'!� !yam � F -a�'` •� - i/ry� "" f s �� t Yi �.*RF ,� a f• 1"_ •' i � *Mp• �1. i� Y FWD'. �'f^. '�� ay• :9 (',y�1 L iq 5E w �q ir`.R• CC77 '@k 7ti iLQ 'Ci q -- .� y *'i eA UE �.�,i�:.LLaf•'.S��■r-' n S ��Ri!'�C !+!1� ��-!�+�iar+��rr--+ k•" ',fl-. _ ` {}j�!]�� •�y� .�2• ''R !/may! Ja ^' '� .jay,` q .L ";` y s r,..'i LE vg cpl� lAq go 2 RECORD o�C161 pa*,M, Utilre, - � -j, caga forum looki, from page one group shelrtrs and a' -e is lawn" in..' brere probably stVUftg in 11 ;'' he By T4Tty. Ctxt placed ftPxiwmg l-' '-8 wrrd. Sr,braw said many of those amenities Sleezer said icily would -need .to � �:lri�ago ttrarr ,was cited for will h to•lie pot in cw�i°:r'time, or via keep visitors�Q gar parking�other trespassing at ttre :.Yorkvihe 'Public dotrat oats, unless the city mCives grant infornitation. L4br4-y .recently:. After he was, found tnon , yr`example, the .parking lot "It will b-G our ,jobs to get that viewmg porntegMP4,Y of .AO library's v�atn6d .have Op be 'gam;• ind ra aew irtforsnatiQn.autthore,".he.said. eo uterr: , p1jivg-r-mind would be, built flurther east' Lihdblidc' said that certain avents rLib� Direccoi Micbelle lflster'told late this yeai or buly roc year. 'relatid to the chute would yield a•lot of the,,Librar f $64rd• k ey ing that tR ¢� a trail back ihto,the tra,�'iar 'man refoied,ta;get t t}re Computer w�nc ls, $y La sand `t'ktex-is a small: "Forsome ev" you're going to have aftef it was A'iScoyered he was,vievvjrtg woo"O Krad that leads to an existing lots and lots of cars,"he said. inappropriate materials. waftDe pQxtabe area,b that a looped trail Sleezer said if the,tr#flc• • ��v�, ."He wanted to prw out�pa„ could itr using' int house labor. they could: look into shuttle buses to bef©f,o he left ' Pfister said. lfowever, site said tN..city could be transport visitors. Pfister"amid tkie main..had .4 Qioago reimbursed for labor . costs via an I hope that's our biggest problem. I aOSLAD grant, so may, might-have to a have so _ wait retail they see if-t g0a.grant arking's The current play&reel d. is made gbh �►ve could wood anal was install.W 14 years age. �? it needs to be reersv+reti, ��xcttaw ks' g mt the : , especially with Mort people visiting tote g but' .V r, said he would park with the whita w•atcr irihate. 1 I ao AWnS •allow #i- the #1s ter "It r#efi>aitcly • nitc rep a Ho std �� pro otbar= pg .� ,• � l+rrprity trtatt tfcly crpnQtar toad RCS n b bimkOf atteriv�t nd : a "lr°s not gocr!d-sp;ape, g*pecially .#* t Oflbev k� foot;nr s,"What°s wit$t h �ns with woad ' t Ct ' ap fir. 3i � � .re,CarWy �•,�. .� • struetrires. it's ' At}7t�1 compliant spgrke to p JIM bu-t�td ie6tdent who arryntr .°' t d Yorvllt l ra sarc vii�vae Sint SteDZCr,this ciq!s s rita tt tn3 0 ]he A RRait3 an n nftW a tea uat�'44 e. �xt1: of parks, said t . Sftff and. t M-m tt F t LVVa*W�'oxltvil3e city library clue# (tray at iss mee is next prbkcl n+�Ew1d frrofar VM" tn=s � '� . ''"' 460t."Pe $Cemfr; me-nvs. of tb; pk.,vatind- a tl;at kalion. rmif said The Ixtzrd tj .y Voted ,Iaa.- 10 ?hat the anew 04DO�WW +mind be L d lot~ ar: ,. i i xrt 011 ka fexor 13f clrun irg : catrt- •«xy fee in.a c450"t arcs of&e palls, t tl ,,t it trtttil Anc ffar ,day of frtM%tr Aid$t #TM1141 ke tg`.a fl;;�hand ,' o artually WADA to 41AZa IN sbitirer I ! �#rtrta N)TWO t l4DX P.jVof. ti]tti p{a° stt'v isra: l r 114YOd 'rTlr MIMT# tseltier,,, he said.. We 161%>s ti rs l`t ,f dtie ' :,rC ar. th;�se who isrt+ ;_ ..° . ',?•rarb )ollunu)ri publie fe}r, that havit3 grime ^t{rtace -wrd kayokAS know aboin The w(r rrrt� adla etrt to the large m1tCr k Uehittx ,� ',r Chula,. faro that others gill 11 w�� . rr" the world be a NtOjC Morn vttlrra'ble than ar "gw but it as tw•ell- mac u �e,'s ctn;., p4,,aI' of=tip having a piay.gmund.Sb the tlttnt t is, if a pfddliD €�Qtt�rnUni1V knOWS,. I as sticd Valbe on a hunre toctr ' we do mplace [he 1 routed.,. e watts I",-' he WOW comm;n ty d[»s,.. card fee Nx shosr:wbca l vas W of rtlttt t�uflknc ,." , i�,ey.t M ails a e�te!r. ell ty wsc t4 1frC2S t2r 3 4 +'�aEF k� tktC C3R;rr t lintels anti W0 t i av , M, 11M Sltczsr zeal 41stt s 4V,"4P a As i�� -' I+ Sda K lid ,��tat s�� . exr :tiwar�k �, Al sls�ltn#t9 awing tie edgy o�: the Woods L�� $�.. ,kI y' ATY Its m tag hood might ht�tt.to torOle ctutPgi g aysrtzts { ore. ' ,u sy ; restrcemt:,and pm-110y took area &r food vetg€llt�rs� . '�, 5 a � . • _n Parkbig 'a premium C I y H a ijL 1 i AL st ri d 10 whitewater chute ok, .Sleezer said ile is mlretrdy exptt`ting dosed , a t4 a g"alike be u p aileron.°' �, ti , ' e ecpt a faiPj}+ gtcartt 9rttuurrt The L'rtiteo Ci>y of -.� '#�'St tf ptpplc r tlttg dcswnr Itcre ctn a re + f o f:cc-s_a a F I?�is n}u•r'an 'the good month-s, slant t 'S tiosed on 1,104 day, p, ° r*j just the Lhree hot molt M; l lbtm c 1 fbje,-Vatlo a of Press we'll going to leave ppte srrwisig up' p !pgJr s�ytili xesrn :J ,s ,. •�^y' ,� , lI�r,p+mw W {} AQ�ili°. _ .�/," Clfa yF� ;f� .��•L[ �B�Iys, Riverf ront Park Town Meeting 2.10.11, 6pm Introductions Design background Update drawing for public display.Any elements to add? Park Board comments, City Council comments Existing drawing—green space next to existing shelter, move closer to eastern building, pg needs to come out Kayak chute is in, behind eastern building parking on site behind building, additional parking near western building Shelters along edge of woods Concrete pads for vendors—hot dog cart, ice cream wagon Major trail improvements,wood chipped trail in woods, bring back native species in woods Enhance shoreline landscaping once IDNR is done with their work Performance area—looking along the pathway, in green space along chute can be used for seating along bypass channel, small band Fishing pier—concrete and looks natural so don't have to remove from water, can handle freeze/thaw and is ADA Canoe beach—people coming in and out of river, larger area Canoecopia— Rudabega Kayak puts on convention in Madison, WI, going up to join Illinois Padding Council, will give short presentation, bring back canoe/kayak vendors B/c of channel—we expect many visitors, have plan, but plan allows us to be ready for addition of parts of plan as money becomes available Questions/Ideas Parking lot—how many spaces? 20-30 but for vehicles with trailers How many down below—closer to 50 Parking will be a premium,do our best to get info out to people who are coming on where parking lots are located Kiosk with map of downtown to include parking lots, restaurants Learning experience for parking—perhaps have to do shuttle like Hometown Days Shower/rise-off facility Signage—portage point, canoe drop off point Signage in river from IDNR? New buoys in River, BKFD will help move them Another access besides stairs to get to parking lot that is on the west side closer to that parking lot? Ramp and stairs but might want another set of stairs near take out point Kiosk—Aurora convention bureau—is that still there? No, it's broken Cross train tracks to connect to ComED trail, use in winter for cross-country skiing? Donations—drawing would help to get people excited and possibly donate Fishing—likely to be no fishing in channel, but from island to dam and upstream, yes Dam safety--how far back do you have to stay? Any limit on number of kayaks or users? Kind of rules of road thing—the little guy gets out of the way if a canoe comes down. If we have an event and a timing mechanism, might be more controlled, but cannot stop someone from coming downriver. Peak weekend day in spring can easily have 50 people—esp. with classes going on,and events with gates. Cannot close the chute b/c cannot close the River. Talked about temporary gates, drop in and pull out for events. Bank fishing locations for website—wonder how many people know? Possibly add to Kiosk.Add to website. Whitewater Trail—Illinois Paddling Council--can create designation for trail and include Montgomery and Oswego. PR on chute? Canoecopia,website, May 14`h festival. Chamber is ready when it gets close. REI— Oakbrook. Lt GTO 401 2. wa r�c, S n 60,541 9.4 8151695-1401 EARL48CcDSBCGL0BAL.NET A-a 81616.96.1400 May 25, 2010 Mr. Bart Olson City Administrator 800 Game Farm Rd. Yorkville, 11. 60560 Dear Mr. Olson, have performed an initial examination of the estimated value for the proposed park site referred to as 'Kennedy Road Park`, in the City of Yorkville. This proposed park now contains approximately 90.32 +1- acres of land according to information supplied to this appraiser. After examining the relevant sales data from land sales in the subject area, it appears that an appraisal would reach a conclusion that the total estimated value of this park site would be approximately $ 1,174,000 or about $ 13,000 per acre (the 29.1 Ac parcel would be about $ 378,000). This value estimate could change depending upon the time the actual appraisal is completed and the potential change in market value conditions. Full narrative appraisals would comply with all applicable standards and be in compliance with USPAP guidelines in place at the time of the full report. The value conclusion reached would be under the assumption that the site would contain the same approximate acreage as of today date and have all public utilities available with the appropriate zoning on the property. Sincerely, Dana',6.- T otr%oso�r David E. Thompson Thompson Appraisals REAL ESTATE QUALIFICATIONS DAVID E. THOMPSON STATE OF ILLINOIS Certified General Real Estate Appraiser# 553.001147 NORTHERN ILLINOIS UNIVERSITY: B.S. 1986 JOLIET JUNIOR COLLEGE: A.A. 1984 COURSES ILLINOIS DEPARTMENT OF REVENUE: 1-A Rural and Residential Workshop 1-B Commercial and Industrial Workshop ILLINOIS PROPERTY ASSESSMENT INSTITUTE: Certified Senior Instructor B-100 Basic Assessment Practice A-200 Cost, Market and Income Approach to Value Farmland Assessment Assessment Administration and Public Relations Reviewing and Analyzing Narrative Appraisal Reports Structured Format Demo Report Writing Seminar Valuation of Shopping Centers INTERNATIONAL ASSOCIATION OF ASSESSING OFFICIALS: Course 2 - Income Approach to Valuation Depreciation Analysis Workshop Course 301 - Mass Appraisal of Residential Property Course 302 - Mass Appraisal of Income Producing Property Course 4 -Assessment Administration SOCIETY OF REAL ESTATE APPRAISERS: Course 101 - introduction to Appraising Real Property Course 102 -Applied Residential Property Valuation Course 440 - Professional Practice OTHER QUALIFICATIONS: Certified Review Appraiser- CRA Certified Illinois Assessing Officer- CIAO International Association of Assessing Officials County Assessment Officers Association of Illinois Illinois Association County Officials Supervisor of Assessments - Kendall County - 1989 - Retired Board of Review- Kendall County - 9 years Instructor at Waubonsee Community College Instructor at Illinois Property Assessment Inst. Partial List of Clients Yorkville National Bank (Old Second) Castle Bank - Yorkville Millbrook-Newark Bank First Midwest Bank - Morris Union Bank - Sandwich, Plano City of Yorkville Sandwich School District Somonauk School District Seneca School District Hinckley-Big Rock School District Village of Mazon Chicagoland Speedway Village of Summit Private Attomey's Expert Witness 13th Judicial Circuit Court - LaSalle County Expert Witness 16th Judicial Circuit Court - Kendall County Expert Witness United States Federal Court - Northern District Illinois Attachment A-9:Appraiser Qualifications Yorkville, United City of Bicentennial Riverfront Park Development CTIP 401 PL.0,w, wio 60541 elm R15/h95-1401 EARL48 SBGGLOBAL.NET e'T- 815/69,5.1400 May 25, 2010 Mr. Bart Olson City Administrator 800 Game Farm Rd. Yorkville, 11. 60560 Dear Mr. Olson, I have performed an initial examination of the estimated value for the proposed park site referred to as 'Kennedy Road Park', in the City of Yorkville. This proposed park now contains approximately 90.32 +1- acres of land according to information supplied to this appraiser. After examining the relevant sales data from land sales in the subject area, it appears that an appraisal would reach a conclusion that the total estimated value of this park site would be approximately $ 1,174,000 or about $ 13,000 per acre (the 29.1 Ac parcel would be about $ 378,000). This value estimate could change depending upon the time the actual appraisal is completed and the potential change in market value conditions. Full narrative appraisals would comply with all applicable standards and be in compliance with USPAP guidelines in place at the time of the full report. The value conclusion reached would be under the assumption that the site would contain the same approximate acreage as of today date and have all public utilities available with the appropriate zoning on the property. Sincerely, David E. Thompson David E. Thompson Thompson Appraisals REAL ESTATE QUALIFICATIONS DAVID E. THOMPSON STATE OF ILLINOIS Certified General Real Estate Appraiser# 553.001147 NORTHERN ILLINOIS UNIVERSITY: B.S. 1986 JOLIET JUNIOR COLLEGE: A.A. 1984 COURSES ILLINOIS DEPARTMENT OF REVENUE: 1-A Rural and Residential Workshop 1-B Commercial and Industrial Workshop ILLINOIS PROPERTY ASSESSMENT INSTITUTE: Certified Senior Instructor B-100 Basic Assessment Practice A-200 Cost, Market and Income Approach to Value Farmland Assessment Assessment Administration and Public Relations Reviewing and Analyzing Narrative Appraisal Reports Structured Format Demo Report Writing Seminar Valuation of Shopping Centers INTERNATIONAL ASSOCIATION OF ASSESSING OFFICIALS: Course 2 - Income Approach to Valuation Depreciation Analysis Workshop Course 301 - Mass Appraisal of Residential Property Course 302 - Mass Appraisal of Income Producing Property Course 4 - Assessment Administration SOCIETY OF REAL ESTATE APPRAISERS: Course 101 - Introduction to Appraising Real Property Course 102 - Applied Residential Property Valuation r lt� Course 440 - Professional Practice OTHER QUALIFICATIONS: Certified Review Appraiser- CRA Certified Illinois Assessing Officer- CIAO International Association of Assessing Officials County Assessment Officers Association of Illinois Illinois Association County Officials Supervisor of Assessments - Kendall County - 1989 - Retired Board of Review- Kendall County - 9 years Instructor at Waubonsee Community College Instructor at Illinois Property Assessment Inst. Partial List of Clients Yorkville National Bank (Old Second) Castle Bank - Yorkville Millbrook-Newark Bank First Midwest Bank - Morris Union Bank - Sandwich, Plano City of Yorkville Sandwich School District Somonauk School District Seneca School District Hinckley-Big Rock School District Village of Mazon Chicagoland Speedway Village of Summit Private Attorney's Expert Witness 13th Judicial Circuit Court - LaSalle County Expert Witness 16th Judicial Circuit Court- Kendall County Expert Witness United States Federal Court - Northern District Illinois January 26. 1996 1996- O DNANCE NO. ItU ORDINA.NCE.REVISXNG UNITED CITY OF THE VILLAGE.OF YORKVILLII LAND CASH ORDINI ANCE THE UIN=D C= OF THE VtLAGE OF YORKVLLLE having studied the current Land-Cash fornyulas as set Earth in its Land Cash Contribution Ordinance passed previously on the 1G . day of 19 fo; and the City Council and the Mayor of the United City of the Village of Yorkville pursbant to joint discussions and investigation of said-formulas by the Kertdrrll-Grundy Regional School Superintenelerst's Office and the City deeming there to have been substantial increase in the cost of acquisition of land and.building of structures to serve the needs.of the School Disrricts rrffecterl, and the City Council and tKe Mayor of the United City of the Village of Yorkville deeming it to be in the best interest of the City and the rrffecterl School Districts and in the best interest of the citizens of the Uttiited City of the Village of Yorkville to provide adequate financing for the acquisitidh f school sites and the construction of schools, dots hereby enact an amendment to the e cisting Land- o d+ Cash Ordinance, of the United City of the Village of Yorkville, passed on the 'r�5�day of as Follows: UPON y10TION DULY IMADE, seconded and approved; the preexisting Land-Cash Ordinance formula is hereby modified as follows and shall apply to 1711 subdii-isions sphere the fN dPlrrt of Subdii,islon is approved by rote of the Cii}v Council, SECTZO`i I DEDZCA NON OF PARK LANDS AND SCHOOL SITES OP PAYNIEiVT N LIEU THEREOF As a condition of approval of a final plat of subdivision or planned unit development, each subdivider or planned unit developer will be required to dedicate land or cash in lieu of actual land or a combination of both in*accordance with the following criteria. A. Criteria for park and Recreation Land Dedication. I. Location A comprehensive Recreation Department plan and/or appropriate standards.adopted by affected Recreation Departments shall be used as a guideline in locating sites all lands so credited shall be above the 100 year design flood levels , rend must meet the retluirenrclits of the Recreation Board Speciftcalry ielentiferl antl approti�erl wetland or natural areas located below the I00yearflood level ntav be credited in w le or in part, subsequent to Recreation Board rEview, and consent by the City Council. Other areas such as Storer f-Vater Control Facilities dray be taken by the Cit' but will not be used to satisfy the requirements herein. ?, Requirement and population Ratio The ultimate population density to be generated by a subdivision or` planned-unit ' development shall bear directly on the amount of land required to be dedicated for park and recreation sites. The acreage of land dedication requirement shall be detennined by obtaining the total population of the development times to acres per 1,000 populations. Total population is .determined by applying the estimated ultimate population per dwelling unit table (Table I) to the number of respective units in the development. For purposes of this requirement each single family home will have four bedrooms Such duplex unit will be calculated as.io% t vo-bedroon"units and 50% three bedroom units Each (o)vnholl:e anel erpartt1ient i`vrll be calculated with t)vo bee1r0o11tS. , 2 Example: Development of300 total populations Total population X the c ui ed c c c d Total acres required for 1,000 populations 3 00 X 10 ac es = acres 1,000 g. Criteria for Requiring School Site Dedication X. Requirement and population Ratio The ultimate number of students to be generated by a subdi,,ision or planned unit development shall bear directly upon the amount of land required to be dedicated for school sites. The land dedication requirement shall be determined by obtaining the ratio of: (a) estimated children to be served in each school c[assification (this number is determined by applying the estimated ultimate population per dwelling unlit table(Table l) to the number of respective urtiis in the development) over the (b)ma, recommended number of students to be served in each such school:classification as stated herein, and then applying such ratio to the (c) said minimum recommended number of acres for a school site of each such classification as stated herein. The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increased children in each such school classification. For this comprrttttion, (tensity calculations skull be the saine as A2 ah0l'e. a ' 2. School Clstssilication and Size of School S1lC School classification and size of school sites within the City shall be determined in accordance with the Following criteria that is consistent with the minimum site recommendations of the Illinois State Board of Education (variances of grade organization and size are subject to local Board oFEducation District policy): estimated children by s oo! clas 'f[c t' x actual acreage by land donation actual school population school classification by school classification Classification by Grades County Average Students County Average Acreage per school classification per school classification Elementary 3:1.50 student : 7.25 acres Middle 429.8s students 15.92 acres 590.0 students 49.30 acres' ' High School • , , (Regional means are calculated to determine current student populations and acreages) (See tables I & 2) Elementary: II 00 L= x 7.25 2.4309 acres- 321.50 "Add preschool to elementary totals. Middle. 00x 190 x . 15.93 = 7016 acres 429.83 _ 4 High School: 100 x .340 x '49.30 = 2.8410 acres 590 Total acreage = 5.9755 C. Criteria for Requiring a Cash Contribution in Lieu of Park and.School Sites 1. When available land.is inappropriate fpr pant, recreational, or school sites, the City shall require a cash contributioa in lieu of the land dedication by the subdivider or unit developer. 2. Collection of Fees a. The cash contribution in lieu of park and recreation land dedication shall be held in trust by the City or other public body designated by the City, for the acquisition of park or recreational land as herein classified, which will be available to serve the inuudiate and future needs of the residents of that subdivision or development, or for the improvement of other existing local park and recreation lands which already serves such needs.- b. The contributions in lieu of school sites shall be paid directly to the School District who will in turn issue a receipt that must be presenter) to the City prior to approval of the final plat. Said funds shall be used for the acquisition of land for a school site to serve the immediate or future needs of children from that's ubdivision or development, or for the improvement to any existing school site or buildings which already serve or will serve such need. The City shall.require a current supporting resolution enacted by the Board of Education Appendix F Herein, and shall require a report of fees collected by the School District on or about January Y of each year. The City reserves t11e right to collect said funds if necessary. 5 C. The total cash contribution to be required shall be determined at the time the final plat is approved, Prior to execution of the final plat by the- appropriate City Officials, the!developer or subdivider shall pay the total re juircd cash contribution as folloiys. a. One third (1/3) of the amount calculated for the entire plat calculated or the unit of land being final platted is to be paid to either the City of Yorkville for Park Cash Contributions or to the School District for School Cash Contributions along with a Letter of Credit to the appropriate a;ency assuring payments as specified from an approved financial institution in the amount equal to twu thirds (2/3) of said entire amount, prior to the final plat being executed by the City. The letter of credit is hereinabove provided shall, expressly pro-6de it may be drawn against by the City or by the School District at any time the developer or subdivider fails to make the payments. b. One third (jr of said amount For the entire final plat shall be paid upon issuance of the!first occupancy parrnit or one year after the final plat is recorded, whichever occurs first. The Letter of Credit will.be reduced to an amount equal to one third (113) of said entire amount sfrer said second pay"rent. c. The final amount due as calculated per the ordinance for the entire final plat shall be paid prior to the acceptance in full or in part of the Public Improvements or two years after the final plat is recorded, whichever occurs First. The Letter of Credit will be returned after said payment. 3. Refund a cash contnbution in lieu of park, recreation, or school If any portion of sites is not expended for the purposes set forth herein within ten (10) years from the date of receipt, it shall be refunded to the lot owner or owners of these lots for which the,contribution was made which owner or owners are determined at the time the date of refund is established. 6 4. Criteria for requiring Land Dedication and a Fee There will be situations.in subdivisions or planned unit developments when a combination of land•dedieation and a contribution in lieu of land are both necessary; these occasions will arise when: a, Only a portion.of the land to be developed is proposed as the location for a park'or school site. That portion of the land within the subdivision falling within the part: or school location shall be dedicated as a site as Stated earlier, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated. b. A major part of the local parr recreation, or schooi site has already been acquired and only a small portion of land is needed From the development to complete the site. The remaining portions shal[ be required by dedication and a cash contribution in lieu thereof shall be required. �. Fair 'Market Value The cash contributions in lieu of land shall be based on the "Fair market value" of the acres of land in the area improved that oterwise would have been dedicated as park,recreation, or school sites. Because of the diversity of[ands within the City, a single determination of"Fair mar#-et•Value" is not possible. The fair market value" for any particular parcel shall be determined by the Supervisor of Assessment office of Kendall County prior to plat approval. This valuation determined by the Supervisor of ,assessments shall be used unless any subdivider, developer, or public body files-a written objection thereto. In the event of any such objection, the subdivider, developer, or public body shall submit an appraisal showing the "Fair market value" of such improved land in the area of development of other evident. Final determination of said "fair market value" per acre of such improved land shall be made by the City Council based on such. information submitted by the subdivider or developer and from other sources as may be submitted to the City Council be affected parties. 7 ]�. Time of Conveyance or payment I. The subdivider or developer shall convey to the respective school district and the City, the lands required under this agreement within thirty(30) days after final subdivision plat or final plat of a planned unit development is recorded-in the-Kendall County Recorder's Office. 2. A subdivider or developer shall make each cash contribution required under this Ordinance. As noterl in CZc above. E. Density The attached table, marked as Table _ o: 1, being the same as Estimated Ultimate Population per Dwelling Unit, is generally indicative of current and short range projected trends in family size for new construction and shall be used in. calculating n l the amount of a required dedication of acres of land or the cash contributions wriaen!objection is filed thereto by the subdivider or developer. In the event a subdivider or developer-files a written objection to the Tab[a of Estimated [!Inmate Population Per Dwelling Unit, attached hereto, he shall submit his ovn demographic study showing the estimated additional population to be generated from the subdivisiori•or planned unit development and in that event final determination of the density formula to be used in such calculations shall be made by the City Council, from upon such demograp hic information submitted by the suodw-ider or developer and other sources which may be submitted to the City Council by the School District or others. It is recognized that population density,'No a e distributions and Incal conditi m ons eat change over the years, and the specific formula for the dedication of[and,nd amendment if of fees in lieu thereof, as stated herein is subject to periodic revs necessary. F. Reservation of Additional Land Where the School District's or Recreation Department's's comprehensive plan or stands of the City Council call for a.1arger amount of park- and recreational land or school sites in a particular subdivision or planned unit development than the developer is required to . dedicate, the land needed beyond the developer's contribution shall be reserved For Subsequent purchases by the City or other public body designated by the City, provided that such acquisition is made within one 'year From the date of approval of the final plat at a costper acre as established in item CS nbore. G. 'Topography and Grading The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purposes. Grading, topsoilirsg, and lancLscuping on sites dedicated for part- and recreational uses will be perfoFmed according to plans and Specifications provided by the Recreation Department. f H. Improved Sites X11 sites shall be dedicated in a condition ready for full service of electrical, water, sewer, sicletivcrl r, lanrLscuping, streetliglcts and streets (including enclosed drainage and cadre and gutter) as applicable to the location of the site, or acceptable provision m t therefore. The sidewalks and trees normally included %4ihin the definition of"Improved" sites may be deferred due to the delay time between dedication of any such hall be site and construction of facilities thereon- In srrch a arse, the real cash pal lie s pai& 9 SE TION II RDINANCE PROVISIONS Lfany provision of this Ordinance or the application thereof to any person or circumstances is declared. invalid by a court of competent jurisdiction, such partial invalidity shall not affect other provisions or applications ofthis Ordinance, which can be given effect without the invalid provision or application thereof, and to this extent the provisions of this Ordinance are declared to be coverable. SECTION ITI EFFECTIVE DATE Ihis Ordinance shall be in full force and effect from the date of its passage as provided by law. a i 10 SECTION IV To the extent any codict.exists between this present Ordinance and the previous Land-Cash Ordinance adopted by the United City of the Village of Yorkville,this Ordinance shall supersede the effects thereof da of N r� 19 �' PASSED Y Y A.P X' ROVED BY me, as Mayor of the United City'of the Village of Yorl.-ville, this da of 19_ °r�d itila_vor ATTEST: tv AlerK 11 . The 1993 yield table is a compilation of date secured from numerous sources throughout the Chicagoland Metropolitan area. Both school districts and municipalities have provided statistical date to update these figures. To those agencies, organizations, municipalities and school districts which have helped and have provided pertinent information, we are most grateful. i 12 . TABLE 1 a o o c� 1 co Cv � ° j cw r C3 m m Q Iti M1 r N N C'J �' r C7 N C+a ch n r � O 0 _ CD I CD Ul C'? Q CT7 G� N •7 Ch G O C7 CD C"f r m r CV r r r N + r GV CV 12 C ° r� a n U')h o r• d 7 I C t r� o CS eh n � � � c :a ev o v, °• - C'4 o - n cv c o 0 Q r. 0 0 0 0 010 0 0 cl C3 c'2 tvt� rl a �{d OICC ', C:s C O �' c plo o d o o J � co rA LI o o cl o pJCD 0 ` . N o ° o 0 0 d coca O 'do � d J N Cl ` -�-I %r t too cn N Ln O p t� CC 97 LJ (� °• . a o 7 o a pct o 0 a u 0 0 0 0 13 1 N U7 D C C N p N A p c cn 0 W O C N cam) p a c o a 0 ° G c G a 4 G L 0 0 _ d °o m o a U L7 'a U m o d m -0 10 0 CL— F C7 Q r — cV � � � m m - ^ v ] .0 a 10 Q Cl C' , N c'7 -V to 13 T,43 L E 2 IPnoulahe3o I I 1 I�{C I Caal City H.S. 1 50.000 600 I `60 i Ci:�LlftGrlJlt.w!li 7•1�00 470 i 184 H � 43.000 1240 I 796 79.Oo4 a 1 300 I 733 I Park nne r1.5. I 24.720 1 600 j 583 ..ark H.5. 1 X3.750 i ySa i 15-I {tic !!3-4 I 617 arc .". �• 19:I7a P! i 13 14 r 1 160 1 1 17.700 Ta1a!! 394.361 1 47?U 49,30i r 550.(0 AY 1 1 • 1 .ICdlr• tiwl 774 I 495 I.Casr Clly rnadlet 7.500 j 12 ��;yX clerrrenCar} 11}.000 i 425 1 2 ! ..:. c :0.000 270 I I93 r!icn 6.500 Aso 430 731 ir_ie Crnl:r j 79.700 1 5 40 1 19.225 I 624 j i railnf;Qrr„Y. N i 2.000 I D 1$ j~vCl T atsl[ 1'77.3451 15.92: rnnntAry I 1 c z~�6 j -�',l" _ien enlarM 10.0:00 i -:2S 1 125 I 65 60 1 ^1 19 [:.1;(IAA 366 j 43 5 1 � 323 . 1acrCield I i 13 10 i '� 1 ' 1 -c r 240 189 I:r�•k!ln i X00 1 569 ! 417 i:ar2(coj 7.000 I 375 I 240 IG-r:Aer:Icm. I 28S 1 107 c`o W_Rmin u^n 2.300 I 141 lie !fcm: 5 300 32 1 631 r 725 rl[+4ota Elem. I 15.000 ' ]ytr, 6r-:ae SI 5.000 I 270 I 199 .0o0 I 120 I to7 S r til:i:rcok ` 248 268 t ;•rni it a 1 1 4205 ' I I P!i 47111 cr t.isccnr 5.310 j 2� t 139 Yorkville Crsde 3.620 i 332 [ 341 241 I ?g4 17 b00 I 10!Q 1 907 I=131 View 56 1 5.13 jeou[a-rHill 12.00( I 1 00 492 ' 9.' 1 6� 1 LON 70Ta.on T:lall 15953 1 32%SO ,lvrrr�G"! 7251 ' 14 Ski pjtn(Fackor ZA mp iv ttwtee bidrourn Wme On '.99Z spt�.ial educ4t'= pre honl Io El ).nt4 nr, factor Ml :.Pt�mlrti total vluc.� -T P 10 ,Lj Studmi far-tori —'Min j: Acre cl.c)1 5650; 0.69A 7 15: �F�-J e�Mn- 429.831 O.CO46" 15.923 26. 0.+714957 0.175 --: 4S.B! 55 r Ff-th' an t Eater bv Conkrrcut"On 13.92 ;,Ull Formula Co n'.r-.-o Lrt o n PF S:562.97 0.6 $1733'.9, 7-2-51 321- tie 0.1 429 S5 i5 5-0-1 qo S131?j a4 HS r poo lTolal St,ident Fac, I llc* Ln _ tt ------- catt ------- .0 7.25' ------ 0Z-6i 5.92i 0 C07 Ig 0.19 1 0 INS C.C5. �P, Skudrnl Fader bg FHY FM *-Coninbution I T Vr (),059756' jtl,x Poo !FMY C a rLL_pf Acres' 1.078; 725'; 32 t $262.11 Elem 4229M" 14�,:,:i �qi Z�, - — 0.19' I S.n: '50! V,2 - 590'- 0.34. 49.3. `F?EIYX B Tclal Student F3ct4r;Single family Detached do""GRGGti ! 1 ! f crc '�—_ Poo `Zc:ar !'tin Arrrg �NX Pno '.iclal Unl Fact 0.29311 7.251 .321.5( 0.006607 E;,manlary i - {1tCdls Scn I 0.0541 15.921 d29.c'81 0.842000 0,0 71 49.31 5901 o.00a7o" "High School 0.013370 f f f 3 BEOP(O r7 ! f I Poo Fsciar iCtin Aer�s IMax Pao (T0 1 dnt Fa Cwle:cr 0.694" 7.25' `71.Si 01015o:.0 cisrnenlary 1 OAO��b i 15.921 riddlpSc X29.88 EC-11 0.129: 1 nn1e9571 ' 1 0.179: a9..3! 540 � t-irlh 4cnn01 1 j 0.0-35 3 1 y ' f , f V G�,JKCCI I ' 1 i:t,.■1 :Iewi -2— 7.251 121.51 0.024'09+ LZ f:i.nentary � x.07 ° o.t S1 15.921 ;29.yt=1 O.co70sc ►�,1e41a Scn 1 49.as 401_ RT-) �Chool 0.059 1 • {� :[�G�f:•'t ! • J 1inr+t `c^.rl :Erg I t'a1-r r•Y r 'r r 1.. '�' -- _. �= 0.011 C=� 1 ' t cmr,'1L'ry 1!• 0.'? •. ,y1 e2-9�38• 0.00S I=° r.;r•�l_ Srt (L1rn SCaCnI I 0.��9 •F 16 .ogLYDIf C T at,l Student F3dor:AlLzched Single Family i GEGRCCr1 i�w =r.» ri.n Ar, 5 �C1ax PnL �T.;tal t`c =a^� r• .^rry 7.251 321.51 0.0r11•A4) rltrnrnlary 1 nA66, 429.88! 0.000667 15.921 0.01181 (11d(lk SCh 49.Jj 5901 0. Q309 Hi h school 0.0J71 ! 0.005202 f BEDarrrl A i i P" IT FA ii✓� =ar:rr Imin a 1n x ry 7.251 3?1.51 0,0006S4 Eitrranl�ry 1 0.0251 ., a I 0.002074 15.92 4L9.,.t?. NWdlz`.c5 ; 0.0561 5 01 nrF rA.�11 0,07,j; 49.x! sign sc,1001 0.008911 L�J1{CC.1 t I an L at"I Cl`.tiT �C�l:^c'•� a� y0. g81 7?5i 321.5i 0.0067201 El�mencar• l 425.�8t O.CCs I 0.085.1 15.92E f[,ddlc S[1 I 49.-1 j"y01 0.GCZ807 0 103i I—�c�,.CCf l I is yk c =nt `a -• Min �c--� K1ttax [-f 5.52 4?9 0,004314 c. 1 0, 1 �SOt 0 l7 i 71-r:l iN[ R[C��ca1 I C ?0c� irq� ' i 1 _ e 17 P.F Z E;1DIX D i oLal 5tudenk Factors: ApartmenL9 l I EF F1CIEICY I ' I flax PaQ iinkal Gkdnl Fart �t.nnr�-P0o Factor ii tin Acrc5 7.'S`. 4.00144 cif-t�L.�;` O.OISI 15.921 AMU! O.OAQ667 rlirldl? S[h 49.E 5901 0.04 Og, Hirin ycngal I 0.0s71 o.Q05?o2 I I 1 i I aE,� rrx1 G; iToul St&A Fa t IPDQ r3C=Gr !tiln �c.^•S imax . C=t_aor+ - 321.5; 0.001443 cicrr:�nt3ry i` 0.06.1i 7 25; Q.018; 4.9.!81 O AOOc 67 c nICCI_ ch aq �, 7 01 n (I -175 1), 0 Sr.nnnl 0 0-1 8: ' i O.CQS�BS 7.25i J? l I 0.202: i 3i 0.00. 4 r ?5 . °81 000068 t 1 i C1Cf1'1EnCarY • :id(l� SC11 1 0.018f o.coi:Go : 0.0(;[ Y.iga Sc, aol I 0.0 i 182- r-.a X 0^,j I ie[zl St^rt�ac'_ Pa cr ir'i� C,!.^er'+ a 7C. -'21.51' O..Onir21 str' r i Al 0.=c5i 15.92! 429.°81 C wC:5S5 j ;Zd � 5c: I O.CSbk SC4t n n 1-7WiS Iti;,[ �S.ai lHign 0 Cc-pni [ l O.C25 112! l • e 18 gyp?ENDtX E nit n,_ir;CL;sre&nt Faces cern"Llilon I I GETACi4GD SINGLE FAMILY I Fi'tV �CC�MI�JT G`ir .OTAL snroE�+s��cTC� 2 BEDRCG s o.0 13:)-71 X 3 BEDRCCrlS i 0.0352731 x I 4 3ECRCu1S i 0.05y75o1 X 5 3EDPO C' i5 ; 0.6422811 ^ I f I � A�i ACYfC.SINGES r;,rIILY I Fhu CCN s rcIBUC[C.� i T6 i AL STUDENT FAC i C Z I 0.00520�3 x + I3EDRCC� L X € � 3 3E:F.CQNS I 0.019A75i X I 4 :EOR�� i G.0-�Azmj .i?a 7Z475 I I r0iAL 5-UDE14T F;Ci•CR 1 fl`lV iccw;�'�UiIC2r 13:ORC�.t" � 0.CC5285; X I f - q.011l923I X ?3cCA(,X'A�', I j 3 �Fr,GCI-t i GA35[ i2! X • t a ' ° z 19 Resolution on Land Use and/or Expenditures of the City orYorkville Land Cns,h Contributions Where.as the City of Yorkville has established a Land Cash Ordinance dedicated to the concept that healthful, productive community life depends in part on the availability of recreational and park space and adequate school facilities and �y7icr'as the City of Yorktiille has determined that the provision of par:, recreation, and school sites to serve the immediate and future needs of adults and children of each new subdivision, plaamd. unit development or individual construction is just as essential to proper land development as are street, water, sewers and sidewalks, and Whereas the City of Yorkville has established ordinance procedures ;or the acquisition or la.�d an or the payment of cash in lieu of land, now ' Therefore it is resolved by the Yorkville Cosa„unit unit c-ho District #115 Hoard of Education that all conditions and•:requirements of said City of Yorkville a d`gCexpenditure h OnaF shall be maintained and upheld by this governmental entity, and that any use of land cantnbutions derived from the YorkNille Land Cash Ordinance shat! be in eontorrnance with stipulations and Conditions so stated within the Yorkville Land Cash Ordinance. I 'b President Date. Secretary Date STATE OF ILLINOIS ) COUNTY OF KENDALL ss ORDINANCE NO 2003 UNITED CITY OF YORKVM E AND CASH ORDINANC E No.96-3 WHEREAS, THE TF.D CITY OF YORKVILLE, after careful consideration by the Mayor and City Council,has determined it necessary to amend the Land Cash Ordinance#1996- 3 Section I.C.5 Fair Market Value to reflect a substantial increase in the fair market value of improved residential real estate based upon a study prepared by a certified appraiser and; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council,has determined that the "fair market value" for all residential improved real property shall be determined by a study performed by the United City of Yorkville's direction every three years or less commencing in the 2002-2003fiscal year; WHEREAS, THE UNITED CITY YORKVILLE,after,careful consideration by the Mayor and City Council, has determined that it is in the best interests of the community to amend the Section I-C.5 Fair Market Value of the Land Cash Ordinance#1996-3. NOW'THEREFORE BE IT ORDAMM BY THE UNITED CITY OF YORKVILLE; 1. That Section I.C.5 Fair Market Value of the Land Cash Ordinance#1996-3 is hereby revoked; and a new Section I C.S. is created to read as follows: L The cash contributions in lieu of land shall be based on the"Fair market value" of the acres of land in the area improved that otherwise would have been 1 i dedicated as park, recreation, or school sites. The "Fair market value" for any I parcel of residential real property shall be deemed to be fifty-eight thousand dollars and 001100($58,000.00)based upon the study of Thompson Appraisals. The"Fair market value" of an area of residential real ro e P P rty shall be reviewed by study every three (3) fiscal years or less, commencing May 1, 2003. In the event of any objection by the subdivider,developer, orpublic body,the objector shall submit an appraisal showing the"Fair market value"of such improved land in the area of development of other evidence. Final determination of said"Fair . I market value"per acre of such improved land shall be made by the City Council based on such information submitted by the subdivider or developer and from other sources as may be submitted to the City Council by affected parties," I 2. The Impact FeelLand Cash Value Analysis&Report prepared by Thompson Appraisals I dated December 1, 2002 is incorporated herein reference, 3. Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. 4. The various parts, sections, and clauses of this Ordinance are hereby declared to be I severable. If any part, sentence, paragraph, section, or clause is ad judged I unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the I Ordinance shall not be affected thereby. I 2003. WETNESS TNESS WHEREOF, this Ordinance has been enacted this Akay of 2 MIKE ANDERSON JOSEPH BESCO VALERIE BURR PAUL JAMS LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County,Illinois, this day of V , A.D. 20 03 . MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this ; day of J 14n A.D. 20_a. Attest: C L RK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St, Yorkville,IL 60560 630.553.9500 3 I STATE OF ILLINIOS ) COUNTY OF KENDALL ) ' ORDINANCE NO.200&51 ORDINANCE AMENDING UNITED CITY OF YORKVILLE LAND CASH ORDINANCE No. 96-3,2o03-12,2004-22 and 2005`37 s WHEREAS, the United City of Yorkville, after careful consideration by the Mayor and City Council has determined it necessary to amend Land Cash Ordinance No. 1993-3 and No. 2003-12 (Section 1.C.5--Fair Market Value)to reflect a substantial increase in the fair market value of improved residential real estate based upon a study prepared by a certified appraiser, and, WHEREAS, the United City of Yorkville, after carefiil consideration by the Mayor aad City Council has determined that it is in the best interests of the community to amend Land Cash Ordinance No. 19,96-3 and No. 2003-12 (Section l.C.5—Fair Market Value),and to the extent that Ordinance No.2004-22 and Ordinance No.2005-37 amended Section 1.C.5--Fair Market Value, to amend that Ordinance as well. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made, seconded and approved by a majority of those so voting that: 1. Section 1.C.5,Fair Market Value of the Land Cash Ordinance 1996-3 and 2003- 12 are amended to reflect that the"Fair Marken Value"for any parcel of residential real property shall be deemed to be one hundred and one thousand dollars and 001100 per acre($101,000 Aare)based upon the study by Thompson Appraisals dated August 10,2005. 2. The Land Cash Valuation Analysis and Report prepared by`Thompson Appraisals dated August 10,2006 is incorporated by reference herein. a 3. To the extent that Ordinance 2005-37 has previously amended said Section I.C.5, this Ordinance shall supercede 2005-37 beginning with the affective date of this Ordinance until such time as Section 1.C.5 may be amended in the fiAwe. 4. Any Ordinance or parts thereof that conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. 5. The various parts, sections, clauses of this Ordinance are hereby declared to be severable. If any part sentence, paragraph section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction,the remainder of the Ordinance shall not be affected thereby. IN WITNESS HEREFOR,this Ordinance has been enacted this L2�-- day 015��2006. JAMES BOCK _QS %L %-� JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this Day of AM. 2006. J4 MAY Passed by the City Council of the United City of Yorkville,Kendall County,Illinois this L day of v A.D.2006. ATTEST: 17t� CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville, 800 Game Farm Road Yorkville, IL 60560 United City of • DONATION PARCEL PROJECT INfORMATION - 54 / b^ e � r "�"_� �� —_ Ilya �4_$� +rr-d ��.��la�, r.. �F�•A ` �•� �i''R� AD AFFILICATION ESM 1836 e t1�r1 LEASE This Lease is made as of I 2002 by and between CORPORATION FOR OPEN LANDS, an Illinois not-for-profit'corporation, as contract purchaser of the Land hereinafter described (the"Landlord"), and United City of Yorkville, a unit of local government. ("Tenant"). WITNESSETH: 1. Landlord is the purchaser,by virtue of a Real Estate Sales Contracts dated as of 1 "4r_ 2002 (the °Contract"), contemplating the purchase of certain real estate legally described on Exhibit A attached hereto and made a part hereof(the"Land'). 2. Landlord, for and in consideration of the agreements of Tenant herein contained, hereby leases to Tenant, and Tenant hereby leases from Landlord, the Land for a term beginning on the date on which Landlord obtains title or possession at closing and terminating on the last day of the month 36 months later. 3. Tenant shall pay as rent for the Land in advance on the first day of each and every month during the Term the sums as set forth in Exhibit B attached hereto and made a part hereof (the "Rent') at the offices of Landlord located at 25 East Washington Street, Suite 1650, Chicago, Illinois 60602 or at such other place or to such other person as Landlord may from time-to-time direct. All Rent shall be payable without any demand therefore and without any deductions or set-offs whatsoever. 4. Tenant shall use and occupy the Land as an open space area in connection with its park system or open space plan and shall not use the Land for any other object or purpose whatsoever. Tenant shall post a sign provided by Landlord indicating Landlord participation in the acquisition of said Land, which obligation will survive the term of this lease and continue upon the transfer of title to the Land to the Tenant. 5. Tenant has examined and knows the condition of the Land, and agrees that no representations as to the condition, suitability, or repair thereto and the improvements thereon if any, have been made by the Landlord or its agents prior to, or at the execution of this Lease. Tenant agrees at its sole cast and expense to keep the Land and any improvements now or hereafter erected thereon in good condition and repair, and specifically agrees to maintain all ponds, trees, grasses, flowers, shrubs, and other vegetation and flora and fauna on the Land in a state consistent with Paragraphs 4 and 5 hereof. 6. Tenant agrees.to permit Landlord and its agents to enter on the Land or any part thereof, at all reasonable times, for the purpose of examining the same, or for exhibiting the Land for sale, or for malting repairs or alterations or performing maintenance as Landlord may deem necessary for the safety or preservation thereof, ox for curing any default of Tenant under this Lease and to erect any signs identifying Landlords assistance in the acquisition, The right to erect any signs identifying Landlords assistance in the acquisition shall survive the purchase of the property by Tenant. 7. Tenant shall pay all charges for labor, water, electricity, fertilizer and any other services furnished or supplied to all or any part of the Land, and shall pay any and all taxes and assessments, ordinary and extraordinary, general and specific, which may be levied or assessed on the Land and be due and owing during the Term. Tenant shall have the right, at its sole cost and expense to apply for a tax exemption or, to contest by appropriate legal proceedings,without cost or expense to Landlord, the amount or validity of any such taxes and assessments or seek an exemption from such taxes and assessments for the Land.Tenant, however, shall not be relieved of its obligation to pay such taxes and assessments as required by this Paragraph 7 unless the Land is allowed a tax exemption or the proceedings shall operate to prevent the collection of such imposition and the sale of the Land, or any part thereof,to satisfy the same.Landlord agrees that it will cooperate with Tenant in any proceeding referred to in this Paragraph 7 and that any such proceedings may, with prior notice to Landlord, be brought by Tenant in the name of Landlord but Landlord shall not be subjected to any liability for the payment of any costs and expenses in connection therewith. Landlord will refund to Tenant any Real Estate tax refund for Real Estate taxes paid by the Tenant. 8. Tenant shall not make any contract for the construction, demolition, repair, or improvement on, in, of, or to the Land, or any part thereof, or for any work to be done or materials to be furnished on or to the Land, or any part thereof without first obtaining the prior written consent of Landlord. In the event Landlord consents to any such work, Tenant agrees to commence and to complete such work promptly, lien free and in a first-class condition and in conformity with all applicable government Hiles, codes, laws, regulations and requirements. Prior to commencing any work in or about the Land(except for routine maintenance or work not requiring a permit or approval), Tenant shall secure any necessary permits and approvals for such work and shall provide Landlord with certificates of insurance in forms and amounts satisfactory to Landlord naming Landlord, and Landlord's officers, agents and employees, as additional insured parties. 9. Nothing contained in this Lease shall authorize Tenant to do any act which shall in any way encumber the Landlord's interest in the Land, nor in any way subject such title or interest to any claims by way of lien or encumbrance. Any claim to a lien upon the Land arising from any act or omission of Tenant shall attach only against Tenant's interest and shall in all respects be subordinate to the Landlord's interest in the Land. If Tenant has not removed any lien or encumbrance within thirty(30) days after written notice to Tenant by Landlord, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for making any investigation as to the validity thereof, and the amount so paid shall be, deemed additional rent reserved under this Lease due and payable forthwith. Y 10. Tenant agrees to observe and comply with all applicable ordinances, rules, regulations and laws respecting the Land or the use thereof now in effect or which may be enacted during the continuance of this Lease by any municipal, county, state or federal authorities, and Tenant specifically agrees to protect, defend, indemnify and hold harmless Landlord from and against any damage, liability and expense of whatever nature caused by any violation thereof. 11. The Tenant shall be liable for any damage to Tenant's person, property or business or the person, property or business of any person or entity claiming through Tenant, resulting from or related to: (i) the Land, or any part thereof or any appurtenances thereof, needing repair, (ii) the happening of any accident in or about the Land; or (iii) the action or negligence of any invitee or occupant of the Land or any other person. Without limiting the foregoing, the Landlord shall not be responsible for any damage caused by fire, explosion, smoke, water, snow, frost, steam, sewerage, sewer gas or odors, illuminating gas, or by the bursting or leaking of pipes. Except to the extent expressly prohibited by law, Tenant shall protect, defend, indemnify the Landlord and its respective officers, agents, servants, employees, successors and assigns harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from injury to persons or damage to property on the Land arising out of or in connection with Tenant's use or occupancy of the Land or its activities thereon, or arising from any act or negligence of Tenant, its agents, contractors, servants, employees, invitees or any permitted subleases, or arising from Tenant's failure to comply with its obligations hereunder. 12. Tenant shall, at its sole cost and expense, procure and maintain during the Term hereof, comprehensive public liability insurance and property damage insurance, including but not limited to contractual liability insurance, with limits of not less than $2,000,000 for any one occurrence, which insurance shall name the Landlord and their respective agents, officers, and employees as additional insured parties. Such insurance shall protect, defend and indemnify the insured parties from and against any and all claims (including all costs and expenses of defending against same) for bodily injury, sickness, death, or disease and for damage or injury to or destruction of ownership, maintenance or use of the Land, and any activity thereon. In addition, Tenant shall, at its sole cost and expense, procure and maintain all-risk casualty insurance on any improvements located on the Land on a replacment cost basis, and such insurance shall name the Landlord as loss payees. All policies of insurance shall be written by companies reasonably acceptable to Landlord and certificates evidencing such coverage shall be delivered to Landlord prior to the commencement of the Term and thereafter nol less than thirty (30) days' prior to the expiration date of any such policy.No policy shall be cancelled, amended or modified except after thirty(30) days' written notice to Landlord. 13. Tenant shall not, without the prior written consent of the Landlord,which consent may be granted or withheld in Landlord's sole discretion: (i) assign,convey, mortgage or transfer this Lease, or any rights or interest hereunder; (ii) sublet the Land or any portion thereof, except as set forth in Paragraph 4 above; or(iii)permit any assignment of this Lease, or any part hereof, by operation of law or otherwise 14. Tenant agrees that at the expiration of this Lease it shall give peaceable possession of the Land to Landlord, in at least as good condition as it is as of the date of execution of this Lease, provided that Tenant has not exercised its option to purchase Landlord's interest in the Land pursuant to this Lease. 15. In case Landlord, by reason of the failure of Tenant to perform any of the agreements or conditions herein contained, shall be demanded to pay or shall pay any money, or shall be demanded to do or shall do any act which requires the payment of money, then the sum or sums so paid or required to be paid, shall be added to the installment of rent next becoming due or to any subsequent installment of rent, and shall be collectable as additional rent in the same manner and with the same remedies as if it had been originally reserved, Tenant further agrees to reimburse Landlord for all costs, including reasonable attorneys' fees and expenses, made and incurred by the Landlord in enforcing or attempting to enforce the agreements of this Lease, and that all such costs shall also be deemed to be additional rent hereunder. 16, Failure of Landlord to insist on the strict performance of the terns, agreements and conditions herein contained, or any of them, shall not constitute or be constructed as a waiver or relinquishment of Landlord's right thereafter to enforce any such term,'agreement or condition,but the same shall continue in full force and effect. 17. If default shall be made in payment of the Rent or any other sum required to be paid by Tenant under this Lease, and such default shall continue for five (5) days after written notice to Tenant, or if default shall be made in the full and prompt performance of any of the other covenants or conditions which Tenant is required to observe or perform hereunder and such default shall continue for thirty (30) days after written notice demand of any]dud (beyond that specified above), Landlord shall have any one or more of the following described remedies in addition to all other rights and remedies provided at law or in equity. (a) Landlord may terminate this Lease and the Term created hereby, in which event Landlord may forthwith repossess the Land and be entitled to recover as liquidated damages and not as a penalty a sum equal to the total amount of the Rent which would have been due and payable pursuant to this Lease during the entire remaining Team of this Lease as of the date of termination,plus such other sums as may be due and owing to Landlord pursuant to this Lease, If Tenant shall, within sixty (60) days after the entry of a judgment pursuant to this Paragraph 16(a), fully satisfy the judgment, then Landlord shall convey the Lead to Tenant as specified in Paragraph 17 hereof.In the event that the judgment is not fully satisfied within sixty (60)days after its entry,then Landlord shall have the right to pursue all other rights and remedies available to Landlord at law or in equity, and Landlord shall have no further obligation to convey the Land to Tenant. (b) Landlord may terminate Tenant's right of possession and may repossess the Land by forcible entry and detainer suit, or otherwise, without demand or notice of any kind (beyond that specified above) to Tenant and without terminating this Lease, in which event Landlord may, but shall be under no obligation to, relet all or any part of the Land for such rent and upon such terms as shall be satisfactory to Landlord(including the right to relet the Land for a term greater or lesser than the remaining Term of this Lease or to relet the Land as a part of a larger area) for the purpose of such reletting, Landlord may make such repairs, changes, alterations or additions in or to the Land that may be necessary or convenient. if Landlord shall fail or refuse to relet the Land, then Tenant shall fail or refuse to relet the land,then Tenant shall pay to Landlord as damages a sum equal to the amount of the rent reserved in this Lease for such period or periods as the Land are not relet. If the Land is relet and after paying all of the costs and expenses of such repairs, changes, alterations and additions and the expense of such reletting and the collection of the rent accruing therefrom, a sufficient sum is not realized from such reletting to satisfy Tenant's obligations hereunder, Tenant shall satisfy and pay any such deficiency upon demand therefore from time to time; and Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this paragraph from time to time and that any suit or recovery of any portion due Landlord hereunder shall be no defense to any subsequent action brought for any amount not theretofore reduced to judgment in favor of Landlord. Except for the notices provided herein, Tenant expressly waives the service of any notice of intention to terminate this Lease or to re-enter the Land, and waives the service of any demand for payment of rent or for possession, and waives the service of any and every other notice or demand prescribed by any statute or other law, and agrees that the simple breach of any of the said covenants shall, of itself, without the service of any other notice or demand whatever except as provided in this Paragraph 17, constitute a forcible detainer by Tenant of the Land,within the meaning of the statutes of the State of Illinois. No receipt of moneys by Landlord from Tenant, after the termination in any way of this Lease, or after termination of Tenants right of possession, shall reinstate, continue or extend the Term of this Lease. All rights and remedies of Landlord hereunder shall be cumulative and none shall exclude any other rights and remedies allowed by law or in equity. 18. At any time during the Term hereof, Tenant may request in writing that Landlord convey Landlord's interest as owner of the Land by a recordable Warranty Deed provided that prior to such Tenant shall have paid to Landlord "Landlord's Costs" (as defined on Exhibit B attached hereto), plus all accrued and unpaid Rent, and provided further that Tenant shall have performed all of the covenants and agreements on its part to be performed hereunder. Within six (6) weeks, after receipt of such request from Tenant, Landlord agrees to deliver to Tenant Warranty Deed for the Land and furnish to Tenant an Affidavit of Title in customary form covering the date of closing and subject only to the exceptions to title set forth on Exhibit C attached hereto (the 'Permitted Exeeytions'l. Tenant agrees to promptly record such Warranty Deed at its expense, and to thereafter assume full control of the Land. Upon conveyance of Landlord's interest in the Land to Tenant, this Lease shall thereder terminate and have no further force and effect. 19. Notices and demands by either Landlord or Tenant shall be given by certified mail, return receipt requested, with prepaid postage addressed to Landlord at: Corporation for Open Lands, 25 East Washington Street, Suite 1650, Chicago, Illinois, 60602 (Attention: Executive Director) or to Tenant at: United City of Yorkville, 800 Game Farm Road, Yorkville Illinois 60560(Attention: City Administrator), or at such other place and to such other parties as the parties hereto may designate by notice in writing. 20. If the whole or any part of the Land shall be taken or condemned by any competent authority for any public or quasi-public use or purpose, the Tenn, at the option of Landlord, shall end upon the date when the possession of the part so taken shall be requested for such use or purpose and Landlord shall be entitled to receive the entire award without any payment to Tenant provided that, if Tenant shall have served notice to Landlord of its intent to exercise its option to purchase Landlord's fee simple ownership interest in the Land pursuant to Paragraph 18 hereof, Landlord shall hold such award in trust for the benefit of Tenant. Current Rent shall be apportioned as of the date of such termination. 21. (a.) All the agreements, conditions and undertakings herein contained shall extend to and be binding on the successors and assigns of the respective parties hereto as if they were in all cases named. (b.) All of the representations and obligations of Landlord are contained herein and no modification, waiver or amendment of this Lease or any of its conditions or provisions shall be binding upon Landlord unless in writing signed by a duly authorized agent. (c.) All amounts due and payable from Tenant under this Lease or under any work order or other agreement relating to the Land shall be considered as Rent. In the event any Rent or other sum due and owing by Tenant to Landlord is not paid when due, such amount shall bear interest, computed from the first day an which such payment was due, at the rate of 9 percent per annum. (d.) The laws of the State of Illinois shall govern the validity, performance and enforcement of this Lease. (e.) Upon request of the holder of any note secured by a mortgage on the Land, Tenant shall agree in writing that no action taken by such holder to enforce said mortgage shall terminate this Lease or invalidate or constitute a breach of any of the provisions hereof and Tenant will attom to such mortgagee, or to any purchaser of the Land, at any foreclosure sale or sale in lieu of foreclosure, for the balance of the Tcim of this Lease and on all,other terms and conditions herein set forth. (f.)Tenant represents and warrants to Landlord that neither Tenant nor Tenant's officers or agents or anyone acting on its behalf has dealt with any real estate broker in the negotiation or making of this Lease and Tenant agrees to indemnify and hold Landlord harmless from the claim of any broker who alleges that such broker interested Tenant in the Land or caused Tenant to enter into the Lease. Y 22. Provided Tenant is not in default in the performance of Tenant's obligations under this Lease, Landlord warrants, covenants and agrees that Tenant will have peaceful and quite enjoyment of the Land, subject to the terms and conditions of this Lease. 23. Landlord expects that Closing under the contract will occur on or before January 8, 2002. The terms and conditions of this Least are contingent upon the closing of the Landlord's acquisition of a fee simple ownership in the Land from the current fee owners. Any additional title exceptions approved by Landlord and Tenant in connection with the acquisition of the Land shall be added to the Permitted Exceptions described on Exhibit C attached hereto. 24. Tenant agrees that Tenant shall not cause, permit, or suffer any Hazardous Materials (as hereinafter defined) to be released, discharged, handled, processed, disposed of, stored, produced or used upon, about or beneath the Land by Tenant,or by its agents, employees, contractors or invitees. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all Environmental Damages (as hereinafter defined) which arise from (i) the presence upon, about or beneath the Premises of any Hazardous Material (hereafter an 'Environmental Contamination') or(ii)the breach of this provision of this Lease. In the event of an Environmental Contamination of the Land is discovered Tenant agrees it shall, at its sole cost and expense, promptly take all actions required by any federal, state or local governmental agency or political subdivision or necessary for Landlord to restore the Land to the condition existing prior to such Environmental Contamination notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. Tenant shall obtain Landlord's approval prior to undertaking any activities required by this Paragraph,which approval shall not be, unreasonably withheld so long as such actions would not potentially have any material adverse effect on the Landlord. Tenant's obligations under this Paragraph shall survive the expiration of this Lease. "Hazardous Material" shall mean any substance, material, chemical, water, soil or waste which is or may in the future be listed, identified, classified, characterized, described,defined, or referred to as hazardous, toxic,•contaminative, infectious, ignitable, explosive or radioactive by or under any federal, state, or local statute, law, ordinance, code, rule, regulation, order, permit, requirement or decree (collectively ]mown, for this section of the Lease, as "Law" or "Laws'D, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 at w.: the Federal Resource Conservation and Recovery Act (42 U.S. C. Section 6901 et seq.); the Emergency Planning and Community.-Right-lo-Know Act, 2 U.S.C. Section 11001 et seq.; the Solid Waste Disposal Act, 42 U.S.C. Section 6901 et seq.; the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.; and all other Laws pertaining to hazardous substances, hazardous materials and pollutants, air resources and air pollution, and water quality and water pollution. "Hazardous Materials" shall also include any material,the presence of which requires investigation or remediation under any Law or which is or becomes defined as a"hazardous waste' or"hazardous substance"under any Law and any hazardous substance, material or waste which causes a nuisance upon or waste to the Land. "Hazardous Material" specifically includes, without limitation, (1) petroleum 'and petroleum constituents, (2) asbestos, and (3)polychlorinated biphenyl's. "Environmental Damages;" shall mean, with respect to any Environmental Contamination; (i) all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, diminution in the value of the Land, damages for the loss of or restriction on use of the Land or of any amenity of the Land); (ii) all sums paid for settlement of claims, attorney's fees, consultant's fees and expert's fees; and (iii) all costs incurred by Landlord in connection with investigation of Hazardous Material upon, about or beneath the Land, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision necessary for Landlord to make full economic use of the Land, or otherwise required under this Lease. Remainder of Page Intentionally Left Blank. Signatures Follow. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written. LANDLORD: CORPORATION FOR OPEN LANDS, an Illinois not-for-profit corporation By:—Vt Its: TENANT: UNITED CITY OF YOMVILLE,a unit of local government 1 � � By: Its: EXHIBIT A Legal Description EXICBIT B Rent A. Rent shall be payable in accordance with the provisions of Paragraph 2 as follows: 1• For each calendar month during the period beginning Decernber _, 2002, and ending December 31, 2005,an amount equal to the sum of(a) interest for the preceding calendar month (or portion thereof) on the sum representing the total purchase price of the Land (representing Landlord's funds used to acquire fee simple ownership interest in the Land and a First Mortgage on the property),at the rate per annum set forth principal Note and Mortgage used to secure a loan for the purchase of the subject property or at the prime rate as published to the Wall Street Journal on the closing date if no Mortgage is obtained(b)any additional costs, expenses or fees incurred by Landlord during the previous month in connection with or related to the acquisition, operation,financing or transfer of an interest in the Land,including, but not limited to Landlord's reasonable attorneys' fees, real waste taxes, insurance pretn{tttns, monthly payments payable under Note and Mortgage, and Landlord's reasonable staff expenses; each such installment of Rent being payable on or before the first day of each month;and 2. At the commencement date,an Annual holding service fee o€S10,000.00 is to be paid and annually thereafter on December 1, 2003, and December 1, 2004 provided, however, that in the event Tenant exercises its rights pursuant to paragraph 17 of the]ease prior to the due date for any such payment, then in such event Tenant shall have no HabiUty for said upcoming payment and the Annual fee shall be prorated quarterly for that year. 3. For each calendar month during the period beginning July 1,2005 and ending December 31,2005 an amount equal to 116th of the then unpaid amount of"Landlord's Costs",which are defined as follows, to wit;the purchase price which Landlord paid to acquire a fee simple ownership intmost in the Land(i.e. S155,000.00),plus all Heretofore imreimbursed costs,expenses and fees incurred by Landlord in connection with or related to the acquisition, operation, fmancing and transfer of an interest in the land, including, but not limited to Landlord's attorneys' fees, insurance premiums, Landlord's reasonable staff expenses, interest and forming expenses, and real estate taxes. B. Upon cornmencement of the Term,Terlaut shall also pay to Landlord an amount equal to Landlord's initial acquisition costs, including, without limitation, title charges, loan and closing costs,reasonable attorneys fees,reasonable staff'expenses and consultant fees,but excluding any portion of the purchase price paid by Landlord to the current owners of the band pursuant to acquire the Land. i. Exmff G Permitted Exceptions 1, General real estate taxes not yet due or payable. W Second Amendment to Lease-Donation Agreement This Second mendment to Lease-Donation Agreement("Second Amendment") is made this 22`�" day of S kw�6�-;2009,by and between CORPORATION FOR OPEN LANDS, an Illinois not-for-profit corporation ("CorLands"), and UNITED CITY OF YORKVILLE, a unit of local government("Yorkville"). WHEREAS, Yorkville and CorLands (collectively,the"Parties") entered into a•Lease- Donation Agreement on July 11, 2003; and WHEREAS, when the Lease-Donation Agreement expired on July 11,2008,the Parties agreed to extend the Lease-Donation Agreement for an additional one-year term, and this agreement was embodied in an Amendment to Lease-Donation Agreement dated September 9,2008 (the"First Amendment"}; and WHEREAS, the one-year extension under the First Amendment expires on July 11,2009, and the Parties desire to extend the Lease-Donation Agreement for an additional term of six months. NOW THEREFORE, the Pasties agree as follows: 1, The Lease-Donation Agreement shall continue in effect for an additional six- month term, expiring Ianuary 11, 2010; 2. All of the terms of the Lease-Donation Agreement are hereby ratified and approved and shall remain in full force and effect; except that the commitment fee for this current six-month term shall be$5000.00,due within thirty(30) days of Yorkville's execution of this Second Amendment. 3. The parties agree that Yorkville may, at its option, extend the terms of this Second Amendment for an additional six-month term,through July 9,2010, upon receipt by CorLands of an additional $5000,00 commitment fee on or before January 11, 2010. 4. Yorkville acknowledges and agrees that CorLands may, at its sole discretion, convey Parcel 2 during the term of this Amendment in accordance with Paragraph 3.1 of the Real Estate Donation Agreement dated July 11,2003, between CorLands and MPI-2 Yorkville South II LLC, an Illinois limited liability company. END OF AGREEMENT—SIGNATURES FOLLOW Page 1 8/5/2009 IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written, UNITED CITY OF YORKVILLE, A unit of local government By: I �'f, u\- Cs' el CPrinted] Its: Q CORPORATION FOR OPEN LANDS, An Illinois not-for-profit corporatoin By' }erL W• L! Csign ture� Cprinted] Its: _�� c t1,.�"-'c.T� ht Page 2 81512009 Ordinance No.2010-1gz k AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING A THIRD AMENDMENT TO LEASE-DONATION AGREEMENT FOR THE BLACKBERRY CREEK PROPERTY BY AND BETWEEN THE CITY AND CORLANDs 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 the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City desires to lease certain property from Corporation for Open Lands, an Illinois not-for-profit corporation ("CorLands") pursuant to a Third Amendment to Lease-Donation Agreement by and between the City and CorLands (the "Lease"), attached hereto and made a part hereof,in accordance with the terms and conditions therein specified. NOW, THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois, as follows: Section I. The above recitals are incorporated and made a part of this Ordinance. Section 2. The Third Amendment to Lease-Donation Agreement by and between Corporation for Open Lands, an Illinois not-for-profit corporation, and the United City of Yorkville in the form attached hereto is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute same. Section d. The Mayor is hereby authorized to undertake any and all actions as may be required to implement and enforce the provisions of said Lease, and,in particular, any and all undertakings on the part of the City as itemized therein. Section 4. That 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 1%k Day of Z) �,A.D. 2010. ATTEST• C RK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER_ WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. �n Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 070' Day of bECEIKBJ54 ,A.D. 2010. MAYOR Third Amendment to Lease-Donation Agreement This Third Amendment to Lease-Donation Agreement("Third Amendment") is made this 14 day of_WWAiM , 2010,by and between CORPORATION FOR OPEN LANDS, an Illinois not-for-profit corporation("CorLands"), and UNITED CITY OF YORKVILLE, a unit of local government("Yorkville"). WHEREAS,Yorkville and CorLands (collectively, the"Parties')entered into a Lease- Donation Agreement on July 11,2003, expiring July 11, 2008; and WHEREAS, the Parties extended the Lease-Donation Agreement for an additional one- year term under an Amendment to Lease-Donation Agreement dated September 9, 2008 (the"First Amendment"); and WHEREAS, the Parties extended the Lease-Donation Agreement for an additional one- year term under a second Amendment to Lease-Donation Agreement dated September 22, 2009 (the "Second Amendment"); and WHEREAS, the one-year extension under the Second Amendment expired on July 11, 2010, and the Parties desire to extend the Lease-Donation Agreement for three(3) additional one-year terms. NOW THEREFORE, the Parties agree as follows: 1. The Lease-Donation Agreement shall continue in effect for an additional one- ., year term; 2. All of the terms of the Lease-Donation Agreement are hereby ratified and approved and shall remain in full force and effect; except that the commitment fee for this current one-year term shall be$10,000.00,due within thirty(30) days of Yorkville's execution of this Third Amendment. 3. The parties agree that Yorkville may, at its option, extend the term of this Third Amendment for an additional one-year term, through July 11,2012, upon receipt by CorLands of an additional $11,000.00 commitment fee on or before July 11,2011; and for a second additional one-year term,through July 11, 2013,upon receipt by CorLands of an additional $12,000.00 commitment fee on or before and July 11, 2012. 4. Yorkville acknowledges and agrees that CorLands may, at its sole discretion, convey Parcel 2 during the term of this Amendment in accordance with Paragraph 3.1 of the Real Estate Donation Agreement dated July 11, 2003, between CorLands and MPI-2 Yorkville South II LLC, an Illinois limited liability company. END OF AGREEMENT— SIGNATURES FOLLOW Page 1 121912010 IN WITNESS WHEREOF,the parties hereto have set their hands and seals as of the day and year first above written. UNITED CITY OF YORKVILLE, A unit of local government Q By: Jj-0 [signature] [printed] Its: CORPORATION FOR OPEN LANDS, An IIlinois not-for-profit corporation By: [signature] [printed] Its: �t- Page 2 121912010 ILLINOIS E.A.S. - CERP FORM DEPARTMENT OF NATURAL RESOURCES CERP#: Due Date: CULTURAL RESOURCES, ENDANGERED SPECIES & WETLANDS REVIEW REPORT Project Sponsor: Yorkville,united city of Indicate Grant Program Type Line Item Project Title/Site Name: Bicentennial Riverfront Park OLT OSLADILWCF Laura Schraw �� Contact Person: Bike Address: 800 Game Farm Road Yorkville, IL 60560 Boat Access Snowmobile Phone: 630-553-8574 Date: dune 19, 2012 OHV Email: IschrawCdyorkville.il.us RTP Check appropriate response: [ ] New Project Application(notpreviously revievved/considered�v IDNR) ApplicationResubmittal * If resubmittal,indicate the year(s)previously submitted: 2011,2012 Has project proposal changed in scope or design layout from previous submittal(s)? [ ]Yes [VI]NO If this is a development project was the property acquired with DNR funds? [ ]Yes [f]No Project Location: County: Kendall USGS Numeric Location Designation: Township:37N Range:7E Section: 15 Please attach: 1) project site development plan 2)topographic map (Note: photocopy ONLY that portion of Topo Wrap where project site is located. Copies should be no larger that I".x 17") (Clearly delineate and identify the 19roject site/purk boundary'on the snap with a dashed black line) Topographic ma Qs may be obtained from: Illinois State Geological Societe Size of Project Site: 29.1 _acres Champaign,IL (217)244-2414 Topographical maps may also be available from local and/or regional planning commissions. Does the project include tree removal? Yesl 1 No 1 v/1 If yes,anticipated number to be removed? Concise Project Description: (Also,attach 2 sets of color photos of any existing buildings/structures on project site) Approximately 29.1 acres south of Blackberry Creek will be donated fo rthe grant project. It is a natural area,with tail grasses creating a prairie-pasture adjacent to the creek. A few trees exist on the creek's shoreline. No structures exist on this site.The City will open this area up for hiking, nature activities, and bird watching. An information kiosk will provide a map of the hiking path(s), and show native plants that can be found. DEPARTMENT USE ONLY Approved Approved w/Restrictions" Comments* Grant Adm. Cultural Resources T&E Species/NP/Natural Area/LWR Wetlands(See 404,see reverse side) see attached letter/comment _ Signature indicates IDNR CERP sign-off for ONLY the project informalio OREP/RR&C/CERP Coordinator Date included in this submittal. Any changes must be resubmitted for review. 3 COPIES OF THIS FORM AND THE SPECIFIED ATTACHMENTS MUST BE SUBMITTED WITH APPLICATION r � Legend 9podplains AA Cone -- D _ AE ` ,. rfar A a E ♦ �� •00 ♦ too *• ♦f 0d� i i• C Riverfront Park - Donation Site 0 200 400 TM Da(a h p ovlded CrOLdwurlArrty Or+nynpresentstion of H accuracy,ffineflntss,or carvpkfeM 4 Is the respons76ifMy of fhe FEMA Flood Map "Requester"todtlt+mina accu raty,ffinellneas,COmpLtepess,+nd w E appropilafenesr o11ts use,The UMfed Gfy of Yorkville makes na w+o+sglee,expressed or Implied;to the use of fix Defa. June 1010 FBBL •Map produced by Unded thy of Yorkville CIS r g BLACKBERRY CREEK PROPERT) ACQUISITION PARCEL CONCEPTUAL SITE Y {r. .f s BANK OF AMERICA PROPERTY-" .� 7, AuT.Llk,4 CREEK PRQP -T-Y 0�,,� United City of Yorkville �fp12KV1LL� Yorkville Parks&Recreation D 800 Game Farm Road 201 W. Hydraulic St. Yorkville, Illinois 60560 Yorkville, Illinois 60560 OPPTelephone:630-553-4350 Telephone:630-553-4357 Fax: 630-553-3436 AR S RacRTIoN Fax:630-553-4347 PARCEL ONE: THAT PART OF SECTIONS 15, 22 AND 23,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ATTHE POINT OF INTERSECTION OF THE NORTH AND SOUTH CENTERLINE OF SAID SECTION 15 WITH THE TANGENT OF THE CENTERLINE OF STATE AID ROUTE 20 AS ESTABLISHED BY INSTRUMENT RECORDED MAY 12, 1952 AS DOCUMENT 125479;THENCE WESTERLY ALONG SAID TANGENT 185.32 FEET;THENCE SOUTH 17 DEGREES 20 MINUTES 0 SECONDS EAST TO THE CENTERLINE OF SAID STATE AID ROUTE 20;THENCE SOUTH 17 DEGREES 20 MINUTES 0 SECONDS EAST 1303.46 FEET FOR THE POINT OF BEGINNING;THENCE NORTH 17 DEGREES 20 MINUTES 0 SECONDS WEST 113.8 FEET;THENCE SOUTH 77 DEGREES 08 MINUTES 0 SECONDS WEST 428.4 FEET; THENCE NORTH 17 DEGREES 28 MINUTES 0 SECONDS WEST 1370.9 FEET TO THE CENTERLINE OF STATE AID ROUTE 20;THENCE NORTH 81 DEGREES 05 MINUTES 0 SECONDS WEST ALONG SAID CENTERLINE 254.26 FEET TO A POINT 194.7 FEET EASTERLY AS MEASURED ALONG SAID CENTERLINE OF THE NORTHEAST CORNER OF ERICKSON'S SUBDIVISION;THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID ERICKSON'S SUBDIVISION,462 FEET;THENCE WESTERLY PARALLEL WITH THE CENTERLINE OF SAID ROAD 194.7 FEETTO THE EASTERLY LINE OF SAID SUBDIVISION;THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHEAST CORNER OF SAID SUBDIVISION;THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID SUBDIVISION AND SAID LINE EXTENDED 1785.3 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECITON 15;THENCE SOUTH 0 DEGREES 55 MINUTES 0 SECONDS EAST ALONG SAID WEST LINE 904 FEET;THENCE NORTH 88 DEGREES 03 MINUTES 0 SECONDS EAST 1629 FEET;THENCE SOUTH 36 DEGREES 11 MINUTES 0 SECONDS EAST 2187 FEET;THENCE SOUTH 39 DEGREES 18 MINUTES 0 SECONDS EAST 3776.7 FEET TO THE CENTERLINE OF U.S. ROUTE 34;THENCE NORTHEASTERLY ALONG SAID CENTERLINE 1353 FEET TO THE SOUTHWEST CORNER OF UNIT THREE, RIVER RIDGE;THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF UNIT THREE, RIVER RIDGE AND ALONG THE SOUTHWESTERLY LINE OF UNIT TWO, RIVER RIDGE 2686 FEET TO THE NORTHWEST CORNER OF SAID UNIT TWO, RIVER RIDGE;THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID UNIT TWO, RIVER RIDGE AND ALONG THE NORTHWESTERLY LINE OF UNIT ONE, RIVER RIDGE 824.42 FEET TO THE CENTERLINE OF STATE AID ROUTE 20;THENCE NORTHWESTERLY ALONG SAID CENTERLINE 1886.5 FEET TO A LINE DRAWN NORTH 69 DEGREES 10 MINUTES 0 SECONDS EAST FROM THE POINT OF BEGINNING;THENCE SOUTH 69 DEGREES 10 MINUTES 0 SECONDS WEST 1084.7 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPT FROM THAT PARCEL THAT PART LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF STRUKEL'S PARADISE LAKE UNIT 1; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID STRUKEL'S PARADISE LAKE UNIT 1, BEING THE CENTERLINE OF BRISTOL RIDGE ROAD, ON A BEARING OF NORTH 37 DEGREES 10 MINUTES 58 SECONDS WEST WHICH IS THE BASIS OF BEARING FOR THE DESCRIPTION OF THIS LINE,A DISTANCE OF 215.76 FEET;THENCE SOUTH 47 DEGREES 53 MINUTES 15 SECONDS WEST 54.82 FEET;THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 445.26 FEET, HAVING A CHORD BEARING OF SOUTH 64 DEGREES 20 MINUTES 37 SECONDS WEST,A DISTANCE OF 354.19 FEET;THENCE NORTH 80 DEGREES 01 MINUTES 36 SECONDS WEST 49.79 FEET;THENCE NORTH 02 DEGREES 23 MINUTES 32 SECONDS EAST 33.60 FEET;THENCE NORTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 31.16 FEET, HAVING A CHORD BEARING OF NORTH 46 DEGREES 51 MINUTES 02 SECONDS WEST,A DISTANCE OF 18.07 FEET;THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 340.28 FEET, HAVING A CHORD BEARING OF NORTH 77 DEGREES 03 MINUTES 16 SECONDS WEST,A DISTANCE OF 126.72 FEET;THENCE WESTERLY ALONG THE ARC OF A CURVE TO THE NORTHEAST, HAVING A RADIUS OF 442.47 FEET, HAVING A CHORD BEARING OF NORTH 77 DEGREES 26 MINUTES 27 SECONDS WEST,A DISTANCE OF 164.23 FEET;THENCE NORTH 53 DEGREES 57 MINUTES 04 SECONDS WEST 36.90 FEET;THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 46.51 FEET, HAVING A CHORD BEARING OF SOUTH 78 DEGREES 44 MINUTES 27 SECONDS WEST, A DISTANCE OF 65.15 FEET;THENCE SOUTH 46 DEGREES 05 MINUTES 42 SECONDS WEST 122.26 FEET,THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 434.59 FEET, HAVING A CHORD BEARING OF SOUTH 79 DEGREES 06 MINUTES 59 SECONDS WEST, A DISTANCE OF 298.16 FEET;THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 150.96 FEET, HAVING A CHORD BEARING OF SOUTH 86 DEGREES 13 MINUTES 36 SECONDS WEST, A DISTANCE OF 122.06 FEET;THENCE SOUTH 83 DEGREES 16 MINUTES 31 SECONDS WEST 45.04 FEET;THENCE SOUTH 71 DEGREES 30 MINUTES 59 SECONDS WEST 135.54 FEET;THENCE SOUTH 54 DEGREES 04 MINUTES 01 SECONDS WEST 46.27 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 165.37 FEET, HAVING A CHORD BEARING OF SOUTH 78 DEGREES 12 MINUTES 25 SECONDS WEST,A DISTANCE OF 144.86 FEET;THENCE NORTH 74 DEGREES 26 MINUTES 06 SECONDS WEST 180.59 FEET;THENCE NORTH 65 DEGREES 26 MINUTES 38 SECONDS WEST 30.99 FEET;THENCE NORTH 50 DEGREES 48 MINUTES 59 SECONDS WEST 62.50 FEET;THENCE NORTH 82 DEGREES 06 MINUTES 35 SECONDS WEST 133.31 FEET;THENCE SOUTH 69 DEGREES 00 MINUTES 05 SECONDS WEST 67.58 FEET, THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 188.30 FEET, HAVING A CHORD BEAMING OF NORTH 89 DEGREES 37 MINUTES 05 SECONDS WEST, A DISTANCE OF 166.22 FEET;THENCE NORTH 53 DEGREES 11 MINUTES 25 SECONDS WEST 69.55 FEET;THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 187.57 FEET, HAVING A CHORD BEARING OF SOUTH 73 DEGREES 52 MINUTES 21 SECONDS WEST,A DISTANCE OF 164.84 FEET;THENCE SOUTH 41 DEGREES 39 MINUTES 54 SECONDS WEST 112.92 FEET;THENCE SOUTHWESTERLY 21.13 FEET, MORE OR LESS,TO A POINT IN THE WESTERLY LINE OF SAID PARCEL,SAID POINT BEING 1,272.16 FEET NORTHWESTERLY OF THE CENTERLINE OF KENNEDY ROAD AS MEASURED ALONG SAID WESTERLY LINE, FOR THE TERMINUS OF SAID LINE. ALSO INCLUDING: ALL THAT PART OF BRISTOL RIDGE ROAD,ADJOINING SAID PARCEL,AND NOT PREVIOUSLY ANNEXED BY ANY MUNICIPALITY. ALSO EXCEPTING FROM SAID PARCEL ONE,THAT PART LYING NORTHERLY OF THE SOUTH BANK OF THE BLACKBERRY CREEK. IL Dept. of Natural Resources Div. of Grant Administration ATTACHMENT A-5 (EASDS01107) ENVIRONMENTAL ASSESSMENT STATEMENT EAS (page I of 3) PROJECT SPONSOR: Yorkville,united city of PROJECT TITLE: Bicentennial Riverfront Park Instructions: I. Attach to this EAS checklist a concise(no more than 1 page) description of the project site including dimensions(size), physical characteristics(pay particular attention to unique eatures),and existing improvements on the property. 2. For each of the following nvironmental and social factors, indicate to the best of your knowledge whether the proposed project will have a Beneficial(B),Neutral(N),or Adverse(A)impact or is Not Applicable(NA). 'Consider both temporary (during construction)and long-term impacts. 3. For Adverse(A)impacts, explain in the Comment Section of this EAS the nature of the impact and whether 1) it can be minimized by mitigation measures OR 2) is unavoidable and cannot be positively add ressedlmitigated. FACTORS Key to impacts: (B)Beneficial, (N)Neutral, (A)Adverse (N/A) Not Applicable Wheck onh I box for each factor) Socio-Economic Factors Type or Impact H N A nIa Adjacent Land Use(describe Farm/Residential [ 1 V1 [ i 2. Disruption of Neighborhood/Community Cohesion 3 Impact on churches I cemeteries/schools/healthcare facilities!elderly housing [ ] [ ] (✓1 4 Local economic business impacts 5. Displacement f Relocation of residenccKs)or business [ ] [ ] [ I VI h Local Tax Base(i c.propen}tax loss) [ ] [ ] I ] I✓1 7 Land Use Change 1 Zoning (indicate current zoning classification. 8. Agricultural Activities/Prime Farmland Conversion(•) 1 ] [ ] V) (f) In compliance with the 1982 Illinois Farmland Preservation Act,it is MANDA"TORY that notification be sent to the IL Ikpt of Agriculture (MA).Bureau of Land Water Resources,State Fairgrounds,Springfield,IL 62794-9281(tele 2171782-6297) icgardnig all land acquisition prDiccts located outside municipal corporate limits regardless of the land's current use. Application material to be provided includes"copies" of I)project location map(attachment A-2)with project boundary clearly delineated,2)project plat map(attachment A-4)with current zoning and adiacent land uses identified on the map. 3)count"sot]survey map with the project site boundary delineated(sod maps can be obtained from the County Soil R Water Conservation District of iicQ).and 4)completed application Narrative Statement(Attachment A-1).Comments provided hy the IDOA to rte project sponsor Must he suhnriaed to the DAR as pan of the project apphcarton rerrew process. [ ]Prcjcct requires IDOA review Dale Sent [ ]Project does not require IDOA review. Phvsical Resource Factors 9 Wildlife/Wildlife Habitat Game Species VI 11 [ 1 [ 1 Non-Game Species 10 Fisheries I✓1 [ ] [ [ [ ] 11 Soils(erosion,removal,contamination) I✓1 [ ] [ ] [ ] 12. Air Quality I✓1 [ 1 [ 1 [ 1 13 Noise l I VI I I [ 1 ENVIRONMENTAL ASSESSMENT STATEMENT (page 2 of 3) Ph}sisal Resource Factors(cant.) Tv �of Impact B N A n/a 14 Energy Useage V] [ ] [ ] [ ] 15 Water Useage [ ] [✓] I ] [ ] 16 Mineral Reuwrces [ ] [,A [ ] [ ] 17 Trcc Removal 18 Surface Waters(lakes.streams,drainageways,etc) 19 Groundwater 20 Floodplams (percent of protect area ss iihin 100 year iloodplam- 60.0 %) 21 Wetlands 0) 22 Threatened and Endangered species (�} [ ] [✓] [ [ ] 23 Archaeological Resources and Historic Sitesl Wricts f"I See required"Cultural Resource,Endangered Species&Wetlands Revieii Report"form located at the end of this LAS report that must be completed(with the requested map attachments and photos,ifapplicable)and attached to duplicate Q copies)to the LAS as part of the project application submitted to the DNR As part ql he cultural resource rerreir,an on-sole archaeological reconnaissance surrey may he required to determine the existence and or significance ofsuch resources and potential impacts to then. Tire cost ofsuch a survey is the responsrhility of the local applicant and is el grhle for grant assistance IF included to the application prrlect budget. ibis lilt!be not f ed tf sac It a sun ey is required. PLEASE NOTE,that the survey,if required,does not need to he conducted until after DNR grant approval. Other Factors 24 Public Roadvrar/Traffic I Public Transit I Railroad Impacts ] IV1 [ ] [ [ 25 Public Utilities I Transmission Facilities ] ] IA I ] I ] 26 Visual Impacts i a ] ] [ ] 27 hazardous WastelMaterials I ] [ ] [ ] IV] 28 Consistence with local Plans (if no.explain) YFiS +/ NO NOTE: Acquisiti(in appli can isiiithprolectslocatedwithm the lunsdicit onofan•'areawidccIcarni�housc-pIanningagcii must complete the enclosed Standard Form 424{application for federal/Stale assistance-parts 2,5,6,7,and 1 l-1 S)and submit copy of form along with project maps and narrative statement(attachment A-1)to the appropriate clearinghouse for review &comment (See hack of 424 form for agency locations and addresses) 29 Known Protect Conlrover.w (ifvcs,explain) YES NO ✓ 30 Identify am Other Adverse Impact(s) C0NIMENT SECTION for"Adverse Impacts" (do not generalixc or use vaguc/ajoHguuus terms in your comments I Ihscnbc each adi crse impact in an oti_leetn c and quantified manner and describe specifically HOW MITIGATION will he accomplished to minimize the adverse impact OR which impacts are unavoidable and cannot be positively addressed through mitigation measures. 13E CONCISE Factor# Comment ENVIRONMENTAL ASSESSMENT STATEMENT COMMENTS SECTION cant, (page3 of3) Faclrir V Convtratt (Attach additional pages ifnecessan) FROJECT PERMIT RF.Q111RE1tENTs: Section 10 Navigational Petnuts (COFi YES I ] NO I J Sex:tion 404 Penmt (COI:) YUS ] ] NO Rho ms Ri%m.lakes&Streams Pemat(11.DNR) YES ] ] NO I NPDES Pent (US/IL EPA) YES 1 1 NO MRSON RESFONSIBLF.FOR PREPARING THIS IxX'LIMENT: Laura Schraw,Interim Director of Parks&Recreation United City of Yorkville name&title(printed o r t}ped I Agency June 19, 2012 Signature date Attach list (bihliography)ofpersons. agencies. rekrences. etc. consulted in preparing this Environmental Assessment Statement. Reviewed By: Agenda Item Number �•n Legal ❑ CA#3b Finance ❑ EST. -� __ti 1838 Engineer ❑ City Administrator ■ Tracking Number m Human Resources F-1 C�"Sad Community Development El' EDC 2012-19 Parks&Recreation ALE Public Works ❑ Agenda Item Summary Memo Title: 2012 OSLAD Grant Cycle—Acquisition Meeting and Date: City Council—June 26, 2012 Synopsis: Park Board has recommended the Evergreen Farms parcel for acquisition through an OSLAD grant. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Accept Park Board's recommendation to proceed with acquisition grant application and approved DOC-3 Resolution of Authorization. Submitted by: Laura Schraw Parks & Recreation Name Department Agenda Item Notes: Applications are due by July 1St c►ry0 Memorandum esr. 1ss6 To: City Council From: Laura Schraw, Interim Director of Parks and Recreation t X11 co CC: Tim Evans, Superintendent of Recreation �� Scott Sleezer, Superintendent of Parks <LE r° Date: June 20, 2012 Subject: Evergreen Farms Acquisition Park Board has recommended the Evergreen Farms parcel for acquisition through an OSLAD grant. This parcel is 48.88 acres in size. Development plans include an amphitheatre/performance area, dog park, and youth tackle football fields/soccer fields. All of these elements are either lacking in Yorkville or are not meeting our current needs. A parking lot and walking path will service the area. The remaining acreage will be used for multipurpose open space and can be later designed for whatever uses meet the needs of the community. This parcel must be opened to the public within one year of acquisition, development must begin within 3 years and completed within 5 years. Since the Committee of the Whole meeting, staff has spoken with the IDNR Grant Administrator about acquisition of this parcel and additional information has been provided for your consideration. • If we apply for this grant and find out that the property has been sold we can withdraw our application as long as it is prior to the presentations/public hearing (which are typically in September or October) and we would not be debarred (2 year penalty prior to us being allowed to apply for another grant again.) • If we apply for the grant, present at the OSLAD hearing, and during which any time after our presentation the property is sold, we would be debarred for 2 years from all Division of Grant Administration programs. This applies too if we are awarded the grant and we go to purchase the property and a purchase price cannot be agreed upon. This information was provided to Park Board after our last meeting. No members have contacted me with concern over this information as of the time of this memo. The property owner is interested in selling and stated that he has a party interested but no property has been sold. c►ry0 Memorandum EST. 1ss6 To: Committee of the Whole Bart Olson, City Administrator OX11 ft co From: Laura Schraw, Interim Director of Parks & Recreation °°° °, �4 CC: Scott Sleezer, Superintendent of Parks Date: June 7, 2012 Subject: 2012 OSLAD Acquisition Grant Summary Discussion of the OSLAD acquisition grant process, in anticipation for a discussion on specific properties at the June 26th City Council meeting. Background The Land and Water Conservation Fund program was enacted to establish a specific federal funding source to assist federal and state agencies in meeting present and future outdoor recreation needs of the country. The Act provides funds for federal acquisition and development of public outdoor recreation lands and authorizes a 50%reimbursement grant-in-aid program for state outdoor recreation planning, acquisition and development initiatives. Funds for the program are derived from a portion of the revenues generated through off-shore mineral deposit receipts, user fees at designated federal recreation areas, federal tax on motor boat fuels, and net proceeds from the sale of surplus federal real property. The limit of any one project in a given year is $750,000 for approved land acquisition projects. Applications must be for a single site, recreation development initiated within 3 years of the site acquisition and completed within 5 years. The land must be open within a year of purchase and remain open during development at all times for public use. The City is not allowed to pre-negotiate any land price prior to applying for the OSLAD grant, nor prior to receiving award of the grant. At this time, the City is only allowed to inquire as to whether or not properties are available for purchase. The acquisition grant is allowed to be matched with donated land, not land that is required to be donated as part of the land cash ordinance. The property along Kennedy Road currently being held by Corlands will be used as a land match for this grant. The land acquired through the grant can be worth up to $750,000,we can acquire up to $750,000 of the Corlands property to match this, and the state will reimburse up to $750,000 in cash. Ultimately, if the land acquired through the grant is $750,000 or less and is matched with land that Corlands is currently holding for the City, the City will not spend any money to acquire property. On Thursday June 14th the Park Board will be reviewing three potential properties and then recommending one property to the City Council for approval for an OSLAD grant at the June 26th City Council meeting. Grant applications are due by July 1 st. Staff is seeking concurrence from the City Council to proceed with an acquisition grant. STATE OF ILLINOIS/1DNR DOC-3 RESOLUTION OF AUTHORIZATION OSLAD/LWCF PROJECT APPLICATION 1. Project Sponsor: United City of Yorkville 2. Project Title:Evergreen f=arms Acquisition The United City of Yorkville hereby certifies and acknowledges that it has 100%of the funds 41.1 protect spcmunl necessary (includes cash and value of donated land)to complete the pending OSLAD/LWCF project within the timeframes specified herein for project execution,and that failure to adhere to the specified project timeframe or failure to proceed with the project because of insufficient funds or change in local recreation priorities is sufficient cause for project grant termination which will also result in the ineligibility of the local project sponsor for subsequent Illinois DNR outdoor recreation grant assistance consideration in the next two(2)consecutive grant cycles following project termination. Acquisition and Development Projects It is understood that the project should be completed within the timeframe established in the project agreement and the Final Billing reinrbursenrent request will he submitted to IDNR as soon as possible grter project completion. The United City of Yorkville further acknowledges and certifies that it will comply with all (o—T pio,.a cpanwr) terms,conditions and regulations of 1)the Open Space Lands Acquisition and Development(OSLAD)program(17 IL Adm. Code 3025)or federal Land&Water Conservation Fund(LWCF)program(17 I L Adm.Code 3030),as applicable,2)the federal Uniform Relocation Assistance& Real Property Acquisition Policies Act of 1970(P.L.91-646)and/or the Illinois Displaced Persons Relocation Act(3 10 ILCS 40 et.seq.),as applicable,3)the Illinois Human Rights Act(775 ILCS 511-101 et.seq.),4) Title VI of the Civil Rights Act of 1964,(P.L.83-352),5)the Age Discrimination Act of 1975(P.L.94-135),6)the Civil Rights Restoration Act of 1988,(P.L. 100-259)and 7)the Americans with Disabilities Act of 1990(PL 101-336);and will maintain the project area in an attractive and safe conditions,keep the facilities open to the general public during reasonable hours consistent with the type of facility,and obtain from the Illinois DNR written approval for any change or conversion of approved outdoor recreation use of the project site prior to initiating such change or conversion;and for property acquired with OSLAD/LWCF assistance,agree to place a covenant restriction on the project property deed at the time of recording that stipulates the property must be used,in perpetuity,for public outdoor recreation purposes in accordance with the OSLAD/LWCF programs and cannot be sold or exchanged,in whole or part,to another party without approval from the Illinois DNR. BE IT FURTHER PROVIDED that the United City of Yorkville certifies to the best of its 11mal pro)&&.Tmw. r) knowledge that the information provided within the attached application is true and correct. This Resolution of Authorization has been duly discussed and adopted by the united City of Yorkville (boat proleci sponsor) at a legal meeting held on the day of 20 (Authorized Signature) ATTESTED BY: (title) (title) Rev.3107 Reviewed By: Agenda Item Number 606 Legal ❑ CA#4 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number Human Resources ❑ `=Q Community Development PC 2012-01 Police ALE � Public Works ❑ Agenda Item Summary Memo Title: Proposed Text Amendment to the Planned Unit Development (PUD) Ordinance Meeting and Date: City Council/June 26, 2012 Synopsis: Proposed text amendment to the Planned Unit Development(PUD) Ordinance. Council Action Previously Taken: Date of Action: 6/12/12 Action Taken: COW Recommended for approval Item Number: PC 2012-01 Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble Community Development Director Name Department Agenda Item Notes: See attached memorandum. sir Memorandum 0 a' To: City Council EST. ! W- 1836 From: Krysti J. Barksdale-Noble, Community Development Director -�� CC: Bart Olson, City Administrator Date: June 19, 2012 Subject: PC 2012-01 —Proposed Text Amendment to the Planned Unit Development Kendae t°unTy Lj<kE �. (PUD) Ordinance Attached is an ordinance approving the proposed revisions to Chapter 14: Planned Unit Development(PUD) of the City's Zoning Ordinance, as recommended by the Committee of the Whole at the June 12th meeting. Since that time, staff has made a few minor typographical and grammatical revisions to the text which does not alter the intent or context of the originally presented document. For your reference, the changes are enumerated below and provided in a red-lined version attached for your review. 10-13-2C Changed"Chapter 6: Permitted and Special Uses"to "Title" Changed"10-4-9"to "10-14-6" 10-13-21) Delete this subsection which reads "Bulk regulations set forth in the Zoning Ordinance shall not apply to Planned Unit Developments;provided, however, that the off-street parking and loading regulations set forth in Chapter 18 of this Title shall apply to all Planned Unit Developments. " as this is redundant and addressed in 10-13-10.2 and 10-13-11C. 10-13-7F Inserted"Representative" after"Park Board" 10-13-8G Inserted"Representative" after"Park Board" 10-13-I IG Inserted", as amended," after"Guidelines" Prior 10-13-13 Deleted, as now Section 2 of the ordinance 10-13-14 Changed to "10-13-13" Prior 10-13-15 Deleted, as now Section 3 of the ordinance Staff will be available at Tuesday night's meeting to answer any questions or provide additional information,if needed. CHAPTER 13 Planned Unit Development SECTION: 10-13-1: Purpose and Intent 10-13-2: Authority 10-13-3: Definition and Size Limitations 10-13-4: Procedures for Establishment 10-13-5: Pre-Application Conference 10-13-6: Concept PUD Plan Review 10-13-7: Preliminary PUD Plat 10-13-8: Final PUD Plat 10-13-9: Amendments or Minor Revisions to PUD Plat 10-13-10: Conditions for Approval 10-13-11: Development Standards and Design Criteria 10-13-12: Fees 10-13-13: Separability 10-13-14: Effective Period of Planned Unit Development 10-13-15: Effective Date 10-13-1: PURPOSE AND INTENT: Planned Unit Developments are unique and differ substantially from conventional subdivisions and therefore require administrative processing as "Special Uses"under this Title. Planned Unit Developments are a complex type of Special Use, potentially consisting of various land uses and design elements, requiring the establishment of more specific procedures, standards and exceptions from the strict application of the zoning district regulations to guide the recommendations of the Plan Commission and the action of the City Council. The purpose of this chapter, therefore, is to provide for an alternative zoning procedure under which land can be developed or redeveloped with innovation, increased amenities and creative environmental and architectural design than would be possible to achieve under the otherwise standard zoning district regulations while being in general compliance with the planning objectives and intent of the zoning ordinance. Under this procedure, well planned residential, industrial/manufacturing, commercial and other types of land uses, individually or in combination, may be developed with design flexibility allowing for full utilization of the topographical and environmental characteristics of the site. Planned Unit Developments must have an approved development plan which provides for a unified design, contiguity between various elements and be environmentally compatible with the surrounding area. There should be an increased benefit upon the health, safety and general welfare of the public and particularly, in the immediate surroundings,than developments built in conformity with the underlying district regulations. If building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD;then the amount of open space,retention of existing vegetation, buffer areas, new landscape, public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. The Planned Unit Development is not intended to be a mechanism solely used for the allowance of 1 increased densities or as a means of circumventing the bulk regulations or zoning standards under this Title, rather a Planned Unit Development shall generally provide attributes in excess of conventional city zoning, building and other land use requirements such as,but not limited to the following: A. Providing a maximum choice of the overall living environment through a variety of type, design and layout of residential structures, commercial and industrial buildings, office and research uses and public facilities; B.Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; C.Promoting a more useful pattern of dedicated open space and recreation areas incorporated as part of the development plan and that is compatible with the immediate vicinity; D. Provide public access and pedestrian connectivity via bicycle/recreational paths, sidewalks and/or alternative modes of transportation. E. Providing and or preserving substantial landscaping with emphasis given to streetscape areas, buffer zones, and the provision of significant landscaping(in terms of size of landscape areas and quantity and quality of landscape materials)within the developed portions of the site; F. Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of building materials, signage and way-finding standards as well as design elements. Generic corporate architecture and big box designs are strongly discouraged but not prohibited.Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials should be addressed; G. Retain, utilize and incorporate historic features on the project site into the overall project design, if physically and economically feasible;and/or H. Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large-scale commercial developments. I. Encourage high-quality planned industrial park environments and well-designed business centers for single or multiple-tenant facilities. J. Provide/enhance regional public infrastructure such as roadways, water/sanitary service, storm water management objectives. 10-13-2: AUTHORITY: A. The Plan Commission shall review and recommend approval, approval with modification or denial of applications for Planned Unit Developments. The City Council shall have final decision to approve, approve with modification,or deny applications for Planned Unit Developments. B. The procedures set forth in this chapter shall apply to all Planned Unit Developments. C. Planned Unit Developments may be allowed in each of the zoning districts in the United City of Yorkville only as a Special Use as prescribed in Chapter- 6: -Pe f it4ed and Speei l T T^°°Title and approved pursuant to the procedures set forth in Section 10 4 910-4-6 of this Title. 2 P. Bulk fegulatiens set fei4la in the Zening Or-difianee sliall net apply te -Planned Unit ; pr-evided, however-, that the Off Stfeet Par-king and Leading r-egulatiens set forth in Chapter- 18 ef Title stall ply to all Planned Unit Develepments. 10-13-3: DEFINITION AND SIZE LIMITATIONS: A Planned Unit Development is a tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, and which is at least four (4) acres in area, except for planned developments operated by a municipal corporation which shall be at least two (2)acres in area, and Planned Unit Developments in manufacturing districts which shall be at least ten(10)acres in area. All land area within a Planned Unit Development must be contiguous;provided that properties separated by highways, streets, public ways, railroads or other public utility right-of-ways may be deemed contiguous for the purpose of qualifying as a Planned Unit Development. Pursuant to the procedures set herein, the establishment of a Planned Unit Development shall be applicable to the addition of property to an existing Planned Unit Development. 10-13-4: PROCEDURES FOR ESTABLISHMENT: A. Planned Unit Development applications shall be made as hereinafter provided and shall be accompanied by the required plats and documents.Detailed plans, drawings and other information as specified in this Title shall be required at the time of the various phases,meetings and hearings as detailed herein.Each stage shall be reviewed and certified by the Zoning Administrator as being in accordance with the Planned Unit Development requirements before proceeding to the next stages.The approval process shall include the following stages: 1. Pre-Application Conference- Introductory meeting held with City staff as set forth in Section 10-13-5 of this Chapter. 2. Concept PUD Plan Review- An informal review of overall concept conducted by the City Council to provide constructive feedback to petitioner of plan as set forth in Section 10-13-6 of this Chapter. 3. Preliminary PUD Plat- First,a technical review of detailed plans by various city departments at a Plan Council meeting is held;a public hearing is then conducted by the Plan Commission; and final determination is made by the City Council,as set forth in Section 10-13-7 of this Chapter. 4. Final PUD Plat- A public hearing is then conducted by the Plan Commission with final determination made by the City Council,as set forth in Section 10-13-8 of this Chapter. B. The final two (2) stages of the PUD process, Preliminary PUD Plat and Final PUD Plat, may be submitted and reviewed concurrently, as determined by the Plan Council, based upon the following criteria: 3 1.The PUD plan forwards the goals of the city's planning objectives and official plans, including but not limited to, the Integrated Transportation Plan, Downtown Vision Plan, Stormwater Management Plan and various watershed development plans. 2.The PUD plan requires limited variances from the use or bulk regulations of the conventional/underlying zoning district in which it is to be located. 3.The benefit of the PUD plan shall forward or exceed the goals of the stated development standards and regulations of city ordinances, which include but are not limited to, the Subdivision Control Ordinance, Landscape Ordinance, Sign Ordinance, Design Guidelines and Water Conservation Ordinance. 10-13-5: PRE-APPLICATION CONFERENCE: A. Purpose: The purpose of the pre-application conference is to provide information, guidance and assistance to the applicant before preparation of the concept plan so that the applicant may receive informal input on: 1.Whether the proposed Planned Unit Development will be in conformity with the planning and other development goals and the policies of the United City of Yorkville. 2. Whether the existing zoning and land use in the general area of the Planned Unit Development is appropriate for a Planned Unit Development. B. Procedure: Prior to filing an application for approval of a Planned Unit Development, the petitioner shall be required to contact the city administrator or his designee to arrange an informal pre-application meeting with city staff and its consultants. 1. The pre-application conference is mandatory and shall be held with staff,but is at no charge to the petitioner.At such conference,the applicant shall provide information relating to the following: a. The location of the proposed Planned Unit Development; b. The land use types and approximate area of proposed land uses; C. A list of any and all exceptions to the zoning ordinance and subdivision regulations requested;and d. Other information pertinent to the proposed Planned Unit Development. 2. The pre-application conference shall be an informal communication and discussion of the proposed Planned Unit Development, and no commitments shall be given, nor shall statements or opinions of the city staff and its consultants be deemed binding. 3. Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the city and advise the applicant on the information, documents,exhibits,and drawings on the proposal that should be included in the application to the city for a Planned Unit Development. (Ord.2006-40,5-23-2006) 4 10-13-6: CONCEPT PUD PLAN REVIEW: A. Purpose: The presentation of a Concept PUD Plan is optional.The purpose of the Concept PUD Plan is to enable the applicant to obtain the informal feedback from the city staff and City Council regarding the overall project concept, density and dwelling unit or land use type prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. B. Procedure: Not less than forty-five (45) days before the next available City Council meeting, the applicant shall submit to the City for review the conceptual Planned Unit Development plan. The submittal shall consist of twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form,two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fee. 3. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial photograph exhibit shall be one-inch equals one-hundred(1"= 100) scale,but no less than one-inch equals four hundred(1"=400)and shall include the following: a.Title or Name of the proposed Planned Unit Development. b. Outline of property boundaries. c.Adjacent area within one-fourth(I/4)mile of property. 3. A zoning plat including a legal description of the property with total property acreage notated to be included in the Planned Unit Development. 4. A written explanation of the general character of the proposed Planned Unit Development that shall include the following: a. A description of all proposed land uses(including open space)with percentages of each use; b. Projected densities and housing type for each residential use; c. A description of the development standards and design criteria applicable to the proposed Planned Unit Development; d. An outline describing why the property should be developed as a Planned Unit Development; e. Identification of the conventional zoning classification allowing the uses for each land use type included and compatibility to the future land use designation for the property in the City's official Comprehensive Plan; f. Identification of existing uses and zoning of adjacent properties to the Planned Unit Development. g.A list of requested exceptions to applicable city ordinances and codes. 5 5. A written description of general site information that should includc, but shall not be limitcd to, the following,if known or available: a. Existing site conditions. b. Environmental characteristics. c. Availability of community facilities and utilities. d. Existing covenants. 6. A conceptual Planned Unit Development sketch or land plan. The sketch or land plan shall provide sufficient detail to demonstrate the physical relationship between the existing land condition, surrounding land uses and the proposed Planned Unit Development,and shall include the following: a.North arrow(true meridian),scale and date of preparation. b.Name and address of the site planner, or engineer who prepared the plan. c.Name of property owner. d.Name of petitioner/developer. e.Proposed name of the Planned Unit Development. f. Location map showing the location of the Planned Unit Development within or proximity to the corporate boundaries. g.Boundary and/or property lines of proposed development and dimensions of the lots into which the property is proposed to be subdivided. h. Proposed land uses, and total acreage and percent of the site devoted to each land use including minimum and average lot sizes and proposed dedication of land for school and park sites, if applicable. C. City Council Review: The City Council shall conduct an informal review of the conceptual Planned Unit Development plan and supporting documentation and provide the applicant with general comments on the following: 1. Compatibility of the proposal with the transportation plan, zoning ordinance, subdivision ordinance and land use planning goals and objectives of the city. 2. Appropriateness of the proposed land uses. 3. General layout of open space, streets,parking areas,lots and buildings. 4. Other information the City Council would recommend be prepared for the preliminary Planned Unit Development plan phase. 10-13-7: PRELIMINARY PUD PLAT: 6 A. Purpose: The purpose of the Preliminary PUD Plat submission is to obtain approval from the City that the plans the applicant intends to prepare and follow are acceptable as a Preliminary PUD Plat,and that any final plans will be approved provided they substantially conform to the Preliminary Planned Unit Development Plat. Approval of the Preliminary Planned Unit Development Plat shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. B. Procedure: Not less than forty five (45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk's Office for Preliminary Planned Unit Development Plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a 10"x 13" envelope and two (2) electronic copies of the following documentation: 1.A completed notarized application form,two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 3. Disclosure of beneficiaries form and statement of present and proposed ownership of all land within the development. 4. An aerial photograph exhibit of the property taken within the last two (2) years of the adjacent area within one-fourth (1/4) mile of property. The aerial photograph exhibit shall be one-inch equals one-hundred(1"= 100)scale,but no less than one-inch equals four hundred(1"=400). 5. Written explanation of the character of the Planned Unit Development and the reasons why it has been planned to vary from the conventional Zoning Ordinance regulations. This explanation shall detail how the proposed Planned Unit Development meets the objectives of all official plans which affect the subject property. 6. Preliminary Planned Unit Development Plat. The plat shall be a detailed plan which includes at a minimum,the following information: a. Title notation stating"Preliminary Plat"or"Preliminary Plan". b. North arrow, scale(not less than 1 inch equals 100 feet)and date of preparation. c. Name and address of the site planner,engineer or surveyor who prepared the plan. d. Name of property owner. e. Name of petitioner/developer. f. Proposed name of the Planned Unit Development or subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County. g. Location map showing the general area of the Planned Unit Development within or proximity to the corporate boundaries. h. Legal description prepared by a registered land surveyor. i. Boundary lines—bearings and distances. 7 j. Site data,including,as applicable: 1) Current zoning classification. 2) Total area of property in square feet and acreage, and percentage of each proposed land use. 3) Square footage and percent of site coverage with buildings. 4) Square footage and percent of site coverage with impervious surfaces. 5) Square footage and percent of site covered dedicated to common open space such as storm water management systems, landscaping and buffers, parks, trail corridors and recreational areas. 6) Total number of off-street parking and loading spaces provided and method used to calculate the number of required spaces for each land use. 7) Total number of buildings. 8) Total number of residential dwelling units by type, and the number of bedrooms in each dwelling unit type. 9) Gross Floor Area for all non-residential buildings/uses. 10) Gross and net densities for the overall Planned Unit Development and for each land use. a. Residential Density: Provide information on the density of residential uses, including dwelling units per acre, dwelling units per net acre; gross and net residential density (dwelling units per acre of land devoted to residential sectors of the PUD; gross being all land, net being gross acres minus land used for public or common usage). Information should also be provided for each unit in the Planned Unit Development,if applicable. b. Non-Residential Intensity: Provide information on the type and amount of non-residential uses including building locations, sizes, floor area ratio, building height,the amount and location of common open space. 11) Minimum,maximum and average lot sizes. 12) Percent of lot coverage for all uses except detached single-family and duplex. k. Depiction of Lots: 8 a. Residential lots shall depict approximate lot dimensions;building footprints for all multi- family and single-family attached structures;and dimensioned required yard setbacks. b. Non-residential lots shall depict building footprints and dimensioned setbacks. Information regarding purpose/use and height of non-residential buildings shall also be provided. 1. Existing zoning and land use of adjacent property within five hundred feet(500') of all sides of the site. m. Other conditions of adjoining land — owners of un-platted land; subdivision plat name, recording date and number of adjoining platted land; actual direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines and towers. n. Municipal limits. o. School district boundaries. p. Existing easements—location,width and purpose. q. Location of existing streets in, and adjacent to, the property including: street name, right-of-way width,existing and proposed center lines,pavement type,walks,trails,curbs,gutters,culverts,etc. r. Proposed public improvements such as highways and other major improvements planned by public authorities for future construction on or near the property. s. Existing utilities on, and adjacent to, the property including: location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines (above and below ground) and street lights; direction and distance to, and size of nearest water mains and sewers adjacent to the property showing invert elevations. t. Ground elevations on the property and on the first fifty feet (50') of all adjacent parcels showing a minimum of one foot(1')contours for land which slopes less than one-half percent('/2%) along with all breaks in grades, and all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions; for land that slopes more than one-half percent (1/2%) showing a minimum of two foot (2') contours. Any land within the one hundred (100) year floodplain,as determined by the City Engineer or an outside consultant, shall also be shown. u. Subsurface conditions on the property shall be shown,if deemed required by the City Engineer or an outside consultant. This includes the location and results of tests made to subsurface soil, rock and 9 groundwater conditions,depth to groundwater,unless test pits are dry at a depth of fifteen feet(15'); location and results of a soil percolation test if individual sewage disposal systems are proposed. v. Water courses, marshes, rock outcrop, wooded areas, existing vegetation, isolated trees four inches (4")or more in diameter at breast height,existing structures and other significant features. w. Location of all proposed off-street parking and loading areas, including dimensions of parking spaces,drive aisles and loading zones. x. Configuration of all land proposed as open space including storm water management areas, parks, buffers,and trail corridors. y. All sites to be conveyed, dedicated, or reserved for parks, school sites,public buildings, and similar public and quasi-public uses. z. Pedestrian and/or bicycle circulation systems. aa.Limits of jurisdictional and non jurisdictional wetlands. bb.Any other data reasonably necessary to provide an accurate overview of the proposed development. 7. Preliminary landscape plan indicating the name, variety, size, location and quantities of plant material for all common and dedicated areas including parkways, buffer areas, storm water basins, wetlands, entry areas,medians,and parking lot islands. The landscape plan shall also depict permanent signs and street fixtures,and a detail plan of landscaping for a typical building area. 8. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan. The proposed plan shall illustrate an appropriate location and dimensions of all sanitary sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts and storm water retention/detention areas,as well as all utility easements,and be accompanied with: a.A feasibility report or statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. b.Preliminary stormwater report. c.Preliminary mass grading plan. d.Traffic analysis or study, prepared by a transportation engineer or planner, which analyzes the impact caused by the Planned Unit Development on the street and highway systems. 9. Architectural drawings. Preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: 10 a. Typical elevations(front,rear and side)for proposed residential and nonresidential buildings,which identify materials and color styling proposed for all elements of the building. b.Proposed building heights. c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. 10. Development Plan Schedule indicating: a. Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. b. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. c. Dates for beginning and completion of each stage. 11. The Plan Commission or City Council may require preparation and submittal, at the petitioner's expense, of the following for review and evaluation: a.Fiscal impact study,detailing the estimated cost which the Planned Unit Development will have on all taxing bodies, and anticipated revenues to such taxing bodies which will be realized from each phase of development.Information shall include detailed estimates on: 1) Expected population of the development; 2) Impact on service and/or operating costs to be incurred by each taxing body as a result of the development; 3) Any major capital investments required, in part or in whole, by each taxing body due to the development; b.Proposed covenants,conditions and restrictions and/or homeowner association bylaws. c. Environmental analysis or study, prepared by an environmental specialist, which analyzes the major impacts the Planned Unit Development may have on the environment including, but not limited to,the effects on discrete ecosystems, deteriorated air quality in the immediate vicinity and along arterial and collector roadways leading to the Planned Unit Development from a specified distance determined by the City Engineer or consultant; any deterioration in the groundwater or surface water quality; effect on sensitive land areas such as floodplains, wetlands, forests, aquifer recharge areas,historic buildings or structures,prairie landscapes,and mineral resource reserves. d. Market study indicating the extent of market demand for the uses proposed in the Planned Unit Development including an analysis of demographics, sales potentials, competitive alignment, an assessment of the market share or opportunity gaps, and marketing positioning of each component of the Planned Unit Development. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the Plan Council. The Plan Council shall review the Preliminary Planned Unit Development Plat and supporting documentation 11 and make a recommendation to the Plan Commission as to the proposal's compatibility with the city's planning objectives, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance,annexation agreement,and other goals and policies for developing the city. D. Plan Commission Review: The Plan Commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the Plan Commission shall recommend to the City Council approval or denial of the Preliminary Planned Unit Development Plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. D. Park Board Representative: When applicable for the Park Board's review of the Preliminary Planned Unit Development Plat and supporting documentation, the Park Board shall have a representative present at the Plan Commission public hearing meeting for input and recommendation to the City Council. The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. 1) Park Board Representative's Purview (If Applicable): The Park Board Representative shall consider the following standards when considering the Preliminary Planned Unit Development Plat and supporting documentation: a.Compatibility of the proposal with the recreation master plan and park development standards. b.Layout and organization of the open space system. c.Compliance with the city's land-cash ordinance for parks. F. City Council Review: Subsequent to receiving the Plan Commission and Park Board Representative recommendations, the City Council shall conduct a public meeting and shall approve or deny the application for the Preliminary Planned Unit Development Plat. 10-13-8: FINAL PUD PLAT: A. Purpose: A Final Plat for the Planned Unit Development, suitable for recording with the Kendall County Recorder of Deeds, shall be prepared by the petitioner for consideration and approval by the city. The purpose of the Final PUD Plat submission is to designate and depict with particularity the land subdivided into lots, whether conventional or otherwise, common open space and building areas. The Final Plat shall also designate and limit the specific internal uses of buildings, structures, and uses of land, as well as provide any additional information or details required by the City Council when approving the Final PUD Plat. B. Procedure: Not less than forty five (45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk's Office for Final Planned Unit Development Plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form,two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 12 3. Final Planned Unit Development Plat. The plat shall be a detailed plan which includes, at a minimum,the following information: a) An accurate legal description of the entire area under the immediate development within the Planned Unit Development. b) A subdivision plat of all subdivided lands in the same form and meeting all the requirements of the Yorkville Subdivision Control Ordinance and Municipal Code. c) An accurate legal description of each separate unsubdivided use area,including common open space. d) Designation of exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put, including construction details. e) Illustrate center line elevations, pavement type, curbs, gutters, culverts, etc., and a proposed street numbering designation shall also be furnished for each building. I) Construction plans detailing the design, construction or installation of site amenities; including buildings, landscaping, storm water detention facilities and other site improvements. g) Certificates, seals, and signatures required for the dedication of land and recording of the document. h) Tabulations on each separate unsubdivided use area, including land area, number of buildings, and number of dwelling units per acre. i) Construction schedule—A final construction schedule indicating: i. Stages in which the project will be built, with emphasis on area, density, use of public facilities,and open space to be developed with each stage. ii. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. iii. Dates for beginning and completion of each stage. 4. Common Open Space Documents: All common open space, at the discretion of the City Council, shall be: a) Conveyed to a city or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefitting the owners and residents of the Planned Unit Development or adjoining property owners of any one or more of them. All lands conveyed hereunder shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space;or b) Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned Unit Development or adjoining property owners and/or both. c) Such documents shall also provide that the city shall have the right, but not the obligation, to perform necessary maintenance of the common open space, and shall have the authority to place a lien against the individually-owned property in the Planned Unit Development for the costs thereof. 13 5. Public and Quasi-Public Facilities — Guarantee of Performance: All public and quasi-public facilities and improvements made necessary as a result of the Planned Unit Development, including but not limited to,parks, schools,recreational areas, etc., shall guarantee the completion of such, as set forth in the Yorkville Subdivision Control Ordinance, except where varied by the approved Final Plat. 6. Final covenants,conditions and restrictions and/or homeowner association bylaws. 7. Delinquent Taxes — A certificate shall be furnished from the County Tax Collector that no delinquent taxes exist and that all special assessments constituting a lien on the whole,or any part, of the property of the Planned Unit Development have been paid. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the Plan Council. The Plan Council shall review the Final Planned Unit Development Plat and supporting documentation and make a recommendation to the Plan Commission as to the proposal's compatibility with the city's planning objectives, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance,annexation agreement,and other goals and policies for developing the city. D. Plan Commission Review: The Plan Commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the Plan Commission shall recommend to the City Council approval or denial of the Final Planned Unit Development Plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. F--.E.Park Board Representative: When applicable for the Park Board's review of the Final Planned Unit Development Plat and supporting documentation, the Park Board shall have a representative present at the Plan Commission public hearing meeting for input and recommendation to the City Council. The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. 1) Park Board Representative's Purview (If Applicable): The Park Board Representative shall consider the following standards when considering the Final Planned Unit Development Plat and supporting documentation: a.Compatibility of the proposal with the recreation master plan and park development standards. b.Layout and organization of the open space system. c.Compliance with the city's land-cash ordinance for parks. G. City Council Review: Subsequent to receiving the Plan Commission and Park Board Representative recommendations, the City Council shall conduct a public meeting and shall approve or deny the application for the Final Planned Unit Development Plat. 10-13-9: AMENDMENTS OR MINOR REVISIONS TO PUD: After the approval of the Final Planned Unit Development Plat, the use of land, construction, location of buildings and structures in the Planned Unit Development shall be developed in accordance with such approved plans,rather than by any other provisions of the zoning ordinance. Any changes,modifications or 14 alterations to the approved Final Planned Unit Development Plat shall be considered either a minor or a major modification. 1. No changes may be made to the approved Final Planned Unit Development Plat unless approved by the city. The nature of the requested change, either minor or major, to the Planned Unit Development will be determined by the City Administrator,or designee,as follows: A. Minor Changes: Minor changes to the Final PUD Plat are modifications or revisions that do not alter the overall intent of the PUD. Minor changes may be approved by the City Administrator, or designee if the proposed modification does not result in any of the following: i. An increase or decrease in overall density greater than five percent(5%). ii. An increase or decrease in the mixture of residential dwelling unit types greater than five percent(5%). iii. An increase or decrease in area for any land use or land use mixture greater than five percent(5%). iv. An increase or decrease in total number of parking spaces greater than five percent (5%). v. Any reduction in area of common open space, landscaping or buffering, particularly when reduced below the minimum standard prescribed in Section 10-13-11: Development Standards and Design Criteria. vi. Any significant changes in building layout,orientation or height of buildings. vii. A change in the functional classification of a roadway. Minor changes not approved by the City Administrator may be appealed by the applicant or property owner to the City Council without review and recommendation by the Plan Commission or Park Board Representative (when applicable), unless the City Council refers the request for a minor change to the Plan Commission or Park Board Representative (when applicable)for review and recommendation. B. Major Changes: Major changes to the Final PUD Plat are modifications which alter the concept or intent of the approved PUD exceeding the criteria set forth constituting a minor change. Major changes to the Final PUD Plat shall be subject to review and recommendation by the Plan Commission and Park Board Representative(when applicable)with final approval or denial determined by the City Council. C. Application for PUD Modification or Changes: For any modifications or changes resulting in an amendment to an approved Final PUD Plat, the applicant shall submit a revised plat and supporting data with an application for a major or minor change to the Clerk's Office in accordance with the following: i. The title of the plat shall indicate the nature of the change. ii. If a major change, the revised plat and supporting data with an application shall be submitted to the Clerk's Office not less than forty five (45) days before the Plan Commission meeting. D. Notice for Major Changes to PUD Plat: The notice for a major change to an approved Final PUD Plat shall conform to the requirements of Section 10-4-10:Amendments of this Title. 15 E. All approved major or minor changes to an approved Final PUD Plat shall be recorded with the County and shall be binding on the applicants, their successors, grantees and assigns and shall govern the development of the PUD,as set forth therein. 10-13-10: CONDITIONS FOR APPROVAL: The Plan Commission may recommend approval of a Special Use for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat for the proposed development or amendment upon considering the following: 1. In what respect does the design of the Planned Unit Development meet the requirements and design standards of the development standards and design criteria, 2. The extent to which the proposed plan deviates and/or requires waivers of the bulk regulations in the zoning ordinance and how the modifications in design standards from the subdivision control regulations fulfill the intent of those regulations. 3. The extent of public benefit produced by the Planned Unit Development, such as but not limited to, the adequacy of common open space and/or public recreational facilities provided; sufficient control over vehicular traffic; provision of public services; provision and protection of the reasonable enjoyment of the land. 4. The relationship and compatibility,beneficial or adverse, of the Planned Unit Development to the adjacent properties and nearby land uses. 5. The extent to which the Planned Unit Development fulfills the objectives of the future planning objectives or other planning policies of the City. 6. The Plan Commission finds that the Planned Unit Development satisfactorily meets the standards for Special Use as defined in Section 10-4-9 of this Title. 10-13-11: DEVELOPMENT STANDARDS AND DESIGN CRITERIA: A. Purpose: The purpose of this section is to establish and provide a comprehensive set of standards and guidelines in which Planned Unit Developments are designed. While specific recommendations for development and design are provided, flexibility is also encouraged through guidelines which enable individual developments to be distinct from one another while maintaining the inherent character of the city. B. Applicability: These standards and established criteria shall apply to all newly constructed buildings and sites within a Planned Unit Development. Each proposed development will be evaluated on its compliance with the established regulations/guidelines contained herein. C. Density: The density,minimum lot size and minimum setback dimension for each use proposed within a PUD shall be determined by the conventional zoning classification which would permit the proposed use unless a variance is specifically requested as part of the Special Use request. D. Use Regulations: Planned Unit Developments may be comprised of a single-type of land use or a mixture of land uses when applicable and when different intensity of land uses are appropriately buffered or separated. 16 1. Uses proposed shall be consistent with those listed as allowable uses in the respective zoning districts. 2. Uses listed as special uses in the zoning district in which the development is located may be allowed. E. The Plan Commission may recommend and the City Council may approve access to a dwelling by a driveway or pedestrian walk easement. Off street parking facilities for such dwelling shall be located not more than two hundred feet(200)from the dwelling served. F. The Plan Commission also may recommend and the City Council may approve yards of lesser widths or depths than required for permitted uses in the zoning classification which the planned development is including,provided: a. Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. b. That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and that due consideration is given to the openness normally afforded by intervening streets and alleys. c. The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district in which the planned unit development is included and the plan is developed to afford adequate protection to neighboring properties,i.e. fire protection and sufficient area needed for utility easements, as recommended by the Plan Commission and approved by the City Council. G. Design Criteria: All standards of the United City of Yorkville Design Guidelines (Ord. 2009-28), as amended, and the Section 7.00 Design Standards of the United City of Yorkville Subdivision Control Ordinance's shall apply to all Planned Unit Developments. 10-13-12: FEES: The approved charges and expenses for development fees, application fees, review fees and deposits for matters pertaining to this chapter shall be established by the City Council. These fees shall be approved by ordinance with a copy filed in the clerk's office and may be altered or amended from time to time,but only by City Council approval. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord.2006-40,5-23-2006) 10 13 13! S-EVERABILITY1 Eaeh section, clause and pr-ovision of this chapter-shall be eonsider-ed as separable,and the invalidity of one oF more shall not have any effeet upon the vali&5'Of Otkef- WetiORS, 61aHSOS OF PFOViSiORS OR (Or-El.2006 n n 5 23 20061 17 10-13-4413: EFFECTIVE PERIOD OF PLANNED UNIT DEVELOPMENT: A. The planned unit development shall be constructed in a timely manner. The planned unit development shall be subject to revocation under the following conditions: 1. Final Plat approval does not occur within twelve(12)months from the date of approval of the preliminary plat of a planned unit development. 2. Construction does not commence and proceed within three(3)years from the date of approval of the Final Plat of a Planned Unit Development. 3. The City Council may extend the time limits for Final Plat approval for no more than two(2) 12- month periods. Commencement for construction may also be extended by the City Council in one (1)year increments. B. The City Council may initiate or the owner of the parcel of land on which the Planned Unit Development is to be constructed may apply for the revocation of the Planned Unit Development. The owner shall be notified, in writing, at least thirty(30)days prior to the City Council's consideration of the revocation if initiated by the City Council. C. The City Council shall consider, but not be limited to, the following standards in the review of the status of the project construction to determine whether there is reasonable cause for delay: a. The original program of development with regard to market demand for the components included in the final plan; b. Conditions in the real estate finance market; c. General economic conditions in the local area,state or region; d. The ability and purposefulness of development operations for the Planned Unit Development;and e. Laws, ordinances or other regulations that may have affected timely development of the project. D. Upon consideration of the findings by the City Council regarding the standards in Subsection 10-13- 14-C,the City Council shall decide whether: a. To revoke those portions of the Planned Unit Development for which construction has not begun; b. To extend the time allotted for construction to commence based upon a revised schedule of construction,or c. To require special changes in the Planned Unit Development as a condition of a time extension, whereby such changes shall be deemed a"major change"to the Planned Unit Development. E. Upon revocation of a Planned Unit Development, the parcel of land shall conform to the permitted uses and other regulations of the underlying zoning district of which it is a Special Use unless an 18 amendment or other Special Use is initiated by the City Council or is applied for by the owner of the parcel of land on which the Planned Unit Development was to be constructed and granted by the City Council. 10 13 15: EFFECTIVE DATE: Ti, . This efdinaace sha4l be in full force and effeetive immediately aftef passage, approval and publication in book fefm aecofding to law,and its fegulations shall be in effeet exeept m4er-e a Final Plat fef Pianfled Unit DevelepfnepA has been appFoved and building per-mit issued pfier-to the enactment of this ordinance, and further- py-oviding that substantial change of position, expendituFes or- ifletiffenee of obligations by oF on or-dinanee. Applieations for-Coneept PUD Plan Review, oF amendments to approved Pr-elifninar-y PUD Pla o= Final = on Plat a==ae= the =o====e_ Planned o===t neoelapment (erd. 2006 4e, 5 23 2006) shall automatioally beeome null and void by the enaetment of this ordinanee, unless aeted upon prior to the 19 Ordinance No. 2012- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AMENDMENTS TO THE METHOD AND PROCEDURE OF ESTABLISHING PLANNED UNIT DEVELOPMENTS IN THE CITY 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 10-14-7 of the Yorkville Zoning Code the City may initiate amendments to the Yorkville Zoning Ordinance; and, WHEREAS, the City filed seeking an amendment to the Yorkville Zoning Code to comprehensively amend the method and procedures for the consideration of planned unit developments as special uses in the zoning districts of the Yorkville Zoning Ordinance; and, WHEREAS, Section 5/11-13-1.1 of the Illinois Municipal Code (65 ILCS 5/11-13-1.1) provides that the City may establish special uses in its zoning ordinance including the consideration of planned unit developments; and, WHEREAS, the Plan Commission convened and held a public hearing on the April 11, 2012, to consider the request to amend the planned unit development process and made a recommendation to the City Council to approve the requested text amendment. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2. That Title 10, Chapter 13 of the Yorkville City Code, as amended, be and is hereby repealed and replaced with Chapter 13 to read a follows: "CHAPTER 13 Planned Unit Development SECTION: 10-13-1: Purpose and Intent 10-13-2: Authority 10-13-3: Definition and Size Limitations 10-13-4: Procedures for Establishment 10-13-5: Pre-Application Conference 10-13-6: Concept PUD Plan Review Ordinance No.2012- Page 1 10-13-7: Preliminary PUD Plat 10-13-8: Final PUD Plat 10-13-9: Amendments or Minor Revisions to PUD Plat 10-13-10: Conditions for Approval 10-13-11: Development Standards and Design Criteria 10-13-12: Fees 10-13-13: Effective Period of Planned Unit Development 10-13-1: PURPOSE AND INTENT: A. Planned Unit Developments are unique and differ substantially from conventional subdivisions and therefore require administrative processing as "Special Uses" under this Title. Planned Unit Developments are a complex type of Special Use, potentially consisting of various land uses and design elements, requiring the establishment of more specific procedures, standards and exceptions from the strict application of the zoning district regulations to guide the recommendations of the Plan Commission and the action of the City Council. The purpose of this chapter, therefore, is to provide for an alternative zoning procedure under which land can be developed or redeveloped with innovation, increased amenities and creative environmental and architectural design than would be possible to achieve under the otherwise standard zoning district regulations while being in general compliance with the planning objectives and intent of the zoning ordinance. Under this procedure, well planned residential, industrial/manufacturing, commercial and other types of land uses, individually or in combination, may be developed with design flexibility allowing for full utilization of the topographical and environmental characteristics of the site. B. Planned Unit Developments must have an approved development plan which provides for a unified design, contiguity between various elements and be environmentally compatible with the surrounding area. There should be an increased benefit upon the health, safety and general welfare of the public and particularly, in the immediate surroundings, than developments built in conformity with the underlying district regulations. If building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD; then the amount of open space, retention of existing vegetation, buffer areas, new landscape, public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. C. The Planned Unit Development is not intended to be a mechanism solely used for the allowance of increased densities or as a means of circumventing the bulk regulations or zoning standards under this Title, rather a Planned Unit Development shall generally provide attributes in excess of conventional city zoning, building and other land use requirements such as, but not limited to the following: (1) Providing a maximum choice of the overall living environment through a variety of type, design and layout of residential structures, commercial and industrial buildings, office and research uses and public facilities; (2) Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; Ordinance No.2012- Page 2 (3) Promoting a more useful pattern of dedicated open space and recreation areas incorporated as part of the development plan and that is compatible with the immediate vicinity; (4) Provide public access and pedestrian connectivity via bicycle/recreational paths, sidewalks and/or alternative modes of transportation. (5) Providing and or preserving substantial landscaping with emphasis given to streetscape areas, buffer zones, and the provision of significant landscaping (in terms of size of landscape areas and quantity and quality of landscape materials) within the developed portions of the site; (6) Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of building materials, signage and way-finding standards as well as design elements. Generic corporate architecture and big box designs are strongly discouraged but not prohibited. Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials should be addressed; (7) Retain, utilize and incorporate historic features on the project site into the overall project design, if physically and economically feasible; and/or (8) Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large-scale commercial developments. (9) Encourage high-quality planned industrial park environments and well-designed business centers for single or multiple-tenant facilities. (10) Provide/enhance regional public infrastructure such as roadways, water/sanitary service, storm water management objectives. 10-13-2: AUTHORITY: A.The Plan Commission shall review and recommend approval, approval with modification or denial of applications for Planned Unit Developments. The City Council shall have final decision to approve, approve with modification, or deny applications for Planned Unit Developments. B. The procedures set forth in this chapter shall apply to all Planned Unit Developments. C. Planned Unit Developments may be allowed in each of the zoning districts in the United City of Yorkville only as a Special Use as prescribed in this Title and approved pursuant to the procedures set forth in Section 10-14-6 of this Title. 10-13-3: DEFINITION AND SIZE LIMITATIONS: Ordinance No.2012- Page 3 A. A Planned Unit Development is a tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, and which is at least four (4) acres in area, except for planned developments operated by a municipal corporation which shall be at least two (2) acres in area, and Planned Unit Developments in manufacturing districts which shall be at least ten (10) acres in area. B. All land area within a Planned Unit Development must be contiguous; provided that properties separated by highways, streets, public ways, railroads or other public utility right-of- ways may be deemed contiguous for the purpose of qualifying as a Planned Unit Development. Pursuant to the procedures set herein, the establishment of a Planned Unit Development shall be applicable to the addition of property to an existing Planned Unit Development. 10-13-4: PROCEDURES FOR ESTABLISHMENT: A. Planned Unit Development applications shall be made as hereinafter provided and shall be accompanied by the required plats and documents. Detailed plans, drawings and other information as specified in this Title shall be required at the time of the various phases, meetings and hearings as detailed herein. Each stage shall be reviewed and certified by the Zoning Administrator as being in accordance with the Planned Unit Development requirements before proceeding to the next stages. The approval process shall include the following stages: 1. Pre-Application Conference - Introductory meeting held with City staff as set forth in Section 10-13-5 of this Chapter. 2. Concept PUD Plan Review-An informal review of overall concept conducted by the City Council to provide constructive feedback to petitioner of plan as set forth in Section 10-13-6 of this Chapter. 3. Preliminary PUD Plat - First, a technical review of detailed plans by various city departments at a Plan Council meeting is held; a public hearing is then conducted by the Plan Commission; and final determination is made by the City Council, as set forth in Section 10-13-7 of this Chapter. 4. Final PUD Plat- A public hearing is then conducted by the Plan Commission with final determination made by the City Council, as set forth in Section 10-13-8 of this Chapter. B. The final two (2) stages of the PUD process, Preliminary PUD Plat and Final PUD Plat, may be submitted and reviewed concurrently, as determined by the Plan Council, based upon the following criteria: 1.The PUD plan forwards the goals of the city's planning objectives and official plans, including but not limited to, the Integrated Transportation Plan, Downtown Vision Plan, Stormwater Management Plan and various watershed development plans. 2.The PUD plan requires limited variances from the use or bulk regulations of the conventional/underlying zoning district in which it is to be located. Ordinance No.2012- Page 4 3.The benefit of the PUD plan shall forward or exceed the goals of the stated development standards and regulations of city ordinances, which include but are not limited to, the Subdivision Control Ordinance, Landscape Ordinance, Sign Ordinance, Design Guidelines and Water Conservation Ordinance. 10-13-5: PRE-APPLICATION CONFERENCE: A. Purpose: The purpose of the pre-application conference is to provide information, guidance and assistance to the applicant before preparation of the concept plan so that the applicant may receive informal input on: 1. Whether the proposed Planned Unit Development will be in conformity with the planning and other development goals and the policies of the United City of Yorkville. 2. Whether the existing zoning and land use in the general area of the Planned Unit Development is appropriate for a Planned Unit Development. B. Procedure: Prior to filing an application for approval of a Planned Unit Development, the petitioner shall be required to contact the city administrator or his designee to arrange an informal pre-application meeting with city staff and its consultants. 1. The pre-application conference is mandatory and shall be held with staff, but is at no charge to the petitioner. At such conference, the applicant shall provide information relating to the following: a. The location of the proposed Planned Unit Development; b. The land use types and approximate area of proposed land uses; c. A list of any and all exceptions to the zoning ordinance and subdivision regulations requested; and d. Other information pertinent to the proposed Planned Unit Development. 2. The pre-application conference shall be an informal communication and discussion of the proposed Planned Unit Development, and no commitments shall be given, nor shall statements or opinions of the city staff and its consultants be deemed binding. 3. Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the city and advise the applicant on the information, documents, exhibits, and drawings on the proposal that should be included in the application to the city for a Planned Unit Development. 10-13-6: CONCEPT PUD PLAN REVIEW: Ordinance No.2012- Page 5 A. Purpose: The presentation of a Concept PUD Plan is optional. The purpose of the Concept PUD Plan is to enable the applicant to obtain the informal feedback from the city staff and City Council regarding the overall project concept, density and dwelling unit or land use type prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. B. Procedure: Not less than forty-five (45) days before the next available City Council meeting, the applicant shall submit to the City for review the conceptual Planned Unit Development plan. The submittal shall consist of twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form, two (2) originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fee. 3. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial photograph exhibit shall be one-inch equals one-hundred (1" = 100) scale, but no less than one-inch equals four hundred(1"=400) and shall include the following: a. Title or Name of the proposed Planned Unit Development. b. Outline of property boundaries. c. Adjacent area within one-fourth(1/4)mile of property. 4. A zoning plat including a legal description of the property with total property acreage notated to be included in the Planned Unit Development. 5. A written explanation of the general character of the proposed Planned Unit Development that shall include the following: a. A description of all proposed land uses (including open space) with percentages of each use; b. Projected densities and housing type for each residential use; c. A description of the development standards and design criteria applicable to the proposed Planned Unit Development; d. An outline describing why the property should be developed as a Planned Unit Development; e. Identification of the conventional zoning classification allowing the uses for each land use type included and compatibility to the future land use designation for the property in the City's official Comprehensive Plan; Ordinance No.2012- Page 6 f. Identification of existing uses and zoning of adjacent properties to the Planned Unit Development. g. A list of requested exceptions to applicable city ordinances and codes. 6. A written description of general site information that should include, but shall not be limited to,the following, if known or available: a. Existing site conditions. b. Environmental characteristics. c. Availability of community facilities and utilities. d. Existing covenants. 7. A conceptual Planned Unit Development sketch or land plan. The sketch or land plan shall provide sufficient detail to demonstrate the physical relationship between the existing land condition, surrounding land uses and the proposed Planned Unit Development, and shall include the following: a. North arrow(true meridian), scale and date of preparation. b. Name and address of the site planner, or engineer who prepared the plan. c. Name of property owner. d.Name of petitioner/developer. e. Proposed name of the Planned Unit Development. f. Location map showing the location of the Planned Unit Development within or proximity to the corporate boundaries. g. Boundary and/or property lines of proposed development and dimensions of the lots into which the property is proposed to be subdivided. h. Proposed land uses, and total acreage and percent of the site devoted to each land use including minimum and average lot sizes and proposed dedication of land for school and park sites, if applicable. C. City Council Review: The City Council shall conduct an informal review of the conceptual Planned Unit Development plan and supporting documentation and provide the applicant with general comments on the following: Ordinance No.2012- Page 7 1. Compatibility of the proposal with the transportation plan, zoning ordinance, subdivision ordinance and land use planning goals and objectives of the city. 2. Appropriateness of the proposed land uses. 3. General layout of open space, streets, parking areas, lots and buildings. 4. Other information the City Council would recommend be prepared for the preliminary Planned Unit Development plan phase. 10-13-7: PRELIMINARY PUD PLAT: A. Purpose: The purpose of the Preliminary PUD Plat submission is to obtain approval from the City that the plans the applicant intends to prepare and follow are acceptable as a Preliminary PUD Plat, and that any final plans will be approved provided they substantially conform to the Preliminary Planned Unit Development Plat. Approval of the Preliminary Planned Unit Development Plat shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. B. Procedure: Not less than forty five (45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk's Office for Preliminary Planned Unit Development Plat approval. The applicant shall submit twenty(20) paper copies folded to fit in a 10"x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form, two (2) originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 3. Disclosure of beneficiaries form and statement of present and proposed ownership of all land within the development. 4. An aerial photograph exhibit of the property taken within the last two (2) years of the adjacent area within one-fourth (1/4) mile of property. The aerial photograph exhibit shall be one-inch equals one-hundred (1" = 100) scale, but no less than one-inch equals four hundred (1"=400). 5. Written explanation of the character of the Planned Unit Development and the reasons why it has been planned to vary from the conventional Zoning Ordinance regulations. This explanation shall detail how the proposed Planned Unit Development meets the objectives of all official plans which affect the subject property. 6. Preliminary Planned Unit Development Plat. The plat shall be a detailed plan which includes at a minimum, the following information: Ordinance No.2012- Page 8 a. Title notation stating"Preliminary Plat" or"Preliminary Plan". b. North arrow, scale (not less than 1 inch equals 100 feet) and date of preparation. c. Name and address of the site planner, engineer or surveyor who prepared the plan. d. Name of property owner. e. Name of petitioner/developer. f. Proposed name of the Planned Unit Development or subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County. g. Location map showing the general area of the Planned Unit Development within or proximity to the corporate boundaries. h. Legal description prepared by a registered land surveyor. i. Boundary lines—bearings and distances. j. Site data, including, as applicable: 1) Current zoning classification. 2) Total area of property in square feet and acreage, and percentage of each proposed land use. 3) Square footage and percent of site coverage with buildings. 4) Square footage and percent of site coverage with impervious surfaces. 5) Square footage and percent of site covered dedicated to common open space such as storm water management systems, landscaping and buffers, parks, trail corridors and recreational areas. 6) Total number of off-street parking and loading spaces provided and method used to calculate the number of required spaces for each land use. 7) Total number of buildings. Ordinance No.2012- Page 9 8) Total number of residential dwelling units by type, and the number of bedrooms in each dwelling unit type. 9) Gross Floor Area for all non-residential buildings/uses. 10)Gross and net densities for the overall Planned Unit Development and for each land use. a. Residential Density: Provide information on the density of residential uses, including dwelling units per acre, dwelling units per net acre; gross and net residential density (dwelling units per acre of land devoted to residential sectors of the PUD; gross being all land, net being gross acres minus land used for public or common usage). Information should also be provided for each unit in the Planned Unit Development, if applicable. b. Non-Residential Intensity: Provide information on the type and amount of non-residential uses including building locations, sizes, floor area ratio, building height, the amount and location of common open space. 11)Minimum, maximum and average lot sizes. 12)Percent of lot coverage for all uses except detached single-family and duplex. k. Depiction of Lots: a. Residential lots shall depict approximate lot dimensions; building footprints for all multi-family and single-family attached structures; and dimensioned required yard setbacks. b. Non-residential lots shall depict building footprints and dimensioned setbacks. Information regarding purpose/use and height of non-residential buildings shall also be provided. 1. Existing zoning and land use of adjacent property within five hundred feet (500') of all sides of the site. Ordinance No.2012- Page 10 m.Other conditions of adjoining land — owners of un-platted land; subdivision plat name, recording date and number of adjoining platted land; actual direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines and towers. n. Municipal limits. o. School district boundaries. p. Existing easements—location, width and purpose. q. Location of existing streets in, and adjacent to, the property including: street name, right- of-way width, existing and proposed center lines, pavement type, walks, trails, curbs, gutters, culverts, etc. r. Proposed public improvements such as highways and other major improvements planned by public authorities for future construction on or near the property. s. Existing utilities on, and adjacent to, the property including: location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines (above and below ground) and street lights; direction and distance to, and size of nearest water mains and sewers adjacent to the property showing invert elevations. t. Ground elevations on the property and on the first fifty feet (50') of all adjacent parcels showing a minimum of one foot (1') contours for land which slopes less than one-half percent (1/2%) along with all breaks in grades, and all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions; for land that slopes more than one-half percent (1/2%) showing a minimum of two foot (2') contours. Any land within the one hundred(100) year floodplain, as determined by the City Engineer or an outside consultant, shall also be shown. u. Subsurface conditions on the property shall be shown, if deemed required by the City Engineer or an outside consultant. This includes the location and results of tests made to subsurface soil, rock and groundwater conditions, depth to groundwater, unless test pits are Ordinance No.2012- Page 11 dry at a depth of fifteen feet (15'); location and results of a soil percolation test if individual sewage disposal systems are proposed. v. Water courses, marshes, rock outcrop, wooded areas, existing vegetation, isolated trees four inches (4") or more in diameter at breast height, existing structures and other significant features. w.Location of all proposed off-street parking and loading areas, including dimensions of parking spaces, drive aisles and loading zones. x. Configuration of all land proposed as open space including storm water management areas, parks,buffers, and trail corridors. y. All sites to be conveyed, dedicated, or reserved for parks, school sites, public buildings, and similar public and quasi-public uses. z. Pedestrian and/or bicycle circulation systems. aa. Limits of jurisdictional and non jurisdictional wetlands. bb. Any other data reasonably necessary to provide an accurate overview of the proposed development. 7. Preliminary landscape plan indicating the name, variety, size, location and quantities of plant material for all common and dedicated areas including parkways, buffer areas, storm water basins, wetlands, entry areas, medians, and parking lot islands. The landscape plan shall also depict permanent signs and street fixtures, and a detail plan of landscaping for a typical building area. 8. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan. The proposed plan shall illustrate an appropriate location and dimensions of all sanitary sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts and storm water retention/detention areas, as well as all utility easements, and be accompanied with: Ordinance No.2012- Page 12 a.A feasibility report or statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. b. Preliminary stormwater report. c.Preliminary mass grading plan. d. Traffic analysis or study, prepared by a transportation engineer or planner, which analyzes the impact caused by the Planned Unit Development on the street and highway systems. 9. Architectural drawings. Preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: a. Typical elevations (front, rear and side) for proposed residential and nonresidential buildings, which identify materials and color styling proposed for all elements of the building. b. Proposed building heights. c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. 10. Development Plan Schedule indicating: a. Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. b. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. c. Dates for beginning and completion of each stage. 11. The Plan Commission or City Council may require preparation and submittal, at the petitioner's expense the following for review and evaluation: a. Fiscal impact study, detailing the estimated cost which the Planned Unit Development will have on all taxing bodies, and anticipated revenues to such taxing bodies which will be realized from each phase of development. Information shall include detailed estimates on: 1) Expected population of the development; Ordinance No.2012- Page 13 2) Impact on service and/or operating costs to be incurred by each taxing body as a result of the development; 3) Any major capital investments required, in part or in whole, by each taxing body due to the development; b. Proposed covenants, conditions and restrictions and/or homeowner association bylaws. c. Environmental analysis or study, prepared by an environmental specialist, which analyzes the major impacts the Planned Unit Development may have on the environment including, but not limited to, the effects on discrete ecosystems, deteriorated air quality in the immediate vicinity and along arterial and collector roadways leading to the Planned Unit Development from a specified distance determined by the City Engineer or consultant; any deterioration in the groundwater or surface water quality; effect on sensitive land areas such as floodplains, wetlands, forests, aquifer recharge areas, historic buildings or structures, prairie landscapes, and mineral resource reserves. d. Market study indicating the extent of market demand for the uses proposed in the Planned Unit Development including an analysis of demographics, sales potentials, competitive alignment, an assessment of the market share or opportunity gaps, and marketing positioning of each component of the Planned Unit Development. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the staff Plan Council. The Plan Council shall review the Preliminary Planned Unit Development Plat and supporting documentation and make a recommendation to the Plan Commission as to the proposal's compatibility with the city's planning objectives, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for developing the city. D. Plan Commission Review: The Plan Commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the Plan Commission shall recommend to the City Council approval or denial of the Preliminary Planned Unit Development Plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. E. Park Board Representative: When applicable for the Park Board's review of the Preliminary Planned Unit Development Plat and supporting documentation, the Park Board shall have a representative present at the Plan Commission public hearing meeting for input and recommendation to the City Council. The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. 1) Park Board Representative's Purview (If Applicable): The Park Board Representative shall consider the following standards when considering the Preliminary Planned Unit Development Plat and supporting documentation: Ordinance No.2012- Page 14 a. Compatibility of the proposal with the recreation master plan and park development standards, b. Layout and organization of the open space system, and c. Compliance with the city's land-cash ordinance for parks. F. City Council Review: Subsequent to receiving the Plan Commission and Park Board representative recommendations, the City Council shall conduct a public meeting and shall approve or deny the application for the Preliminary Planned Unit Development Plat. 10-13-8: FINAL PUD PLAT: A. Purpose: A Final Plat for the Planned Unit Development, suitable for recording with the Kendall County Recorder of Deeds, shall be prepared by the petitioner for consideration and approval by the city. The purpose of the Final PUD Plat submission is to designate and depict with particularity the land subdivided into lots, whether conventional or otherwise, common open space and building areas. The Final Plat shall also designate and limit the specific internal uses of buildings, structures, and uses of land, as well as provide any additional information or details required by the City Council when approving the Final PUD Plat. B. Procedure: Not less than forty five (45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk's Office for Final Planned Unit Development Plat approval. The applicant shall submit twenty(20)paper copies folded to fit in a 10"x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form, two (2) originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 3. Final Planned Unit Development Plat. The plat shall be a detailed plan which includes, at a minimum, the following information: a) An accurate legal description of the entire area under the immediate development within the Planned Unit Development. b) A subdivision plat of all subdivided lands in the same form and meeting all the requirements of the Yorkville Subdivision Control Ordinance and Municipal Code. c) An accurate legal description of each separate unsubdivided use area, including common open space. d) Designation of exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put, including construction details. Ordinance No.2012- Page 15 e) Illustrate center line elevations, pavement type, curbs, gutters, culverts, etc., and a proposed street numbering designation shall also be furnished for each building. f) Construction plans detailing the design, construction or installation of site amenities; including buildings, landscaping, storm water detention facilities and other site improvements. g) Certificates, seals, and signatures required for the dedication of land and recording of the document. h) Tabulations on each separate unsubdivided use area, including land area, number of buildings, and number of dwelling units per acre. i) Construction schedule—A final construction schedule indicating: i. Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. ii. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. iii. Dates for beginning and completion of each stage. 4. Common Open Space Documents: All common open space, at the discretion of the City Council, shall be: a) Conveyed to a city or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the Planned Unit Development or adjoining property owners of any one or more of them. All lands conveyed hereunder shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space; or b) Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned Unit Development or adjoining property owners and/or both. c) Such documents shall also provide that the city shall have the right, but not the obligation, to perform necessary maintenance of the common open space, and shall have the authority to place a lien against the individually-owned property in the Planned Unit Development for the costs thereof. 5. Public and Quasi-Public Facilities — Guarantee of Performance: All public and quasi- public facilities and improvements made necessary as a result of the Planned Unit Development, including but not limited to, parks, schools, recreational areas, etc., shall guarantee the completion of such, as set forth in the Yorkville Subdivision Control Ordinance, except where varied by the approved Final Plat. 6. Final covenants, conditions and restrictions and/or homeowner association bylaws. Ordinance No.2012- Page 16 7. Delinquent Taxes — A certificate shall be furnished from the County Tax Collector that no delinquent taxes exist and that all special assessments constituting a lien on the whole, or any part, of the property of the Planned Unit Development have been paid. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the Plan Council. The Plan Council shall review the Final Planned Unit Development Plat and supporting documentation and make a recommendation to the Plan Commission as to the proposal's compatibility with the city's planning objectives, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for developing the city. D. Plan Commission Review: The Plan Commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the Plan Commission shall recommend to the City Council approval or denial of the Final Planned Unit Development Plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. E. Park Board Representative: When applicable for the Park Board's review of the Final Planned Unit Development Plat and supporting documentation, the Park Board shall have a representative present at the Plan Commission public hearing meeting for input and recommendation to the City Council. The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. 1) Park Board Representative's Purview (If Applicable): The Park Board Representative shall consider the following standards when considering the Final Planned Unit Development Plat and supporting documentation: a.Compatibility of the proposal with the recreation master plan and park development standards. b. Layout and organization of the open space system. c.Compliance with the city's land-cash ordinance for parks. F. City Council Review: Subsequent to receiving the Plan Commission and Park Board recommendations, the City Council shall conduct a public meeting and shall approve or deny the application for the Final Planned Unit Development Plat. 10-13-9: AMENDMENTS OR MINOR REVISIONS TO PUD: After the approval of the Final Planned Unit Development Plat, the use of land, construction, location of buildings and structures in the Planned Unit Development shall be developed in accordance with such approved plans, rather than by any other provisions of the zoning ordinance. Any changes, modifications or alterations to the approved Final Planned Unit Development Plat shall be considered either a minor or a major modification. Ordinance No.2012- Page 17 No changes may be made to the approved Final Planned Unit Development Plat unless approved by the city. The nature of the requested change, either minor or major, to the Planned Unit Development will be determined by the City Administrator, or designee, as follows: A. Minor Changes: Minor changes to the Final PUD Plat are modifications or revisions that do not alter the overall intent of the PUD. Minor changes may be approved by the City Administrator, or designee if the proposed modification does not result in any of the following: i. An increase or decrease in overall density greater than five percent(5%). ii. An increase or decrease in the mixture of residential dwelling unit types greater than five percent (5%). iii. An increase or decrease in area for any land use or land use mixture greater than five percent(5%). iv. An increase or decrease in total number of parking spaces greater than five percent (5%). v. Any reduction in area of common open space, landscaping or buffering, particularly when reduced below the minimum standard prescribed in Section 10-13-11: Development Standards and Design Criteria. vi. Any significant changes in building layout, orientation or height of buildings. vii. A change in the functional classification of a roadway. Minor changes not approved by the City Administrator may be appealed by the applicant or property owner to the City Council without review and recommendation by the Plan Commission or Park Board Representative (when applicable), unless the City Council refers the request for a minor change to the Plan Commission or Park Board Representative (when applicable) for review and recommendation. B. Major Changes: Major changes to the Final PUD Plat are modifications which alter the concept or intent of the approved PUD exceeding the criteria set forth constituting a minor change. Major changes to the Final PUD Plat shall be subject to review and recommendation by the Plan Commission and Park Board Representative (when applicable) with final approval or denial determined by the City Council. C. Application for PUD Modification or Changes: For any modifications or changes resulting in an amendment to an approved Final PUD Plat, the applicant shall submit a revised plat and supporting data with an application for a major or minor change to the Clerk's Office in accordance with the following: i. The title of the plat shall indicate the nature of the change. Ordinance No.2012- Page 18 ii. If a major change, the revised plat and supporting data with an application shall be submitted to the Clerk's Office not less than forty five (45) days before the Plan Commission meeting. D. Notice for Major Changes to PUD Plat: The notice for a major change to an approved Final PUD Plat shall conform to the requirements of Section 10-4-10: Amendments of this Title. E. All approved major or minor changes to an approved Final PUD Plat shall be recorded with the County and shall be binding on the applicants, their successors, grantees and assigns and shall govern the development of the PUD, as set forth therein. 10-13-10: CONDITIONS FOR APPROVAL: The Plan Commission may recommend approval of a Special Use for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat for the proposed development or amendment upon considering the following: A. In what respect does the design of the Planned Unit Development meet the requirements and design standards of the development standards and design criteria, B. The extent to which the proposed plan deviates and/or requires waivers of the bulk regulations in the zoning ordinance and how the modifications in design standards from the subdivision control regulations fulfill the intent of those regulations. C. The extent of public benefit produced by the Planned Unit Development, such as but not limited to, the adequacy of common open space and/or public recreational facilities provided; sufficient control over vehicular traffic; provision of public services; provision and protection of the reasonable enjoyment of the land. D. The relationship and compatibility, beneficial or adverse, of the Planned Unit Development to the adjacent properties and nearby land uses. E. The extent to which the Planned Unit Development fulfills the objectives of the future planning objectives or other planning policies of the City. F. The Plan Commission finds that the Planned Unit Development satisfactorily meets the standards for Special Use as defined in Section 10-4-9 of this Title. 10-13-11: DEVELOPMENT STANDARDS AND DESIGN CRITERIA: A. Purpose: The purpose of this section is to establish and provide a comprehensive set of standards and guidelines in which Planned Unit Developments are designed. While specific recommendations for development and design are provided, flexibility is also encouraged Ordinance No.2012- Page 19 through guidelines which enable individual developments to be distinct from one another while maintaining the inherent character of the city. B. Applicability: These standards and established criteria shall apply to all newly constructed buildings and sites within a Planned Unit Development. Each proposed development will be evaluated on its compliance with the established regulations/guidelines contained herein. C. Density: The density, minimum lot size and minimum setback dimension for each use proposed within a PUD shall be determined by the conventional zoning classification which would permit the proposed use unless a variance is specifically requested as part of the Special Use request. D. Use Regulations: Planned Unit Developments may be comprised of a single-type of land use or a mixture of land uses when applicable and when different intensity of land uses are appropriately buffered or separated. 1. Uses proposed shall be consistent with those listed as allowable uses in the respective zoning districts. 2. Uses listed as special uses in the zoning district in which the development is located may be allowed. E. The Plan Commission may recommend and the City Council may approve access to a dwelling by a driveway or pedestrian walk easement. Off street parking facilities for such dwelling shall be located not more than two hundred feet (200') from the dwelling served. F. The Plan Commission also may recommend and the City Council may approve yards of lesser widths or depths than required for permitted uses in the zoning classification which the planned development is including,provided: 1. Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. 2. That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and that due consideration is given to the openness normally afforded by intervening streets and alleys. 3. The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district in which the planned unit development is included and the plan is developed to afford adequate protection to neighboring properties, i.e. fire protection and sufficient area needed for utility easements, as recommended by the Plan Commission and approved by the City Council. Ordinance No.2012- Page 20 G. Design Criteria: All standards of the United City of Yorkville Design Guidelines (Ord. 2009-28), as amended, and the Section 7.00 Design Standards of the United City of Yorkville Subdivision Control Ordinance's shall apply to all Planned Unit Developments. 10-13-12: FEES: The approved charges and expenses for development fees, application fees, review fees and deposits for matters pertaining to this chapter shall be established by the City Council. These fees shall be approved by ordinance with a copy filed in the clerk's office and may be altered or amended from time to time, but only by City Council approval. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. 10-13-13: EFFECTIVE PERIOD OF PLANNED UNIT DEVELOPMENT: A. The planned unit development shall be constructed in a timely manner. The planned unit development shall be subject to revocation under the following conditions: 1. Final Plat approval does not occur within twelve (12) months from the date of approval of the preliminary plat of a planned unit development. 2. Construction does not commence and proceed within three (3) years from the date of approval of the Final Plat of a Planned Unit Development. 3. The City Council may extend the time limits for Final Plat approval for no more than two (2) 12-month periods. Commencement for construction may also be extended by the City Council in one (1) year increments. B. The City Council may initiate or the owner of the parcel of land on which the Planned Unit Development is to be constructed may apply for the revocation of the Planned Unit Development. The owner shall be notified, in writing, at least thirty (30) days prior to the City Council's consideration of the revocation if initiated by the City Council. C. The City Council shall consider, but not be limited to, the following standards in the review of the status of the project construction to determine whether there is reasonable cause for delay: 1. The original program of development with regard to market demand for the components included in the final plan; 2. Conditions in the real estate finance market; 3. General economic conditions in the local area, state or region; 4. The ability and purposefulness of development operations for the Planned Unit Development; and Ordinance No.2012- Page 21 5. Laws, ordinances or other regulations that may have affected timely development of the project. D. Upon consideration of the findings by the City Council regarding the standards in Subsection 10-13-14-C, the City Council shall decide whether: 1. To revoke those portions of the Planned Unit Development for which construction has not begun; 2. To extend the time allotted for construction to commence based upon a revised schedule of construction, or 3. To require special changes in the Planned Unit Development as a condition of a time extension, whereby such changes shall be deemed a "major change" to the Planned Unit Development. E. Upon revocation of a Planned Unit Development, the parcel of land shall conform to the permitted uses and other regulations of the underlying zoning district of which it is a Special Use unless an amendment or other Special Use is initiated by the City Council or is applied for by the owner of the parcel of land on which the Planned Unit Development was to be constructed and granted by the City Council." Section 2. Each section, clause and provision of this Ordinance shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses or provisions on this Ordinance. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form 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 GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Ordinance No.2012- Page 22 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2012. MAYOR Ordinance No.2012- Page 23 sir Memorandum 0 a' To: Committee of the Whole EST. ! W- 1836 From: Krysti J. Barksdale-Noble, Community Development Director -�� CC: Bart Olson, City Administrator Date: June 5,2012 Subject: PC 2012-01 —Proposed Text Amendment to the Planned Unit Development Kendae t°unTy Lj<kE �. (PUD) Ordinance BackLmound & Request: Since the spring of 2010, staff and the Zoning Commission have held regular monthly meetings devoted to completing a full review of the current zoning ordinance and drafting proposed revisions on a chapter by chapter basis. To date, the Zoning Commission has made comprehensive updates to the structure and content of the zoning code and proposed amendments to the administrative and enforcement aspects to bring it more in line with the actual practices and processes of the City. At the conclusion of the Zoning Commission's review, a final written assessment report will be submitted to the City Council along with a recommendation for adoption of the new zoning ordinance as part of a public hearing process. However, due to the significance and urgency to update certain sections of the zoning ordinance sooner rather than later, staff believes the proposed revisions to the Planned Unit Development (PUD) Ordinance are ripe for consideration of immediate text amendment approval. Therefore, staff is proposing to amend Title 10, Chapter 13: Planned Unit Development of the Municipal Zoning Ordinance to comprehensively revise the method and procedure in which Planned Unit Development(PUD) applications are considered for approval. The most significant proposed change to this chapter is the reversion back to establishing a Planned Unit Development as a Special Use, rather than a district. This is in conformance with 65 ILCS 5/11-13-1.1 of the Illinois Statutes (see attached). The proposed revision to the Planned Unit Development Ordinance adopted in 2006, reorganizes and streamlines the review/approval process, by removing the requirement for a separate Park Board review of the plan, but rather allows for a Park Board representative as a voting member on the Plan Commission. Further, to coincide with the recent Bond Policy discussions, the revised PUD Ordinance adds provisions to address stalled construction of subdivision developments. Finally, there is also an added provision requiring the approval of a Final Plat for Planned Unit Developments which, although has been the City's practice, does not exist in the current ordinance. Plan Commission Action: The Plan Commission reviewed the requested special use permit at a public hearing held on April 11, 2012 and made the following action: Motion to recommend approval of the request to comprehensively revise the method and procedure in which Planned Unit Development(PUD) applications are considered for approval as proposed in a staff memorandum dated April 3, 2012. Action Item• Lindblom- aye; Winninger-aye; Weaver-aye; Prochaska-aye; Kraupner-aye; Adams-aye; Baker, aye 7 ayes; 0 nays; 0 abstentions Park Board Comments: As mentioned previously, the proposed revisions to the PUD Ordinance focuses on simplifying the review and approval procedures to require the applicant to have public meetings only before the Plan Commission (public hearing) and the City Council as part of the entitlement process. The current review by the Park Board at a separate public hearing is proposed to be removed, but keeps the Park Board input and involvement in planned residential development a viable part of the public hearing process by allowing for a Park Board representative to be a voting member on the Plan Commission. Staff has met with and presented the proposed changes to the Park Board for their feedback. Committee of the Whole Consideration: Staff is looking for feedback, revisions and a recommendation for approval from the Committee of the Whole regard to the requested text amendment to revise the current Planned Unit Development Ordinance. For your reference, staff has attached a copies of the memorandums submitted to the Plan Commission and park Board regarding this request, as well as the minutes from the Park Board meetings. Staff will be present at Tuesday night's meeting to address any questions from the committee. Co.` Memorandum J j To: Plan Commission EST. 1836 From: Kr sti J. Barksdale-Noble, Community Development Director Y Y p �- CC: Bart Olson, City Administrator m�saaz Date: April 3, 2012 K,,dgC-,Ty ,�?Q Subject: PC 2012-01 -Proposed Text Amendment to the Planned Unit <LE '►�' Development(PUD) Ordinance Note: This item was tabled at the March 14, 2012 Plan Commission meeting. Since that meeting, some typographical errors and other minor revisions have been made to the proposed PUD Ordinance from the copy previously provided related to Section 10-13-8: Final PUD Plat (addition of paragraphs C-G) and Section 10-13-12: Fees (revised language to reflect the City does not have an adopted schedule of fees, but rather various ordinances related to fees and/or deposits for development petitions). Background: Since the spring of 2010, staff and the Zoning Commission has held regular monthly meetings devoted to completing a full review of the current zoning ordinance and drafting proposed revisions on a chapter by chapter basis. To date, the Zoning Commission has made comprehensive updates to the structure and content of the zoning code and proposed amendments to the administrative and enforcement aspects to bring it more in line with the actual practices and processes of the City. Generally, at the conclusion of the Zoning Commission's review, a final written assessment report will be submitted to the City Council along with a recommendation for adoption of the new zoning ordinance as part of a public hearing process. However, due to the significance and urgency to update certain sections of the zoning ordinance sooner rather than later, staff will bring those proposed revised chapters before the Plan Commission for immediate text amendment approval. The Planned Unit Development (PUD) Ordinance is the first chapter proposed for comprehensive text amendment consideration. Proposed Text Amendment: The City of Yorkville is proposing to amend Title 10, Chapter 13: Planned Unit Development of the Municipal Zoning Ordinance to comprehensively revise the method and procedure in which Planned Unit Development(PUD) applications are considered for approval. The most significant proposed change to this chapter is the reversion back to establishing a Planned Unit Development as a Special Use rather than a district. This is in conformance with 65 ILCS 5/11-13-1.1 of the Illinois Statutes. The proposed revision to the Planned Unit Development Ordinance adopted in 2006, reorganizes and streamlines the review/approval process, as well as adds provisions to address current issues faced with stalled developments in a slow economy. There is also an added provision requiring the approval of a Final Plat for Planned Unit Developments which has been the City's practice, but does not currently exist in the ordinance. Staff Comments & Recommendations: In reviewing and making recommendations for revisions to the Planned Unit Development (PUD) Ordinance staff consulted with the City's Attorney and City Engineer to ensure compliance with current Illinois zoning laws and Yorkville's Subdivision Control Ordinance. Therefore, it is Staff's recommendation the Plan Commission to recommend approval of the proposed text amendment to the PUD ordinance. A copy of the existing PUD Ordinance and proposed revised PUD Ordinance has been attached for your reference. Proposed Motion: Having Made Findings of Facts and consideration of testimony provided in a Public Hearing on April 11, 2012, the Plan Commission recommends approval to the City Council of a request for text amendment to Title 10, Chapter 13: Planned Unit Development of the United City of Yorkville's City Code, as presented by staff in a memorandum dated April 3, 2012 and the attached draft revised title, and further subject to [insert any additional conditions of the Plan Commission]... Attachments: 1. Copy of 65 ILSC 5/11-13-1.1 regarding corporate authority of a municipality to provide for the classification of special uses, including but not limited to planned developments. 2. Current Title 10, Chapter 13: Planned Unit Development of the United City of Yorkville's Municipal Zoning Ordinance. 3. Proposed Revised Title 10, Chapter 13: Planned Unit Development of the United City of Yorkville's Municipal Zoning Ordinance last revised April 3, 2012. 4. Copy of Public Notice. 65 ILCS 51 Illinois Municipal Code. Page 4 of 17 the time of the enactment of such an ordinance. The powers conferred by this Division 13 shall not be exercised so as to deprive the owner of any existing property of its use or maintenance for the purpose to which it is then lawfully devoted, but provisions may be made for the gradual elimination of uses, buildings and structures which are incompatible with the character of the districts in which they are made or located, including, without being limited thereto, provisions (a) for the elimination of such uses of unimproved lands or lot areas when the existing rights of the persons in possession thereof are terminated or when the uses to which they are devoted are discontinued; (b) for the elimination of uses to which such buildings and structures are devoted, if they are adaptable for permitted uses; and (c) for the elimination of such buildings and structures when they are destroyed or damaged in major part, or when they have reached the age fixed by the corporate authorities of the municipality as the normal useful life of such buildings or structures. This amendatory Act of 1971 does not apply to any municipality which is a home rule unit, except as provided in item (12) . (Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11. ) (65 ILCS 5/11-13-1.1) (from Ch. 24, par. 11-13-1.1) Sec. 11-13-1.1. The corporate authorities of any municipality may in its ordinances passed under the authority of this Division 13 provide for the classification of special uses. Such uses may include but are not limited to public and quasi-public uses affected with the public interest, uses which may have a unique, special or unusual impact upon the use or enjoyment of neighboring property, and planned developments. A use may be a permitted use in one or more zoning districts, and a special use in one or more other zoning districts. A special use shall be permitted only after a public hearing before some commission or committee designated by the corporate authorities, with prior notice thereof given in the manner as provided in Section 11-13-6 and 11-13-7 . Any notice required by this Section need not include a metes and bounds legal description of the area classified for special uses, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the area classified for special uses. A special use shall be permitted only upon evidence that such use meets standards established for such classification in the ordinances, and the granting of permission therefor may be subject to conditions reasonably necessary to meet such standards. In addition, any proposed special use which fails to receive the approval of the commission or committee designated by the corporate authorities to hold the public hearing shall not be approved by the corporate authorities except by a favorable majority vote of all aldermen, commissioners or trustees of the municipality then holding office; however, the corporate authorities may by ordinance increase the vote requirement to two-thirds of all aldermen, commissioners or trustees of the municipality then holding office. (Source: P.A. 97-336, eff. 8-12-11. ) (65 ILCS 5/11-13-2) (from Ch. 24, par. 11-13-2) http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=006500050HArt%2E+11+Div%2E... 4/2/2012 Sterling Codifiers, Inc. Page 1 of 16 Chapter 13 PLANNED UNIT DEVELOPMENT 10-13-1 : PURPOSE: The purpose of this chapter is to provide for an alternative zoning procedure for innovative developments that provide value to the community over the conventional zoning district and which is consistent with the comprehensive plan and intent of the zoning ordinance. Planned unit developments (PUD) are intended to encourage the most imaginative and best possible design of building forms and site planning for tracts of land where unitary plans would best adapt to topographic and other natural features of such sites. Under this procedure, well planned residential, industrial, commercial and other types of land use, individually or in combination, may be developed with design flexibility. Planned developments must be environmentally compatible. They should have a more beneficial effect upon the health, safety and general welfare of the people of the city and particularly, in the immediate surroundings, than developments built in conformity with standard district regulations. If building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD then the amount of open space, retention of existing vegetation, buffer areas, new landscape, public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. The planned unit development district shall generally provide attributes in excess of conventional city zoning, building and >1wad use requirements by (this list being representative and not exhaustiv A. Providing a maximu hjeo ing e nvironments by allowing a variety of housing and building types; B. Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; C. Promoting a more useful pattern of open space and recreation areas incorporated as part of the project and that is compatible with the immediate vicinity; D. Utilizing materials and design of buildings, signs and the site that provide for a unified theme throughout the development; http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 2 of 16 E. Providing substantial landscaping with emphasis given to streetscape areas, buffer zones, and the provision of significant landscaping (in terms of size of landscape areas and quantity and quality of landscape materials) within the developed portions of the site; F. Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of materials, signage and design. Generic corporate architecture and big box designs are strongly discouraged but not prohibited. Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials should be addressed; G. Retain, utilize and incorporate historic features on the prof to into the overall project design if physically and economically feasible; and/or H. Provide a consistent signage theme. The use of si a esign°guidelines is required for multiphased projects. (Ord. 2006-40, 5-23-200 10-13-2: PROCEDURE: Because a PUD is a rezoning, the public Baring and findings of fact shall follow the procedure as outlined within section 10-14-7 of this title as well as those outlined below. In the event of a conflict, these proc ures will control. The approval process includes the following stages: A. Preapplication conference. B. Concept PUD plan and zone map amendment. C. Preliminary PUD plan. (Ord. 2006-40, 5-23-2006) 10-13-3: DELINEATION ON ZONING MAP: http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 3 of 16 Approved planned unit developments shall be delineated and designated PUD and by number on the zoning district map. A file, available for inspection by the public, shall be maintained by the zoning officer for each planned development so designated. The file shall contain a record of the approved development plan and all exceptions authorized therein. (Ord. 2006-40, 5-23-2006) 10-13-4: PREAPPLICATION CONFERENCE: A. Purpose: The purpose of the preapplication conference is to provide advice and assistance to the applicant before preparation of the concept plan so that the applicant may receive input on: 1. Whether the proposed planned unit development will b_ in ormity with the comprehensive plan and the goals and the policies .ty rkville. 2. Whether the zoning classification of planned unit de pme is appropriate for the development. B. Procedure: Prior to filing an applicatio r roval of a planned unit development, the petitioner shall be required to contac city administrator or his designee to arrange an informal preapplication meeting wt" it ff and its consultants. The preapplication conickall b eld with staff. At such conference the applicant shall provide information as to the lo ion of the proposed planned unit development, the land use types and approximate area of proposed land uses, a list of any and all exceptions to the zoning ordinance and subdivision regulations; and other information necessary to clearly explain the planned unit development. Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the city and advise the applicant on the information, documents, exhibits, and drawings on the proposal that should be included in the application to the city for a planned unit development. (Ord. 2006-40, 5-23-2006) 10-13-5: CONCEPT PUD PLAN AND AMENDMENT OF ZONE CLASSIFICATION TO PLANNED UNIT DEVELOPMENT: A. Purpose: The presentation of the concept plan and requesting an amendment to the zone map is the first step in the planned unit development process. The purpose of the http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 4 of 16 concept plan is to enable the applicant to obtain the recommendations of the city staff, park board (residential developments only) and plan commission and city council approval of concept, density and dwelling unit number prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. B. Procedure: Not less than thirty (30) days before the next available park board planning meeting or plan commission meeting, the applicant shall file an application with the clerk's office for review of conceptual planned unit development plan. The application shall consist of the following documentation: 1. A completed application form. 2. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial photograph exhibit shall not be less than one inch equals four hundred (1" = 400) scale and shall include the following: a. Name of proposed development. b. Outline of property boundaries. c. Adjacent area within one-fourth (1/4) mile Sirty 3. A zoning plat including a legal descriptio, f o be included in the planned unit development. 4. A written explanation of the g:neral character of the proposed planned unit development that shall includ f ollowg: a. A description of all land uses t>bcluded in such district (including open space) with percentages of each use; b. Projected den s for J residential use; c. A description of th ment standards and design criteria applicable to the proposed planned unit development; d. An outline describing why the property should be developed as a planned unit development; e. Identification of the conventional zoning classification allowing the uses for each land use type included; f. A list of requested exceptions to applicable city ordinances and codes. 5. A conceptual planned unit development map or plan. The plan shall include the following: a. North arrow, scale and date of preparation. b. Name and address of the site planner, engineer or surveyor who prepared the plan. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 5 of 16 c. Name of property owner. d. Name of petitioner/developer. e. Proposed name of the planned unit development. f. Proposed land uses. g. Total acreage and percent of the site devoted to each land use. h. Location of proposed streets. i. Proposed dedication of land for school and park sites, if applicable. j. Land area to be used for open space such as storm water basins, buffers, parks and trail corridors. k. Proposed approximate building footprints and estimat or area for all nonresidential structures, if any. I. Maximum number of residential units. m. Gross and net densities. n. Wetlands, floodplain and floodways o i o ublished data. o. Location of lakes, ponds, stream ainage swales. p. Existing vegetation including s ion o predominant vegetation types and sizes. q. Existing contour lines wi min m of five foot (6) intervals obtained from published data. r. Location of exi ng and/o roposed water, sanitary and storm sewer systems intended to serve the dev pment. s. Proximity to existing proposed transportation corridors and a written statement with regard to transportation impacts due to the PUD. t. Written description of how the existing utilities are planned to be extended to serve the development. u. Any other data reasonably necessary to provide an accurate overview of the proposed development. 6. Other documents may be requested by the city if it is determined necessary to clearly describe the planned unit development. 7. The clerk's office shall have the application reviewed for completeness. If the application is not complete, the applicant will be notified by the clerk's office as to the deficiencies. The application will not be forwarded on for review until the application is complete. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 6 of 16 C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the plan council. The plan council shall review the concept for the planned unit development and supporting documentation and make a recommendation to the plan commission as to the proposal's compatibility with the city's comprehensive plan, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for planning the city. D. Park Board Review (If Applicable): The park board shall conduct an informal review of the conceptual planned unit development plan and supporting documentation and provide the applicant with general input on the following: 1. Compatibility of the proposal with the recreation master and park development standards. 2. Layout and organization of the open space system. 3. Compliance with the city's land-cash ordinance r S. 4. Other documentation that the park board w Id m nd be prepared during the preliminary planned unit development pl p e. 5. A formal recommendation by vote ' of n for a conceptual planned unit development plan. E. Plan Commission ReAftnda T e p Ian commission shall conduct at least one public hearing in accordance with Illinois Compiled Statutes. However, the plan commission may continue from time to time the hearing without further notice being published. After the close of the public hearing, the plan commission shall recommend to the city council approval or denial of the zone map amendment to PUD to allow the concept for the planned unit development. The plan commission shall base its recommendation on the development standards in section 10-13-7 of this chapter and based on the following findings: 1. The compatibility of the proposal with the comprehensive plan, transportation plan, zoning ordinance and subdivision control ordinance. 2. The appropriateness of the proposed land uses. 3. The appropriateness of the general layout of open space, streets, parking areas, lots and buildings. 4. Existing uses of property within the general area of the subject property. 5. The zoning classification of property within the general area of the subject property. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 7 of 16 6. The suitability of the subject property to the uses permitted under the existing zoning classification. 7. The trend of development, if any, in the general area of the subject property, including changes, if any, which have taken place since the day the subject property was placed in its present zoning classification. 8. The impact that the PUD will have upon traffic and traffic conditions in the general area of the subject property. F. City Council Review: The committee of the whole shall conduct an informal review of the conceptual planned unit development plan and supporting documentation and provide the applicant with general comments on the following: 1. Compatibility of the proposal with the comprehensive pi , transportation plan, zoning ordinance, subdivision ordinance and goals and objectiv f the city. 2. Appropriateness of the proposed land uses. 3. General layout of open space, streets, parking area is a 1buildings. 4. Other documents the city council would rec d e repared for the preliminary planned unit development plan phase. G. Mayor And City Council Decision: 1. The mayor and city councilpon r biving the recommendation of the plan commission, may grant or deny any proposed amendment in accordance with applicable Illinois statutes o ay refer to the plan commission for further consideration. 2. If an application for a proposed amendment is not acted upon finally by the city council within six (6) months of the date upon which such application is received by the mayor and city council, it shall be deemed to have been denied. H. Modifications To Concept Plan For The Planned Unit Development: After the approval of the concept plan and zone map amendment for the planned unit development, the use of land, construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved planned unit development, rather than by any other provisions of the zoning ordinance of the city. No changes may be made to the approved concept plan for the planned unit development unless approved by the city. Changes to the planned unit development will be determined by the city administrator, or designee, to be one of the following; a minor change or a major change: http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 8 of 16 1. Minor changes to the concept PUD plan are modifications that do not alter the intent of a planned unit development. Minor changes which meet the criteria set forth in this subsection H1 may be approved by the city administrator or designee, if the proposed minor change does not result in the following: a. An increase in gross density. b. A change in mixture of dwelling unit types resulting in a greater than ten percent (10%) change in quantity of any proposed unit type. c. A change in the mixture of land uses resulting in a greater than ten percent (10%) change in area of any proposed use. d. Any reduction of an amount of common open space, landscaping or buffering. e. A change in the functional classification of a roadway. Minor changes not approved by the city administrator may be approved by the city council without review and recommendation by the plan commission, unless the city council refers a request for a minor change to the plan commission for review and recommendation. 2. Major changes are modifications which alter cept or intent of the planned unit development exceeding the criteria set forth uting a minor change. If a major change is requested, the appant s bmit a revised PUD concept plan and supporting data with an applic n fo�major change to the clerk's office and repeat the review procedures s fo in thi3�ection. (Ord. 2006-40, 5-23-2006) low 10-13-6: PRELIMINARY PUD P A. Purpose: The purpose of the preliminary PUD plan submission is to obtain approval from the city that the plans the applicant intends to prepare and follow are acceptable as a preliminary PUD plan, and that any final plans will be approved provided they substantially conform to the preliminary planned unit development plan. The preliminary PUD plan must be substantially in conformance with the concept plan approved at the time of zone map amendment (if the preliminary PUD plan is not substantially in conformance with the concept plan, it will be deemed a major change and a new concept plan will need to be submitted and approved as prescribed by section 10-13-5 of this chapter). Approval of the preliminary planned unit development shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 9 of 16 B. Procedure: Not less than forty five (45) days before the plan commission meeting, the applicant shall file an application with the clerk's office for preliminary planned unit development approval. The application shall consist of the following documentation: 1. One copy of the completed preliminary planned unit development form. 2. Disclosure of beneficiaries form. 3. Preliminary planned unit development plan. The plan shall include at a minimum, the following information: a. North arrow, scale (not less than 1 inch equals 200 feet) and date of preparation. b. Name and address of the site planner, engineer or surveyor who prepared the plan. c. Name of property owner. d. Name of developer. e. Proposed name of development. f. Location map. g. Legal description. h. Site data, including, as applicable: (1) Total acreage, and acreage per age of each proposed land use. (2) Percent of land devoted to a nd public rights of way. (3) Number of tneide' ntial (4) Floor area side 1). (5) Gross and al density. (6) Minimum, maximum and average lot sizes. (7) Percent of lot coverage for all uses except detached single-family and duplex. (8) Identify the conventional zoning classification used to define each land use and list variances granted by the concept plan approval, if any. i. Aerial photograph illustrating the subject property and adjacent property within one- fourth (1/4) mile of the site. j. Existing zoning and owners of adjacent property. k. Municipal limits. 1. School district boundaries. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 10 of 16 m. Property lines and dimensions. n. Residential lots with approximate dimensions. o. Location of multi-family and single-family attached buildings. p. Footprints of nonresidential buildings. q. Front, rear, side yard and corner side yard setbacks. r. Off street parking and loading areas, including number and dimensions of parking spaces, drive aisles and loading zones. s. Configuration and acreage of all land proposed as open space including storm water management areas, parks, buffers, and trail corridors. t. All sites to be conveyed, dedicated, or reserved for pa s, school sites, public buildings, and similar public and quasi-public uses. u. Pedestrian and/or bicycle circulation systems. No v. Existing vegetation. w. Limits of jurisdictional and nonjurisdiction w S. x. Limits of 100-year floodplain. y. Surface water including lakes, p s, streams and drainage swales. z. Existing contour lines with a m u ne foot (1') interval. aa. Any other d on ne sary to provide an accurate overview of the proposed deve ment. 4. Preliminary lands a plan ' icating the name, variety, size, location and quantities of plant material for on and dedicated areas including parkways, buffer areas, storm water basins, wetlands, entry areas, medians, and parking lot islands. 5. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan. The proposed plan shall show an appropriate location and dimensions of all sanitary sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts and storm water retention/detention areas, as well as all utility easements. The plan shall be accompanied by a statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. 6. Photometric plan (for nonresidential developments only). The photometric plan shall be superimposed on the site plan, and shall: a. Identify the location and heights of all light standards. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page I I of 16 b. Identify foot-candle intensities on the site of the planned unit development, and ten feet (10') beyond proposed property lines. c. Include specifications for proposed lighting, including wattage, method of illumination, and color of light standards and luminaries. 7. Architectural drawings. When requested by plan commission or city council, preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: a. Typical elevations (front, rear and side) for proposed residential and nonresidential buildings, which identify materials and color styling proposed for all elements of the building. b. Proposed building heights. c. Roof plan for all nonresidential structures, which sho the proposed location of all roof mounted mechanical equipment. 8. The plan commission or city council may require prepar ' n ubmittal of the following for review and evaluation: a. Fiscal impact study, detailing the estimate h he planned unit development will have on all taxing bodie a revenues which will be realized from each phase of develop t. b. Proposed covenants, conditions r ctions and/or homeowner association bylaws. c. Other information that may be ire `'by the plan commission or city council. C. Plan Council Review: Upon recpt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the plan council. The plan council shall review the preliminary planned unit development and supporting documentation and make a recommendation to the plan commission as to the proposal's concurrency with the approved concept planned unit development plan and compatibility with the city's comprehensive plan, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for planning the city. A traffic impact study will be prepared by the city as part of the plan council's review. D. Park Board Review (When Applicable): The park board shall conduct a formal review of the preliminary planned unit development plan and supporting documentation. The park board shall forward its recommendation to the city council. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 12 of 16 E. Plan Commission Review: The plan commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the plan commission shall recommend to the city council approval or denial of the preliminary planned unit development plan. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. F. City Council Review: Subsequent to receiving the plan commission and park board recommendations, the city council shall conduct a public hearing and shall approve or deny the application for the preliminary planned unit development plan. G. Modifications To Preliminary Plan For The Planned Unit Development: After the approval of the planned unit development, the use of land, construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved planned unit development, rather than by any er provisions of the zoning ordinance of the city. No changes may be made to the approved planned deve ment unless approved by the city. Changes to the planned unit developme t be determined by the city administrator, or designee, to be one of the foil iri r change or a major change. 1. Minor changes to the preliminary PUD plan ar' o cations that do not alter the intent of a planned unit developmen Minor cha ges which meet the criteria set forth in this subsection G1 may be approv, y the city administrator or designee, if the proposed minor change does n re in the following: a. An increase in gross de b. Any change in culation pa or access. c. A change in th ixture of dwelling unit types resulting in a greater than five percent (5%) change in ntity of any proposed unit type. d. Any change in grading or utility provisions. e. A change in the mixture of land uses resulting in a greater than five percent (5%) change in area of any proposed use. f. Any reduction of an amount of common open space, landscaping or buffering. g. Any change to exterior elevations of buildings which alter rooflines, building materials, approved color schemes or result in a change in architectural style. h. Other changes of similar scale, proportion or use. Minor changes not approved by the city administrator may be approved by the city council without review and recommendation by the plan commission, unless the city council refers a request for a minor change to the plan commission for review and recommendation. http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 13 of 16 2. Major changes to the preliminary PUD plan are modifications which alter the concept or intent of the planned unit development exceeding the criteria set forth constituting a minor change. If a major change is requested, the applicant shall submit a revised PUD preliminary plan and supporting data with an application for a major change to the clerk's office, not less than forty five (45) days before the plan commission meeting. The plan commission shall recommend to the city council approval or denial of the application for a major change. Subsequent to receiving the plan commission and park board (when applicable) recommendations, the city council shall approve or deny the application for the major change. (Ord. 2006-40, 5-23-2006) 10-13-7: DEVELOPMENT STANDARDS: U The density, minimum lot size and minimum setback dimension for each use proposed within a PUD shall be determined by the conventional zoning classification which would permit the proposed use unless a variance is specifically requested as part of the concept PUD request. Plan commission shall make findings and recommendations to city council for approval of the planned unit development, based upon the following standards: A. General: 1. The uses permitted Bch epti as may be requested or recommended are necessary or desirable and a to to the purpose of the development. 2. The uses perm ked in suc development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood. 3. That all minimum requirements pertaining to commercial, residential, institutional or other uses established in the planned development shall be subject to the requirements for each individual classification as established elsewhere in this title, except as may be specifically varied herein granting and establishing a planned development use. 4. There is no minimum district size required for a PUD. 5. Wherever the applicant proposes to provide and set out, by platting, deed, dedication, restriction or covenant, any land or space separate from single-family or multi-family residential districts to be used for parks, playgrounds, commons, greenways or open areas, the plan commission may consider and recommend to the city council and the city council may vary the applicable minimum requirements of the comprehensive plan, subdivision regulations and the zoning ordinance which may include, but not necessarily be limited to, the following: http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 14 of 16 a. Rear yard. b. Side yard. c. Lot area. d. Bulk. e. Intensity of use. f. Street width. g. Sidewalks. h. Public utilities. i. Off street parking. B. Residential: 1. Business uses may be included as part of a p d 'dential development when applicable. 2. Use regulations: a. Uses proposed are consistent ' thos ted as allowable uses in the respective zoning districts. 3. Uses listed as special use the ng district in which the development is located may be allowed. 4. Signs. In accord ce with t regulations set forth in title 8, chapter 11 of this code. 5. The plan commissi commend and the city council may approve access to a dwelling by a driveway pedestrian walk easement. Off street parking facilities for such dwelling shall be located not more than two hundred feet (200') from the dwelling served. The plan commission also may recommend and the city council may approve yards of lesser widths or depths than required for permitted uses in the zoning classification which the planned development is including, provided: a. Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. b. That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and that due consideration is given to the openness normally afforded by intervening streets and alleys. c. The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district in which the planned development is included and the plan is developed to afford adequate http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 15 of 16 protection to neighboring properties as recommended by the plan commission and approved by the city council. C. Nonresidential: In a planned business development, the following additional requirements are hereby specified: 1. Residential use may be included as part of a nonresidential planned unit development. 2. All walks within the planned unit development shall be paved with a hard surfaced material meeting the specifications of the city engineer. 3. Any part of the planned development not used for buildings, loading and accessways and walkways shall be landscaped with grass, trees, shrubs and other plant material according to the landscape plan, as recommended by the plan commission and approved by the city council. 4. Permitted business uses shall be prescribed in the ordinan ranting the planned development. 5. The buildings in the planned development sO'al, ned d designed as a unified and single project. 6. Business developments shall be adequafMy n by fencing or landscaping or both along the boundaries of adjacen depublic open space, schools, churches or other similar uses. D. Conditions And Guarante�. to g Ling any special uses, the plan commission may recommend and the city ctunci ipulate such conditions and restrictions upon the establishment, location, constr do , maintenance and operation of the property governed by the sp 'al use. E. Effect Of Denial Of A Special Use: After a public hearing, no application for a special use which has been denied wholly or in part by the city council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the plan commission and the city council. F. Termination Of Special Use Permit: If work on the proposed development has not begun within twenty four (24) months from the date of the authorization order of the city council, the authorization shall become null and void and all rights hereunder shall lapse. (Ord. 2006-40, 5-23-2006) http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 Sterling Codifiers, Inc. Page 16 of 16 10-13-8: FEES: The city council shall establish a schedule of fees, charges and expenses for occupancy permits, appeals, applications and amendments for special use, and other matters pertaining to this chapter. The schedule of fees shall be posted in the clerk's office and may be altered or amended only by the city council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 2006-40, 5-23- 2006) 10-13-9: SEVERABILITY: Each section, clause and provision of this chapter shall be co N' ered as sep arable, and the invalidity of one or more shall not have any effect upon the vaother sections, clauses or provisions of this chapter. (Ord. 2006-40, 5-23-2006) * 91** 10-13-10: REPEAL OF CONFLICTING O INANCES: Any and all other ordinances or parts of ina S, in conflict herewith are repealed. (Ord. 2006-40, 5-23-2006) low 10-13-11 : EFFECTIVE DAT This chapter shall be in full force and effect immediately after passage, approval and publication in book form according to law. (Ord. 2006-40, 5-23-2006) http://www.sterlingcodifiers.com/codebook/printnow.php 3/9/2012 CHAPTER 13 Planned Unit Development SECTION: 10-13-1: Purpose and Intent 10-13-2: Authority 10-13-3: Definition and Size Limitations 10-13-4: Procedures for Establishment 10-13-5: Pre-Application Conference 10-13-6: Concept PUD Plan Review 10-13-7: Preliminary PUD Plat 10-13-8: Final PUD Plat 10-13-9: Amendments or Minor Revisions to PUD 10-13-10: Conditions for Approval 10-13-11: Development Standards and Design ri a 10-13-12: Fees 10-13-13: Separability 10-13-14: Effective Period of Planned i ment 10-13-15: Effective Date 10-13-1: PURPOSE AND INTEN Planned Unit Developments are e and differ substantially from conventional subdivisions and therefore require administrative proc ing as "Special Uses"under this Title. Planned Unit Developments are a complex type of Special Use, ly consisting of various land uses and design elements, requiring the establishment of more specific procedures, standards and exceptions from the strict application of the zoning district reguJ#tions to guide the recommendations of the Plan Commission and the action of the City Council. The purpose of this chapter, therefore, is to provide for an alternative zoning procedure under which land can be developed or redeveloped with innovation, increased amenities and creative environmental an* rchitectural design than would be possible to achieve under the otherwise standard zoning district regOations while being in general compliance with the planning objectives and intent of the zoning ordinance. Under this procedure, well planned residential, industrial/manufacturing, commercial and other types of land uses, individually or in combination, may be developed with design flexibility allowing for full utilization of the topographical and environmental characteristics of the site. Planned Unit Developments must have an approved development plan which provides for a unified design, contiguity between various elements and be environmentally compatible with the surrounding area. There should be an increased benefit upon the health, safety and general welfare of the public and particularly, in the immediate surroundings,than developments built in conformity with the underlying district regulations. If building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD;then the amount of open space,retention of existing vegetation, buffer areas, new landscape, public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. The Planned Unit Development is not intended to be a mechanism solely used for the allowance of 1 increased densities or as a means of circumventing the bulk regulations or zoning standards under this Title, rather a Planned Unit Development shall generally provide attributes in excess of conventional city zoning, building and other land use requirements such as,but not limited to the following: A. Providing a maximum choice of the overall living environment through a variety of type, design and layout of residential structures, commercial and industrial buildings, office and research uses and public facilities; B.Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; C.Promoting a more useful pattern of dedicated open space and recreation areas incorporated as part of the development plan and that is compatible with the immediate vicinity; D. Provide public access and pedestrian connectivity via bicycle/recreational paths, sidewalks and/or alternative modes of transportation. E. Providing and or preserving substantial landscaping with emphasis given to streetscape areas, buffer zones, and the provision of significant landscaping(in terms of size of landscap reas and quantity and quality of landscape materials)within the developed portions of the site; F. Incorporating a consistent architectural theme which is uniqu to e ecific site and surrounding community through the use of building materials, signage and w md' standards as well as design elements. Generic corporate architecture and big box desig strongly discouraged but not prohibited.Uses should be designed according to the limitation o e site rather than the removal of the limitations. Specific design details such as roof Qlshts',,arch' ctural details, varying roof heights, pitches and materials and building colors and mat d be addressed; G. Retain, utilize and incorporate historic f e ect site into the overall project design, if physically and economically feasible;an H. Promote and strengthen the econ 'c vi ' enhance the aesthetic qualities of unified large-scale commercial developments. I. Encourage high-qua r y p ne ' dustrial park environments and well-designed business centers for single or multiple-tenant ilities. J. Provide/enhance regi ublic infrastructure such as roadways, water/sanitary service, storm water management objectives. 10-13-2: AUTHORITY: A. The Plan Commission shall review and recommend approval, approval with modification or denial of applications for Planned Unit Developments. The City Council shall have final decision to approve, approve with modification,or deny applications for Planned Unit Developments. B. The procedures set forth in this chapter shall apply to all Planned Unit Developments. C. Planned Unit Developments may be allowed in each of the zoning districts in the United City of Yorkville only as a Special Use as prescribed in Chapter 6: Permitted and Special Uses and approved pursuant to the procedures set forth in Section 10-4-9 of this Title. 2 D. Bulk regulations set forth in the Zoning Ordinance shall not apply to Planned Unit Developments; provided, however, that the Off-Street Parking and Loading regulations set forth in Chapter 18 of this Title shall apply to all Planned Unit Developments. 10-13-3: DEFINITION AND SIZE LIMITATIONS: A Planned Unit Development is a tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, and which is at least four (4) acres in area, except for planned developments operated by a municipal corporation which shall be at least two(2) acres in area, and Planned Unit Developments in manufacturing districts which shall be at least ten(10) acres in area. All land area within a Planned Unit Development must be contiguous;provided that properties separated by highways, streets, public ways, railroads or other public utility right-of-ways may be deemed contiguous for the purpose of qualifying as a Planned Unit Development. Pursuant to procedures set herein, the establishment of a Planned Unit Development shall be applicable tc the addit f property to an existing Planned Unit Development. 10-13-4: PROCEDURES FOR ESTABLISHMENT: A. Planned Unit Development applications shall be hereinafter provided and shall be accompanied by the required plats and docume i ed ans, drawings and other information as specified in this Title shall be required at the time of the arious phases, meetings and hearings as detailed herein.Each stage shall be reviewed and certified by the Zoning Administrator as being in accordance with the Planned Unit�Wevelopment requirements before proceeding to the next stages. The approval process shall i ude th- following stages: 1. Pre-Application Conferee t ry meeting held with City staff as set forth in do -13-5 of this Chapter. 2. Conce t PUD Plan 1Z view- informal review of overall concept conducted by the City Council to provide constructive feedback to petitioner of plan as set forth in Section 10-13-6 of this Chapter. 3. Preliminar Plat- First,a technical review of detailed plans by various city departments at a Plan Council meeting is held;a public hearing is then conducted by the Plan Commission; and final determination is made by the City Council,as set forth in Section 10-13-7 of this Chapter. 4. Final PUD Plat- A public hearing is then conducted by the Plan Commission with final determination made by the City Council,as set forth in Section 10-13-8 of this Chapter. B. The final two (2) stages of the PUD process, Preliminary PUD Plat and Final PUD Plat, may be submitted and reviewed concurrently, as determined by the Plan Council, based upon the following criteria: 3 1.The PUD plan forwards the goals of the city's planning objectives and official plans, including but not limited to, the Integrated Transportation Plan, Downtown Vision Plan, Stormwater Management Plan and various watershed development plans. 2.The PUD plan requires limited variances from the use or bulk regulations of the conventional/underlying zoning district in which it is to be located. 3.The benefit of the PUD plan shall forward or exceed the goals of the stated development standards and regulations of city ordinances, which include but are not limited to, the Subdivision Control Ordinance, Landscape Ordinance, Sign Ordinance, Design Guidelines and Water Conservation Ordinance. 10-13-5: PRE-APPLICATION CONFERENCE: A. Purpose: The purpose of the pre-application conference is to provide information, guidance and assistance to the applicant before preparation of the concept plan so that the applicant may receive informal input on: 1. Whether the proposed Planned Unit Development will be in o the planning and other development goals and the policies of the United City of Yo 2. Whether the existing zoning and land use in the ge a f the Planned Unit Development is appropriate for a Planned Unit Development. B. Procedure: Prior to filing an application for ap ::oval o Planned Unit Development, the petitioner shall be required to contact the city admini�r or his d, ignee to arrange an informal pre-application meeting with city staff and its consulta 1. The pre-application con�lerc x mandatory and shall be held with staff,but is at no charge to the petiti er.At such conference,the applicant shall provide information relating to the f e location of the proposed Planned Unit Development; 'qb' The land use types and approximate area of proposed land uses; A list of any and all exceptions to the zoning ordinance and subdivision regulations requested;and d. Other information pertinent to the proposed Planned Unit Development. 2. The pre-application conference shall be an informal communication and discussion of the proposed Planned Unit Development, and no commitments shall be given, nor shall statements or opinions of the city staff and its consultants be deemed binding. 3. Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the city and advise the applicant on the information, documents,exhibits,and drawings on the proposal that should be included in the application to the city for a Planned Unit Development. (Ord.2006-40,5-23-2006) 4 10-13-6: CONCEPT PUD PLAN REVIEW: A. Purpose: The presentation of a Concept PUD Plan is optional. The purpose of the Concept PUD Plan is to enable the applicant to obtain the informal feedback from the city staff and City Council regarding the overall project concept, density and dwelling unit or land use type prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. B. Procedure: Not less than forty-five (45) days before the next available City Council meeting, the applicant shall submit to the City for review the conceptual Planned Unit Development plan. The submittal shall consist of twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form,two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fee. 3. An aerial photograph exhibit of the property taken within the t t ) years. The aerial photograph exhibit shall be one-inch equals one-hundred(1"= 100) le,b 0 less than one-inch equals four hundred(1"=400)and shall include the followin a.Title or Name of the proposed Planned Unit Develo t. b. Outline of property boundaries. c.Adjacent area within one-fourth(1/4)mile o rope 3. A zoning plat including a legal descr' n of property with total property acreage notated to be included in the Planned Unit Develo in 4. A written explanation of th ral ch cte the proposed Planned Unit Development that shall include the following: a. A descript' of all pos nd uses(including open space)with percentages of each use; b. Projected dens and housing type for each residential use; c. A description of the development standards and design criteria applicable to the proposed Planned Unit Development; d. An outline describing why the property should be developed as a Planned Unit Development; e. Identification of the conventional zoning classification allowing the uses for each land use type included and compatibility to the future land use designation for the property in the City's official Comprehensive Plan; f. Identification of existing uses and zoning of adjacent properties to the Planned Unit Development. g.A list of requested exceptions to applicable city ordinances and codes. 5 5. A written description of general site information that should include, but shall not be limited to, the following,if known or available: a. Existing site conditions. b. Environmental characteristics. c. Availability of community facilities and utilities. d. Existing covenants. 6. A conceptual Planned Unit Development sketch or land plan. The sketch or land plan shall provide sufficient detail to demonstrate the physical relationship between the existing land condition, surrounding land uses and the proposed Planned Unit Development,and shall include the following: a.North arrow(true meridian),scale and date of preparation. b.Name and address of the site planner, or engineer who prepared the an. c.Name of property owner. d.Name of petitioner/developer. e.Proposed name of the Planned Unit Developm f. Location map showing the location of the ed t Development within or proximity to the corporate boundaries. g.Boundary and/or property line o elopment and dimensions of the lots into which the property is proposed to be s ivi 00T, h. Proposed land uses, and total acreag and percent of the site devoted to each land use including minimum and avera e 1 izes and proposed dedication of land for school and park sites, if applicable C. City Council Revie he City Council shall conduct an informal review of the conceptual Planned Unit Development p and supporting documentation and provide the applicant with general comments on the following: 1. Compatibility of the proposal with the transportation plan, zoning ordinance, subdivision ordinance and land use planning goals and objectives of the city. 2. Appropriateness of the proposed land uses. 3. General layout of open space, streets,parking areas,lots and buildings. 4. Other information the City Council would recommend be prepared for the preliminary Planned Unit Development plan phase. 10-13-7: PRELIMINARY PUD PLAT: 6 A. Purpose: The purpose of the Preliminary PUD Plat submission is to obtain approval from the City that the plans the applicant intends to prepare and follow are acceptable as a Preliminary PUD Plat,and that any final plans will be approved provided they substantially conform to the Preliminary Planned Unit Development Plat. Approval of the Preliminary Planned Unit Development Plat shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. B. Procedure: Not less than forty five (45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk's Office for Preliminary Planned Unit Development Plat approval. The applicant shall submit twenty(20) paper copies folded to fit in a 10"x 13" envelope and two (2) electronic copies of the following documentation: 1.A completed notarized application form,two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 3. Disclosure of beneficiaries form and statement of present and pro idownership of all land within the development. 4. An aerial photograph exhibit of the property taken within.th`elast o ears of the adjacent area within one-fourth (1/4) mile of property. The aerial, if exhibit shall be one-inch equals one-hundred(1"= 100)scale,but no less than one-inch equals four hundred(1"=400). 5. Written explanation of the character of the Planned Unit lopment and the reasons why it has been planned to vary from the conventional Wining Ordina a regulations. This explanation shall detail how the proposed Planned Unit D �elopm=, t meets the objectives of all official plans which affect the subject property. 6. Preliminary Planned Unit Develop t Plat he plat shall be a detailed plan which includes at a minimum,the following inforcn�ion. a. Title notation stating"Prelimin' Pla or"Preliminary Plan". b. North qress le less than 1 inch equals 100 feet)and date of preparation. c. Name of the site planner,engineer or surveyor who prepared the plan. d. Name oy owner. e. Name of petitioner/developer. f. Proposed name of the Planned Unit Development or subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County. g. Location map showing the general area of the Planned Unit Development within or proximity to the corporate boundaries. h. Legal description prepared by a registered land surveyor. i. Boundary lines—bearings and distances. 7 j. Site data,including,as applicable: 1) Current zoning classification. 2) Total area of property in square feet and acreage, and percentage of each proposed land use. 3) Square footage and percent of site coverage with buildings. 4) Square footage and percent of site coverage with impervious surfaces. 5) Square footage and percent of site covered dedicated to common open space such as storm water management systems, landscaping and buffers, parks, trail corridors and recreational areas. 6) Total number of off-street parking and loading space rov and method used to calculate the number of required spaces for each 1 7) Total number of buildings. 8) Total number of residential dwbn e, and the number of bedrooms in each dwelling unit type. 9) Gross Floor Area for all n ilding s/uses. 10) Gross and net densities the erall Planned Unit Development and for each land use. R enti ity: Provide information on the density of residential uses, clu dwelling units per acre, dwelling units per net acre; gross and net residential density (dwelling units per acre of land devoted to residential sectors of the PUD; gross being all land, net being gross acres minus land used for public or common usage). Information should also be provided for each unit in the Planned Unit Development,if applicable. b. Non-Residential Intensity: Provide information on the type and amount of non-residential uses including building locations, sizes, floor area ratio, building height,the amount and location of common open space. 11) Minimum,maximum and average lot sizes. 12) Percent of lot coverage for all uses except detached single-family and duplex. k. Depiction of Lots: 8 a. Residential lots shall depict approximate lot dimensions;building footprints for all multi- family and single-family attached structures; and dimensioned required yard setbacks. b. Non-residential lots shall depict building footprints and dimensioned setbacks. Information regarding purpose/use and height of non-residential buildings shall also be provided. 1. Existing zoning and land use of adjacent property within five hundred feet(500') of all sides of the site. m. Other conditions of adjoining land — owners of un-platted land; subdivision plat name, recording date and number of adjoining platted land; actual direction and gradient of ground slope, including any embankments or retaining walls; character and location of ma' buildings, railroads, power lines and towers. n. Municipal limits. o. School district boundaries. p. Existing easements—location,width and purpose. q. Location of existing streets in, and adjacent , t e property including: street name, right-of-way width,existing and proposed center lines, ave nt ty e,walks,trails,curbs,gutters,culverts,etc. r. Proposed public improvements such'as' ighw and other major improvements planned by public authorities for future constructi ` on or near th property. s. Existing utilities on, an lac o e property including: location, size and invert elevation of sanitary and st s , ers, cation and size of water mains; location of gas lines, fire hydrants, electric and'telephone lines (a ove and below ground) and street lights; direction and distance to, and size of neare ater mains and sewers adjacent to the property showing invert elevations. t. Ground elevations on the property and on the first fifty feet(50') of all adjacent parcels showing a minimum of one foot(1')contours for land which slopes less than one-half percent(1/2%) along with all breaks in grades, and all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions; for land that slopes more than one-half percent (1/2%) showing a minimum of two foot (2') contours. Any land within the one hundred (100) year floodplain,as determined by the City Engineer or an outside consultant,shall also be shown. u. Subsurface conditions on the property shall be shown, if deemed required by the City Engineer or an outside consultant. This includes the location and results of tests made to subsurface soil, rock and 9 groundwater conditions,depth to groundwater,unless test pits are dry at a depth of fifteen feet(15'); location and results of a soil percolation test if individual sewage disposal systems are proposed. v. Water courses, marshes, rock outcrop, wooded areas, existing vegetation, isolated trees four inches (4")or more in diameter at breast height,existing structures and other significant features. w. Location of all proposed off-street parking and loading areas, including dimensions of parking spaces,drive aisles and loading zones. x. Configuration of all land proposed as open space including storm water management areas, parks, buffers,and trail corridors. y. All sites to be conveyed, dedicated, or reserved for parks, school sites,public buildings, and similar public and quasi-public uses. z. Pedestrian and/or bicycle circulation systems. aa.Limits of jurisdictional and non jurisdictional wetlands. bb.Any other data reasonably necessary to provide an acc ov `iew the proposed development. IL 7. Preliminary landscape plan indicating the name, rtety, siz ation and quantities of plant material for all common and dedicated areas including kways, buffer areas, storm water basins, wetlands, entry areas,medians, and parking lot islaa ds. landscape plan shall also depict permanent signs and street fixtures,and a detail plan of landsc'ping for a typical building area. 8. Preliminary engineering plan shal e dr on a print of the proposed land use plan. The 4111 proposed plan qJ1 a nap priate loca tion and dimensions of all sanitary sewers, storm sewers, and for a roposed land uses, drainage ditches, culverts and storm water retention/detents well as all utility easements,and be accompanied with: a.A feasibility report or statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. b.Preliminary stormwater report. c.Preliminary mass grading plan. d.Traffic analysis or study, prepared by a transportation engineer or planner, which analyzes the impact caused by the Planned Unit Development on the street and highway systems. 9. Architectural drawings. Preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: 10 a. Typical elevations (front,rear and side)for proposed residential and nonresidential buildings,which identify materials and color styling proposed for all elements of the building. b.Proposed building heights. c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. 10. Development Plan Schedule indicating: a. Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. b. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. c. Dates for beginning and completion of each stage. 11. The Plan Commission or City Council may require preparation and subm' , a petitioner's expense, of the following for review and evaluation: a.Fiscal impact study,detailing the estimated cost which the it Development will have on all taxing bodies, and anticipated revenues to such tax*b`, S w h will be realized from each phase of development. Information shall include detailed estimates'on: 1) Expected population of the develop 2) Impact on service and/or ope t incurred by each taxing body as a result of the development; 3) Any major capital ' est s ired, in part or in whole, by each taxing body due to the developme b.Proposed c q nditi and restrictions and/or homeowner association bylaws. c. Environmens or study, prepared by an environmental specialist, which analyzes the major impacnned Unit Development may have on the environment including, but not limited to,the effects on discrete ecosystems, deteriorated air quality in the immediate vicinity and along arterial and collector roadways leading to the Planned Unit Development from a specified distance determined by the City Engineer or consultant; any deterioration in the groundwater or surface water quality; effect on sensitive land areas such as floodplains, wetlands, forests, aquifer recharge areas,historic buildings or structures,prairie landscapes,and mineral resource reserves. d. Market study indicating the extent of market demand for the uses proposed in the Planned Unit Development including an analysis of demographics, sales potentials, competitive alignment, an assessment of the market share or opportunity gaps, and marketing positioning of each component of the Planned Unit Development. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the Plan Council. The Plan Council shall review the Preliminary Planned Unit Development Plat and supporting documentation 11 and make a recommendation to the Plan Commission as to the proposal's compatibility with the city's planning objectives, transportation plan,recreation master plan, zoning ordinance, subdivision control ordinance,annexation agreement,and other goals and policies for developing the city. D. Plan Commission Review: The Plan Commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the Plan Commission shall recommend to the City Council approval or denial of the Preliminary Planned Unit Development Plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. E. Park Board Representative: When applicable for the Park Board's review of the Preliminary Planned Unit Development Plat and supporting documentation, the Park Board shall have a representative present at the Plan Commission public hearing meeting for input and recommendation to the City Council. The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. 1) Park Board Representative's Purview (If Applicable): The Park Board Representative shall consider the following standards when considering the Preliminary Planned Unit Development Plat and supporting documentation: a.Compatibility of the proposal with the recreati m p an and park development standards. b.Layout and organization of the open space s c.Compliance with the city's land-cash arks. F. City Council Review: Subsequent t e i ing c e Plan Commission and Park Board recommendations, the City Council sbaft conduct a public meeting and shall approve or deny the application for the Preliminary Planned Unit Development Plat. 10-13-8: FINAL , D PLA� A. Purpose: A Fin, l,t for the Planned Unit Development, suitable for recording with the Kendall County Recorder of Deeds, shall be prepared by the petitioner for consideration and approval by the city. The purpose of the Final PUD Plat submission is to designate and depict with particularity the land subdivided into lots, whether conventional or otherwise, common open space and building areas. The Final Plat shall also designate and limit the specific internal uses of buildings, structures, and uses of land, as well as provide any additional information or details required by the City Council when approving the Final PUD Plat. B. Procedure: Not less than forty five (45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk's Office for Final Planned Unit Development Plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form,two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 12 3. Final Planned Unit Development Plat. The plat shall be a detailed plan which includes, at a minimum,the following information: a) An accurate legal description of the entire area under the immediate development within the Planned Unit Development. b) A subdivision plat of all subdivided lands in the same form and meeting all the requirements of the Yorkville Subdivision Control Ordinance and Municipal Code. c) An accurate legal description of each separate unsubdivided use area, including common open space. d) Designation of exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put,including construction details. e) Illustrate center line elevations, pavement type, curbs, gutters, culverts, etc., and a proposed street numbering designation shall also be furnished for each building. f) Construction plans detailing the design, construction or installation of site amenities; including buildings, landscaping, storm water detent n facilities and other site improvements. g) Certificates, seals, and signatures required for the dedicatio d and recording of the document. h) Tabulations on each separate unsubdivid e a luding land area, number of buildings,and number of dwelling units p i) Construction schedule—A final constructi s le indicating: i. Stages in which the project will be 'It, with emphasis on area, density, use of public facilities,and spa)e, be developed with each stage. ii. Each stage as a sep e unit shall be described and mapped on the project. Overall design of ea un all be shown on the plan and through supporting graphic materia iii. tes.for beginning and completion of each stage. 4. Common S e Documents: All common open space, at the discretion of the City Council, shall be: a) Con ed to a city or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefitting the owners and residents of the Planned Unit Development or adjoining property owners of any one or more of them. All lands conveyed hereunder shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space;or b) Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned Unit Development or adjoining property owners and/or both. c) Such documents shall also provide that the city shall have the right, but not the obligation, to perform necessary maintenance of the common open space, and shall have the authority to place a lien against the individually-owned property in the Planned Unit Development for the costs thereof. 13 5. Public and Quasi-Public Facilities — Guarantee of Performance: All public and quasi-public facilities and improvements made necessary as a result of the Planned Unit Development, including but not limited to,parks, schools,recreational areas,etc., shall guarantee the completion of such, as set forth in the Yorkville Subdivision Control Ordinance, except where varied by the approved Final Plat. 6. Final covenants,conditions and restrictions and/or homeowner association bylaws. 7. Delinquent Taxes — A certificate shall be furnished from the County Tax Collector that no delinquent taxes exist and that all special assessments constituting a lien on the whole,or any part, of the property of the Planned Unit Development have been paid. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the Plan Council. The Plan Council shall review the Final Planned Unit Development Plat and supporting documentation and make a recommendation to the Plan Commission as to the proposal's compatibility with the city's planning objectives, transportation plan, recreation master plan, zoning durance, subdivision control ordinance,annexation agreement,and other goals and policies for develo the city. D. Plan Commission Review: The Plan Commission shall conduct a pub tc hear in accordance with Illinois Compiled Statutes. After the close of the public hearing, the P, n Commission shall recommend to the City Council approval or denial of the Final Planned Unit Development Plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. F. Park Board Representative: When applicable fCePark o s review of the Final Planned Unit Development Plat and supporting documentatio Board shall have a representative present at the Plan Commission public hearing meeting fd recommendation to the City Council. The recommendations may include conditions tided to be incorporated into final plans and supporting documentation. 1) Park Board Representative's Purview (i Applicable): The Park Board Representative shall consider the following standards when considering the Final Planned Unit Development Plat and supporting doc enta a.C atibil of proposal with the recreation master plan and park development Stan b.Layout organization of the open space system. c.Compliance with the city's land-cash ordinance for parks. G. City Council Review: Subsequent to receiving the Plan Commission and Park Board recommendations, the City Council shall conduct a public meeting and shall approve or deny the application for the Final Planned Unit Development Plat. 10-13-9: AMENDMENTS OR MINOR REVISIONS TO PUD: After the approval of the Final Planned Unit Development Plat, the use of land, construction, location of buildings and structures in the Planned Unit Development shall be developed in accordance with such approved plans,rather than by any other provisions of the zoning ordinance. Any changes,modifications or 14 alterations to the approved Final Planned Unit Development Plat shall be considered either a minor or a major modification. 1. No changes may be made to the approved Final Planned Unit Development Plat unless approved by the city. The nature of the requested change, either minor or major, to the Planned Unit Development will be determined by the City Administrator,or designee,as follows: A. Minor Changes: Minor changes to the Final PUD Plat are modifications or revisions that do not alter the overall intent of the PUD. Minor changes may be approved by the City Administrator, or designee if the proposed modification does not result in any of the following: i. An increase or decrease in overall density greater than five percent(5%). ii. An increase or decrease in the mixture of residential dwelling unit types greater than five percent(5%). iii. An increase or decrease in area for any land use or Ian se mixture greater than five percent(5%). iv. An increase or decrease in total number of parin es ter than five percent v. Any reduction in area of common open space, buffering, particularly when reduced below the minimum standar bed in Section 10-13-11: Development Standards and Design Criteria vi. Any significant changes in building layout,orieentation or height of buildings. vii. A change in the functional classif catioj a roadway. Minor changes not approved by ' ity dtrator may be appealed by the applicant or property owner to the City#uncil without review and recommendation by the Plan Commission or Park Board Rep esentatiye (when applicable), unless the City Council refers the request for a minor ange to the Plan Commission or Park Board Representative (when applicable)for review recommendation. B. Major C changes to the Final PUD Plat are modifications which alter the concept or inte of th proved PUD exceeding the criteria set forth constituting a minor change. Maj anges to the Final PUD Plat shall be subject to review and recommendation by the Plan mmission and Park Board Representative(when applicable)with final approval or denial det ' ed by the City Council. C. Application for PUD Modification or Changes: For any modifications or changes resulting in an amendment to an approved Final PUD Plat, the applicant shall submit a revised plat and supporting data with an application for a major or minor change to the Clerk's Office in accordance with the following: i. The title of the plat shall indicate the nature of the change. ii. If a major change, the revised plat and supporting data with an application shall be submitted to the Clerk's Office not less than forty five (45) days before the Plan Commission meeting. D. Notice for Major Changes to PUD Plat: The notice for a major change to an approved Final PUD Plat shall conform to the requirements of Section 10-4-10: Amendments of this Title. 15 E. All approved major or minor changes to an approved Final PUD Plat shall be recorded with the County and shall be binding on the applicants, their successors, grantees and assigns and shall govern the development of the PUD,as set forth therein. 10-13-10: CONDITIONS FOR APPROVAL: The Plan Commission may recommend approval of a Special Use for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat for the proposed development or amendment upon considering the following: 1. In what respect does the design of the Planned Unit Development meet the requirements and design standards of the development standards and design criteria, 2. The extent to which the proposed plan deviates and/or requires waivers of the bulk regulations in the zoning ordinance and how the modifications in design standar om the subdivision control regulations fulfill the intent of those regulations. 3. The extent of public benefit produced by the Planned Unit Development, as but not limited to, the adequacy of common open space and/or public recr oval facilit'; s provided; sufficient control over vehicular traffic; provision of public servi s; rovision and protection of the reasonable enjoyment of the land. 4. The relationship and compatibility,beneficial or a rs a armed Unit Development to the adjacent properties and nearby land uses. 5. The extent to which the Planned Unit Dev pme 1 s the objectives of the future planning objectives or other planning policies of the 6. The Plan Commission finds that t lanne nit Development satisfactorily meets the standards for Special Use as defined in Section -4-9 this Title. 10-13-11: DEVELOPM&sec ARDS AND DESIGN CRITERIA: A. Purpose: The ose n is to establish and provide a comprehensive set of standards and guidelines in wh P nned Unit Developments are designed. While specific recommendations for development and design are provided, flexibility is also encouraged through guidelines which enable individual developments to be distinct from one another while maintaining the inherent character of the city. B. Applicability: These standards and established criteria shall apply to all newly constructed buildings and sites within a Planned Unit Development. Each proposed development will be evaluated on its compliance with the established regulations/guidelines contained herein. C. Density: The density,minimum lot size and minimum setback dimension for each use proposed within a PUD shall be determined by the conventional zoning classification which would permit the proposed use unless a variance is specifically requested as part of the Special Use request. D. Use Regulations: Planned Unit Developments may be comprised of a single-type of land use or a mixture of land uses when applicable and when different intensity of land uses are appropriately buffered or separated. 16 1. Uses proposed shall be consistent with those listed as allowable uses in the respective zoning districts. 2. Uses listed as special uses in the zoning district in which the development is located may be allowed. E. The Plan Commission may recommend and the City Council may approve access to a dwelling by a driveway or pedestrian walk easement. Off street parking facilities for such dwelling shall be located not more than two hundred feet(200)from the dwelling served. F. The Plan Commission also may recommend and the City Council may approve yards of lesser widths or depths than required for permitted uses in the zoning classification which the planned development is including,provided: a. Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. b. That spacing between buildings shall be consistent with the ph ' n of recognized site planning principles for securing a unified development and th ue c eration is given to the openness normally afforded by intervening streets an Sys,, 1, c. The yards for principal buildings along the periphj&()IWLe de lopment shall be not less in width or depth than required for permitted u in ct in which the planned unit development is included and the plan is developed ti"a ord adequate protection to neighboring properties,i.e. fire protection and sufficient area need5r utility easements, as recommended by the Plan Commission and approved b ,he Cif ouncil. G. Design Criteria: All standards of the Un' ed Cit' o ille Design Guidelines (Ord. 2009-28) and the Section 7.00 Design Standards of the d Cit f Yorkville Subdivision Control Ordinance's shall apply to all Planned Unit Development 10-13-12: FEES: The approved char and enses r development fees, application fees, review fees and deposits for matters pertaining to this chapter shall be established by the City Council. These fees shall be approved by ordinance with a copy file the clerk's office and may be altered or amended from time to time,but only by City Council approval.Itil all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord.2006-40,5-23-2006) 10-13-13: SEVERABILITY: Each section,clause and provision of this chapter shall be considered as separable,and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses or provisions on this chapter. (Ord.2006-40,5-23-2006) 17 10-13-14: EFFECTIVE PERIOD OF PLANNED UNIT DEVELOPMENT: A. The planned unit development shall be constructed in a timely manner. The planned unit development shall be subject to revocation under the following conditions: 1. Final Plat approval does not occur within twelve(12)months from the date of approval of the preliminary plat of a planned unit development. 2. Construction does not commence and proceed within three(3)years from the date of approval of the Final Plat of a Planned Unit Development. 3. The City Council may extend the time limits for Final Plat approval for no more than two(2) 12- month periods. Commencement for construction may also be extended by the City Council in one (1)year increments. B. The City Council may initiate or the owner of the parcel of land on which the Planned Unit Development is to be constructed may apply for the revocation of the Planned Unit Development. The owner shall be notified,in writing, at least thirty(30) days prior twthe City Council's consideration of the revocation if initiated by the City Council. C. The City Council shall consider, but not be limited to e f standards in the review of the status of the project construction to determine whether t e nable cause for delay: a. The original program of develop t with gard to market demand for the components included in the final plan; b. Conditions in the real esta' nance arket; c. General economic conditio i ocal area,state or region; d. The ability anal osef ess f development operations for the Planned Unit Development; a d e. Law ordi nce ther regulations that may have affected timely development of the prof D. Upon consideration of t e findings by the City Council regarding the standards in Subsection 10-13- 14-C,the City Council shall decide whether: a. To revoke those portions of the Planned Unit Development for which construction has not begun; b. To extend the time allotted for construction to commence based upon a revised schedule of construction,or c. To require special changes in the Planned Unit Development as a condition of a time extension, whereby such changes shall be deemed a"major change"to the Planned Unit Development. E. Upon revocation of a Planned Unit Development, the parcel of land shall conform to the permitted uses and other regulations of the underlying zoning district of which it is a Special Use unless an 18 amendment or other Special Use is initiated by the City Council or is applied for by the owner of the parcel of land on which the Planned Unit Development was to be constructed and granted by the City Council. 10-13-15: EFFECTIVE DATE: This ordinance shall be in full force and effective immediately after passage, approval and publication in book form according to law,and its regulations shall be in effect except where a Final Plat for Planned Unit Development has been approved and building permit issued prior to the enactment of this ordinance, and further providing that substantial change of position, expenditures or incurrence of obligations by or on behalf of the applicant of such approval or building permit would occur as a result of compliance with the ordinance. Applications for Concept PUD Plan Review, or amendments to approved Preliminary PUD Plat or Final PUD Plat under the former Planned Unit Development (Ord. 2006-40, 5-23-2006) shall automatically become null and void by the enactment of this ordinance, less acted upon prior to the enactment of this ordinance. 09 19 PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2012-01 NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall County, Illinois, is proposing to amend Title 10, Chapter 13: Planned Unit Development, of the Municipal Zoning Ordinance to comprehensively revise the method and procedure in which planned unit development(PUD) applications are considered for approval. Copies of the proposed ordinance are on file with the City Clerk. You are further notified that the proposed ordinance may be changed, modified, amended or redrafted in its entirety after the public hearing. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, February 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 DRAFT UNITED CITY OF YORKVILLE PLAN COMMISSION City Council Chambers Wednesday,April 11, 2012 7:00pm Commission Members in Attendance: Chairman Tom Lindblom Sandra Adams Jane Winninger Jeff Baker Art Prochaska James Weaver Charles Kraupner Absent: Jack Jones, Michael Crouch Other City Staff City Administrator Bart Olson Alderman Larry Kot Alderman George Gilson Krysti Barksdale-Noble, Economic Development Director Chris Funkhouser, Alderman Other Guests— George Frost Ray Wolson Barb Wolson Tom Gilmour Judy Gilmour Paula Gawlik Tom Corredato Sue Corredato Nick Hettinger Art Williams Kathy Theis Steve Theis Lynn Neal Tim Neal Don Hirsch Fred DuSell David Schultz Pam Robinson Sharon Rose Chris Galbraith Mark Johnson Matt Schury,Kendall County Record Angie Phipps, Court Reporter Jillian Duchnowski, Yorkville Patch Meeting Called to Order Chairman Tom Lindblom called the meeting to order at 7pm. Roll Call Roll call was taken and a quorum was established. Previous Meeting Minutes -March 14, 2012 The minutes were approved as presented on a motion by Baker and second by Prochaska. Voice vote approval. 1 Citizen's Comments Joe Phillips of Brandon Road Properties made a statement to become part of the public record. This was in regards to 2 reports included in FOIA requests made in January 2012. He said the reports were in the hands of Yorkville City officials and included drainage and traffic studies at the intersection of Pavilion Rd. and Fox Rd. He said this information was available to the City when the Council voted and would have answered many questions at the previous Plan Commission hearing. He said the info was not turned over to his company, making the City in violation of the FOIA's. Public Hearings 1. 2012-01 United City of Yorkville is proposing to amend Title 10, Chapter 13: Planned Unit Development of the Municipal Zoning Ordinance to comprehensively revise the method and procedure in which Planned Unit Development(PUD) applications are considered for approval. A motion was made and seconded by Prochaska and Adams,respectively to open the Hearing. Voice vote approval. The hearing opened at 7:07pm and closed at 7:08pm on a motion by Winninger and second by Prochaska. Voice vote approval. There was no discussion or public comment. (See Court Reporter's Transcript) Old Business 1. PC 2012-02 D. Construction Management, Petitioner, on behalf of Brandon Road Properties,LLC, Owner, is requesting authorization within the R-2 One-Family District to temporarily fill low areas and grade portions of a site located at the northeast and southeast corners of Fox Road and Pavilion Road (Evergreen Farm Estates)with uncontaminated soil from roadway projects of the State of Illinois and return to agricultural uses as allowed by Special Use Permit in Section 10-6C-2 and Section 10-6B-2 of the United City of Yorkville City Code. Chairman Lindblom said there are 6 standards to determine if criteria are met in order to recommend Special Use to the Council. He also noted the vote 0-5 against the motion at the March Plan Commission meeting. The City Council will make the final decision. Chairman Lindblom said each point would be read and then discussed. Standards are paraphrased as follows: 1. Establishment of Special Use will not be unreasonably detrimental to the public health, safety etc. Commissioner Prochaska said he was concerned about the task at hand. At the last meeting, it was determined it was permissible as a Special Use, however, not permissible for that zoning. He said he was quoted in the minutes just approved, that there was not enough information to approve. He said the Commission's decision was based on the information they had at the time. The grading plan information was also not available at 2 the time. Baker stated it would not be detrimental to the general welfare, however, Prochaska said it could not be determined if this would or wouldn't be an issue with the information on that night. Mr. Baker countered that the State has very strict policies concerning water runoff. Mr. Prochaska said if the Special Use was approved as part of a development, the petitioner would need a preliminary plat with detention provisions. Because this is a special use, there is no plat required. It was suggested the reports Mr. Phillips referred to should be given to the City Council. The rest of the Commissioners said they did not know if the special use would be detrimental,based on the information at the last meeting. 2. Special use will not be injurious to use of other property, nor substantially diminish property values.... Due to the lack of information on the storage method of the dirt, the Commissioners agreed the dirt could be injurious. 3. Establishment of the special use will not impede normal development and improvement of surrounding property... The Commissioners said they did not feel this would be an issue. 4. Adequate utilities, access roads, drainage or other facilities being provided... All agreed there was no documentation for this. 5. Adequate measures taken to provide ingress/egress to minimize traffic congestion.. Commissioner Weaver said this would be affected by the County who would issue the permits. A staff recommendation was made to align the entrances of the northern and southern parcels off Fox. Chairman Lindblom said there could be an effect on traffic congestion. 6. Special use shall conform to the applicable regulations of the district except as any regulations being modified by the City recommended by the Plan Commission.... None of the Commissioners were aware of any issues. New Business (Description same as #1 under Public Hearings) Ms. Barksdale-Noble said staff has been working with the Zoning Commission to update the zoning code. The PUD ordinance was also considered and research was done on State codes. In order to encourage development, more info will be provided upfront to spur construction. The entire ordinance and code were modified. It was suggested to have Plan Commission and Park Board meet in joint meetings, however, the Park Board was concerned they would not have a vote. 3 Ms. Barksdale-Noble presented a chart showing the proposed steps for a review process for building: 1. Application 2. Concept PUD or preliminary/final PUD plat 3. Go before City Council for feedback Action Item i. Text Amendment Motion: A motion was then made by Adams and seconded by Kraupner to approve this amendment. Discussion: Mr. Prochaska said a mixed use might be better and an overlay district was suggested by Ms. Barksdale-Noble. Roll call: Adams-yes, Winninger-yes, Baker-yes, Prochaska-yes, Weaver-yes, Kraupner- yes, Lindblom-yes. Passed 7-0. Additional Business Ms. Barksdale-Noble said that Evergreen Farms will be on the agenda at the next City Council meeting on April 24. Adi ournment Prochaska moved and Kraupner seconded a motion to adjourn the meeting. Voice vote approval and the meeting was adjourned at 7:33pm. Respectfully submitted by Marlys Young, Minute Taker 4 c►ry0 Memorandum EST. 1ss6 To: Yorkville Park Board From: Laura Schraw, Interim Director of Parks and Recreation t X11 co CC: Tim Evans, Superintendent of Recreation �� Scott Sleezer, Superintendent of Parks <LE r° Krysti Barksdale-Noble, Community Development Director Bart Olson, City Adminsitrator Date: March 14, 2012 Subject: Proposed Text Amendment to the Planned Unit Development(PUD) Ordinance Per recommendations from Staff, the Zoning Commission and the City Attorney, changes to the Planned Unit Development Ordinance have been outlined in the attached memo written by Krysti Barksdale-Noble, Community Development Director. The ordinance revisions streamline the process for development. In Section 10-13-5 Pre-Application Conference, staff will review potential application and advise the applicant on compliance with the comprehensive plan and other planning documents such as the Parks and Recreation Master Plan and Integrated Transportation Plan(shared-use path planning.) Previous practice was that the plan would be brought to Park Board and comments would be made directly to the developer. In the revised ordinance, there is a representative from the Park Board that will attend the Plan Commission meeting to comment on the proposal. All Park Board members are welcome to comment on this plan at that time during the Public Hearing on any development. The changes in the document pertaining to the Park Board's role are in 10-13-7, E. E. Park Board Representative: When applicable for the Park Board's review of the Preliminary Planned Unit Development Plat and supporting documentation, the Park Board shall have a representative present at the Plan Commission public hearing meeting for input and recommendation to the City Council. The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. 1) Park Board Representative's Purview(If Applicable): The Park Board Representative shall consider the following standards when considering the Preliminary Planned Unit Development Plat and supporting documentation: a. Compatibility of the proposal with the recreation master plan and park development standards. b. Layout and organization of the open space system. c. Compliance with the city's land-cash ordinance for parks. Previously any PUD plan submitted to the City went through the following meetings and would take approximately 120 days for approval: 1. Pre-application Conference 2. Plan Council 3. Plan Commission* 4. Park Board* 5. EDC* 6. City Council* The new process would reduce the meetings, with one being optional, and take approximately 90 days: 1. Pre-application Conference 2. Optional City Council* 3. Plan Council* 4. Plan Commission* 5. City Council* *Public meeting. The changes to the PUD Ordinance were proposed by Zoning Commission, reviewed by the City Engineer, Attorney, and Staff, taken to EDC, and will be going to Plan Commission then City Council for final approval. This process is consistent with other communities PUD approvals. APPROVED 4/12/12 Yorkville Parks and Recreation Department City Hall 800 Game Farm Road March 22, 2012 at 7:00 p.m. Call to Order: Ken Koch called the meeting to order at 6:59 p.m. Roll Call: Ken Koch-yes; Debbie Horaz -yes; Kelly Sedgwick- no;Amy Cesich -yes;Vicki Covney-no; Mark Dilday-yes; Seaver Tarulis -yes. Introduction of City Officials and Staff: Laura Schraw-Director of Parks and Recreation Scott Sleezer- Superintendent of Parks Tim Evans - Superintendent of Recreation Other Guests: None. Public Comment: None. Presentations: None. Approval of Minutes: The minutes from the March 8, 2012 meeting were approved. Motion was made by Seaver Tarulis and seconded by Deb Horaz. Bill Review: The board reviewed the bills list. Ken Koch stated Tommy McNeal was a great referee this year for REC Basketball. Tim stated he will let Shay know. Amy Cesich asked about the price for mulch. Scott stated the city shops the price each year for the best price. The bills list was approved. Motion was made by Amy Cesich and seconded by Mark Dilday. Park Board Budget Report February 2011 and Park Board Budget Report for February 2012 -The board had no questions regarding the budget reports. Old Business: None. New Business: Proposed Text Amendment to the PUD (Planned Unit Development) Ordinance - Laura Schraw stated previously the process would go through several different committees, commissions and city council and not necessarily be changed. The proposal is that instead of going through so many committees and boards, the majority of the commenting will occur from staff which happens before the plan is released to the public. Laura said she will sit in and make sure plans meet the city's master plan and it is the proper direction to go with the next park development. After that meeting, they would go to plan commission and we would have a park board member there to represent and reinforce the points. Laura said the park board representative comments would be included in the hearing. After that, the planning commission will vote on it and forward it to city council. Laura said it is a way to have a representative sit on the commission and be a vocal representative of the park board. Ken Koch asked if the person would be sitting on the planning commission. Laura stated the person would be a voting member. Ken asked how that works with the Mayor appointing process. Laura said she is assuming they would expand the committee by a member,but only be there when there is something park board related and not all the time. Laura stated at that time, the park board member would be a voting member and their comments would be included in the public hearing. The board discussed how things worked in the past in Yorkville when working with developers. Ken Koch said he would like that process to remain intact somehow. Ken said the board needs to hear the plans staff is taking to planning commission. Scott said prior when they submitted a plan to park board, staff would create a memo with staff recommendations to the developers. Laura stated the point of this process is by the time this gets to Park Board the developer should be following staff recommendations. Ken said there might be items where they decide to do something different because of a potential school site or something. Laura said she doesn't think that is an issue because staff is reviewing things and knowing what the city needs. Ken stated if he gets wind of something he things is wrong with the PUD, he stated he is then forced to go to city council and go against staff. Laura said no,because you have the planning commission. He said but you are forcing a park board member to go to city council to explain. Laura said no not necessarily. She said staff comments will be in a memo that will go to city council. Scott stated this will actually help by getting this to the developers earlier and come to park board when staff has already seen it. Deb Horaz doesn't like just one person not the full board involved. Ken said staff needs to make sure early in the process it is run by this board at some point, so the board can see it. Laura said it comes to park board after it is in the planning commission packet. Laura said the staff is not trying to not speak to the board about it, it just might not be prior to the planning commission meeting. Ken asked if it then goes directly to city council. Laura stated yes. Scott said he understands the concerns the board has. Scott said the staff has been great about updating the city plans and the staff is pro park and the board should trust in the staff. Deb Horaz said we do,but we as a board would like to give our advice and then just one person on the board is representative. Amy said the staff is ever changing so then what happens. Laura said in other districts the park board members don't have any say in park designs. Ken asked what was the reasoning for this change. Laura said staff and the attorney because of policies in other communities. Krysti understands your value and recommended to have a representative there from park board. Laura said in Yorkville, the board has more of a voice here than other communities. She said staff will tell you what is going on. Ken said he likes the idea of being part of planning commission. Ken said he just wants an avenue to stop something the park board doesn't like. Laura said if we have to call an extra meeting to discuss something, we can always do that. Ken said before it goes to planning commission, get it to the board so that we can see what is going forward. Laura said because the plan has to be published for open hearing,we will have to wait until after the meeting to discuss it. Laura said we can have a meeting before it goes to city council. Deb Horaz stated the staff needs to communicate what their wants are so the board is one the same page. Deb asked if this is an appointed position. Laura said she doesn't think so, she will check on it. Amy asked if we can rotate the person. Laura said when you are there,whatever you say is in the public hearing, which holds more value than you know. Laura said if the board is adamantly against this, I will pass it to Krysti. Ken said it needs to come to the park board in a meeting before it goes to planning commission. Ken said the developers don't need to come here and take their time. Amy said she does like having the member at the planning commission and board agreed. Ken said he doesn't think this will be a problem in the near future because of the developments sitting empty right now. He stated it could be years before there is any new developments. Amy said she wants to see the developments that are already here developed before anything new is built. Laura said right now the advantage the board has is having someone here in this building involved in all the planning. Laura said she is involved in so much, she knows what is going on. The board agreed they want a voting member on the planning commission. Ken said he just wants something to come through here before the planning commission meeting. Laura said she will ask if the representative is appointed or not and if we can change it to come through the park board first. Amy said she just finds it interesting that the trend is the park board is being phased out and gives leverage to the council. Laura said staff wants the park board. Amy said she likes the idea of streamlining so things can move along quicker. Amy said she just wants to be careful that the importance of this board doesn't get lost. Deb said we work as a team here. Ken said he doesn't want to have to argue with staff. Laura said sometimes they don't listen,but that is why we keep writing memos and state what the staff and park board want. Laura said she will talk to Krysti and get some more answers. Reports: Directors Report-Laura stated a resident came and spoke about Riverfront and Beecher park and his concerns about not removing Beecher like Riverfront. The board was happy to hear of that concern because they agree. Laura recommended the board to attend the city council meetings so they can state the concern that parks and recreation are vital to this community. Deb stated she thinks the public does support parks and recreation. Ken stated services should not be cut. Deb said people came to this town with these programs. Amy said it is a contradiction.Amy said the city is trying to get people to move here, yet cutting programs. Parks Report - Scott stated the lights are going up on the tennis courts next week. He stated the city is doing all the electric, so it will be a few months before they are on. The paving should be mid to late April. Recreation Report -Amy asked about the memberships at the REC Center. Tim stated it is about the same as last year, the weather has hurt us a bit. Tim said they are going to cut back on staff hours a little bit. Tim said the 5K sign up is going well. Additional Business: None. Adiournment• There being no further business, the meeting was adjourned at 8:10 p.m. Motion was made by Amy Cesich and seconded by Ken Koch. *Items needed for Board approval or recommendation. Minutes Respectfully Submitted by: Lisa Godwin Minute Taker c►ry0 Memorandum EST. 1ss6 To: Yorkville Park Board From: Laura Schraw, Interim Director of Parks and Recreation t X11 (4 CC: Tim Evans, Superintendent of Recreation �� Scott Sleezer, Superintendent of Parks <LE r° Krysti Barksdale-Noble, Community Development Director Bart Olson, City Administrator Date: April 4, 2012 Subject: Proposed Text Amendment to the Planned Unit Development(PUD) Ordinance The proposed text amendment to the PUD Ordinance discussed at the last Park Board meeting on March 22nd had a few follow up questions. 1) Can the plan come to Park Board prior to going to Plan Commission so the entire Park Board can comment on the plan? I spoke with Krysti and she said that once the formal application has been submitted to the City we can bring the development plan to the Park Board for comment. It should be assumed that the petitioner already had a pre-application meeting seeking staff's recommendations based on the Master Plan and the City's Comprehensive Plan and ordinances. They do have the option to go to City Council and presented a conceptual plan at any time during this process. Staff will be able to bring the plan to you at the first available Park Board meeting after the application is received. Typically there will be 45 days until the Plan Commission meeting from the time of application therefore there should be time to bring the plan to Park Board. There must be at least 30 days for the public hearing notice, therefore it is rare that the Plan Commission meeting with the agenda item will be any sooner than 45 days. 2) Is the position appointed? The person filling the position by the Park Board member can be determined by the Park Board. You can have one person for a set time or rotate, however you see fit. APPROVED 5/10/12 Yorkville Parks and Recreation Department City Hall 800 Game Farm Road April 12, 2012 at 7:00 p.m. Call to Order: Ken Koch called the meeting to order at 7:00 p.m. Roll Call: Ken Koch -yes; Debbie Horaz - yes; Kelly Sedgwick-yes;Amy Cesich- no; Vicki Covney-no; Mark Dilday-no; Seaver Tarulis -yes. Introduction of City Officials and Staff: Laura Schraw-Director of Parks and Recreation Scott Sleezer- Superintendent of Parks Tim Evans - Superintendent of Recreation Other Guests: None. Public Comment: None. Presentations None. Approval of Minutes: The minutes from the March 22, 2012 meeting were approved. Motion was made by Seaver Tarulis and seconded by Kelly Sedgwick. Bill Review: Deb Horaz asked a couple questions about legal fees. Laura said she will check what they were for and let her know at the next meeting. Tim stated the fee was probably for the Pepsi agreement. Deb asked about a deposit refund. Tim said he will check on it and let her know. Deb asked about $140.00 Yorkville Glass and Mirror. Scott stated he put new pivot points on the doors at the REC Center. Motion was made to approve the bills list by Kelly Sedgwick and seconded by Seaver Tarulis. Bill list was approved. Old Business: Proposed Text Amendment to the PUD Ordinance -Laura stated she spoke to Krysti and she stated that once the formal application is submitted, we can bring the development plans to the park board for comment. She said from the time the application is submitted, we have 45 days, which leaves enough time to bring it to the Park Board and discuss the recommendations. Ken said the Mayor said the board can always ask the Council and Mayor to table it until the board has a chance to decide. Ken asked about Park Board recommendation to PUD. Laura said the Park Board representative would sit on the Plan Commission. Ken asked if the Park Board didn't like the plan, how would that work. Laura said the representative would come and state how the Park Board feels and let Planning Commission know the recommended changes. Ken stated his concern that one vote will still not matter. Ken said he would like to see the recommendation from the board go along with that. Laura said that is what the representative will do is relay the feelings of Park Board. Deb and Ken stated this is a totally different way to handle these things. Laura stated the Park Board is still making the recommendation. Ken said there needs to be other avenues, otherwise the Park Board member will be fighting staff. Laura said the city will make recommendations as to what the city has done in the past. Deb said in the past, Park Board made a decision as a board and we had a liaison that helped get our concerns across. Deb said now Planning Commission can deny it or do what they want. Laura stated that the memo to City Council will give the recommendations of Park Board and your concerns. Scott stated staff follows a master plan and what if the Park Board decides they want to change something on the master plan. Scott said Ken's concern is those situations, so how will these situations play out. Laura stated the city documents everything by memos. Ken stated the developer always met with Park Board previously and our recommendation was submitted. There was much discussion about Park Board concerns with the city changing this process. Laura stated the Park Board is still having their recommendation heard by their representative. Deb Horaz said she feels it is a way to sidestep Park Board. Laura stated if there is a contentious issue, the board has 45 days to discuss their concerns. Ken stated he wants to see a yay or nay recommendation from the Park Board go along to City Council. Ken stated he liked how things worked in the past, since the board always had a representative for Park Board. Scott said the board does have Laura involved with Park Board now. The Park Board all stated they would like to meet Krysti and have her attend a Park Board Meeting. Ken said he wants a Park Board recommendation along with the PUD that goes to City Council. Ken wants an official Park Board recommendation not a memo to be read at Planning Commission. Laura stated she wants the board to be comfortable with whatever the decision. The board had discussion about how things have previously been done. Laura said she would like to write up a formal procedure so that it is documented so the city knows the procedure the city is supposed to follow. Deb Horaz asked questions about how these hearings work and Laura answered her questions. Ken asked when this change is supposed to take place. Laura stated April 24th. Deb stated basically the board doesn't want to be put out of the loop and she doesn't want to put the pressure on that one representative. Laura stated, but the board is making their recommendation and that representative takes it to the meeting. Laura stated if they didn't want Park Board recommendation, the city wouldn't put a Park Board member on the Planning Commission. Laura stated other cities do not have Park Board members involved in Planning Commissions. The board discussed that they feel their influence is shrinking. Laura said she will let Krysti know. Laura said if the board is that concerned, they need to attend City Council and voice their concerns. Laura stated the board has the right to fight it. New Business: Illinois Whitewater Festival Special Use Request *- Scott said this was his idea. Scott said the city has allowed camping in the parks before. Scott said it will be a one time thing for this particular weekend for the Ribs on the River event. Scott said the city can make specific rules for this camping event. Ken asked about Police patrolling. Laura said the police were fine with it. No alcohol will be allowed. The city will provide port-o-pottys. Scott said he thought it was a nice idea to keep people in town to eat and shop etc. If it goes well, the city could advertise it for residents. Ken said he wants to make sure the police are in agreement to patrol this. Scott said the city will come up with a set of rules for this event. Scott said the fee will go into the event. Ken asked for the next meeting to have a number for how many people and the rules set. Nicor Gas Waiver of Fees Request *- Laura stated Nicor is doing a volunteer day in Yorkville on May 19th to clean up our riverfront. Laura stated they are asking for a waiver of fee to use the shelter. The Board unanimously agreed. Motion was made by Seaver Tarulis and seconded by Kelly Sedgwick. YMCA Tri-City Challenge Waiver of Fees Request *-Laura stated the YMCA is holding their annual Tri-City Challenge. Scott said they canoe,bike and run from Yorkville to the Sandwich Hospital. Scott stated in the past, they have paid the fee, which is $95.00. The board unanimously agreed not to waive the fee. Motion was made by Deb Horaz and seconded by Kelly Sedgwick not to waive the fee. 2012 Grant Applications * - Scott said the city still hasn't heard on grants from last year,but he stated the city needs to start thinking grants now. Scott said maybe we should reapply for Riverfront, if we are turned down. Scott said he thinks the city should look at doing a development grant for Bristol Bay 65 and look at things we don't have like a stake park. Scott said the city could also go after an acquisition grant. He said with land prices so low, he would like to see a regional park. There was discussion by the board about a regional park, what to include and how to do it in the five year period. Deb said it would be great for festivals. The board discussed what parks are already out there and what hasn't been finished yet. Deb asked if the REC Center purchase goes through, should the board look at doing improvements on that. Scott stated that would be on the following year, but it would be a great idea. Laura said last year the grants were announced May 25th and due July 1 st, so Laura said we need to get a proposal to the City Council in May, so we can make changes if needed. Scott stated he likes the land acquisition idea. Deb agreed. The board discussed different locations and how many acres would be wanted and how much it would cost, and what kind of park would be best. Laura stated the board will have to go into executive session next meeting to discuss property ideas. The board stated they were in favor of doing that. Ken asked if there are grants to revamping old playgrounds. Scott stated yes. Ken said that might be a good idea for some of the parks in Yorkville. Laura stated that because Yorkville has so many playgrounds, we don't score high on the list. Park Board Meeting Time and Schedule Changes * -Ken stated because things are not as busy as in the past, we can probably do one full meeting and a bills meeting per month. Laura stated if we need to have additional business added, she stated that we can do that. Laura said each meeting will still have public comments. Laura said because there are so many summer events, if we have the first meeting at the beginning of the month, we can move the time up so we don't finish so late. The bills list meeting can also be moved up to 5:30 p.m. Deb stated the only thing that happened in the past at bills only meeting sometimes things would be discussed. She said just put additional business on there to cover us in the open meetings act. Laura said the next bills list meeting will be April 26, 2012 at 5:30 p.m. Laura asked about the May I Oth meeting time. The board decided to change the starting time of the meeting to 6:00 p.m. Reports: Director Report -Laura said she worked on designing a parking lot for behind Geneva Kayak Building. She stated they are waiting on the quote amount. She stated it is not a concern for out budget. Laura said she met with Tim Sullivan about the land cash appraisal and should hear something soon probably at the May 10th meeting. Recreation Report -Tim said this year we are getting $7,500 for the Pepsi agreement. It is $1,500 per year. Tim stated the contract is still being finalized. Scott said it might be for equipment,we still have to decide. Tim said every time we buy a case of something we get $2.00 this year we will get $2.50. Parks Report -The weather has been great this year for getting things done. Scott stated the baseball fields are very dry, but they are up and running. Scott said the lights are up at the tennis courts. They are not plugged in. Scott said they should be up and running in the next couple months. Scott stated that a soccer group did another rental with us and it helped pay for the new goals we purchased. Additional Business: None. Adjournment: There being no further business, the meeting was adjourned at 8:45 p.m. Motion was made by Kelly Sedgwick and seconded by Seaver Tarulis. Minutes Respectfully Submitted by: Lisa Godwin, Minute Taker `� 13 fry Reviewed By: �� •s► Legal Agenda Item Number Finance ❑ CA#5 EST. -� _ 1838 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number Community Development ❑ PS 2012-11 ALE ��' Police Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Liquor license amendment—hours of sale Meeting and Date: City Council —June 26, 2012 Synopsis: Proposal to expand hours of liquor sales for all liquor license classes. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Mayor Golinski Name Department Agenda Item Notes: Memorandum To: City Council EST. -�` Yid W3s From: Bart Olson, City Administrator -- � � CC: Date: June 7, 2012 C<wrMY Sad �tE ��' Subject: Liquor license amendment—hours of sale Summary A change to the hour of liquor sales for all classes of liquor licenses (except temporary and special events)to accommodate requests from liquor license holders and to bring the City in line with surrounding towns. Background This agenda item was requested by Mayor Golinski. Throughout the past few months, he has been approached by various liquor license holders to change the hours of liquor sales to accommodate holiday events (New Years), to be competitive with surrounding towns, and to respond to Sunday events (football). The current hours of sale all licenses for surrounding towns are: Yorkville (bars and restaurants) Monday- Saturday 7:00 a.m. to 1:00 a.m. Sunday 11:00 a.m. to 1:00 a.m. Yorkville (package sales) Monday—Thursday 6:00 a.m. to 1:00 a.m. Friday& Saturday 6:00 a.m. to 2:00 a.m. Sunday 10:00 a.m. to 1:00 a.m. Montgomery Monday—Thursday 6:00 a.m. to 1:00 a.m. Friday& Saturday 6:00 a.m. to 2:00 a.m. Sunday Noon to 1:00 a.m. Osweizo Monday—Thursday 6:00 a.m. to 1:00 a.m. Friday& Saturday &the days before the holidays of Memorial Day, 4th of July, Labor Day & Thanksgiving 6:00 a.m. to 2:00 a.m. Sunday 10:00 a.m. to 1:00 a.m. Sugar Grove Monday— Sunday 8:00 a.m. to 2:00 a.m. Plano Monday— Saturday 6:00 a.m. to 1:00 a.m. Sunday 10:00 a.m. to 12:00 midnight Proposal The proposal in the attached ordinance would take Yorkville's hours of operations for all licenses to 6 am to 1 am Sunday through Thursday, and 6 am to 2am Friday and Saturday. Additionally, the eve of major holidays would be automatically approved for an extension of closing time to 2 am. Mayors have historically approved extensions in hours for New Year's Eve and Thanksgiving Eve, and we thought Oswego's inclusion of Memorial Day, 4th of July and Labor Day was good. The final component of the ordinance removes the restrictions on the hours of operations for patio licenses. The City's noise ordinances 55 db in the evening from the lot line of any residential properties would still remain in place, and the patio license sections still contains a provision that restricts amplified music or other outdoor performances to before l Opm. Ordinance No. 2012- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,PROVIDING FOR LIQUOR CONTROL WHEREAS, the United City of Yorkville (the "City") is a non home-rule municipality in accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law; WHEREAS, the Liquor Control Act of 1934, 235 ILCS 511-1, et seq., (the "Liquor Control Act") sets forth a comprehensive system for the regulation of liquor control within the state of Illinois, and authorizes broad powers to municipalities with regard to local retail licenses; and WHEREAS, the City Council of the United City of Yorkville has determined that it is in the best interests of the City to amend the regulations pertaining to the sale of liquor as set forth in the City Code of the United City of Yorkville as set forth herein. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Section 3-3-12 of the City Code is hereby amended by deleting section (A) in its entirety and replacing said section with the following: A. Hours Of Sale: 1. All areas within the licensed premises shall be cleared of customers or secured from customers and the public in general during the time sales are not permitted, and no person, other than the licensee or his employees and agents, shall be permitted within the areas of such premises where alcoholic liquor is stored, shelved or kept during such time and then only for the purpose of cleaning,preparing and arranging stock, and all such areas where alcoholic liquors are stored, shelved or kept shall be secured from the public and it shall be unlawful for any licensee to sell or offer for sale at retail any alcoholic liquor in the city except as permitted for the following hours: (Ord. 1981-11, 11-5-1981) a. All license classes excluding Class SE and Class T licenses: Permitted Hours of Sale Monday through Thursday 6:00 a.m. to 1:00 a.m. Friday and Saturday 6:00 a.m. to 2:00 a.m. Sunday 6:00 a.m. to 1:00 a.m. (Ord. 2009-17, 4-14-2009) (Ord. 2008-126, 12-22-2008) 2. On the day immediately preceding the holidays of Memorial Day, the Fourth of July, Labor Day, Thanksgiving, and New Year's Day, the permitted hours of sale for all license classes, excluding Class SE and Class T licenses, are 6:00 a.m. to 2:00 a.m. 3. The times given shall be central standard time unless so called daylight saving time shall be in effect in the city by virtue of any laws of this state or the United States government, in which case such time shall apply. (Ord. 1981-11, 11-5-1981) Section 2. Section 3-3-4-5 of the City Code is hereby amended by deleting section (C) "Hours of Sale" in its entirety. 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 GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2012. MAYOR 2 CIP Reviewed By: *:1 a► Legal Agenda Item Number Finance ❑ CA#6 EST. � -_ 1836 Engineer ❑ City Administrator 0 ��. % Human Resources El Tracking Number ,*�w © Community Development ❑ PS 2012-12 ALE �V� Police 0 Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Video Gaming Meeting and Date: City Council—June 26, 2012 Synopsis: Proposal to permit video gaming devices within City limits. Council Action Previously Taken: Date of Action: N /A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. -�` Yid W3s From: Bart Olson, City Administrator -- � � CC: Date: June 7, 2012 C<wrMY Sad �LE ��' Subject: Video Gaming Summary A proposal to allow and regulate video gaming machines in the City. Background A few years ago, the State of Illinois approved a gaming expansion that legalized video gaming machines to be placed into bars and restaurants throughout the state, as long as the municipality did not ban them. This gaming expansion was approved without the property administrative rules, so no licenses could be issued. In the past few months, the State indicated that they were close to finishing up the administrative rules and intended to issue state licenses by August. Since those news articles, we have been contacted by a few Yorkville bars and restaurants interested in installing video gaming machines. The state did recently finish the administrative rules, and they are available here - http://ilga.gov/commission/jcar/admincode/011/01101800sections.html. An FAQ on video gaming is attached as well. Our current code on mechanical amusement device licenses specifically prohibits gambling on mechanical amusement devices. Because video gaming devices would require a mechanical amusement device license, this code must be amended should the Council decide to permit video gaming in City limits. The attached ordinance is drafted to permit video gaming— if it is not approved, video gaming will not be allowed within the City. Highlights of the attached ordinance The attached ordinance amends the section of the City Code that deals with mechanical amusement devices, which video gaming terminals are considered. The current mechanical amusement device license fee of$20 will remain, and video gaming terminals are proposed to be at $25 (the state maximum). The City staff also took this opportunity to streamline the process, by exempting background checks for a liquor license holder on mechanical amusement device applications. Previously, mechanical amusement device license applicants had to go through a background check, even if that same operator had completed a background check for a liquor license. Highlights of the Administrative Rules and State Statute 1) Video gaming devices are only allowed in bars and restaurants that sell liquor. Fraternal organizations and Veteran's organizations are allowed to have video gaming devices, too. 2) Devices must not directly dispense coins, cash or tokens—it must reward either free games or credits which can be redeemed for cash. 3) Each establishment may only operate 5 video game devices on its premises. 4) You must be over 21 to use a video gaming device, and must not be visibly intoxicated. 5) All video gaming devices must be physically separated from areas where individuals under 21 can access. 6) The City may impose a fee per device,but that fee may not exceed $25 per device. 7) Cities that allow video gaming receive a share of the income generated within their jurisdictions. The state imposes a 30%tax on net terminal income, and the City receives 1/6t'of that amount. In essence, the City receives 5% on net terminal income. This revenue can be used for any municipal purpose. 8) A unofficial list of municipalities that have and have not prohibited video gaming is located here -http://www.ijzb.state.it.us/VideoGaming_/prohibit.gyx. It should be noted that Yorkville is listed as a location that video gaming is allowed, even though our code prohibits it. 9) One local establishment has already joined the application waiting list for video gaming devices (Ultimate Sports Bar). Recommendation If the City Council wishes to permit video gaming in Yorkville, the attached ordinance should be approved. The ordinance contains all of the protections for the City allowed under state statutes, and imposes the maximum application fee. If the City Council wishes to prohibit video gaming in Yorkville, then no further action is required. Video Gaming On July 13, 2009 Governor Pat Quinn signed the Video Gaming Act (Public Acts 096-0034, 096-0037 and 096- 0038) (the "Act") making Licensed Video Gaming Terminals legal in Illinois. The Act allows for Licensed Video Gaming Terminals to be placed in certain liquor establishments, truck stops and fraternal/veterans clubs throughout the State. The Illinois Gaming Board (the "IGB" or"Board") has the responsibility of implementing and regulating video gaming in Illinois. Frequently Asked Questions regarding the Video Gaming Act and Video Gaming License Applications Updated April 2012 Answers to some common and frequently asked questions related to the Video Gaming Act and Video Gaming License Applications are provided below. The following list is non-exhaustive and may be supplemented or updated in the future. Q1: What is a Video Gaming Terminal? Al: A "Video Gaming Terminal" ("VGT") is an electronic video gaming machine that plays or simulates the play of a video game authorized by the Board upon the insertion of cash. Authorized video games include, but are not limited to, video poker, line up, and blackjack. The VGT must utilize a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. VGT does not include a Terminal that directly dispenses coins, cash, or tokens or is for amusement purposes only. Q2: Does the IGB have jurisdiction over "amusement only" devices in Illinois? A2: The IGB does not license "amusement only" devices in Illinois. Questions about the licensure of such devices should be directed to the Illinois Department of Revenue at (312) 814-5232 (Chicago) or (217) 782-3336 (Springfield). Questions or complaints about amusement only devices that illegally pay out should be directed to the police in the municipality where the Terminals are located. Q3: When will the IGB adopt Rules for video gaming? A3: The IGB has adopted Administrative Rules which will dictate how video gaming will operate and be regulated in Illinois. (11111. Admin. Code 1800 et seq.) The Rules can be found on the IGB website, at www.igb.state.il.us/VideoGaming. The IGB continues to promulgate additional rules and the text of any pending rule along with information on how to submit comments on the rule is also posted on the IGB website. Q4: Can local jurisdictions restrict the use of VGTs? A4: Yes. A municipality may pass an ordinance prohibiting video gaming within the corporate limits of the municipality. A county board may pass an ordinance prohibiting video gaming within the unincorporated areas of the county. Video gaming is not allowed in these communities. The IGB is in 1 the process of developing a list of such communities and will post the list on its website in the near future. In addition, a local government may hold a referendum proposing to prohibit video gaming in the municipality. This is otherwise known as an "opt-out" provision. A petition for referendum must be filed in the office of the clerk (municipal or county) at least 90 days before the date of an election. If a majority of the voters vote "YES," video gaming shall be prohibited within the municipality or county. Petitions to prohibit video gaming shall be public documents. A list of the communities that have opted out of video gaming is posted on the IGB website. If you have any questions about the status of your community, please contact your local municipal authority. Q5: What types of licenses will the IGB issue, and when will applications for those licenses be made available? A5: Applications for Manufacturer, Distributor, Supplier, Terminal Operator and Location licenses are currently available on the IGB website. Applications for Technician and Terminal Handler licenses will be available in the near future. Descriptions of the licenses are as follows: "Manufacturer." A manufacturer is an individual, partnership corporation or limited liability company licensed to manufacture or assemble video gaming terminals. "Distributor." A distributor is an individual, partnership corporation, or limited liability company licensed to buy, sell, lease, or distribute video gaming terminals, or major components or parts thereof, to or from terminal operators. "Supplier." A supplier is an individual, partnership corporation or limited liability company licensed to supply major components or parts of video gaming terminals to terminal operators. "Terminal operator." A terminal operator is an individual, partnership corporation or limited liability company licensed to own, service, and maintain video gaming terminals for placement in licensed establishments, licensed truck stop establishments, licensed fraternal establishments, or licensed veterans establishments. "Licensed video gaming location." A licensed establishment, licensed fraternal establishment, licensed veterans establishment, or licensed truck stop establishment, all defined in Question 6,below. "Licensed Technician." A licensed technician is an individual licensed to repair, service, and maintain video gaming terminals. A licensed technician is not licensed under the Act to posses or control a video gaming terminal or have access to the inner workings of a video gaming terminal (i.e., the logic area maintained in a separately locked cabinet of the video gaming terminal which houses electronic components that have the potential to significantly influence the operation of the video gaming terminal). As such, licensed technicians can repair, service and maintain VGTs only outside of the innermost locked area of a VGT housing the electronic logic components that have the potential to significantly influence the operation of the VGT. Such repairs and maintenance would include refilling printer paper, repairing bill validators, resetting tilted Terminals,repairing video displays, etc. 2 "Licensed Terminal Handler." A licensed terminal handler is a person licensed to possess or control a video gaming terminal or to have access to the inner workings of a video gaming terminal (i.e., the logic area maintained in a separately locked cabinet of the video gaming terminal which houses electronic components that have the potential to significantly influence the operation of the video gaming terminal.) The category of"licensed terminal handler" may include, but is not limited to, an employee or independent contractor working for a manufacturer, distributor, supplier, technician, or terminal operator. Q6: What types of locations can be licensed to have VGTs? A6: Video Gaming Terminals may only be placed in the following four categories of Licensed Locations: "Licensed establishment." A licensed establishment is any licensed retail establishment where alcoholic liquor is served for consumption on the premises. "Licensed fraternal establishment." A licensed fraternal establishment is a location where a fraternal organization that derives its charter from its national parent organization regularly meets. "Licensed veterans establishment." A licensed veterans establishment is a location where a qualified veterans organization that holds a charter from its national parent organization regularly meets. "Licensed truck stop establishment." A licensed truck stop establishment is a facility of at least three acres with a convenience store, separate diesel islands for fueling commercial motor vehicles, parking spaces for commercial vehicles, and that sells at retail more than 10,000 gallons of diesel or biodiesel fuel per month. Q7: What type of documentation will be required to meet the definition of Licensed Truck Stop Establishment? A7: An affidavit confirming that the facility is at least 3 acres and has average monthly sales of more than 10,000 gallons of diesel or biodiesel fuel per month (which may be met by showing estimated future sales or past sales). Supporting documentation for these factors must be attached to the affidavit. Q8: What type of documentation will be required to meet the definition of Licensed Fraternal or Veterans Establishment? A8: A copy of the most recent letter from the Internal Revenue Service stating that the Applicant organization is either a fraternal benefit society that is exempt from federal income tax under section 501(c)(8) of the Internal Revenue Code, a domestic fraternal society that is exempt from federal income tax under section 501(c)(10) of the Internal Revenue Code, or a veterans organization that is exempt from federal income tax under section 501(c)(19) of the Internal Revenue Code. Q9. Who needs to obtain a Technician license under the Video Gaming Act? A9. If an individual is a Licensed Terminal Operator, or is employed by a Licensed Terminal Operator, Licensed Distributor or Licensed Manufacturer, that individual may service, maintain or repair a VGT without obtaining a Technician license. Any other individual who services, maintains or repairs a VGT must obtain a Technician license under the Act. 3 Q10. Who needs to obtain a Terminal Handler license under the Video Gaming Act? A10. Any individual needing access to the inner workings of a VGT. "Inner workings" comprises the logic area inside of a VGT. The logic area has a separate locked compartment inside the VGT which houses electronic components that have the potential to significantly influence the operation of the VGT. The specific electronic components contained in the logic area include: (1) the game's central processing unit(s), (2) communication controller electronics and components housing the communication storage device, and(3)the memory back-up device. Q11: Can an individual be licensed as a Licensed Technician and a Licensed Terminal Handler? All: Yes. Q12: Does a company who provides ticket payout systems to Licensed Terminal Operators and Licensed Locations need to be licensed? Al2: Yes. Major Components or Parts is defined in the applications as "[c]omponents or parts that compromise the inner workings and peripherals of a Video Gaming Terminal, including but not limited to the device's hardware, software, human interface devices, interface ports, power supply, ticket payout system, bill validator, printer and any component which affects or could affect the result of a Game played on the device." Buying, selling, leasing, or distributing Major Components or Parts requires a license. Q13: Does a Licensed Distributor who is distributing VGTs also need a Supplier's license to supply replacement parts for the VGTs it distributes? A13: No. A Licensed Distributor is defined as "[a]n Individual, partnership corporation or limited liability company licensed under the Act to buy, sell, lease or distribute Video Gaming Terminals or major components or parts of Video Gaming Terminals to or from Terminal Operators." Q14: Can an individual who owns a bar also be licensed as a Terminal Operator? A14: Yes, as long as the bar in question is NOT a Licensed Video Gaming Location. In other words, the bar in question may not participate in video gaming, regardless of who would serve as its Terminal Operator. Q15: What are the requirements for licensure under the Act? A15: Many requirements for licensure are listed in Rule 420 of the Video Gaming Rules. In addition, the following are also requirements for licensure: (a) Burden is upon applicant. The burden is upon each applicant to demonstrate suitability for licensure. The Board may issue or deny a license under this Act to any person under the same criteria set forth in Section 9 of the Riverboat Gambling Act (230 ILCS 10/9 (West 2008)). In addition, no person may receive a license under the Act if found by the Board to: (1) Have been convicted of any violation of Article 28 of the Criminal Code of 1961; and/or 4 (2) Have a background (including a criminal record, reputation, habits, social or business associations, or prior activities) that poses a threat to the public interests of the State or to the security and integrity of video gaming; and/or (3) Create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of video gaming; and/or (4) Present questionable business practices and financial arrangements incidental to the conduct of video gaming activities. (b) Background investigations. Each person seeking and possessing a license shall submit to a background investigation conducted by the Board with the assistance of the State Police or other law enforcement. This investigation shall include an applicant's direct and indirect owners, an applicant's officers and directors, and the video gaming manager for a license application. (c) Disclosure of financial interests. Each person seeking and possessing a license under the Act shall disclose the identity of every person or entity having a direct ownership interest in the video gaming operation, and shall disclose each person or entity having an indirect interest of more than 1% in the video gaming operation for which the license is sought. If the disclosed entity is a trust, the application shall disclose the names and addresses of the beneficiaries; if a corporation, the names and addresses of all stockholders and directors; if a partnership, the names and addresses of all partners, both general and limited; if a limited liability company, the names and addresses of all members. (d) License application fees: Manufacturer $5,000 Distributor $5,000 Terminal operator $5,000 Supplier $2,500 Technician $100 Terminal handler $50 (e) Term of License & Annual license fees. A license must be renewed every year, and the annual fees may not exceed these levels: Manufacturer $10,000 Distributor $10,000 Terminal operator $5,000 Supplier $2,000 Technician $100 Licensed establishment (in any category) $100 Video Gaming Terminal $100 Terminal handler $50 Q16: How will the distance restrictions in Section 25(h) of the Act be measured? A16: Video gaming is restricted from the following locations: 5 1) 1,000 feet of a facility operated by an organization licensee, inter-track wagering licensee, or inter- track wagering location licensee licensed under the Illinois Horse Racing Act of 1975 (230 ILCS 511 et seq. (West 2008)) (the Board may waive this restriction in certain circumstances); 2) 1,000 feet of the home dock of a riverboat licensed under the Riverboat Gambling Act (230 ILCS 10/1 et seq. (West 2008)) (the Board may waive this restriction in certain circumstances); or 3) 100 feet of either a school or a place of worship under the Religious Corporation Act (805 ILCS 110/0.01 et seq. (West 2008)). These distances will be determined by measuring the distance from a proposed or existing Licensed Video Gaming Location to a preexisting facility, riverboat, school or place of worship by drawing a straight line between the closest part of any building used for the proposed or existing Licensed Video Gaming Location and the closest part of any building used for the facility, riverboat, school or place of worship. When located within a subsection of property by virtue of a lease, deed, or other arrangement (e.g., a tenant in a shopping center or commercial condominium), measurement shall be from the subsection of property(i.e.,boundaries of the establishment's leased building premises). For purposes of these restrictions, "home dock" is interpreted to mean the casino building or vessel (i.e., the building or vessel housing the casino floor). Q17: Must Licensed Video Gaming Location applicants enter into a signed Use Agreement with a Terminal Operator before they can submit an application to the IGB? A17: No, a signed Use Agreement is not required for a potential Licensed Video Gaming Location to submit an application. However, a Licensed Video Gaming Location must have a signed Use Agreement with a Licensed Terminal Operator prior to the placement of any VGTs in the Licensed Video Gaming Location's establishment. Q18: Do the directors and officers of the parent company of a licensee need to file Personal Disclosure Forms? A18: For license applications that require Personal Disclosure Forms (e.g., Manufacturer, Distributor, Supplier, and Terminal Operator), if the director or officer of the parent company owns more than 5% of the licensee, then that director or officer will need to file a Personal Disclosure Form. Q19: If an entity that has been doing business in Illinois for 48 months prior to July 13, 2009 forms a subsidiary to conduct its video gaming business in Illinois (and would therefore be the Applicant for licensure), would that subsidiary meet the residency requirement (i.e., would the subsidiary meet the requirement that it has been doing business in Illinois for 48 months)? A19: If an entity who meets the residency requirement forms a 100% wholly owned subsidiary to conduct its video gaming business in Illinois, that 100% wholly owned subsidiary meets the residency requirement. Please note that this answer is limited to a 100% wholly owned subsidiary. Q20: Section 3(c) of the Manufacturer/Distributor/Supplier License Application requires 5% or greater shareholders of a publicly-traded parent company of an applicant to submit a Personal Disclosure Form or Business Entity Disclosure Form. How is this requirement being applied to institutional investors/investment advisors that hold the interest for investment purposes and certify in an SEC Schedule 13-G filing that the interest is not for the purpose of controlling the applicant? 6 A20: Pursuant to Rule 520(c), a business entity that qualifies as an institutional investor may submit a Video Gaming Institutional Investor Disclosure Form in lieu of a Video Gaming Business Entity Disclosure Form. Q21: Section 5(A) of the Manufacturer/Distributor/Supplier License Application and Section 4(A) of the Business Entity Disclosure Form require financial statements for a period ending 1 month prior to the date of application. Will the most recently filed SEC reports for a publicly traded company satisfy this requirement? A21: Yes. If reference is made to SEC reports, it will be sufficient if the applicant identifies where those reports can be found on the internet. Q22: Convertible debt is included in the definition of ownership. Does each person who holds convertible debt have to file a Personal Disclosure Form? A22: The Applicant/Licensee must identify each person who holds convertible debt and provide a copy of the applicable debt instrument(s) and associated agreement(s) with the application or upon issuance of the convertible debt. The Board will make a determination as to the debt holder's influence and/or control over the Applicant/Licensee consistent with section 430 of the Video Gaming Rules. The holder of convertible debt must submit a Video Gaming Personal Disclosure Form and any other required document and receive prior Board approval in order to convert the debt. Q23: How long does it take a license to be investigated and approved? A23: The investigation of any application under the Act is a thorough and time consuming process. The length of time it takes the IGB to complete an investigation depends on the type of license applied for, and the complexity of the applicant and any issues involved in the application. Q24: How many VGTs will be allowed at each site? A24: Up to five VGTs may be placed at each Licensed Video Gaming Location. Q25: Are VGTs allowed anywhere inside a Licensed Video Gaming Location? A25: VGTs must be located in an area restricted to persons 21 years of age and over, the entrance to which is within the view of at least one employee who is at least 21 years of age. The placement of VGTs in Licensed Video Gaming Locations shall be subject to section 810 of the Video Gaming Rules. For all Locations that restrict admittance to patrons 21 years of age or older, a separate restricted area is not required. For all Locations that admit individuals under the age of 21, a physical barrier to the gaming area, including but not limited to a short partition, gate or rope shall be required. No barrier shall visually obscure the entrance to the gaming area from an employee of the Location who is over the age of 21. Q26: Are there limits on the hours of operation of a VGT? A26: Yes. Pursuant to Sections 35(b)(2) and 55 of the Act, hours of operation of a VGT must coincide with the legal hours of operation for the consumption of alcoholic beverages on the premises. However, a Licensed Truck Stop Establishment that does not hold a liquor license may operate VGTs on a continuous basis. 7 Q27: Are multi-game VGTs permitted under the Video Gaming Act? A27: Yes, provided that the games have been tested and approved. Q28: Will Licensed Manufacturers need secondary approval for their VGTs? A28: Yes. All VGTs will need to be (1) certified by Gaming Laboratories International pursuant to the IGB's current Technical Standards for Video Gaming Terminals in Illinois, and (2) approved in writing by the IGB for use in Illinois. Q29: In what circumstances can VGTs be displayed in Illinois prior to the actual commencement of video gaming in Illinois? A29: VGTs that are disabled for marketing purposes such that they do not accept money, do not dispense money or payout tickets, or only contain demonstration software that cannot be disabled may, until further notice, be displayed in the following circumstances: 1) Licensed Manufacturers, Licensed Distributors, Licensed Terminal Operators and Applicants for a Manufacturer's License under the Act may display VGTs at "trade shows" or similar events as long as the IGB is notified 10 days in advance of the following information, and prior approval by the IGB is obtained: a. the date and location of the event; b. the model and serial number of each VGT involved; c. the manner of transport of each VGT involved; d. a description of how the VGTs will at all times be possessed by and under the control of the applicant for a Manufacturer's License under the Video Gaming Act. Q30: In what circumstances can VGTs be used in conjunction with focus groups in Illinois prior to the actual commencement of video gaming in Illinois? A30: VGTs that are disabled for marketing purposes such that they do not accept money, do not dispense money or payout tickets, or only contain demonstration software that cannot be disabled may, until further notice,be used in conjunction with a focus group in the following circumstances: 1) Licensed Manufacturers, Licensed Distributors, Licensed Terminal Operators and Applicants for a Manufacturer's License under the Act may use VGTs at "focus groups" as long as the IGB is notified 10 days in advance of the following information, and prior approval by the IGB is obtained: a. the date, time and location of the event; b. the model and serial number of each VGT involved; c. the manner of transport of each VGT involved; d. a description of the purpose of the focus group; e. a description of how the applicant for a Manufacturer's License will be inviting participants; f. a description of the method and amount of compensation of participants, if applicable; and g. any other relevant details regarding the focus group (including but not limited to whether food and beverage will be provided). 2) Alcohol must not be provided to participants of focus groups. 8 Q31: Is compensating or paying a third party a percentage of revenue from a VGT(s) permitted? A31: Compensating any third party based on a percentage of revenue from a VGT is permitted, however, any third party compensated in such a manner will be required to complete a Video Gaming Personal Disclosure Form or a Business Entity Disclosure Form. Financing the purchase of VGTs based on a percentage of revenue will not be permitted. Q32: Has the IGB developed standards to identify an illegal inducement by a Licensed Terminal Operator? A32: Yes. The IGB's Inducement Policy is posted on its website. Q33: Are licensees allowed to use player tracking systems or establish "Players' Clubs" or similar programs that provide rewards to customers for repeated play? A33: Tracking systems and Players Clubs may be authorized by the IGB in the future but are prohibited at this time. Q34: What types of payout systems will be allowed by the IGB? A34: A vault-type or kiosk system provided by a Licensed Supplier or Licensed Distributor, that interfaces with the Central Communications System through a site controller, and that dispenses cash. Specifications for payout systems will be posted on the IGB website in the near future. Pursuant to Section 20 of the Act, a patron must hand a ticket to an appropriate person at a Licensed Location. A patron will not be able to insert a ticket into a payout system by himself or herself. The cash, however, may be dispensed directly to a patron. Q35: Will a Licensed Manufacturer, Licensed Terminal Operator or Licensed Location be permitted to attach an online monitoring system to the second port of a VGT? A35: Yes. Q36: Are Licensed Terminal Operators required to maintain a separate bank account for each Licensed Location, as provided in Rule 250(i)? A36: The IGB is taking steps to eliminate the Rule that requires Licensed Terminal Operators to maintain separate bank accounts for each Licensed Location it contracts with. However, it is still a requirement that revenues generated from the play of VGTs shall be deposited by the Licensed Terminal Operator in one specially created, separate bank account maintained by the Licensed Terminal Operator to allow for electronic fund transfers of moneys for tax payment. 9 Ordinance No. 2012- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AMENDING THE REGULATIONS FOR AMUSEMENT DEVICES AND INCLUDING VIDEO GAMING TERMINALS 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 pursuant to Section 5/11-42-5 of the Illinois Municipal Code (65 ILCS 5/11-42-5) may license, tax and regulate amusements and hereby adopts this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 3, Chapter 4, Section 3-4-2 of the Yorkville City Code, as amended,be and is hereby amended by adding subsection B. to read as follows: "B. Nothing contained in this Chapter shall prohibit an establishment licensed by the Illinois Gaming Board pursuant to the Video Gaming Act (230 ILCS 40/1 et seq.) to operate a video gaming terminal and such terminal shall not be subject to the amusement tax in Article D of this Chapter 4." Section 2. That Title 3, Chapter 4, Article B of the Yorkville City Code, as amended, be and is hereby amended by amending its title to read as follows: "AMUSEMENT DEVICES" Section 3. That Title 3, Chapter 4, Article B, Section 3-413-1 of the Yorkville City Code, as amended, be and is hereby amended by amending the definition of mechanical amusement devices to read as follows: "AMUSEMENT DEVICES: All mechanical devices of entertainment and games of skill or amusement operated for gain or for profit, including, but not necessarily limited to, the following: video games, other arcade games, billiards and pool tables, pinball games, virtual reality games, computerized games; and any machine which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skillball, mechanical grab machines, pistol ranges, baseball games, bowling games, tennis games and any and all devices referred to as arcade equipment, and all games and operations similar thereto under whatever name they may be indicated. It shall also include those amusements operated by remote control, whether or not actuated by insertion of a coin. For purposes of this article, the term "amusement devices" shall not include mechanical devices Ordinance No. 2012- Page 1 commonly known as "kiddie rides" or "carnival amusement rides" designated for child or adult amusement rides or music machines." Section 4. That Title 3, Chapter 4, Article B, Section 3413-3 through 3-413-8 of the Yorkville City Code, as amended,be and is hereby amended to read as follows: "3411-3 LICENSE FEES A. The annual fee for any license required by this article shall be twenty dollars ($20.00) for each table, machine or amusement device except for a video gaming terminal which shall be twenty-five dollars ($25.00). B. If, at the time application is made for a license required by this article and less than six (6) months of the current license year shall have expired, the full fee shall be charged for any amusement device. If more than six (6) months of such current year shall have expired, a license fee of one-half (1/2) the full fee shall be charged for such amusement device, except for a video gaming device, for such portion of the current license year that shall remain unexpired. 3-411-4: INVESTIGATION OF APPLICANT: A. All applications for licenses required by this article,when filed, shall be referred to the city building and zoning officer to assure compliance with the applicable building, zoning and housing ordinances of the city, and no license shall be granted to any applicant at any location unless and until the city building and zoning officer shall have first certified that the proposed location complies with the applicable building, zoning and housing ordinances of the city. B. Upon receipt of any application for license required by this article, the city clerk shall forward such application to such other appropriate agencies or administrators as may be affected, including, but not limited to, the local liquor control commissioner if liquor is to be sold upon the premises where such amusement device is to be held and to the Kendall County health officer if food is to be dispensed upon the premises. No license shall be issued until such agency or administrator, as the case may be, shall have certified that the intended location of the place of business is in compliance with all other applicable ordinances. C. An applicant that has or has been approved for a current City liquor license is not required to have an additional investigation as required by this Section. 3-411-5: ISSUANCE OF LICENSE; RESTRICTIONS: The application for license required by this article, when filed, shall be referred to the city clerk who shall issue or cause to be issued to such applicant a license authorizing the keeping, conducting or operating of such amusement device, as the case may be, at the Ordinance No. 2012- Page 2 place described in such application, for and during the term of such license. A license shall not issue, however, to the following person or persons: A. A person who has been convicted of a felony under the laws of the state of Illinois; B. A person whose license issued under this article has been revoked for good cause; C. A person who, at time of application for renewal of any license issued under this article, would not be eligible for such license upon first application; D. A partnership, unless all of the members of such partnership shall be qualified to obtain a license; E. A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required of the licensee; F. A person who does not own the premises for such a license, unless said person has valid lease for the premises for which the license is to be issued; G. A person who has been convicted of any crime or misdemeanor involving moral turpitude. 3-4B-6: LOCATION RESTRICTIONS: A. In accordance with the provisions of the zoning ordinance of the city, under no circumstances shall a license be issued for the operation of any amusement device business unless such business is located in a B-2 general business district or B-3 service business district classification. B. No license shall be granted to any place of business under this article to operate, maintain or conduct an amusement device for the use of minors which is within three hundred feet(300) of any school or tavern. 3-411-7: HOURS OF OPERATION: All places of business licensed under this article, with the exception of those places holding liquor licenses shall be closed and kept closed each night from twelve o'clock (12:00) midnight until eight o'clock(8:00) A.M. the following morning. 3-411-8: MINORS: A. Minors Prohibited: Minors under the age of twenty one (21) shall not, under any circumstances, frequent, loiter or go or remain in a place licensed hereunder for the sale of liquor. It shall be unlawful for the proprietor or manager of such place so Ordinance No. 2012- Page 3 licensed for the sale of liquor to allow or permit these minors to frequent or loiter or remain within the premises or designated area in which said amusement devices are located. B. Manager in Attendance: Every place of business that permits minors to play amusement devices shall have in attendance, as a manager or operator of such place of business, a responsible person of good moral character, who is the age of twenty one (21) years or more." Section S. 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 GEORGE GILSON JR. 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 4 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 El� wn sw _© Community Development ❑ PW 2012-35 � Police F-1 Public Works ❑ Agenda Item Summary Memo Title: 2012 MFT Maintenance Program Meeting and Date: City Council —June 26, 2012 Synopsis: Consideration of Resolution 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: CI's. _ 0 Memorandum To: Bart Olson, City Administrator EST -� 1836 From: Brad Sanderson, EEI Director of Public Works 0 1,1 CC: Eric Dhuse, •.. p Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk ALE �►"�• Date: June 4, 2012 Subject: 2012 MFT Maintenance Program In accordance with the approved budget, we are planning on proceeding with this year's MFT Maintenance Program. This year's program will consist of miscellaneous patching and is planned to occur on Kennedy Road as shown in the attached exhibit. The budgeted amount for this year's program is $50,000. Since the budgeted amount is relatively small, it is more cost- effective to keep the work confined to one general work area. Attached please find a copy of the proposed MFT appropriation resolution in the amount of $50,000. If you have any questions or require additional information, please let us know. 2012 MFT STREET MAINTENANCE PROJECT UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS JUNE 2012 r� CID co f i ILA R�' I� Q O U O J F- L� KENNEDY ROAD r 0 o 0 0 Z N D �I J �v O N T m 0 1" = 1,000' 47 117 C] O. LOCATION MAP o 0 N 0 N � O N O Ir- ° Engineering Enterprises, Inc. Y > Consulting Engineers o 0 g 52 Wheeler Road Sugar Grove,Illinois 60554 630/466-6700 PROJECT NO: Y01219 ° COPYRIGHT © 2012 ENGINEERING ENTERPRISES, INC. FILE N0: Y0120061 E � !jW Illinois Department Resolution for Maintenance of elm Streets and Highways by Municipality Of Transportation Under the Illinois Highway Code BE IT RESOLVED, by the CITY COUNCIL of the (Council eF PFesidlent Q and .�aFd of TFUrSte G) UNITED CITY of YORKVILLE y✓V V V , Illinois, that there is hereby (City,TewR OF Village) (Name) appropriated the sum of $50,000 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from MAY 1, 2012 (Date) to APRIL 30, 2013 (Date) BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department , a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at OTTAWA , Illinois. I, BETH WARREN Clerk in and for the UNITED CITY (City,Town eF Village) of YORKVILLE , County of KENDALL hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the CITY COUNCIL at a meeting on JUNE 19, 2012 (Council eF PFesi ent and BE)aFd„t T'ustees) Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 19TH day of JUNE, 2012 (SEAL) CITY Clerk (CityVillage) Approved Date Department of Transportation Regional Engineer Printed 5/24/2012 BLR 14230(Rev. 11/06) Reviewed By: Agenda Item Number �•n Legal ❑ CA#8 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number Human Resources ❑ `=Q Community Development PW 2012-31 Police ALE � Public Works ❑ Agenda Item Summary Memo Title: LOC/Bond Call Policy Meeting and Date: City Council/June 26, 2012 Synopsis: Analysis of current LOC/Bond regulations and proposal of new strategies, policies &procedures for future LOC/Bond calls. Council Action Previously Taken: Date of Action: 6-12-12 Action Taken: COW recommendation Item Number: PW-OB 1 Type of Vote Required: Majority Council Action Requested: Recommendation Submitted by: Krysti J. Barksdale-Noble Community Development Name Department Agenda Item Notes: See attached memorandum. Cpl 0 Memorandum EST. 1836 To: City Council --� From: Krysti J. Barksdale-Noble, Community Development Director '{ CC: Bart Olson, City Administrator a= �► �d� o Ty •Z Brad Sanderson, EEI kE 1� Date: June 20, 2012 Subject: Existing & Proposed Bond Policies for Subdivision Developments Per the direction staff received at the June 12, 2012 Committee of the Whole meeting, we are seeking approval by the City Council of a motion authorizing staff to begin the public hearing and review process before the Plan Commission to amend the recommended sections of the Subdivision Control Ordinance as outlined in the attached memorandum and required in Section 11-7-1 and 11-7-2 of the City Code. Staff anticipates presenting the proposed revisions to the Plan Commission at the August 8th meeting, and working with the City Attorney and City Engineer to comprehensively revise the Subdivision Control Ordinance for City Council approval sometime this fall. 1 Cpl 0 Memorandum EST. 1836 To: Committee of the Whole --� From: Krysti J. Barksdale-Noble, Community Development Director '{ CC: Bart Olson, City Administrator t ®► Brad Sanderson, EEI kE 1 Date: May 24, 2012 Subject: Existing & Proposed Bond Policies for Subdivision Developments Background& Purpose At the May 15th Public Works Committee meeting, staff provided, in the attached memorandum, a brief overview of the existing bonds and letters of credit currently held by the City, as well as proposed strategies, policies and procedures for future tracking of bonds/letters of credit(LOC)used as security for new development. Currently, the City of Yorkville has approximately 150 bonds and/or letter of credit (LOC) in place for 54 existing development projects in various phases of completion. Chapter 5: Required Improvements within the City's Subdivision Control Ordinance establishes regulations for how security instruments, such as bonds and letters of credit, are to be administered. This is in addition to, Resolution 2004-39 which sets the Standard Specifications for Improvements related to construction. However, major discrepancies exist within these two regulating documents with regards to the required date for construction completion and trigger for acceptance of infrastructure. Further, there is the question of the enforceability of the Standard Specifications for Improvement requirements in a resolution versus the regulations in the Subdivision Control Ordinance (refer to attached memo to Public Works Committee dated 5-11-12). Staff is seeking specific direction from the Committee of the Whole with regards to the following policy discussion items outlined in further detail within the body of this memorandum: (1) maximum completion time of subdivision improvements, (2) authorization to grant extensions for completion of improvements, (3) fee requirement for extension requests, (4) deadline for final road surface course installation, and (5) trigger for initial contact by staff and potential bond call for subdivisions behind on construction completion schedule. Updated Proposed Strategies,Procedures and Polices Below is a summary of those proposed policy and procedures as discussed and recommended by the Public Works Committee, as well as additional requested research. If the Committee of the Whole finds the proposed bond policies favorable, a draft ordinance amending the Subdivision Control Ordinance to reflect those changes will be presented at an upcoming City Council meeting for consideration. 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. ➢ There was discussion between the Public Works Committee members regarding a three (3) year maximum for completion of all improvements versus the proposed four(4)year maximum for completion. 1 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 that "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 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 an application fee for construction extension requests. ➢ The Public Works Committee requested that staff research other communities which charge an application fee for construction extension requests. While staff was not able to find any local municipalities which require an application or charge a fee for such requests, we were able to find examples of communities in other counties and states. ➢ The range for application fees for construction extensions were either no cost or ranged in amount between $150.00 and $300.00. Staff is looking to use the fee as a deterrent to discourage requests for construction completion extensions, and proposes an application fee$500.00. 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. ➢ It was the consensus of staff and the Public Works Committee to require the final surface course, rather than binder course, be installed no later than three (3) construction years, rather than calendar years, of the initial construction date. H. Revise Subdivision Control Ordinance to require "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. 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. 2 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. ➢ It was the consensus of staff and the Public Works Committee to not link a percentage built out, by either units constructed or infrastructure accepted, as originally proposed to "trigger"formal contact by the City requiring updated PIC Schedules or notification of default. 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. Summary& Staff Requests It is staff's position that the implementation of the proposed amendments to the Subdivision Control Ordinance will allow for better tracking of development construction within the City, and a less subjective process for calling of bonds/LOCs. Therefore, staff is seeking overall concurrence from the Committee of the Whole regarding the strategies, procedures and policies proposed in the memorandum, and specific direction on the following four(4)items: 1. Should the completion of Subdivision Improvements occur within three (3)years or four(4)years from final plat approval? 2. Is the staff recommended application fee for construction extension requests of$500.00 sufficient enough to cover administrative costs and adequate enough to act as a deterrent? 3. Is the requirement for final surface course to be installed no later than three (3) construction years,rather than calendar years, of the initial construction date appropriate? 4. Whether or not the percentage built out,by either units constructed or infrastructure accepted, be considered as part of the "trigger" to initiating formal contact by the City requesting an updated PIC schedule or notification of default. 3 Memorandum EST. 1836 To: Public Works Committee --� From: Krysti J. Barksdale-Noble, Community Development Director '{ CC: Bart Olson, City Administrator a= �► Brad Sanderson, EEI kE 1� Date: May 11, 2012 Subject: Existing & Proposed Bond Policies for Subdivision Developments Background/Purpose Per the direction of the Public Works Committee for staff to provide an overview and status update of the existing bonds and letters of credit currently held by the City, staff has prepared the following summary and proposed strategies,policies and procedures to be discussed 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. 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. However, Illinois statues allow for the developer to choose which form of security, bonds or letter of credit,to guarantee subdivision improvements (65 ILCS 5111-39-3). Existing Bonds/LOC Assessment& Status Currently, the City of Yorkville has approximately 150 bonds and/or letter of credit (LOC) in place for 54 existing g evelopment projects in various phases of completion(see attached). It is customary to have multiple bonds for a single development project, as each bond covers a specific type of improvement or group of improvements within a specific phase of construction. While most bonds/LOCs are for unfinished developments, some projects have been completed or are in their"maintenance"period. Staff has reviewed and analyzed the bonds/LOCs currently held by the City and created a "risk assessment" rating system by development based upon the probability of default and reasonableness for demand of call due to the date of bond expiration, developer activity and percent (%) built-out. A fully- detailed report, by subdivision, of these findings will be provided to the City Council in a forthcoming memo to be presented at an upcoming meeting during executive session. 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 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 h.gp://www.ftns.treas.gov/c570/c570 a-z.html. 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 I1-5-8: 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) • Resolution No. 2009-39: Resolution for the United City of Yorkville Standard Specifications for Improvements.2 • 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. 2009-40: 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%). 2 Resolution 2009-39 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. Proposed Strategies,Procedures and Polices The staff, consulting engineer and City Attorney have reviewed the current subdivision control ordinance regulations and prior procedures used in implementing bonds for developments within Yorkville. Based upon that review and actions adopted by other communities, we propose to discuss the following strategies, procedures and policies to strengthen the City's tracking of subdivision completion and defensible position should we have to demand a call of a performance bond and/or letter of credit. I. Revise Subdivision Control Ordinance to require completion of Subdivision within 4 years of initial construction. a. Revise the inconsistency/disconnect between the Standard Specifications for Improvements requirements for acceptance (50% built out or 3-years after the roadway binder course) and roadway construction (no surface course until at least 70% of the adjacent, private improvements are complete but no longer than 3-years after binder course) with the Subdivision Control Ordinance requirements for completion of all improvements within two(2)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 that "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 Administrator or 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 an application fee for construction extension requests. g. Enforce the current Subdivision Control regulations for roadways and binder course installed no later than 3 years. II. Revise Subdivision Control Ordinance to require "Acknowledgement of Public Improvement Completion Schedule"(please see attached sample) 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. Quarterly tracking of Letters of Credits and Bonds re:Expiration Dates a. Projects nearing 2 years into construction and less than 40% built out will receive status inquiry letter from City Engineer and require an updated Public Improvement Completion(PIC) Schedule. b. Projects nearing 3 years into construction and less than 50% built out will receive status inquiry letter from City Engineer with punchlist and require an updated PIC Schedule. c. Projects nearing 4 years into construction and less than 60% built out 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 and less than 70% built out 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. Staff is seeking direction and feedback from the Public Works Committee on the strategies, procedures and policies proposed, as this is intended to be open for discussion before a formal proposed ordinance amendment is presented. For your convenience, the ordinance and resolutions referenced in this memorandum have been provided as attachments. Staff and the City Engineer will be available at Tuesday night's meeting to discuss in greater detail. Summary of Letter of Credit/Bonds March 15,2012 United City of Yorkville Bank Original Current Expiration Notification Development Name Amount Amount Date Reqd? Surety:Doc No. Autumn Creek Phase 1A $2,103,462.35 $316,959.54 28-Jun-07 Yes SafeCo Surety Bond 96346371 Autumn Creek Phase 1A $7,423,831.42 $946,396.58 18-Oct-12 Yes The Fidelity&Deposit Co:Bond#08824717 Autumn Creek-Rt.34 Improvements $726,323.29 $100,000.00 18-Jun-12 Yes Bond Safeguard Insurance Cc;Bond#5027906 Autumn Creek Phase 2 $1,327,792.60 $317,303.84 8-Aug-07 Yes SafeCo Surety:Bond#6414740 Autumn Creek Phase 2 $1,550,252.77 $321,200.38 24-Oct-12 Yes Bond Safeguard;Bond#5030622 Betzwiser Property $10,000.00 $10,000.00 30-Oct-03 Yes First Midwest Bank:No.150008800-201 Betzwiser Property $15,711.30 $136,657.00 29-Apr-08 Yes First Midwest Bank:No.150018041-201 Blackberry Woods $745,798.28 $122,117.30 1-Jul-09 Yes Castle Bank LOC#7000262003-901 Blackberry Woods $2,982,579.59 $1,027,898.45 30-Apr-09 Yes Castle Bank LOC#7000262003-902 Blackstone Bar&Grill $19,985.63 $19,985.63 6-Jun-06 No American Southern Bond#B98804-010280 Blackstone Bar&Grill $7,900.00 $7,900.00 7-Nov-11 No American Southern Bond#698804-014514 Block 4 Black's Addition(Morgan St.TH) $24,476.00 $12,313.06 21-Aug-12 Yes First National Bank-Yorkville:LOC#140 BP Amoco $2,541.00 $2,541.00 1-Sep-12 Yes Liberty Bond Services;Bond#285027359 BP Amoco $18,471.20 $18,471.20 1-Sep-12 Yes Liberty Bond Services;Bond#285027360 BP Amoco $25,425.00 $25,425.00 18-Sep-12 Yes Liberty Bond Services;Bond#285027372 Bridge Street Self-Storage $30,000.00 $30,000.00 N/A N/A Western Surety Co.No.25311858 Bridge Street Self-Storage $13,000.00 $13,000.00 1-Nov-06 No Western Surety Co.No.43228543 Bristol Bay-Phase 1(Units 1-7) $403,308.04 $403,308.04 N/A N/A Fidelity&Deposit Company of Maryland;Bond#8771376 Bristol Bay-Unit 1 $24,200.00 $24,200.00 N/A N/A International Fidelity Insurance Company;Bond#0504706 Bristol Bay-Unit 2 $147,400.00 $147,400.00 N/A N/A International Fidelity Insurance Company;Bond#0504707 Bristol Bay-Unit 3 $378,599.02 $174,260.98 N/A N/A Arch Insurance Co.,Bond#SU1114152 Bristol Bay-Unit 3 $91,042.89 $91,042.89 N/A N/A Safeco Insurance Co.of America;Bond#6544062 Bristol Bay-Unit 3 $22,349.30 $19,334.94 N/A N/A Arch Insurance Co.,Bond#SU1114158 Bristol Bay-Unit 4 $140,669.75 $140,669.75 N/A N/A Armor Assurance Co.;Bond#ARM 10697 Bristol Bay-Unit 5 $72,671.07 $72,671.07 N/A N/A Liberty Mutual Insurance Co.,Bond#268000460 Bristol Bay-Unit 9 $1,453,294.78 $847,848.97 N/A N/A Arch Insurance Co.,Bond#SU1114154 Bristol Bay-Unit 9 $151,468.83 $151,468.83 N/A N/A Arch Insurance Co.,Bond#SU1114157 Bristol Bay-Unit 9 $10,471.65 $10,471.65 N/A N/A Arch Insurance Co.,Bond#SU1114160 Bristol Bay-Unit 10 $19,103.42 $19,103.42 N/A N/A Arch Insurance Co.,Bond#SU1114161 Bristol Bay-Unit 11 $18,025.26 $18,025.26 N/A N/A Arch Insurance Co.,Bond#SU1114162 Bristol Bay-Unit 11 $1,309,846.19 $657,233.93 N/A N/A Arch Insurance Co.,Bond#SU1114155 Bristol Bay-Unit 11 $232,023.36 $232,023.36 N/A N/A Arch Insurance Co.,Bond#SU1114156 Bristol Bay-Unit 12 $7,869.78 $7,869.78 N/A N/A Arch Insurance Co.,Bond#SU1114163 Bristol Bay-Unit 13 $32,537.31 $32,537.31 N/A N/A Arch Insurance Co.,Bond#SU1114164 Caledonia-Phase 1 $4,135,187.65 $745,764.75 7-Jul-06 Yes Old Second Bank No.2912 Caledonia-Phase 1 $98,669.23 $57,151.80 3-Oct-06 Yes Old Second Bank No.2927 Caledonia-Phase 2 $1,260,271.92 $361,512.45 8-Aug-08 Yes Old Second Bank No.2968 Caledonia-Phase 2 $82,027.00 $69,866.50 14-Feb-09 Yes Old Second Bank;LOC#309000356 Castle Bank(Old) $8,382.00 $8,382.00 31-May-11 No Developers Surety&Indemnity Co.Bond#717989C Cornerstone/Briarwood $600,000.00 $139,678.41 N/A N/A Lexon Insurance Co.Bond#1010743 Cornerstone/Briarwood $1,105,331.80 $337,898.08 N/A N/A Bond Safeguard Ins.Co.Bond#5012882 Culvers Restaurant $45,381.60 $45,381.60 2-Dec-06 Yes Port Washington State Bank LOC#RJ2005-1 Curtis Commercial $18,762.50 $18,762.50 25-Oct-07 Yes Inland Bank&Trust;LOC#20061025 DK Landscape $3,869.14 $298.07 8-May-10 Yes Old Second Bank;LOC#62201001211 F.E.Wheaton $771,402.24 $771,402.24 13-Sep-12 No Fidelity&Deposit Company of Maryland;Bond#08865669 Fountain Village of Yorkville $1,079,916.00 $414,538.10 5-Sep-12 Yes Standard Bank&Trust Co.LOC#11953 Fountain Village of Yorkville $1,244,100.00 $1,244,100.00 8-Nov-07 Yes Great American Insurance Co.:Bond#FS7763560 Fountainview $209,072.00 $54,365.56 1-Jun-11 Yes Standard Bank&Trust Cc:LOC#12045 Fountainview $322,972.19 $322,972.19 12-Nov-15 No Safeco Insurance Company of America;Bond#28S101255 Fountainview 1 $0.00 $0.00 Summary of Letter of Credit/Bonds March 15,2012 United City of Yorkville Bank Original Current Expiration Notification Development Name Amount Amount Date Reqd? Surety:Doc No. Fox Hill-Unit 7 $234,302.50 $41,443.05 6-Dec-09 Yes Old 2nd Bank Yorkville LOC#2942 Fox Hill-Resub of Lot 1 $88,500.00 $88,500.00 0-Jan-00 0 Fox Mill Landing $67,524.60 $15,544.88 N/A N/A Ohio Farmers Insurance Co.:Bond#5947328 Grande Reserve $3,049,410.93 $668,679.58 10-Oct-05 Yes LaSalle Bank:No.5559532 Grande Reserve-Route 34 Improvements $493,595.85 $67,308.53 N/A N/A Bond Safeguard Ins.Co.Bond#5017193 Grande Reserve-Regional Park $524,337.00 $71,500.50 18-Jul-06 No LaSalle Bank LOC#S582610 Grande Reserve-Units 5,14-15,18,20-23,25-27 $50,000.00 $50,000.00 15-Feb-12 Yes Platte River Insurance Company Bond#41239268 Grande Reserve-Units 4&6 $50,000.00 $50,000.00 20-Feb-09 Yes Bond Safeguard Insurance Co.Bond#5021306 Grande Reserve-Unit 12 $209,211.73 $31,689.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239269 Grande Reserve-Units 12,13,&19a $274,074.61 $37,374.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239270 Grande Reserve-Unit 13&19a $252,514.14 $41,688.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239271 Grande Reserve-Unit 12 $542,403.78 $136,524.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239272 Grande Reserve-Unit 13 $875,399.14 $210,662.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239274 Grande Reserve-Unit 13 $47,250.00 $31,500.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239275 Grande Reserve-Units 14,18,19b,&25 $687,110.68 $141,393.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239276 Grande Reserve-Unit 14 $568,594.00 $160,449.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239277 Grande Reserve-Units 15&22 $505,262.51 $98,430.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239278 Grande Reserve-Unit 15 $1,123,923.00 $264,213.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239279 Grande Reserve-Unit 19 $33,003.30 $33,003.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239280 Grande Reserve-Unit 20 $1,624,467.73 $415,258.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239281 Grande Reserve-Unit 22 $407,404.75 $155,634.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239282 Grande Reserve-Units 23,26,&27 $932,703.75 $100,000.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239283 Grande Reserve-Unit 23 $3,434,369.52 $660,794.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239284 Grande Reserve-Unit 23 $837,036.20 $783,770.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239285 Grande Reserve-Units 20&21 $128,926.05 $25,075.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239286 Grande Reserve-Unit 12 $21,000.00 $21,000.00 15-Feb-14 Yes Platte River Insurance Company Bond#41239273 Hampton Inn(Menards-6th Addn.) $38,424.00 $8,156.10 21-May-11 Yes Western Surety;Bond#70706014 Haws&Assoc. $11,000.00 $11,000.00 1-Jun-98 Yes Sandwich State Bank:No.349 Kalant Office $10,000.00 $10,000.00 N/A N/A Bond Safeguard Insurance Company;Bond#14-81351 Kendall Marketplace $250,000.00 $250,000.00 28-Oct-10 Yes Bank of America;LOC#3100716 Kendall Marketplace $6,046,490.89 $0.00 N/A N/A Traveler's Casualty&Surety Co,of America;Bond#104936839 Kendallwood Estates $1,022,588.60 $179,977.42 20-Feb-09 Yes Castle Bank;LOC#3000221071-900 Kendallwood Estates $4,520,298.60 $1,857,386.47 20-Feb-09 Yes Castle Bank;LOC#3000221071-901 Kleinwachter Property $2,500.00 $2,500.00 4-Oct-12 No Westfield/Ohio Farmer's Insurance Company;Bond 90046344 Kleinwachter Property $226,818.90 $121,245.16 19-Oct-08 Yes Castle Bank;LOC#7000266119-900 Kritzberg(101 E.Center St.) $5,000.00 $5,000.00 N/A N/A The Ohio Casualty Insurance Cc;Bond#3-868-103 Milazzo $30,000.00 $30,000.00 26-Jan-14 No State Farm Fire&Casualty;Bond#93BHM2021 Prairie Garden Sub. $864,761.95 $134,960.50 19-Oct-02 Yes State Bank of Illinois No.2001-27 Prairie Garden Sub.-Resub of Lot 4 $348,963.14 $164,784.74 2-May-06 Yes State Bank of Illinois No.2005-12 Prairie Pointe(USPS Watermain) $27,676.82 $3,774.09 31-May-07 Yes Castle Bank;LOC#7000280686-900 Prestwick of Yorkville-Phase 1 $1,200,000.00 $259,658.65 2-Sep-06 No HomeStar Bank LOC#2005-0902 Prestwick of Yorkville-Phase 1 $3,533.75 $3,353.75 N/A N/A The Ohio Casualty Insurance Co.Bond#3-829-554 Prestwick of Yorkville-Phase 1 $3,702,458.77 $1,554,408.48 31-Mar-07 Yes Homestar Bank;LOC#69432050 Provena/Dreyer Medical Facility $84,848.95 $61,366.01 N/A N/A Continental Casualty Co.Bond No.929341633 Raging Waves $1,642,844.00 $100,000.00 1-May-12 Yes Comerica Bank;LOC 9628335-04 Raging Waves $109,182.26 $14,888.49 27-Jun-08 Yes American Southern Ins.Co.;Bond#698815017299 Raging Waves $76,450.00 $10,425.00 1-May-09 Yes Comerica Bank;LOC#635815-04 Raging Waves $698,023.11 $698,023.11 23-May-13 No HUB International Scheers;Bond#08886773 Raintree Village-Unit 4 $1,694,781.00 $396,809.12 9-Mar-10 Yes Bond Safeguard Insurance Cc;Bond#5035420 Raintree Village-Unit 5 $2,436,108.84 $503,184.11 9-Mar-10 Yes Bond Safeguard Insurance Cc;Bond#5035421 Raintree Village-Unit 6 $2,371,091.40 $891,128.30 9-Mar-10 Yes Bond Safeguard Insurance Cc;Bond#5035422 Raintree Village-Rt.71 Improvements $3,000.00 $3,000.00 18-Jul-08 N/A Arch Insurance Company:Bond#104125069 Reserve at the Fox $30,583.10 $30,583.10 31-Dec-07 Yes Bond Safeguard Ins.Co.Bond#5026777 Rush-Copley Phase 1 $1,172,768.12 $106,607.51 19-Dec-07 Yes Old Second Bank;LOC#2987 Rush-Copley Phases 1&1A $448,733.40 $243,257.88 19-Aug-12 Yes Old Second Bank;LOC#60101004772 Rush-Copley Phase 1 $2,500.00 $2,500.00 1-Jan-12 No Cincinnati Insurance Cc;Bond#60293062 Rush-Copley Phase 1 $832,340.70 $104,613.80 2-May-09 Yes Old Second National Bank;LOC#60101002503 Rush-Copley Phase 1 $5,000.00 $5,000.00 14-Jul-14 No Western Surety;Bond#929479574 Rush-Copley Drive B $530,550.00 $530,550.00 17-Mar-16 No Cincinatti Insurance Bond#0532851 Rush-Copley FEC $73,117.00 $73,117.00 2-May-12 Yes Old Second-LOC#60101009607 Rush-Copley FEC $521,415.73 $521,415.73 2-May-12 I Yes Old Second-LOC#6010100581 Summary of Letter of Credit/Bonds March 15,2012 United City of Yorkville Bank Original Current Expiration Notification Development Name Amount Amount Date Reqd? Surety:Doc No. Saravanos Property(Stagecoach Crossing) $213,472.60 $26,039.10 29-Apr-13 Yes First Midwest Bank No.150017273-201 Saravanos Property(Stagecoach Crossing) $490,864.75 $193,573.88 30-Jun-12 Yes First Midwest Bank No.150017273-202 Saravanos Property(Stagecoach Crossing) $525,504.70 $50,000.00 16-Aug-07 Yes Developers Surety&Indemnity Co.;Bond#718566S Savitski Property $18,135.00 30-Jun-05 No Old Second Bank-Yorkville:LOC No.15298 Speedway Station $2,022.46 $2,022.46 21-Sep-07 Yes Safeco Insurance Co.;Bond#6435626 Speedway Station $11,800.00 $11,800.00 29-Sep-07 Yes Safeco Insurance Co.;Bond#6435630 Swanson Lane Estates $188,884.85 $188,884.85 31-Oct-07 Yes Old Second Bank;LOC#361000500 The National Bank $96,767.00 $96,767.00 31-Oct-08 Yes LaSalle Bank LOC#S599947 United Science Industries $10,000.00 $10,000.00 7-Jan-12 No Old Republic Surety;Bond#RL10627158 US Cellular $2,032.25 $2,032.25 N/A N/A Safeco Insurance Company;Bond#6703980 Verizon Wireless $10,000.00 $10,000.00 n/a n/a Feceral Insurance Cc Bond#82160804 Villas at the Preserve $762,214.04 $762,214.04 7-Nov-06 Yes LaSalle Bank LOC#S585845 Walgreens(North) $41,931.25 $41,931.25 N/A N/A Travelers Bond No.008SB103738505BCM Walnut Plaza $18,541.60 $18,541.60 28-Apr-07 Yes LaSalle Bank LOC#S590057 Walnut Plaza $10,904.05 $10,904.05 28-Sep-07 Yes Great American Insurance Co.;Bond#FS7572245 Westbury Village-Unit 1(Pod 6) $1,035,000.00 $1,035,000.00 18-Oct-06 Yes American Southern Insurance Co.Bond#98815012754 Westbury East Village-Pod 6 $276,533.00 $276,533.00 15-Jun-07 Yes American Southern Insurance Co.Bond#1398815015131 Westbury East Village-Pod 6 $333,052.00 $333,052.00 15-Jun-07 Yes American Southern Insurance Co.Bond#1398815015132 Westbury East Village-Pod 6 $480,670.00 $480,670.00 15-Jun-07 Yes American Southern Insurance Co.Bond#1398815015133 Westbury East Village-Pod 6 $888,735.00 $888,735.00 15-Jun-07 Yes American Southern Insurance Co.Bond#1398815015134 Westbury East Village-Pod 6 $73,689.00 $73,689.00 15-Jun-07 Yes American Southern Insurance Co.Bond#1398815015135 Westbury East Village-Pod 6 $14,823.00 $14,823.00 15-Jun-07 Yes American Southern Insurance Co.Bond#1398815015136 Westbury East Village-Pod 6 $429,379.00 $429,379.00 27-Jun-07 Yes American Southern Insurance Co.Bond#1398815015143 Whispering Meadows-Unit 1 $646,063.44 $142,563.44 N/A N/A Fidelity&Deposit Co.of Maryland Bond#08778950 Whispering Meadows-Unit 1 $2,521,235.09 $428,236.43 N/A N/A Fidelity&Deposit Co.of Maryland Bond#08780402 Whispering Meadows-Unit 2 $252,641.40 $121,727.22 N/A N/A Fidelity&Deposit Co.of Maryland Bond#08780403 Whispering Meadows-Unit 2 $3,162,992.03 $717,347.37 N/A N/A Fidelity&Deposit Co.of Maryland Bond#08780401 Whispering Meadows-Unit 4 $2,947,427.87 $632,599.56 2-Mar-07 Yes Fidelity&Deposit Co.of Maryland Bond#08825607 Whispering Meadows-Unit 4 $313,727.70 $232,443.71 2-Mar-07 Yes Fidelity&Deposit Co.of Maryland Bond#08825608 Windett Ridge $1,330,156.30 $142,937.37 30-May-05 N/A Gulf Insurance Group No.B21878117 Windett Ridge $1,158,724.04 $227,700.00 N/A N/A Lexon Insurance Co.Bond No.1004373 Wrigley $62,979.40 $62,979.40 21-Oct-11 Yes EMC Insurance Companies;Bond#S38-20-99 Yorkville Animal Care Center $5,000.00 $5,000.00 29-Apr-13 No RLI Surety;Bond#RSB4091676 Yorkville Business Center-Lot 21 $46,200.00 $46,200.00 N/A No NISB Bank Cashier's Check#9374 Yorkville Business Center(Nicor Facility) $792,559.90 $144,101.80 N/A N/A Travelers Casualty&Surety Company of America;Bond#105093176 Yorkville Market Square $29,131.85 $29,131.85 9-Apr-12 No Developers Surety&Indemnity;Bond#719538C Yorkville Market Square $912,800.91 $269,426.31 23-Jul-11 Yes Bank of Deerfield;LOC#532 401 W.Fox Street $10,000.00 $10,000.00 11-Mar-10 No Western Surety Co.;Bond#15269167 Sterling Codifiers, Inc. Page 1 of 40 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; http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 2 of 40 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 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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 3 of 40 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. 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 http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 4 of 40 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; 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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 5 of 40 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 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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 6 of 40 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 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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 7 of 40 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. 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 http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 8 of 40 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; 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) http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 9 of 40 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. 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) http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 10 of 40 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. 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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page I I of 40 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. 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 http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 12 of 40 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 5/11/2012 Sterling Codifiers, Inc. Page 13 of 40 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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 14 of 40 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. 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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 15 of 40 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. 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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 16 of 40 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. 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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 17 of 40 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 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 (1/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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 18 of 40 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. 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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 19 of 40 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. 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 http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 20 of 40 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) 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 http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 21 of 40 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: http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 22 of 40 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. 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) http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 23 of 40 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) 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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 24 of 40 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. 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) http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 25 of 40 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 5/11/2012 Sterling Codifiers, Inc. Page 26 of 40 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 http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 27 of 40 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. 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; http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 28 of 40 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. 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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 29 of 40 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: 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) http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 30 of 40 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) http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 31 of 40 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) 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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 32 of 40 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 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) http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 33 of 40 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 (111/2) miles of the city limits, which normally would require a certain size water main, sanitary sewer, and/or storm sewer, but which for the purpose of complying with the plan of development of the http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 34 of 40 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 http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 35 of 40 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 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 http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 36 of 40 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 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 http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 37 of 40 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: 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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 38 of 40 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 5/11/2012 Sterling Codifiers, Inc. Page 39 of 40 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. http://www.sterlingcodifiers.com/codebook/printnow.php 5/11/2012 Sterling Codifiers, Inc. Page 40 of 40 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 5/11/2012 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 r 0 O V � +s= w � � w •� � O C> 0 0 0 O O O O O ,� N U) LD Ln LO v N N N LO G o to E 0 a� E O o O O o O O 0 r„ .E L17 l(7 lt7 lf) 0 lf7 Lf7 O O O O O O O O > V U *� O � U E o o o e o e H X m n LO U') u7 m Lo .� � O 4° c' 3 m o °o °o o 0 0 °O o CO (D rn N N N N r r r N y 4� F— > 0 3 ;. p (D .a N m r N m m E o O U X X X X X X X X Lr)N fi r m to cm m co c° tiq cn w VI G D o cd 16 E 0 00 0 0 O O O O O O LCD O O O Y-i 2 � 4 GO 0 0 0 r r r l[] �ye O , q� -E ? + ' b ' C:) ai 71 71 o C O ?3 I.n M cce) cQ cn O [r3 O U _ O f7 0 0 O O N •E j � o O I� CO CD fD G j v .21 O bo 7 N x 42 "C7 r 7 N 0 U x E 'c .� O c6 0 o as aD m E v, O c cu w yr u) m u7 0 m X v a K L: o � o w ? -d b o ,� L w v is o _ o v� p p � g S c O U p � IE iF r~ �d c L) U ..0.1 �' U 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: 22.08 CONSTRUCTION STANDARDS and GUARANTEES, CONSTRUCTION and MAINTENANCE INSPECTIONS, ACCEPTANCE of PUBLIC IMPROVEMENTS and MAINTENANCE PERIOD A. Construction and Maintenance Requirements: The site grading and erosion con- trol, water distribution system, sanitary sewer system, stormwater management system, street system, street lights, sidewalks, bicycle paths, driveway approaches, landscaping, tree planting, and natural area restoration for every subdivision/planned development shall be constructed in strict accordance with the approved engineering plans and specifications therefore, and the standards set forth in Sections 22.05, 22.06 and 22.07 herein. The public improvements shall be maintained by the subdivider/developer for a minimum of 18 months after the Village Engineer has certified completion of the public improvements in compliance with the maintenance requirements set forth herein. Security (pursuant to Section 22.08-Clb herein) shall be posted with the Village to guarantee the completion of, payment and repairs of the public improve- ments. B. Construction Standards: The public improvements for all subdivisions and planned developments shall be constructed in a good and workmanlike manner in strict accordance with the standards set forth in Sections 22.05, 22.06 and 22.07 herein and the approved final engineering plans and specifications therefore. C. Guarantee of Completion, Payment and Construction: The Village Board will not cause the final plat/plan of any subdivision/planned development to be signed and recorded until the subdivider/developer and the owner have (1) satisfied all the terms and conditions of the ordinance approving of the Preliminary Plat; (2) has executed and delivered to the Village Clerk a Public Improvement Completion Agreement; (3) has tendered cash or filed with the Village Clerk a performance bond/labor and material payment bond or letter of credit to guarantee that all required public improvements will be completed pursuant to this Chapter 22 and the engineering plans and specifications approved by the Village Engineer within a reasonable time and subject to the approval of the Village Board and to further guarantee that the public improvements will be fully paid for and properly maintained pursuant to this Chapter 22; and (4) has complied with all of the provisions of this Chapter 22. 1. Guarantee Public Improvements: To guarantee that the public improve- ments will be completed within the time limits, fully paid for and properly maintained,the subdivider/developer shall file with the Village Clerk: a. A Public Improvements Completion Agreement(Appendix G), b. One of the following forms of guarantee of performance and pay- ment ("construction security") in an amount equal to 120 percent of the estimated construction cost of the public improvements, which have been approved by the Village Engineer, shall be filed with the Village Clerk. I. Cash deposit. II. A performance bond-labor and material payment bond co- signed by a surety licensed to do business in Illinois and having a policy rating of at least A- and a financial rating of Chapter 22, Section 22.08, Page 1 312110 at least VIII in the latest edition of the A. M. Best's Insur- ance Guide (Appendix F). I11. An irrevocable letter of credit issued by a federally insured financial institution with assets of at least $50,000,000, and a capital asset ratio of at least 6 percent(Appendix F). The Village Attorney must approve the construction security. It shall be the developer/subdivider's obligation to have the financial institution issuing the letter of credit to furnish a current financial statement to the Village. C. Cost estimates shall be prepared by the subdivider's engineer and submitted to the Village Engineer for approval not less than 30 days prior to a request for execution of a plat by the Village. The Village Engineer shall estimate and certify to the Village Board the amount of security, which shall be a minimum of 120 percent of the reasonably estimated cost of the public improvements plus such additional amount as may be required. The Village Board shall approve the required security. d. If the scheduled completion date for any of the public improve- ments is more than one year after the date on which any cash de- posit is made or bond or letter of credit is issued, the amount of such cash deposit, bond, letter of credit or escrow deposit shall be increased by 1.25 percent for each month or fraction thereof by which such scheduled completion date exceeds one year to allow for estimated construction cost increases and repairs to partially completed improvements. For example, if parkway and open space restoration is not scheduled for completion until 30 months after the security deposit is made, the security shall be equal to 137.5 percent of the estimated construction cost of parkway and open space restoration and 120 percent of the estimated construction cost of the other public improvements, assuming the other public improvements are reasonably estimated to be completed within one year. e. After final plat approval a construction inspection escrow account shall be established with the Village. The escrow sum shall be three percent of the Village Engineer's estimated cost of the subdi- vision improvements. This deposit shall be made prior to the exe- cution and recording of the final plat of subdivision. 2. Record of Account: The Treasurer shall maintain a complete record of each cash deposit, bond or letter of credit established to guarantee comple- tion of public improvements, the name of the subdivision, the estimated cost of the public improvements, the scheduled completion dates and the date on which any bond or letter of credit expires. The Treasurer shall re- port quarterly to the Manager on the status of each such cash deposit, completion bond and letter of credit. Chapter 22, Section 22.08, Page 2 312110 3. Time Limits: The time limits may be extended up to one year by the Man- ager upon the recommendation of the Village Engineer and the Public Works Director, for good cause shown, provided the construction security is extended to cover the new completion date and adjusted for estimated increased costs. The time limits may be extended beyond one year by the Village Board, in its sole discretion, provided the construction security is extended to cover the new completion date and adjusted for increased costs. 4. Expiration of Letter of Credit: Upon receipt of the notice of expiration of any letter of credit to the Treasurer, the Village Engineer shall issue a writ- ten status report to the Treasurer indicating which, if any, of the public improvements are not complete, and either recommend the construction security be (a) extended, and if extended, whether the amount of the con- struction security must be increased to cover the incomplete work, or (b) collected such (1) that the cash deposit be forfeited, (2) the letter of credit be drawn upon, or(3) claim to be made on the bond to cover the estimated cost of the incomplete work plus a sum equal to 15 percent of the engi- neer's original estimate of cost to satisfy the subdivider/developer's main- tenance security obligation. In the event the subdivider/developer fails to renew and/or extend the letter of credit as requested, the Treasurer shall draw the entire amount available under such letter of credit or make a claim on the performance bond/labor and material payment bond before the time limits for filing suit on said bond. The Treasurer shall maintain the proceeds of any forfeited cash deposit drawn on a letter of credit or monies paid by a surety bond company in a separate fund to be used solely for payment of the cost of completion of the public improvements for that subdivision/planned development, including engineering fees and any le- gal expenses incurred in the forfeiture of the letter of credit or bond. 5. Cost Estimate: If an engineer's estimate of cost is more than six months old at the time the plat is recorded, a revised estimate of cost shall be pro- vided, reviewed and approved by the Village Engineer at the subdi- vider/developer's expense. 6. Reduction Requests: The subdivider/developer may request reductions in the balance of the construction security upon completion of each eligible category of public improvement. The reduction will be 90 percent of the original estimated amount for each eligible category. The remaining 10 percent shall be retained to cover punch list work. Also an additional 15 percent of the approved estimate of the cost of construction of the public improvements shall be retained until the public improvements have been accepted and the maintenance guarantee posted with the Village. Specific security reductions information is available from the Village Engineer. D. Permits Required: None of the work specified in this Section 22.08-D shall be performed on any portion of the subdivision/planned development until the Village has issued the following special permits: 1. Early Grading Permit: An early earthwork permit may be issued by the Chapter 22, Section 22.08, Page 3 312110 Public Works Director only after all of the items listed in the Site Devel- opment Permit Checklist and Early Grading Permit Checklist of Appendix E have been completed, the subdivider/developer has executed a Hold Harmless Agreement for Early Grading (see Appendix E), and has posted cash or a letter of credit in an amount sufficient to perform said earth work and to completely restore the property to its original condition if the pro- ject is not subsequently approved by the Village. 2. Site Development Permit: A site development permit may be issued by the Village only after all of the items listed in the Site Development Permit Checklist (see Appendix E) have been completed and the Village Board has passed an ordinance approving the final subdivision plat/planned de- velopment plan. 3. Demolition Permits: Prior to the demolition of any existing structure on the proposed subdivision/planned development, the subdivider/developer shall apply for and be issued a demolition permit pursuant to Chapter 23, Building Codes, of this Code. Demolition permits shall also be required for abandoning private wells and septic systems. A county Department of Public Health permit shall accompany the demolition permit application. 4. Tree Removal Permit; The removal of trees is governed by Section 5.15 of this Code. 5. Other Permits: Any other applicable permit issued by the EPA, Army Corps of Engineers, state, county, etc., shall be required before initiating any early earthwork, site development, demolition or tree removal. E. Inspection of Public Improvements Required: Public improvements shall be sub- ject to inspection by the Public Works Director both during the course of construction and after construction is completed. The Village Engineer shall have authority over construction, materials, methods of construction and workmanship to insure compliance with this Chapter 22 and the approved plans. The subdivider/developer shall provide for reasonable tests and proof of quality of materials as reasonably requested by the Village Engineer. The Village Engineer may require that work be suspended for due cause, which shall include adverse weather conditions, questionable materials or methods of construction or workmanship, or failure to adhere to this Chapter 22 or the approved plans. 1. Notification: It shall be the responsibility of the subdivider/developer or its general contractor to notify the Public Works Director when work will be- gin and to request inspections. The initial notification that a particular im- provement will begin shall be in writing and every request for an inspec- tion must be received by the Public Works Director at least 72 hours in advance of the requested inspection. 2. Subdivider/Developer Responsible: Failure of any Village employee, in- spector, agent or official to detect construction work or materials which fail to meet the requirements of this Chapter 22 and/or the approved plans, shall in no way relieve the subdivider/developer of full responsibility for adherence by it and all contractors and material suppliers to this Chapter Chapter 22, Section 22.08, Page 4 312110 22 and the approved plans nor for failure to adhere to high standards of materials, methods and workmanship. 3, Inspection and A roval: When all the public improvements, including the public improvements of separate phase or unit, are completed in their en- tirety, the developer/subdivider shall formally request the Village Engi- neer in writing to certify completion of the public improvements. Upon re- ceipt of the request letter the Village Engineer, in conjunction with the Public Works Director,will schedule a final inspection to take place when reasonably possible. The 18-month maintenance period begins after the first final inspection. Another final inspection is conducted at the end of the 18-month maintenance, which allows the developer to turn all im- provements over to the Village. Due to the inability to determine whether parkway trees are living during winter months, and the inability to conduct certain other inspections due to snow and ice cover, the Village Engineer will not certify completion or recommend acceptance by the Village Board between November 1 and May 1. All deficient public improvements which do not totally conform to this Chapter 22 and the approved plans will be put on a written punch list. The punch list will be forwarded to the developer/subdivider for processing. When the developer/subdivider has corrected the deficiencies on the punch list, a second final inspection of the Village Engineer shall be requested. Scheduling a second inspection is the same as the final inspection. If the length of time between the initial final inspection and the second final inspection is greater than four months, or if the noted deficiencies have not been corrected for the second final inspection, the request for certification of acceptance may be can- celed by the Village Engineer. If canceled, a second request letter will be required, and the certification will be subject to the following additional requirements: a. The developer/subdivider shall be required to pay all costs incurred by the persons conducting the inspection, including, but not limited to, Village staff. b. The punch list recorded during the initial final inspection will be voided and a complete re-inspection may be required. Neither acceptance nor certification of completion by the Village Engineer or acceptance by any employee, inspector, agent or official of the Village, nor maintenance of the public improvements by the Village shall be deemed accepted by the Village. No public improvements shall be ac- cepted or deemed to be accepted until the Village Board passes an ord - nance accepting such public improvements on the written recommendation of the Village Engineer and upon satisfaction of the conditions set forth in Section 22.08-H herein. Certification and Village Board acceptance shall not occur until after the final inspection at the end of the 18-month main- tenance period. 4. Required Barricades: Once house or commercial structure construction ac- tivities have started, the subdivider/developer shall have on the project site Chapter 22, Section 22.08, Page 5 312110 at all times a minimum of 12 type 2 barricades with lights, which can be erected as needed during repair activities to curb, pavement, sidewalk or other public improvement, to protect the public. An additional 12 barri- cades must be available at all times. F. Protection and Repair of Existing Public Improvements: The subdivider/developer and its contractors, subcontractors and material suppliers shall be jointly and severally responsi- ble for protecting the existing public improvements in the subdivision/planned development against damage resulting from their construction activities in the subdivision/planned develop- ment and assuring the Village that such existing public improvements and Village property are not damaged or rendered less useful or unsightly as a result of the construction activities. This provision includes any and all damages to, and any nuisance created upon, all lands, improve- ments and landscaping of the Village or other governmental entities and public agencies; damage to existing streets, sidewalks, curbs and gutters, driveway approaches and parkways, by the passage of equipment or trucks, or by excavation for any purpose; the spilling or tracking of earth, sand or rock onto existing streets, sidewalks, curbs and gutters or parkways; erosion by stormwater of earth, gravel, sand or other debris onto streets, sidewalks, curbs and gutters, drainage swales, manholes, valve vaults, inlets or catch basins; or the damage of water mains, sanitary sewer, b-boxes, hydrants, culverts or storm sewers. To reduce or localize the possibility of damage to streets by heavy trucks,the subdivider/developer and its contractors, subcontractors and material suppliers shall follow access instructions of the Public Works Director. The subdivider/developer shall be absolutely responsible for the enforcement of the access instruc- tions upon its contractors, subcontractors and their suppliers. Where deemed advisable, the Village Board, upon the recommendation of the Public Works Director, shall require, either prior to construction or after construction is in progress, that the subdivider/developer post additional security in the form of a cash bond, performance bond/labor and material payment bond or a letter of credit to guarantee the repair of any damages or abatement of any nuisance, caused, suffered or permitted by the subdivider/developer, its contractors or material suppliers. Until such security has been posted, construction shall be discontinued. The Village may draw upon such cash bond, performance bond/labor and material payment bond or letter of credit to pay for any expenses that have been or may be incurred by the Village for cleaning its streets, catch basins and sewers, regrading of landscaping drainage swales, and repairing any damages to its public improvements. G. Conclusion of the Public Improvement Construction: The completion date of the public improvements shall be the first day of the next month following completion of the public improvements and all punch list work certified by the Village Engineer based on the Village Engineer's determination that all of the conditions set forth in Section 22.08-H herein have been satisfied. H. Acceptance Procedure for Public Improvements: Public improvements shall be accepted only by the passage of an ordinance by the Village Board upon the recommendation of the Village Engineer. Such recommendation shall be contingent on satisfying the following conditions: I. Work in Accordance with Plans: All the public improvements shall be completed in a good and workmanlike manner using materials of good quality and shall be maintained in good repair by the subdivider/developer in accordance with the standards and requirements of this Chapter 22 as of a date certain, and no component part of the public improvements shall be Chapter 22, Section 22.08, Page 6 312110 accepted until all of the component parts of the public improvements throughout the subdivision/planned development have been completed in accordance with the approved plans and this Chapter 22 and maintained by the subdivider/developer. 2. Waivers: The developer/subdivider has provided to the Village Engineer sworn statements from each prime contractor with whom it contracted for the construction, installation, repair and maintenance, and a final waiver of lien from every person and entity that furnished labor and/or material in connection with the public improvements, including final waivers from all subcontractors and material suppliers shown on first tier subcontractor's waivers to protect the Village from mechanic's lien claims through the completion date. 3. Test Reports: Where required by this Chapter 22, or reasonably deemed necessary by the Village Engineer, test reports showing compliance with this Chapter 22 and the approved plans must be provided to the Village Engineer. 4. Village Attorney Approval: The Village Attorney shall provide a written report to the Village Board that the developer/subdivider or owner, as the case may be, has or have made all necessary conveyances and approved the form of the maintenance guarantee posted by the developer/subdivider. 5. Village Clerk Approval: Written acknowledgment from the Village Clerk of receipt of the original maintenance guarantee approved by the Village Attorney. 6, Warranty Title: Delivery of a warranty title, approved by the Village At- torney transferring title to the public improvements to the Village, deliv- ered to the Village Clerk. 7. Benchmarks: At least two benchmarks must be set in each subdivision. One benchmark for up to 80 acres and one for each additional 40 acres or part thereof. Benchmark settings shall be coordinated with the Public Works Department at the developer/subdivider's cost. For additional stan- dards refer to the Appendix H, Standard Specifications for Construction and Estimating. 8. Submittal of Final Plans: One reproducible mylar set and two sets of prints of the record drawings shall be submitted to the Village Engineer. The re- cord drawings shall include service location information for sanitary sewer and potable water for each lot and reflect all field changes for location and elevation of public improvements. 9. Inspection of Improvements: All sanitary sewers must be clean; must have passed the required tests. A videotape of the sewer interior shall be sub- mitted to the Village. All sanitary sewer and valve vaults manholes must be water tight and clean. All fire hydrants must be at grade and all oper- able hydrant auxiliary vales must be keyable. All catch basins, inlets and Chapter 22, Section 22.08, Page 7 312110 storm sewer lines must be free of dirt and debris. No manholes, valve vault frames and drainage structure frames located within roadways may protrude above the roadway surface, but must be even with, or no more than one-half inch below the roadway surface. A full stand of grass shall have been established on all parkways and drainage swales. In the opinion of the Village Arborist all dead, dying or diseased parkway trees shall have been replaced. All domestic "buffalo" boxes shall have been adjusted to proper grade, located and keyed by Public Works personnel. All struc- turally cracked or sinking sidewalks, driveways, aprons or curbs shall have been replaced. Variations in roadway surfaces shall not be greater than one-quarter inch in 10 feet as checked using a 20-foot long straight-edge in each wheel lane. All roadway surface and base course thickness must be within substantial compliance with the approved plans and specifications. The Village shall have received a set of record drawings showing the loca- tions of all water and sanitary sewer service connections and the minimum light levels specified in the lighting standards of this Chapter 22. All fail- ures must have been repaired and all defects corrected. The public im- provements must have been constructed in substantial compliance with the approved plans. At the time of the walk through, the subdivider/developer shall submit "as builts" of the entire project, including the location of drain tiles. The "as-builts" shall be submitted as prints and electronically in AutoCAD. I. Guarantee for Maintenance of Public Improvements: The subdivider/developer shall post adequate security to guarantee the maintenance of the public improvements and every component part of the public improvements in an acceptable condition for the maintenance period as defined in Section 22.08 44 herein and to guarantee payment for all maintenance work. To guarantee that the public improvements will be maintained during the maintenance period and to guarantee payments for all labor and/or material during the maintenance period, the subdivider/developer shall file with the Village Clerk one of the following forms of guarantee of maintenance in an amount equal to 15 percent of the engineer's estimate of the construction cost of the public improvements as approved by the Village Engineer. 1. Cash deposit. 1 A maintenance bond co-signed by a surety having a surety rating of at least an A- and a financial rating of at least a VIII in the latest edition of A. M. Best's Insurance Guide (Appendix E). 3. An irrevocable letter of credit issued by a federally insured financial insti- tution with assets of at least $50,000,000 and a capital asset ratio of at least 6 percent(Appendix E). J. Responsibility for Maintenance: The subdivider/developer shall be responsible for the maintenance of all the public improvements for its subdivision/planned development for the maintenance period, and for the payment of all costs associated therewith. 1. Maintenance Obligations: The subdivider/developer's maintenance re- sponsibilities obligations shall include, but are not limited to: (a) maintain- ing the public improvements, (b) repairing any damage to the public im- Chapter 22, Section 22.08, Page 8 312110 provements caused by the subdivider/developer, its agents, servants, em- ployees or its successors and assigns, or by any contractor hired by the subdivider/developer, its agents, servants, employees, successors or as- signs, or any subcontractor hired by such contractor, (c) repairing or re- placing any defective workmanship or material in the public improve- ments, (d) protecting the Village against the results of any defective workmanship or materials appearing to have been incorporated in any part of the public improvements which shall have appeared or been discovered within the maintenance period, and (e) paying for the cost of all such maintenance work. In the event that any such pubic improvements are damaged, the burden shall be on the subdivider/ developer to show that such damage was not caused by the subdivider/developer, its agents, ser- vants, employees, successors or assigns, or by any contractor hired by the subdivider/developer, its agents, servants, employees, successors or as- signs, or any subcontractor hired by such contractor. 2. Village Services: During the maintenance period, the Village will provide its customary street sweeping and snow plowing services, and enforce Section 41.01, Traffic Regulations, of this Code, on the public streets of a subdivision/planned development, but any and all other maintenance of the public improvements shall be performed by the subdivider/developer. An Agreement for Snow and/or Ice Removal on Unaccepted Streets (Ap- pendix I) shall be entered into by the subdivider/developer prior to winter. 3. Term of Maintenance Period: The maintenance period shall commence on the completion date certified by the Village Engineer and continue for a minimum of 18 months. The Village Engineer shall establish the length of the maintenance period so the expiration date occurs between May 1 and November 1. Notwithstanding the length of the maintenance period, the maintenance guarantee shall be 18 months. Approximately 90 days before the expira- tion of the maintenance period,the Village Engineer and Public Works Di- rector shall conduct a maintenance inspection. In the event the inspection reveals any deficiencies in the public improvements, the deficiencies will be inventoried and placed on a maintenance punch list, which will be mailed, via certified mail, return receipt requested, to the devel- oper/subdivider. The Village Engineer shall also prepare an estimate of the approximate cost to correct the deficiencies and forward the estimate to the Treasurer. The developer/subdivider shall have 45 days from the date the maintenance punch list is mailed to correct and remedy all deficien- cies. Prior to the expiration of the maintenance period, the Village Engi- neer and Public Works Director shall conduct a final inspection to deter- mine compliance. In the event any uncorrected deficiencies remain or any new deficiencies are discovered, the Village Engineer shall provide a writ- ten estimate of the cost to correct any remaining and new deficiencies to the Treasurer. Within 30 days of the end of the maintenance period, the devel- oper/subdivider shall furnish to the Village Engineer a general contractor's Chapter 22, Section 22.08, Page 9 312110 sworn statement from each prime contractor who performed by of the maintenance work and final waivers of lien from all persons and entities that furnished labor and/or materials in connection with the maintenance work. In the event there are uncorrected deficiencies during the maintenance period and/or missing waivers of lien, the Treasurer shall either (a) deduct from the cash deposit an amount sufficient to correct said deficiencies, in- cluding all estimated engineering, legal and other expenses to cover the cost of preparing specifications, bid documents (if applicable) and con- tract(s) to perform such corrective work, and to cover any potential lien claims based on missing waivers of lien, (b) deliver a notice to the surety demanding performance of its obligations under the maintenance bond, (c) deliver a site draft to the issuer of the maintenance letter of credit in an amount sufficient to correct the deficiencies, including estimated engineer, legal and other expenses to cover the cost of preparing specifications, bid documents (if applicable) and contract(s) to perform any corrective work, and to cover any potential lien claims based on missing waivers of lien. This shall be completed before the expiration of the 18-month mainte- nance guarantee. K. Installation of Improvements: A schedule of installation dates and/or time periods in which required improvements will be installed, including the time period between temporary and final improvements (e.g., base/binder/aggregate course and final surface course for streets) in compliance with Appendix G herein, shall be submitted to the Village Engineer and Public Works Director for approval at the time the letter of credit is established with the Village. In the event a required improvement does not meet the approved schedule or completed improvements are deemed to be failing by the Public Works Director, the Village may draw upon the cash deposit, bond or letter of credit to complete those improvements. When a schedule of installation dates has not been submitted and improvements are not completed, or those completed are deemed by the Public Works Director to be failing, the Village may draw upon the cash deposit, bond or letter of credit to complete those improve- ments. Chapter 22, Section 22.08, Page 10 312110 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal CA#9 Finance ❑ ESL -� 1836 Engineer ❑ -_� City Administrator El Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ PS 2012-13 � Police F-1 Public Works ❑ Agenda Item Summary Memo Title: Ordinance Amending City Code Adopting Hiring Standards for Part-Time Police Officers Meeting and Date: City Council—June 26, 2012 Synopsis: New ordinance required by ILETSB for Part-Time Police Officers. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Move forward to City Council for approval. Submitted by: Chief Hart Police Name Department Agenda Item Notes: Ordinance No. 2012- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, ADOPTING HIRING STANDARDS FOR PART-TIME POLICE OFFICERS WHEREAS, the United City of Yorkville (the "City") is a duly organized, and validly existing non home-rule municipality of the State of Illinois under the 1970 Illinois Constitution and the laws of the State of Illinois; and, WHEREAS,the City hires part-time police officers to serve as members of the City's police department; and WHEREAS, Section 3.1-30-21 of the Illinois Municipal Code, (65 ILCS 5/3.1-30-21), mandates that any municipality employing part-time police officers shall, by ordinance, establish hiring standards for part-time police officers and shall submit those standards to the Illinois Law Enforcement Training Standards Board; and WHEREAS,the City to comply with the training requirements of the Illinois Municipal Code hereby adopts this ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 5, Chapter 1, of the United City of Yorkville Code of Ordinances is hereby amended by deleting section 5-1-7 in its entirety and replacing it with the following: "7. HIRING STANDARDS FOR PART-TIME POLICE OFFICERS: All police officers, other than those officers who shall be employed on a full-time basis, shall be qualified to enter and successfully complete any training mandated for part-time police officers by the Illinois Law Enforcement Training Standards Board including the Illinois Police Training Act (50 ILCS 705/8.2) and the Illinois Peace Officer Firearm Training Act(50 ILCS 710/0.01 et seq.). A part-time police officer shall have all of the responsibilities of a full-time police officer and such specific duties as delineated in the Rules &Regulations and Policies &Procedures of the Yorkville Police Department. The number of hours a part-time officer may work within a calendar year is restricted. Part-time police officers shall not be assigned to supervise or direct full-time police officers. Part- time police officers shall be trained in accordance with the Illinois Police Training Act(50 ILCS 705/1 et.seq.) and the rules and requirements of the Illinois Law Enforcement Training and Standards Board(ILETSB). Any person employed as a part-time police officer must meet the following minimum standards: 1. Be of good moral character, of temperate habits, of sound health, and physically and mentally able to perform assigned duties. 2. Be at least twenty-one (2 1) years of age. 3. Possess a high school diploma or GED certificate. 4. Possess a valid State of Illinois driver's license. 5. Possess no prior felony convictions. 6. Any individual who has served in the US Military must have been honorably discharged." Section 2. That a certified copy of this Ordinance establishing hiring standards for part- time police officers employed by the United City of Yorkville, Kendall County, Illinois, shall be filed with the Illinois Law Enforcement Training Standards Board, as required by statute. Section 3. That Ordinance No. 2011-15, entitled,An Ordinance Amending the Code of Ordinances of the United City of Yorkville, Kendall County, Illinois, Adopting Hiring Standards for Part-Time Police Officers,be and is hereby repealed. Section 4. 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 , 2012. CITY CLERK CHRIS FUNKHOUSER DIANE TEELING JACKIE MILSCHEWSKI LARRY KOT CARLO COLOSIMO MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2012. MAYOR 2 Reviewed By: Agenda Item Number 6 Legal ❑ CA#10 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number m Human Resources F-1 C�"Sad `=Q Community Development ❑❑ ADM 2012-36 Police ALE ��' Public Works ❑ Agenda Item Summary Memo Title: Prevailing Wage Ordinance Meeting and Date: City Council—June 26, 2012 Synopsis: Ordinance that declares city's compliance with the Illinois Prevailing Wage Act. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Lisa Pickering Clerk's Office Name Department Agenda Item Notes: Please see attached information. Memorandum EST. �� lass To: Mayor and City Council O From: Lisa Pickering, Deputy Clerk CC: Bart Olson, City Administrator �' �MMA °ty '� Date: June 5, 2012 LE Subject: Prevailing Wage Ordinance The city is required by state statute during the month of June of each year, to investigate and ascertain the prevailing rate of wages as defined in 820 ILCS 130—Prevailing Wage Act. To accomplish this, the city annually approves an ordinance declaring compliance with the Illinois Prevailing Wage Act. The purpose of the Prevailing Wage Act is to ensure that the general prevailing rate of wages for laborers, mechanics, and other workers engaged in the construction of public works coming under the jurisdiction of the city are the same as the prevailing rate of wages for construction work in the Kendall County area. The rate of wages is determined by the Illinois Department of Labor. I have attached the ordinance along with the list of Kendall County prevailing wages for June 2012. After the approval of the ordinance by City Council, a copy of the ordinance will be publicly posted in the glass case in the lobby, a public notice will be placed in the newspaper, and certified copies will be filed with the Secretary of State and the Illinois Department of Labor. ORDINANCE NO. 2012 - AN ORDINANCE DECLARING THE UNITED CITY OF YORKVILLE'S COMPLIANCE WITH ILLINOIS PREVAILING WAGE ACT WHEREAS,the State of Illinois has enacted"An ACT regulating wages of laborers, mechanics, and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works," approved June 26, 1941, as amended, being Chapter 820 ILCS 130/1-12 Illinois Compiled Statutes; and WHEREAS, the aforesaid Act requires that the United City of Yorkville investigate and ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics, and other workers in the locality of said City employed in performing construction of public works, for said City. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. As required by"An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works" approved June 26, 1941, as amended, the general prevailing rate of wages in the locality for laborers, mechanics, and other workers engaged in the construction of public works coming under the jurisdiction of this City is hereby ascertained to be the same as the prevailing rate of wages for construction work in the Kendall County area as determined by the Department of Labor and the State of Illinois as of June 2012, a copy of that determination being attached hereto as Exhibit"A" and incorporated herein by reference. The definition of any terms appearing in this Ordinance which are also used in the aforesaid Act shall be the same as in said Act. Section 2. Nothing herein shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works of this City to the extent required by the aforesaid Act. Section 3. The City Clerk shall publicly post or keep available for inspection by any interested party in the main office of this City this determination of such prevailing rate of wage. Section 4. The City Clerk shall mail a copy of this determination to any employer, and to any association of employers and to any person or association of employees who have filed or file their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. Section 5. The City shall promptly file a certified copy of this Ordinance with both the Secretary of State Index Division and the Department of Labor of the State of Illinois. Ordinance No.2012- Page 1 Section 6. The City Clerk shall cause a notice to be published in a newspaper of general circulation within the area that the determination of prevailing wages has been made. Said notice shall conform substantially to the notice attached hereto as Exhibit`B". Such publication shall constitute notice that this is the determination of the City and is effective. PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2012. City Clerk CHRIS FUNKHOUSER GEORGE GILSON,JR. CARLO COLOSIMO DIANE TEELING JACKIE MILSCHEWSKI MARTY MUNNS ROSE SPEARS LARRY KOT 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 Kendall County Prevailing Wage for June 2012 http://www.state.il.us/agency/idol/rates/EVENMO/KENDALL9.htm Kendall County Prevailing Wage for June 2012 (See explanation of column headings at bottom of wages) Trade Name RG TYP C Base FRMAN *M-F>8 OSA OSH H/W Pensn Vac Trng ASBESTOS ABT-GEN ALL 35.200 35.700 1.5 1.5 2.0 12.18 8.820 0.000 0.450 ASBESTOS ABT-MEC BLD 32.850 0.000 1.5 1.5 2.0 10.82 10. 66 0.000 0.720 BOILERMAKER BLD 43.450 47.360 2.0 2.0 2.0 6. 970 14. 66 0.000 0.350 BRICK MASON BLD 39.780 43.760 1.5 1.5 2.0 9.300 11.17 0.000 0.730 CARPENTER ALL 40.770 42.770 1.5 1.5 2.0 12.34 11.26 0.000 0.530 CEMENT MASON ALL 41.550 43.550 2.0 1.5 2.0 9.250 12.51 0.000 0.250 CERAMIC TILE FNSHER BLD 33.600 0.000 2.0 1.5 2.0 9.200 6. 680 0.000 0.580 COMMUNICATION TECH BLD 36.390 38.490 1.5 1.5 2.0 10.02 10.19 0.000 1.090 ELECTRIC PWR EQMT OP ALL 35.400 48.110 1.5 1.5 2.0 5.000 10. 97 0.000 0.270 ELECTRIC PWR GRNDMAN ALL 27.380 48.110 1.5 1.5 2.0 5.000 8.490 0.000 0.210 ELECTRIC PWR LINEMAN ALL 42.390 48.110 1.5 1.5 2.0 5.000 13.14 0.000 0.320 ELECTRIC PWR TRK DRV ALL 28.350 48.110 1.5 1.5 2.0 5.000 8.790 0.000 0.220 ELECTRICIAN BLD 43.560 47.920 1.5 1.5 2.0 10.02 12.20 0.000 1.310 ELEVATOR CONSTRUCTOR BLD 48.560 54.630 2.0 2.0 2.0 11.03 11.96 2. 910 0.000 FENCE ERECTOR ALL 44.950 47.200 2.0 2.0 2.0 8.890 17. 69 0.000 0.400 GLAZIER BLD 38.500 40.000 1.5 2.0 2.0 11.49 14. 64 0.000 0.840 HT/FROST INSULATOR BLD 43.800 46.300 1.5 1.5 2.0 10.82 11.86 0.000 0.720 IRON WORKER ALL 44.950 47.200 2.0 2.0 2.0 8.890 17. 69 0.000 0.400 LABORER ALL 35.200 35.950 1.5 1.5 2.0 11. 97 9.030 0.000 0.450 LATHER ALL 40.770 42.770 1.5 1.5 2.0 12.34 11.26 0.000 0.530 MACHINIST BLD 43.160 45.160 1.5 1.5 2.0 7. 980 8. 950 0.000 0.000 MARBLE FINISHERS ALL 29.100 0.000 1.5 1.5 2.0 9.300 11.17 0.000 0. 660 MARBLE MASON BLD 39.030 42.930 1.5 1.5 2.0 9.300 11.17 0.000 0.730 MATERIAL TESTER I ALL 25.200 0.000 1.5 1.5 2.0 11. 97 9.030 0.000 0.450 MATERIALS TESTER II ALL 30.200 0.000 1.5 1.5 2.0 11. 97 9.030 0.000 0.450 MILLWRIGHT ALL 40.770 42.770 1.5 1.5 2.0 12.34 11.26 0.000 0.530 OPERATING ENGINEER BLD 1 45.100 49.100 2.0 2.0 2.0 14.40 9.550 1. 900 1.250 OPERATING ENGINEER BLD 2 43.800 49.100 2.0 2.0 2.0 14.40 9.550 1.900 1.250 OPERATING ENGINEER BLD 3 41.250 49.100 2.0 2.0 2.0 14.40 9.550 1. 900 1.250 OPERATING ENGINEER BLD 4 39.500 49.100 2.0 2.0 2.0 14.40 9.550 1.900 1.250 OPERATING ENGINEER BLD 5 48.850 49.100 2.0 2.0 2.0 14.40 9.550 1. 900 1.250 OPERATING ENGINEER BLD 6 46.100 49.100 2.0 2.0 2.0 14.40 9.550 1. 900 1.250 OPERATING ENGINEER BLD 7 48.100 49.100 2.0 2.0 2.0 14.40 9.550 1. 900 1.250 OPERATING ENGINEER HWY 1 43.300 47.300 1.5 1.5 2.0 14.40 9.550 1. 900 1.250 OPERATING ENGINEER HWY 2 42.750 47.300 1.5 1.5 2.0 14.40 9.550 1. 900 1.250 OPERATING ENGINEER HWY 3 40.700 47.300 1.5 1.5 2.0 14.40 9.550 1. 900 1.250 OPERATING ENGINEER HWY 4 39.300 47.300 1.5 1.5 2.0 14.40 9.550 1. 900 1.250 OPERATING ENGINEER HWY 5 38.100 47.300 1.5 1.5 2.0 14.40 9.550 1. 900 1.250 OPERATING ENGINEER HWY 6 46.300 47.300 1.5 1.5 2.0 14.40 9.550 1. 900 1.250 OPERATING ENGINEER HWY 7 44.300 47.300 1.5 1.5 2.0 14.40 9.550 1. 900 1.250 ORNAMNTL IRON WORKER ALL 44.950 47.200 2.0 2.0 2.0 8.890 17. 69 0.000 0.400 PAINTER ALL 40.180 42.180 1.5 1.5 1.5 8.950 8.200 0.000 1.250 PAINTER SIGNS BLD 33.920 38.090 1.5 1.5 1.5 2. 600 2.710 0.000 0.000 PILEDRIVER ALL 40.770 42.770 1.5 1.5 2.0 12.34 11.26 0.000 0.530 PIPEFITTER BLD 41.000 43.000 1.5 1.5 2.0 10.75 14.59 0.000 1. 660 PLASTERER BLD 39.250 41.610 1.5 1.5 2.0 10. 60 10. 69 0.000 0.550 PLUMBER BLD 41.000 43.000 1.5 1.5 2.0 10.75 14.59 0.000 1.660 ROOFER BLD 37.650 40.650 1.5 1.5 2.0 8.380 6.820 0.000 0.430 SHEETMETAL WORKER BLD 41.660 43.660 1.5 1.5 2.0 9.540 11.57 0.000 0.780 SPRINKLER FITTER BLD 49.200 51.200 1.5 1.5 2.0 9.750 8.200 0.000 0.450 STEEL ERECTOR ALL 44.950 47.200 2.0 2.0 2.0 8.890 17. 69 0.000 0.400 STONE MASON BLD 39.780 43.760 1.5 1.5 2.0 9.300 11.17 0.000 0.730 TERRAZZO FINISHER BLD 35.150 0.000 1.5 1.5 2.0 9.200 9.070 0.000 0.430 TERRAZZO MASON BLD 39.010 42.010 1.5 1.5 2.0 9.200 10.41 0.000 0.510 TILE MASON BLD 40.490 44.490 2.0 1.5 2.0 9.200 8.390 0.000 0. 640 1 of 6 6/5/2012 2:13 PM Kendall County Prevailing Wage for June 2012 http://www.state.il.us/agency/idol/rates/EVENMO/KENDALL9.htm TRUCK DRIVER ALL 1 35.650 36.200 1.5 1.5 2.0 6.670 4.725 0.000 0.250 TRUCK DRIVER ALL 2 35.800 36.200 1.5 1.5 2.0 6.670 4.725 0.000 0.250 TRUCK DRIVER ALL 3 36.000 36.200 1.5 1.5 2.0 6.670 4.725 0.000 0.250 TRUCK DRIVER ALL 4 36.200 36.200 1.5 1.5 2.0 6. 670 4.725 0.000 0.250 TUCKPOINTER BLD 39.950 40.950 1.5 1.5 2.0 8.180 10.57 0.000 0.790 Legend: RG (Region) TYP (Trade Type - All,Highway,Building,Floating,Oil & Chip,Rivers) C (Class) Base (Base Wage Rate) FRMAN (Foreman Rate) M-F>8 (OT required for any hour greater than 8 worked each day, Mon through Fri. OSA (Overtime (OT) is required for every hour worked on Saturday) OSH (Overtime is required for every hour worked on Sunday and Holidays) H/W (Health & Welfare Insurance) Pensn (Pension) Vac (Vacation) Trng (Training) Explanations KENDALL COUNTY The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration. If in doubt, please check with IDOL. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain. CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for tile made in tile-like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars including but not limited to thin-set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill all joints and 2 of 6 6/5/2012 2:13 PM Kendall County Prevailing Wage for June 2012 http://www.state.il.us/agency/idol/rates/EVENMO/KENDALL9.htm voids regardless of method on all tile work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment, and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile floors and walls to be re-tiled. COMMUNICATIONS TECHNICIAN Construction, installation, maintenance and removal of telecommunication facilities (voice, sound, data and video) , telephone, security, and data inside wire, interconnect, terminal equipment, central offices, PABX and equipment, micro waves, V-SAT, bypass, CATV, WAN (wide area network) , LAN (local area networks) , and ISDN (integrated system digital network) , pulling of wire in raceways, but not the installation of raceways. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (all stone, sand, etc. ) , stocking of floors with material, performing all rigging for heavy work, the handling of all material that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installation of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in the trade) , carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and exterior which are installed in a similar manner. MATERIAL TESTER I: Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt. MATERIAL TESTER II: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures. OPERATING ENGINEER - BUILDING Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson Attachment; Batch Plant; Benoto (requires Two Engineers) ; Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted) ; Concrete Conveyor; Concrete Conveyor (Truck Mounted) ; Concrete Paver Over 27E cu. ft; Concrete 3 of 6 6/5/2012 2:13 PM Kendall County Prevailing Wage for June 2012 http://www.state.il.us/agency/idol/rates/EVENMO/KENDALL9.htm Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted) ; Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type) ; Creter Crane; Crusher, Stone, etc. ; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, One, Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment) ; Locomotives, All; Motor Patrol; Lubrication Technician; Manipulators; Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump Cretes Dual Ram; Pump Cretes: Squeeze Cretes-Screw Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip-Form Paver; Straddle Buggies; Tournapull; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over) ; Conveyor, Portable; Forklift Trucks; Highlift Shovels or Front Endloaders under 2-1/4 yd. ; Hoists, Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Rock Drill (Self-Propelled) ; Rock Drill (Truck Mounted) ; Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor; Combination Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators; Hydraulic Power Units (Pile Driving, Extracting, and Drilling) ; Pumps, over 3" (1 to 3 not to exceed a total of 300 ft. ) ; Low Boys; Pumps, Well Points; Welding Machines (2 through 5) ; Winches, 4 Small Electric Drill Winches; Bobcats (up to and including 3/ cu yd. ) . Class 4. Bobcats and/or other Skid Steer Loaders (other than bobcats up to and including 9/ cu yd. ) ; Oilers; and Brick Forklift. Class 5. Assistant Craft Foreman. Class 6. Gradall Class 7. Mechanics. OPERATING ENGINEERS - HIGHWAY CONSTRUCTION Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments) ; Concrete Breaker (Truck Mounted) ; Concrete Conveyor; Concrete Paver over 27E cu. ft. ; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower Cranes of all types: Creter Crane: Crusher, Stone, etc. ; Derricks, All; Derrick Boats; Derricks, Traveling; Dowell Machine with Air Compressor; Dredges; Formless Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with shear attachments; Lubrication Technician; Manipulators; Mucking Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Rock/Track Tamper; Roto Mill Grinder; Slip-Form Paver; Soil Test Drill Rig (Truck Mounted) ; Straddle Buggies; Hydraulic Telescoping Form (Tunnel) ; Tractor Drawn Belt Loader (with attached pusher - two engineers) ; Tractor with Boom; Tractaire with 4 of 6 6/5/2012 2:13 PM Kendall County Prevailing Wage for June 2012 http://www.state.il.us/agency/idol/rates/EVENMO/KENDALL9.htm Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole Drills (Tunnel Shaft) ; Underground Boring and/or Mining Machines 5 ft. in diameter and over tunnel, etc; Underground Boring and/or Mining Machines under 5 ft. in diameter; Wheel Excavator; Widener (APSCO) . Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with attachments) ; Compressor and Throttle Valve; Compressor, Common Receiver (3) ; Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft. ; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type) ; Drills, All; Finishing Machine - Concrete; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments) ; Hydro-Blaster; All Locomotives, Dinky; Off-Road Hauling Units (including articulating) /2 ton capacity or more; Non Self-Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotary Snow Plows; Rototiller, Seaman, etc. , self-propelled; Scoops - Tractor Drawn; Self-Propelled Compactor; Spreader - Chip - Stone, etc. ; Scraper; Scraper - Prime Mover in Tandem (Regardless of Size) : Tank Car Heater; Tractors, Push, Pulling Sheeps Foot, Disc, Compactor, etc. ; Tug Boats. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2) ; Concrete Mixer (Two Bag and Over) ; Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc. ; Fireman on Boilers; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines; Post-Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper-Form-Motor Driven. Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic Power Unit (Pile Driving, Extracting, or Drilling) ; Hydro- Blaster; Light Plants, All (1 through 5) ; Pumps, over 3" (1 to 3 not to exceed a total of 300 ft. ) ; Pumps, Well Points; Tractaire; Welding Machines (2 through 5) ; Winches, 4 Small Electric Drill Winches. Class 5. Bobcats (all) ; Brick Forklifts; Oilers. Class 6. Field Mechanics and Field Welders Class 7. Gradall and machines of like nature. TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION Class 1. Two or three Axle Trucks. A-frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation; Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled Dumpman; and Truck Drivers hauling warning lights, barricades, and portable toilets on the job site. 5 of 6 6/5/2012 2:13 PM Kendall County Prevailing Wage for June 2012 http://www.state.il.us/agency/idol/rates/EVENMO/KENDALL9.htm Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yeards; Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch trucks, 3 axles or more; Mechanic--Truck Welder and Truck Painter. Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self-loading equipment like P.B. and trucks with scoops on the front. TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 217-782-1710 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. 6 of 6 6/5/2012 2:13 PM Exhibit "B" Public Notice Notice of Ordinance No. Prevailing Wage Rates The United City of Yorkville has passed an Ordinance establishing the prevailing rate of wages hereby ascertained to be the same as the prevailing rate of wages for construction work in the Kendall County area as determined by the Department of Labor and the State of Illinois as of June 2012. Anyone wishing to inspect the ordinance may do so at: City Hall, 800 Game Farm Road, Yorkville, Illinois, Monday through Friday, between the hours of 8:00 A.M. and 4:30 P.M. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk `� 13 fry Reviewed By: �� •s► Legal Agenda Item Number Finance ❑ CA#11 EST. -� _ 1838 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number Community Development ❑ j� �� ■ ADM 2012-37 Police LE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Ordinance amending City Code regarding Musical Amusements Meeting and Date: City Council—June 26, 2012 Synopsis: Proposal to eliminate the music entertainment license. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. -�` Yid W3s From: Bart Olson, City Administrator -- � � CC: Date: June 7, 2012 C<wrMY Sad �LE 1�' Subject: Ordinance removing music entertainment licenses Summary An ordinance removing the requirement for concert and performance venues to have a music entertainment license. Background This section of City Code was reviewed as part of the mechanical amusement device license agenda item on video gaming. The section of City code to be deleted is listed in the attached ordinance and says: A. License Required; Exemption: 1. It shall be unlawful for any person or persons to own, conduct, manage for gain or give any concert or other musical entertainment in the city without a license. (RO 1882, Ord., 6-18-1881; amd. Ord. 1975-17, 9-25-1975; 1994 Code) 2. A separate license fee for entertainment events shall not be required by the holder of a valid city liquor license where said liquor license holder has paid the entertainment charge required under subsection 3-3-4132 of this title. (Ord. 1996-1, 1-11-1996) As far as we can ascertain, the City has not issued a music entertainment license nor had an entertainment license fee paid for by an applicant in the past two decades. This serial non- enforcement has not caused any operational issues for the Police nor the Clerk's Office, and we could not come up with a good reason why this requirement should remain in City Code. Recommendation Staff recommends approval of the attached ordinance, which will delete the requirement for music entertainment licensing in City limits. Ordinance No. 2012- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, REGARDING MUSICAL ENTERTAINMENTS 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 Council of the United City of Yorkville has determined that it is in the best interests of the City to amend the regulations pertaining to musical entertainments as set forth in the City Code of the United City of Yorkville as set forth herein. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Section 3-4-1 of the City Code is hereby amended by deleting section 3-4-1 "Musical Entertainments" in its entirety. 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 GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2012. MAYOR 0 CIP Reviewed By: Agenda Item Number J� a► Legal ❑ CA#12 W36 EST. Finance ■ Engineer ❑ Tracking Number Gy City Administrator El r� _© Consultant El ADM 2012-38 Agenda Item Summary Memo Title: Treasurer's Report for May 2012 Meeting and Date: City Council —June 26, 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: UNITED CITY OF YORKVILLE TREASURER'S REPORT-for the period ending MAY 31,2012 Cash Basis %of %of Revenues YTD Expenses YTD May Revenues YTD Revenues Budget Budget May Expenses YTD Expenses Budget Budget General Fund 01 -General 1,261,538 1,261,538 12,311,109 10% 641,300 641,300 11,379,867 6% Special Revenue Funds 15-Motor Fuel Tax 33,063 33,063 454,547 7% - - 573,860 0% 79-Parks and Recreation 182,484 182,484 1,451,447 13% 86,196 86,196 1,506,767 6% 72-Land Cash 7,179 7,179 420,500 2% 450 450 323,825 0% 87-Countryside TIF 234 234 6,500 4% 62,334 62,334 306,043 20% 88-Downtown TIF 3,162 3,162 70,150 5% - - 41,500 0% 11 -Fox Hill SSA 551 551 3,786 15% - - 4,500 0% 12-Sunflower SSA 1,370 1,370 7,531 18% - - 9,986 0% Debt Service Fund 42-Debt Service 54,929 54,929 427,144 13% 1,995 1,995 505,370 0% Capital Funds 16-Municipal Building 1,500 1,500 5,250 29% 300 300 - - 22-Park and Recreation Capital 888 888 43,500 2% 208 208 52,500 0% 20-Police Capital 2,908 2,908 29,200 10% 44,942 44,942 60,000 75% 21 -Public Works Capital 8,949 8,949 53,500 17% 7,858 7,858 169,795 5% 23-City-Wide Capital 40,999 40,999 1,303,732 3% 6,040 6,040 1,040,500 1% Enterprise Funds 51-Water 53,701 53,701 2,801,379 2% 444,414 444,414 3,085,983 14% 52-Sewer 330,025 330,025 1,639,817 20% 33,517 33,517 1,895,210 2% 80-Recreation Center 53,251 53,251 622,500 9% 83,103 83,103 703,633 12% Library Funds 82-Library Operations 113,630 113,630 817,634 14% 58,820 58,820 794,413 7% 83-Library Debt Service 115,070 115,070 797,299 14% - - 795,488 0% 84-Library Capital 2,500 2,500 16,350 15% - - 13,474 0% Total Funds 2,267,934 2,267,934 23,282,875 10% 1,471,477 1,471,477 23,262,714 6% 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� 6 Legal ❑ Minutes #1 EST. 1&36 Finance El Engineer ❑ Tracking Number Gy City Administrator El r� �! �© Consultant El CC 2012-44 Agenda Item Summary Memo Title: Minutes of the City Council—April 24, 2012 Meeting and Date: City Council 6/28/12 Synopsis: Approval of minutes. Council Action Previously Taken: Date of Action: CC 5/22/12 Action Taken: Tabled Item Number: CC 2012-44 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,APRIL 24,2012 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. Mayor Golinski had a moment of silence in remembrance of Eric Lederman from Oswego that passed away from a tragic baseball accident. ROLL CALL City Clerk Warren called the roll. Ward I Gilson Present Colosimo Present Ward 1I Milschewski Present Kot Present Ward III Munns Present(Arrived at 7:01) Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren, City Treasurer Powell, City Attorney James Binninger, 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 Mayor Golinski requested that Plan Commission(PC 2012-02)be moved to after public comments. Alderman Milschewski requested that Item#3 on the consent agenda, (PW 2012-26),be moved to the regular agenda under Public Works. Amendment approved unanimously by a viva voce vote. PRESENTATIONS Certificate of Recognition Presented to Eagle Scout Samuel Fellerer Mayor Golinski presented a certificate of recognition to Eagle Scout, Samuel Feller. Certificate of Recognition Presented to the Cross Lutheran Basketball Team Mayor Golinski presented a certificate of recognition to the Cross Lutheran basketball team. Proclamation for Poppy Days Mayor Golinski read a proclamation for Poppy Days. PUBLIC HEARINGS Electric Aggregation Plan Jody Lewis, a representative from NIMEC, said the vote on March 20,2012, gave the City the power to aggregate the electric supply. Yorkville will have two public hearings. The purpose is to lower the citizen's individual Com Ed bill. Yorkville will get power from Com Ed. If a citizen chooses not to take part they will be given two opportunities to opt out. She explained the term electrical aggregation. CITIZEN COMMENTS Fred DuSell,Rivers Edge,is opposed to the special use application from D Construction in regard to Evergreen Farms.He believes the application is flawed and notes differences in opinion regarding the application between the applicant's representatives including the engineer,project manager, and attorney. It is normally common practice to use adjacent properties for such use. He believes trucking through a residential neighborhood would be disruptive and detrimental to the community. He believes it is the duty of the local government to protect its citizens and provide for their safety. Jesse Alaniz, Colonial Parkway,read a brief from the Bloomberg report that states Illinois is almost nine billion dollars behind in payments to its creditors. He provided this information for the benefit of the community when considering projects to be reimbursed by the State of Illinois. The Minutes of the Regular Meeting of the City Council—April 24,2012—Page 2 of 7 Ron Morris,Fox Road,would like to recommend a work zone speed limit of 20 MPH on Fox Road. He recommends this speed limit be strictly enforced. He recommends obtaining a photo speed enforcement camera. He would like all trucks to be either covered or watered down to limit dust. He feels the company doing the hauling for this project should be responsible for the road damage caused by the trucks. The company should not just patch but completely rebuild the road. He requests a study of both present drainage at the site and the impact of the fill upon future drainage. He believes the company should be responsible for any necessary changes if needed. Greg Firrantello,Rivers Edge, questioned why it was never considered to lease a farm adjacent to Route 47 for a three year period as opposed to purchasing a property before receiving a permit for their intended use. He also wonders why the construction company for the project is required to secure the fill site instead of IDOT. Judy Gilmore,Fox Glen Drive, asked the Council to deny the special use permit to D Construction for dumping road materials on the Evergreen Farm property. She feels the location is simply the wrong location. Fox Road is a quiet residential street and is a narrow two lane road. It currently experiences extra traffic. Fox Road has had flooding issues in the past. On March 14, 2012,the Plan Commission held a public hearing and denied the request because it did not meet the standards of public health, safety, general welfare,traffic congestion, and drainage. During the public hearing,there was conflicting information given from the lawyers and engineer from D Construction. Different representatives were inconsistent with their projected amount of truck traffic Fox Road would experience. In addition,D Construction has given multiple possible uses for the property at the termination of the project. She believes the representatives of D Construction have not been forthright in their testimony concerning the amount of truck traffic, future use,drainage, and the general welfare of the community. She urges the Council to vote against the application. PLAN COMMISSION D Construction Spoil/Fill Site(Evergreen Farms Estate) Special Use Request (PC 2012-02) Pete Hvinker,HR Green, spoke on the D Construction for the Evergreen Farms Estate special use request for the R2 zoning districts. In 2006,this property was approved as R2 zone, 77 single family unit lots. At the same time,Aspen Ridge and Silver Fox,were zoned and annexed. Between the two there were 390 total units. During that process the annexation and zoning was reviewed by the staff,Plan Commission, and City Council. This review was regarding traffic, appropriate uses, drainage and other issues as part of that process.Now,the City has three proposed subdivisions. There is no evidence in sight that the City is going to have any of these developed as residential subdivisions in the near future. This property is based off the zoning. They have the right to develop based on the allowed zoning,which is based on the annexation agreement. He explained how a subdivision is built making citizens aware of the activities that go on in a subdivision. What they are asking to do is consistent to what zoning allows. Due to the zoning ordinance in Yorkville,no fill is allowed anywhere unless it is part of the R2 or Rl zoning but only as a special use. D Construction is the contractor doing the work on Route 47, and they are the owner of this property. A maximum of sixty thousand cubic yards will be brought to this site. The clean material is going to be reviewed and approved by a certified soil reviewer. That is required as part of this project. As part of the project,that material has to be placed on trucks and hauled off. They are proposing to take the trucks and have them deliver the material here on the site. This site is not creating the truck traffic. The big retaining wall along Route 47 next to the county building will be taken away, and all that material behind that has to be hauled off. It is right next to Fox Road, and so they thought this would be a great location for that material. D Construction understands that there were many concerns from the Plan Commission.Now they have new information. There was information that was completed in 2006 and 2007 that City consultants put in reports. Hopefully,D Construction has the answers to those questions based off the information from those reports. Fox Road is a county highway and a portion of Fox Road is a City road. Right now it does allow truck traffic. Trucks are currently going down Fox Road. Originally, there were 77 single family units for this site. Based on generally accepted engineering practices,there are about nine and a half car trips per day from each house. In 2006 the proposal was for 730 vehicles per day. D Construction is proposing a maximum of 60 truck loads per day with an average of 25 truck loads per day. That is about 2 loaded trucks per hour on average. Mr. Hvinker stated the citizens need to understand the process in loading these trucks.Route 47 is going to be open for traffic while they are constructing the improvements. It is a very tedious process. Currently there are 4,500 vehicles a day going down Fox Road. D Construction is proposing two access driveways. There is adequate site distance for the access points off of Fox Road. Many citizens are concerned about the drainage of this area.Just to the East of Fox Glen there is a separate water shed.No fills are being proposed anywhere in this area. The entire fill that would be proposed would be consistent with all the existing drainage patterns. There are engineers that prepare this information,and D Construction had the staff review the information to make sure there are no blockages. This site would be a controlled site, so there will be erosion control measures required as part of this project. Also,there is the storm water pollution protection plan,which is reviewed by the Illinois EPA. There are many agencies to make sure that D Construction is providing adequate sedimentation control. The drainage report states the two structures within this drainage area were deemed acceptable. If material is spread evenly over all 47 acres,then that would be less than one foot of The Minutes of the Regular Meeting of the City Council—April 24,2012—Page 3 of 7 fill. Once this property is finished with its use,which would be 2 years after the first truck load is delivered, it would return to farm land. D Construction is willing to provide the City and county documentation of the existing roadway conditions before and after the improvements,providing a baseline of the roadways. Federal emergency management agency has not called out any flood plain within this site. They would follow any of the erosion control ordinances and requirements with the City, as well as state requirements. In addition to that,the petitioner would be willing to have additional restrictions or special conditions attached, if allowed. It would restrict clean fill from the Route 47 improvements only. Gary Davidson,Brumund,Jacobs,Hammel,Davidson&Andreano,LLC, is the petitioner's attorney. It is a permitted use as long as D Construction meets that criterion. They cannot move a grain of dirt onto this site unless they follow the site development process in the City of Yorkville. Many of these issues raised by the citizens,though legitimate,were premature. The site development permit process is when City staff and City professional representatives and engineers review any development coming in. In this case,moving clean dirt from one area of Yorkville and relocating it to another area of Yorkville. He believes the process should be open, so all the information can be reviewed before making the decision. He believes that a special use is in fact a permitted use as long as criteria are met. The site development permit process governs all of these other concerns. Right now,the City of Yorkville has the opportunity to have a meaningful discussion to arrive at a decision that is in the best interest of all parties. This insures that public interest is served by expanding Route 47.He asks that the Council approves this with conditions. Tom Gilmour, county resident,believes the special use request is a bad thing for Yorkville. There is no protection for homeowners. The Plan Commission denied this request for a special use permit because it found that it did not meet the standards for special use. His concerns were the dump trucks, constant noise,unknown hours of site operation, and no protection from home owners for possible soil,and ground water contamination from fill material. This on site grading and hauling operation will turn their neighborhood into a dust bowl with constant noise and heavy machinery.All of which will be a disruption of the property,property owners and immediate vicinity. This will diminish property values. This is an industrial project in a residential neighborhood. There are drainage issues and he believes D Construction grading plans do not provide adequate draining for this project. This is a dangerous area for trucks to go into and out of. This property was annexed and zoned R2 six years ago. This annexation agreement allows for stockpiling of materials and only in conjunction with developing the property as a residential development. They have no plans to develop this as a residential site and want to use it as a dump site for excess road material. There was discussion of how many cubic yards of fill would be coming in. There is not a clear definition of where these materials are coming from. He talked about City insurance protection, and gave a recommendation of where to put the fill material.Mayor Golinski brought up two pieces of information that they are claiming are new information. This new information was never within the scope of the FOIA request. The Citizens can make up their own minds. This storm water management plan and the traffic plan were not inadvertently left out by Yorkville's staff. Alderman Munns asked if this gets voted down,what is the backup plan. He was told there is not a backup plan. Alderman Kot was confused on the number of trucks. He asked why this number keeps changing. David Schultz HR Green,Inc. said what was stated in the Plan Commission meeting and public hearing was a range of 20 to 25 trucks per day but was adjusted up to as many as 100 trucks per day. This discrepancy was due to the fact that all of the necessary operations had not been determined and needed to be adjusted. HR Green,Inc. now feels that 60 trucks per day is the new estimate. When Dave Schultz from HR Green,Inc.was asked by Alderman Kot if that estimate would be adjusted again, he answered no.Alderman Gilson posed several questions to Gary Davidson, Brumund,Jacobs, Hammel,Davidson& Andreano,LLC concerning the impact special use permit will have on the surrounding areas,public health and safety. Alderman Gilson asked if any additional storm sewers were planned. David Schultz HR Green, Inc. replied there is no plan for the addition of storm sewers just addition of fill and grading. Alderman Gilson refers to the inclusion of the 2005 traffic study and how it applies to the City of Yorkville in 2012. David Schultz HR Green,Inc. said because the site does not include the addition of any residents,the traffic impact is unchanged. Gary Davidson,Brumund,Jacobs, Hammel,Davidson& Andreano,LLC remarked that such information was not provided because the plot developing plan is still in the preliminary stage. He added that the only certified impact studies completed on the site were done by HR Green, Inc. In conclusion,Alderman Gilson does not believe D Construction has met the criteria necessary and will be voting against the permit.Alderman Colosimo feels that a lot of the issues being raised are off track, and he does not feel the traffic is an issue. He would like clarification on some other issues including what is the process for determining what is"clean fill"and the procedure before dumping. Jeanette Virgilio from ENMARC and Associates,who was hired by IDOT as a consulting firm to oversee the project, spoke. Based on site history all sections of the proposed project are evaluated for the potential of contamination. These areas will have borings taken to determine the boundaries of contaminated areas.Areas determined to be contaminated will require removal to a special waste landfill facility.Non-impacted areas are determined clean fill and can be moved to the designated site.Alderman Colosimo questioned if the areas determined to be non-impacted would be tested.Alderman Colosimo wanted to know if all of the soil from each truck load would be tested. Jeanette Virgilio from ENMARC and Associates stated no. It is impractical to test every inch of a proposed site and the clean fill protocol established by IDOT and the EPA takes into account the placement of clean fill placement within The Minutes of the Regular Meeting of the City Council—April 24,2012—Page 4 of 7 residential areas. Alderman Colosimo raises concern over the drainage issue for the special permit site. He does not feel the drainage and potential flooding from the addition of fill to the proposed site has been adequately addressed. Alderman Spears shares concerns over the public safety and health issues concerning the fill site. Also, she questions whether the state can adequately oversee the potential for contamination pertaining to this project given reductions within the state agencies. Given these facts, Alderman Spears will be voting against this request. Alderman Kot's main concern is the truck traffic on Fox Road. He will vote to reject this request. Alderman Funkhouser stated the City approved the use before they approved the plan which is problematic. The Council is being asked to approve just a use before the Council has the details. When the Plan Commissioners reviewed it,they had many questions. They chose to go ahead and make a vote,but could have tabled it. More information was provided after the fact.At the second Plan Commission,Alderman Funkhouser had an issue with the chairman not allowing the commissioners to voice their opinion in the second vote. It may not have changed the outcome,but the commissioners should have been able to voice their opinion. Alderman Funkhouser is not necessarily for this,but believes there has not been enough information given to make a decision. He is not prepared to vote at this point and recommends that this issue is tabled for further discussion. Alderman Funkhouser made a motion to table the D Construction Spoil/Fill Site Special Use Request to the next City Council meeting; seconded by Alderman Teeling Motion failed by a roll call vote. Ayes-2 Nays-6 Colosimo-nay,Funkhouser-aye,Milschewski-nay, Teeling-aye, Gilson-nay,Kot-nay,Munns-nay, Spears-nay Alderman Teeling received an e-mail stating this is against the City's ordinance. Community Development Director Barksdale-Noble stated it is not against the City's ordinance. It identifies special use. At some point when the City adopted the zoning ordinance for Rl and R2,the City felt this was an appropriate use but would require special conditions to allow it. Community Development Director Barksdale-Noble stated to say this is not permitted in our ordinance is incorrect. Alderman Teeling asked if this passes and a fill is put on this site,what is the procedure for the drainage. How does it work? Community Development Director Barksdale-Noble stated D Construction would submit a grading plan which would be reviewed by staff, City engineer, and herself. The plan can be revised if needed.Then the City will do an approval of the site plan.Alderman Teeling stated if this site isn't approved and a different site is picked, the road would be protected up to how much for the bond. Community Development Director Barksdale-Noble stated the City hasn't set a limit on that bond because it would be dependent upon what the approval of the soil and traffic study turns out to be. That was going to be done as a percentage of what the City felt the damage would be to the road. That is voluntary. Alderman Teeling stated if this doesn't pass and D Construction finds an alternate site,they can use any of the City's roads within the weight limit. Community Development Director Barksdale-Noble stated they can use any public roads. Alderman Spears wanted to call the question.Mayor Golinski stated the Council has several options. There is no ordinance in the packet. The City Attorney and staff need direction. There are four options for the Council to consider. 1. Direct the City Attorney to draft an ordinance denying the special use request. 2. Direct the City Attorney to direct an ordinance approving the special use request as presented. 3. Direct the City Attorney and staff to grant an ordinance approving the special use request with all staff s recommendations. 4. Send it back to Plan Commission to conduct a new public hearing. That is the consensus that the Council needs first. This needs a super majority to pass. Since four alderman have stated that they are voting no, so he is assuming that consensus is to direct the City Attorney to draft an ordinance denying the special use request. Alderman Spears made a motion to direct the City Attorney to draft an ordinance denying the special use request; seconded by Alderman Kot. 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 Mayor Golinski stated the ordinance will be on the agenda and voted on at the next City Council meeting. CONSENT AGENDA 1. Bills for Payment-$866,313.19 (CC 2012-32) 2. Preliminary Engineering Services Agreement with HR Green, Inc. for Somonauk Street and Game Farm Road Construction—authorize Mayor and City Clerk to execute (PW 2012-25) 3. Monthly Treasurer's Reports for February and March 2012 (ADM 2012-16) 4. Resolution 2012-09 Approving a Revised Capital Asset Policy—authorize Mayor and City Clerk to execute (ADM 2012-20) 5. First Amendment to the Contract for Garbage, Refuse,Recyclables&Yard Waste Collection between the United City of Yorkville and Veolia ES Solid Waste Midwest,LLC— The Minutes of the Regular Meeting of the City Council—April 24,2012—Page 5 of 7 authorize Mayor to execute(ADM 2012-21) 6. Resolution 2012-10 Authorizing the Transfer of Motor Fuel Tax Funds to a New Account with the Illinois Metropolitan Investment Fund(IMET)—authorize Mayor and City Clerk to execute (ADM 2012-22) 7. Resolution 2012-11 Approving a Revised Fund Balance Policy—authorize Mayor and City Clerk to execute (ADM 2012-23) 8. Copier RFP Vendor Selection—award contract for City copier equipment to McGrath Office Equipment for a term of 36-months (ADM 2012-24) Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman Munns; seconded by Alderman Milschewski. 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—March 27,2012 (CC 2012-33) 2. Minutes of the City Council—April 10, 2012 (CC 2012-34) Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting for March 27,2012 and April 10,2012 as presented. So moved by Alderman Colosimo; seconded by Alderman Milschewski. Alderman Milschewski had a correction for March 27,2012 on page 3; Ward III needs to be Ward 11. Alderman Gilson had one correction. City Clerk Warren checked tape and for clarity purposes, quoted him directly. Alderman Gilson had several additions to the April 10,2012 City Council meeting. Alderman Milschewski made a motion to table the minutes back to the next City Council meeting; seconded by Alderman Kot. Table approved unanimously by a viva voce vote. REPORTS MAYOR'S REPORT Ordinance Approving the Second Intergovernmental Agreement for Replacement of the River Road Bridge over Blackberry Creek (CC 2012-35) Mayor Golinski entertained a motion to repeal the motion of March 13,2012, approving a second intergovernmental agreement for the replacement of the River Road Bridge over Blackberry Creek, Yorkville, Illinois, and in its stead,approve the revised second intergovernmental agreement as presented to this meeting along with an ordinance approving the second intergovernmental agreement for the replacement of the River Road Bridge over Blackberry Creek,Yorkville,Illinois and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Spears. Alderman Gilson asked if the City Attorney can detail the added five pages and what they were in terms of content. He has a hard time voting without seeing the pages. City Administrator Olson stated there were no changes in structure or content. Mayor Golinski asked if there was a time frame on this and there was not. Mayor Golinski suggested the City Council bring it back in two weeks and compare them. City Administrator Olson stated he won't be able to do an actual redline.He will give the Council both the documents to review side by side. Alderman Gilson made a motion to table ordinance approving a second intergovernmental agreement for the replacement of River Road Bridge back to City Council in two weeks; seconded by Alderman Colosimo. 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 PUBLIC WORKS COMMITTEE REPORT Preliminary Engineering Services Agreement with Engineering Enterprises,Inc.for Safe Routes to School Sidewalk Grant (PW 2012-26) Mayor Golinski entertained a motion to approve a preliminary engineering services agreement with Engineering Enterprises,Inc. for safe routes to school sidewalk grant and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Teeling. The Minutes of the Regular Meeting of the City Council—April 24,2012—Page 6 of 7 Alderman Milschewski understands they changed the plan due to funding. They took the sidewalk out from in front of Circle Center Grade School. The City doesn't know for sure that more money can be added for sidewalks. EEI Engineer Sanderson stated it is their intention to try to get that back in. There is a limited budget and if added back in it is going to take money from somewhere else. There is $280,000 wich will be maximized when possible. If it is a strong consensus that the Council wants to add that back in on Mill Street then the City will push in that direction. Alderman Milschewski lives in that neighborhood and works at that school. She sees the children walking and is concerned. She is all for the sidewalks. It is bothering her that it defeats the whole purpose of the safe routes to school. City Administrator Olson stated the engineering agreement is what the Council would be approving. Mayor Golinski asked since this is just the engineering agreement then before it moves forward it will come in front of the Council again, as far as what sidewalks are getting done. City Administrator Olson stated that the next process after the engineering agreement would require a survey before the end of the school year of the existing students and then the preliminary plan soon thereafter. The preliminary plan would be the appropriate time for the Council to receive an update.Alderman Milschewski wanted to know that if this is approved tonight that the Council is not locked in. Alderman Kot stated as the City gets closer to a final decision on sidewalks it is extremely important that the City has an informational hearing for residents. Many of the sidewalks would be located in an area where they have never had them. It will be a big adjustment for our residents. They need to know upfront that this is going to happen.At some point the City needs to do this sooner rather than later. Mayor Golinski stated that is correct. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye, Kot-aye,Munns-aye, Spears-aye, Colosimo-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD No report. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT Procedural Ordinance 2012-09 Amendment—Summer Meeting Schedule (CC 2012-36) Mayor Golinski entertained a motion to approve an ordinance regarding City Council procedures and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Munns. Alderman Funkhouser stated this would be the summer schedule for June,July, and August. This would change the structure from the standard committee structure to a committee as a whole structure. City Administrator Olson stated the staff prefers this for they would have more time to consolidate packets and longer to do their standard jobs. Alderman Funkhouser believes that overall committee as a whole is a time saving stream line process,and would reduce minute takers for the summer. If it works,he would propose that the Council moves to this permanently.Alderman Colosimo is against making this change. Aldermen got elected to do this job thoroughly. He doesn't believe that committee as a whole allows enough time for the City's four committees to meet in one night and discuss the issues properly.He understands it would cut back on staff time and that it would save money with minute takers. There is a balance between efficiency and doing the job the right way. In feels Council members would feel rushed. He would never support committee as a whole. Alderman Spears stated the meetings would definitely be longer. The result is that Council members rush through the last agenda. The City had a hard time retaining minute takers. She cannot support this.Alderman Munns stated the City's committee structure allows four aldermen to be able to put items on the City Council agenda. He was in favor of making committees like real committees and if it doesn't come out of committee then nobody can put it on the agenda. He is for trying the committee as a whole structure for the summer. Alderman Kot doesn't mind trying it,but agrees that meetings have been very lengthy in the past. He feels this can work. Alderman Gilson doesn't mind extended meetings,but agrees with Alderman Colosimo that the Council will not have the quality review with this committee as a whole. He believes the Council will be shortening themselves on reviewing the details. He opposes this proposal. Alderman Teeling believes this would be good to try. Alderman Milschewski is torn but is open to new things. She is concerned about the length of the meeting and concerned about retaining the minute takers for the future. Alderman Colosimo believes there is a fundamental fault in the concept that is being presented. He believes this would be doing the The Minutes of the Regular Meeting of the City Council—April 24,2012—Page 7 of 7 citizens a disservice. Alderman Funkhouser disagrees with Alderman Colosimo that the City can't do committee of a whole effectively. Yorkville is a relatively small community and there are much larger communities that do committee as a whole effectively and concisely. There is no reason a single committee should run four hours. That is unproductive. Meetings should be concise and be able to inform all Council members at the same time. It has been proven and it does work. Alderman Funkhouser called the question.Alderman Munns seconded. Motion approved by a roll call vote. Ayes-4 Nays-3 Present-1 Funkhouser-aye,Milschewski-present,Teeling-aye, Gilson-nay, Kot-aye,Munns-aye, Spears-nay, Colosimo-nay Mayor Golinski stated roll call vote on the summer schedule. Motion approved by a roll call vote. Ayes-4 Nays-3 Present-1 Kot-aye,Munns-aye, Spears-nay, Colosimo-nay, Funkhouser-aye,Milschewski-present, Teeling-aye, Gilson-nay CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT YMCA and Rec Center Alderman Gilson met with a YMCA board member and proposed there be discussion between the City and the YMCA.An e-mail from Brian Weiss, one of the 28 YMCA board members,was read. Mr. Weiss would like the City of Yorkville to look into using the YMCA as another option instead of buying the Rec Center. Alderman Gilson's intent in reading this is for the Council to have open discussion regarding this option. He would like find out what the City's intent is to initiate discussions and to meet with the YMCA. Mayor Golinski said the City has already talked with the YMCA's leadership. The YMCA leadership was at the Rec Center meeting. In response to this e-mail the City has a meeting set up this coming Thursday with the leadership. The YMCA has 28 board members who all have different ideas. The City will meet with the leadership once again. Alderman Gilson's understanding is that as a board they do want to have open discussion. Mayor Golinski stated that wasn't their position the last time the City discussed this. Alderman Gilson believes the Council owes it to Yorkville's residents to have open discussions to hear about a third option. Mayor Golinski agrees and that is why they have had meetings. Preserve Funding For Critical Senior Services In Illinois Alderman Spears reported on preserve funding for critical senior services in Illinois. (See attached.) STAFF REPORT Community Development Director Barksdale-Noble updated the City Council on the build program. ADDITIONAL BUSINESS Home Rule Mayor Golinski is hoping to have at least four educational meetings over the course of the summer to inform residents about the benefits of home rule. He hopes to convince the residents that this is a good thing for Yorkville.He would like home rule to be on the November ballot. EXECUTIVE SESSION None. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Milschewski; seconded by Alderman Gilson. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:28 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois 0 CIP Reviewed By: Agenda Item Number J� 6 Legal ❑ Minutes #2 EST. 1&36 Finance El Engineer ❑ Tracking Number Gy City Administrator El r� �! �© Consultant El CC 2012-47 Agenda Item Summary Memo Title: Minutes of the City Council—May 22, 2012 Meeting and Date: City Council 6/26/12 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,MAY 22,2012 Mayor Pro Tem Colosimo 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 1I Milschewski Absent Kot Present Ward III Munns Present(Arrived at 7:30) 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, and Director of Park and Recreation Schraw QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS Certificate of Recognition Presented to the Yorkville High School Wind Ensemble Mayor Pro Tem Colosimo presented a certificate of recognition from Mayor Golinski for the Yorkville High School Wind Ensemble. The Yorkville High School Wind Ensemble earned top honors in their class and were named an honor band at the Super State Concert Band Festival. The director of the wind ensemble discussed the preparation for the festival and the requirements of being accepted into the festival. PUBLIC HEARINGS None. CITIZEN COMMENTS Todd Milliron, Cotswold Drive, discussed the televised City Council meetings. The audio is very hard to understand.He encourages the Council to look into this issue. Lynn Dubajic,Executive Director of the Y.E.D.C.,updated the Council on Push for the Path.Fundraisers have raised almost$1,600. Push for the Path has had 67 organizations that have signed up to the power of one. The grand total that has been collected so far has been$39,932. The first two years of Push for the Path's commitment to the City is completely covered. They are staying the course for their 100 power of one teams and raising$100,000 by July 5, 2012. She encouraged the community to visit the Push for the Path website and thanked the community for their enthusiasm. Jesse Alaniz, Colonial Parkway, discussed electrical aggregation. He learned through the media that the City was going to have this vote again. He believes it is fraudulent for citizens to have to opt out of a service they do not want. Politicians have gotten involved in this situation. He has a list of republicans and democrats who have gotten campaign contributions from one of the utilities. The average salary today of the average American is$26,364. The top politician receiving contributions in Illinois is Senator Tom Cross. He has received$21,000 in campaign contributions from a utility company. He discussed smart meters and how these meters work. He is concerned that smart meters are going to be forced upon him. He discussed how the electric company charges a higher price for certain hours of the day. This is not fair to people working a second shift. CONSENT AGENDA 1. Bills for Payment-$790,822.54 (CC 2012-43) 2. Water Department Reports for February,March&April 2012 (PW 2012-28) 3. Kendall Marketplace Improvements—Payment to Wilkinson Excavating—approve The Minutes of the Regular Meeting of the City Council—May 22, 2012—Page 2 of 5 payment in the amount of$34,495.06 to Wilkinson Excavating, Inc. (PW 2012-29) 4. Monthly Treasurer's Report for April 2012(ADM 2012-26) Mayor Pro Tern Colosimo entertained a motion to approve the consent agenda as presented. So moved by Alderman Spears; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-6 Nays-0 Colosimo-aye, Spears-aye,Funkhouser-aye, Gilson-aye, Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. Minutes of the City Council—April 24,2012 (CC 2012-44) 2. Minutes of the City Council—May 8, 2012 (CC 2012-45) Mayor Pro Tern Colosimo entertained a motion to approve the minutes of the regular City Council for April 24, 2012 and May 08,2012 as presented. So moved by Alderman Kot; seconded by Alderman Gilson. Alderman Funkhouser had a correction on the May 08,2012 minutes under the electric aggregation plan public hearing. He wanted it added that the vote was against Yorkville's procedural ordinance. Alderman Colosimo had a correction on the April 24,2012 minutes. On the bottom of page 3 he wanted it clarified that ENMARC will not be testing every truck load of soil. Alderman Teeling had wanted City Clerk Warren to check the tape to see if she said the road wouldn't be protected on page 4 of the April 24, 2012 minutes. Mayor Pro Tern Colosimo made a motion to table April 24, 2012 to the next City Council meeting. So moved by Alderman Spears; seconded by Alderman Teeling. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye, Funkhouser-aye, Gilson-aye, Teeling-aye, Kot-aye, Colosimo-aye Mayor Pro Tern Colosimo entertained a motion to approve the minutes of the May 08,2012 City Council minutes as amended. So moved by Alderman Funkhouser; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-5 Nays-0 Present- 1 Spears-aye, Funkhouser-aye, Teeling-aye, Gilson-present,Kot-aye, Colosimo-aye REPORTS MAYOR'S REPORT Resolution 2012-12 Supporting Application/Inclusion in Illinois Transportation Enhancement Program (CC 2012-40) Mayor Pro Tem Colosimo entertained a motion to approve a resolution supporting application/inclusion in Illinois transportation enhancement program(ITEP) and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Funkhouser. Alderman Kot and Director of Park and Recreation Schraw discussed the selection of these three options. A selection has to be made before moving ahead. If the Council goes through with this,the City can opt out at a later date. Lighting was discussed,and it is not required by IDOT. If lighting is done it cannot be just pedestrian lights. It has to be overhead lighting as well. There were some lights that were in the plan when the construction started but now have been taken out. These lights will not be replaced, so in those areas the City will have reduced lighting. Alderman Gilson had several questions. First,he wanted to know if the City goes forward with the proposal can it be slimmed down. He also asked if the City is granted this,when is the City's share of the money due. Has this money been accounted for? City Administrator Olson stated the money has not been accounted for. It takes about a year to find out if the City received the ITEP grant for the Kennedy Road bike path. Then if accepted the City will take about a year and a half to discuss whether or not the City will accept the grant. The City is looking at about a two year process if the City receives the grant. With all grants the City is allowed to change the scope of services to a limited degree. If an entire category is going to be eliminated, it needs to be done now rather than after the grant. Alderman Gilson asked when this is due to the state for a decision and the answer was May 29, 2012.Alderman Funkhouser discussed reducing street lights at the intersections. He wanted to know if the staff reviewed this to see if there would be a potential savings to the City for the removal of those lights. Public Works Director Dhuse stated this will depend on what IDOT deems as its standard. By submitting it,the City is going to have to The Minutes of the Regular Meeting of the City Council—May 22, 2012—Page 3 of 5 work with them to find out.Alderman Funkhouser stated if the City can reduce two lights from each intersection,where there were four lights that would be significant. EEI Engineer Sanderson stated IDOT has signed off on the writing.Part of the design was formed as part of the Route 47 improvements. IDOT finally signed off on the lighting plan. The plan that was approved is shown in the application. To vary from that would be very difficult. There are strict lighting standards that need to be followed.Alderman Funkhouser stated in terms of slimming things down it is not going to come in the line items of the actual lighting. EEI Engineer Sanderson stated the City wouldn't be able to reduced lighting and in certain areas the City would have to shorten the project. City Administrator Olson stated every location the City has on that lighting plan is going to have an install base as part of the IDOT contract.The base and the conduit will be there. Alderman Kot asked if the City were to pull all the aesthetics out of the project,would the City still move ahead with the 50150 or does that negate the whole application?City Administrator Olson's opinion is it significantly degrades the quality of the application.Many of the aesthetics can be used by the downtown TIF and won't necessarily come out of the general fund. Alderman Kot stated that street lighting is a top priority. He stated that all the decorative lights that the City has now are not meeting IDOT's standards. Is there any chance that could change and the City could use those lights again. City Administrator Olson stated some of those lights from downtown have been designated for the City's parks.Alderman Teeling reiterated that downtown TIF funds can be used. She asked City Administrator Olson how much the lights would cost if the City paid for them on its own. The answer was around$100,000 for the total project. Alderman Gilson is torn on this issue.He believes lighting is a necessity,but he doesn't like all the extras and the dollars tied to those. He is going to vote against this now,but when the application is to be granted,if the money is not available,he will vote against it. Alderman Spears stated it would have been beneficial if the Council had received a copy of the grant application.Alderman Colosimo stated he is going to be voting yes. He believes this is a public safety issue. The City must add the lights whether the City applies for the grant or not. There has to be a certain amount of lighting on Route 47. The Aldermen were in agreement to move forward with option three which is doing both the north and south. Motion approved by a roll call vote. Ayes-7 Nays-0 Gilson-aye,Kot-aye,Munns-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Teeling-aye Ordinance 2012-12 Authorizing Aggregation of Electrical Load and Adopting an Electric Aggregation Plan of Operation and Governance (CC 2012-39) Mayor Pro Tem Colosimo entertained a motion to reconsider an ordinance authorizing aggregation of electrical load and adopting an electric aggregation plan of operation and governance. So moved by Alderman Spears; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-5 Nays-2 Kot-aye,Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-nay, Teeling-nay, Gilson-aye Mayor Pro Tem Colosimo entertained a motion to approve an ordinance authorizing aggregation of electrical load and adopting an electric aggregation plan of operation and governance and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Spears. Alderman Colosimo received numerous phone calls from his residents of Ward I asking him to reconsider his vote. He voted no the first time. His residents made it very clear that they wanted electrical aggregation. He will be changing his vote to yes.Alderman Spears stated she is the one that brought this topic back onto the agenda. She has received many resident e-mails and phone calls indicating that they were in favor of electrical aggregation, and they did vote to support this. In order to do what the Ward W residents have asked her to do, she placed this back on the agenda for reconsideration. If this is approved, the City would take the next step and be ready to bid. The City can take many precautions. Alderman Spears stated that the Citizens Utility Board is in favor of this. She doesn't believe that the City should ever accept the smart meters in any of the City's contract. There is so much controversy with them. She would hope that the staff would not consider any proposal that is requiring smart meters. City Administrator Olson clarified that there is absolutely no involvement with smart meters in this particular proposal. He does know that Com Ed is planning on rolling out smart meters all over the metropolitan region, including Yorkville. He is not sure that Yorkville has a choice in the matter,but he will keep the Council updated. Alderman Funkhouser stated that when this issue came up,he was not in favor of it. He feels that this is one more situation of government controlling residents. The few calls he has received have not been in support of the electrical aggregation. This Council does not have control of what future councils do. These contracts can be renewed continually throughout time. He is still not in favor of this. He will be voting no.Alderman Gilson stated he is also opposed to the smart meters. He supported electrical aggregation from day one. From the time the Council denied this,he has received dozens of e- mails stating it needs to be reconsidered. He feels this will present significant savings to the City's residents. He supports this and hopes this Council will,too. Alderman Kot continues to support this, and The Minutes of the Regular Meeting of the City Council—May 22, 2012—Page 4 of 5 feels it is a money saver for the residents of Yorkville.Alderman Teeling received many e-mails from residents that were upset that the City denied this. She originally voted no for the electrical aggregation, but after receiving the many e-mails,letters, and phone calls, she will be voting yes. Alderman Gilson just wanted to make sure that the citizens are well aware of what is going on with this aggregation. He wanted the Council to be proactive in making sure the citizens know that there is an opt out before and after this occurs. Motion approved by a roll call vote. Ayes-6 Nays-1 Munns-aye Spears-aye, Colosimo-aye, Funkhouser-nay, Teeling-aye, Gilson-aye,Kot-aye, PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD No report. PLAN COMMISSION No report. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT YBSD Alderman Gilson reported on the YBSD meeting held on May 14,2012. He discussed the motions that were approved and the details of those motions. Several other issues regarding permits, special waste, reports,new business, and the Fox River's storm water systems were discussed. E-Mail From Lisa Peterson Alderman Gilson read part of an e-mail which was given to him by one of his constituents,Lisa Peterson. After this was read,there was discussion among Aldermen as to how e-mail should be recorded. Should the persons sending the e-mail have their name entered in the record?Also,how resident's concerns should be addressed. Agency On Aging Alderman Spears reported on the Agency on Aging of Northeastern Illinois. (See attached.) Fox Valley Cable And Telecommunications Alderman Spears reported on the Fox Valley Cable and Telecommunications Executive Board. (See attached.) School Board's Monthly Meeting Alderman Funkhouser reported on the school board's monthly meeting. Student recognitions were given at the meeting. The school board discussed the selection of an architect for the expansion project. Aurora Area Convention and Visitors Bureau Alderman Funkhouser attended the Aurora Area Convention and Visitors Bureau. They held an event for 25 years of service and development and commemorating its establishment through the Greater Aurora The Minutes of the Regular Meeting of the City Council—May 22, 2012—Page 5 of 5 Chamber of Commerce in May, 1987. Alderman Funkhouser read a proclamation of appreciation. (See attached.) STAFF REPORT ABC 7 Chicago City Administrator Olson stated ABC 7 Chicago was in downtown Yorkville. They interviewed City Administrator Olson, and the Geneva Kayak owner,Ryan Rushton for the 190 North that will air on June 3,2012. June Events Director of Park and Recreation Schraw listed the following events that were occurring in the month of June 2012. On June 02,the Walter Peyton Sweetness Run,June 08,Yorkville's Music and Wine Night featuring the band,Trio, in Town Square Park,June 09,the farmers market from 8:00 a.m. to 12:00 p.m., and on June 22,the Chamber of Commerce River Night. There are baseball tournaments going on every weekend. Push For The Path Alderman Teeling asked the number of Nicor employees that attended the Nicor event. Director of Park and Recreation Schraw said Nicor had 130 employees sign up. ADDITIONAL BUSINESS None. EXECUTIVE SESSION Alderman Colosimo entertained a motion to go into Executive Session for the purpose of: 1. 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. 2. 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. 3. For the discussion of minutes of meetings lawfully closed under this Act,whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. So moved by Alderman Kot; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Colosimo-aye,Kot-aye, Teeling-aye, Gilson-aye,Funkhouser-aye,Munns-aye The City Council entered Executive Session at 8:11 p.m. The City Council returned to regular session at 8:40 p.m. ADJOURNMENT Alderman Colosimo entertained a motion to adjourn the meeting. So moved by Alderman Teeling; seconded by Alderman Munns. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 8:41 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois CIP Reviewed By: K 0 Legal Agenda Item Number 06 Est 1836 Finance El Mayor#1 Engineer ❑ City Administrator 0 0 �� y Human Resources ❑ Tracking Number � �© Community Development ❑ CC 2012-48 Police F-1 Public Works ❑ Agenda Item Summary Memo Title: Home Rule - Discussion Meeting and Date: City Council—June 26, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N /A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Direction on whether to draft an ordinance for a home rule question on the November general election Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council E51 _ 1836 From: Bart Olson, City Administrator CC: Date: June 21, 2012 Subject: Home rule discussion LE What is home rule authority? The Illinois constitution, which grants municipal authority, is set up so that municipalities only have that authority which is specifically granted them under state statutes. This is the definition of being a"non-home rule community;"we can only do what the state says we can do. When a City opts to become a home rule community, the state statutes allow us to do anything we deem necessary, unless the state statutes specifically say we cannot. The packets from Geneva and Lake Forest do an excellent job on comprehensively explaining home rule authority. How is home rule authority achieved? In short, home rule authority is achieved through referendum or through the certification that the municipality has 25,000 residents. We do expect to have 25,000 residents in the next 10 years (depending on the economy), and the staff has been internally discussing the transition for the past few years. For a referendum approval, the City Council has the authority to pass an ordinance or resolution initiating the referendum question. That ordinance or resolution would have to be approved by the City Council 79 days prior to the election date, so we are looking at a mid-August deadline for the November 2012 general election. Uses in Yorkville? The first question often posed by residents of a community considering home rule status is "what are you proposing to do with home rule authority?" The following list of topics that residents, businesses, and the City Council has discussed over the past decade that could be assisted with home rule authority. We do not necessarily recommend that each of these authorities be used; we only pose them as an illustration of possibilities under home rule. 1) Reduced residential speed limit a. This authority is one of the most requested municipal ordinances by residents. We often receive complaints that cars are driving too fast through neighborhoods. We respond to those complaints with extra police presence in the area, speed trailers, and loaning speed guns to residents so they can see how fast cars are travelling. Under home rule-authority, the default residential speed limit in the City could be reduced from 30 mph to 25mph. 2) Landlord-tenant issues a. Residents have previously asked us for crime-free housing ordinances, or assistance with landlord issues. As a non-home rule municipality, the City has almost no authority over landlord-tenant issues. As a home rule municipality, the City could pass standards and regulations for rental properties. This has been done in other municipalities to make sure landlords are registered in the City, and to enact standards on living conditions in a rental unit. Crime-free housing ordinances have also been used on behalf of landlords to easily evict bad tenants. 3) Changing the size of the City Council a. After the 2010 decennial census results were received in summer 2011, the City Council was faced with the requirement to add one ward and two aldermen to the current ward system. This addition was triggered by state statute,but the statute also gave us the authority to temporarily freeze the number of aldermen and wards at our current level. So, the City Council passed an ordinance keeping the number of aldermen and wards at their current level. We will be faced with the same issue in 2020, and assuming we grow to above 20,000 residents by then, we will actually be faced with a choice of 5 wards and 10 aldermen or 7 wards and 14 aldermen. With home rule status, the City could authorize a referendum question to the voters to permanently set any number of wards and aldermen(4/8, 5110, 4/4, 10/10, etc.). 4) Have greater flexibility to enforce property maintenance costs on properties subject to a violation a. Any decision rendered by an administrative adjudication officer is as strong as a decision by a judge—which means the City could levy fines for mowing violations and then immediately lien the property. b. The maximum violation for a single citation is currently$2,500 under non-home rule laws. As a home rule unit, we would be able to exceed that amount. This would be particularly helpful in cases where entire houses must be condemned and torn down (i.e. abandoned homes with mold issues). 5) Establish more flexible rules for administrative adjudication a. As a non-home rule unit, adjudication hearings must be between 30 and 40 days from the date the ticket was issued. As a home rule unit, we would be able to change that window to as low as 15 days from the date the ticket was issued. 6) Establish more flexible rules for purchase and sale of public property a. As a non-home rule municipality, the City can only sell property through an auction, request for bids, or through partnership with a broker. The City can only purchase property by having a public hearing, and then having the results published in the local newspaper twice after the approval of the ordinance. We have considered selling the old post office in the past month, and have purchased the Betzweiser building in the past five years. Having home rule authority would allow us to lengthen or shorten the RFP window for the sale of property, or would allow us to consider different procedures for the sale (direct negotiations with multiple developers, etc.). For purchase of public property, the non-home rule requirement to publish the entire purchase ordinance after the ordinance is approved is archaic and expensive. The City could still publicize the property purchase through its website, press releases, or other methods. 7) Alternatives to Police and Fire Commissions a. While we have had no recent issues with hiring and firing authority with our Police and Fire Commissions, home rule municipalities will often set up a hiring process where the Police Chief is the final authority on hiring and firing, as opposed to the Police and Fire Commission. This is done primarily so that the Police Chief has control over his department, and can be held accountable for poor hires or firings. The other reason to consider this process is for expediency in hiring. The simple act of calling a meeting and then waiting for that meeting can add a few weeks to a hiring process. These few weeks can be the difference between hiring someone at the top of a list, and having those top candidates find employment elsewhere. 8) Zoning ordinances a. Exemption from the "Affordable Housing Planning and Appeal Act"which requires all local governmental bodies having zoning authority to provide at least 10% of their year-round housing units for affordable housing. The Act requires extensive research and planning, and entails such activities as conducting a survey of all housing units, identifying existing housing stock which is most appropriate for affordable housing, and creating a plan to convert and/or rehabilitate the housing for that use (think Comprehensive Plan). Staff has done some preliminary researched and discussed this with the Zoning Commission during our May 2012 meeting. b. Greater flexibility with regards to procedural changes in our zoning ordinance, such as establishing additional recommending committee/boards, expanding powers granted to those committees/boards and approval processes. c. Home Rule authority states other units of government(i.e. County, Fire Districts, Sanitary Districts, etc.)will not be exempt from our City's zoning, subdivision drainage, parking regulations and building codes. This will eliminate the need for such intergovernmental agreements with BKFD and YBSD. 9) Can opt out of unfunded state mandates a. For years, the state was known for passing unfunded mandates down to lower levels of government. Fortunately, they have greatly reduced the frequency of that practice in the past year or two; unfortunately, they have moved on to diverting local revenues to state purposes. The most recent unfunded state mandates are listed below. If we were home rule, we could simply ignore the mandate. i. ADA Accessibility ii. Adoption of the Illinois Energy Efficient Building Act. In part required building department to began res-check reviews of all new residential commercial plans.Needed staff education and training. iii. Affordable Housing Act (discussed above). iv. AED's at the concession stands and all recreation buildings v. Pool lift at the REC Center 10)Can incur debt beyond 20 years a. When the City refinanced the Rob Roy debt obligation, we were limited to bonds that had less than a 20 year term. For large, long-term utility projects it may be desirable to have the payment period more closely match the useful life of the item. For things like sewer and water mains,this could mean a 40 year debt obligation (maximum). The benefits of being able to stretch payments out over longer periods is that it allows more time for developers to build in the service area(and thus pay their share of the project) and lowers the burden on individual homeowners to a more manageable amount. 11)Broadly impose impact fees a. Non-home rule municipalities may enact impact fees as part of an annexation agreement, which is how the City's current impact fees have been legal. Home rule municipalities may require impact fees outside of annexation agreements above what is authorized under 65 ILCS 5/11-12-5, as long as the fees are reasonable, specific and unique, proportional and have a direct connection to the development and the imposition to the public general health, safety, morals and welfare. A common example of home rule impact fees being a benefit to a municipality is on old undeveloped lots. Because home rule impact fees are applied to every vacant property in the City(and in some cases on tear downs), a developer that annexed in 1950 (before impact fees existed)would still be required to pay impact fees authorized in 2012. 12)Enact recall elections by ordinance a. Home rule authority has been used to set up a recall election procedure in Buffalo Grove. The recall election was the first of its kind in Illinois, and articles are attached. While the Ancel Glink book recommends recall authority as a potential home rule power, our attorneys have reviewed the appropriate case law and feel that the recall elections would have been overturned should they have been challenged in the courts. Nonetheless, this authority is particularly interesting because it could potentially allow an additional layer of accountability for residents, besides just voting someone out of office in 4 years or rescinding home rule authority by referendum. Issues to think about for residents concerned about home rule authority As many of the articles attached to this memo explain, much of the new authority granted under home rule status deals with finances. While people may initially associate this with increased revenues (i.e. raising taxes), studies have shown that municipalities will use the new power to shift the tax burden among groups in the City, or more often to broaden the tax base that is coming from non-residents. For example, if the City were to pass a $0.02 per gallon gasoline tax, some of that money would come from non-residents. If the annual total from that gas tax was $100,000 per year, the City could reduce property taxes by$100,000, reduce the garbage surcharge by$100,000 in total, or could cut the water infrastructure improvement and maintenance fee. In the example of the water fee, this would result in a billing cycle reduction from $16.50 to $13.75. While residents would still be paying some of the tax burden through the gasoline tax, non-residents would be too—which is not the case for the water infrastructure and maintenance fee. Other examples of revenue flexibility that may benefit Yorkville include the use of the hotel- motel tax for purposes other than tourism, and sales taxes on restaurant food and beverages While restaurant owners may not initially like this tax, they may appreciate their property taxes being reduced a proportionate amount. With two large regional recreation attractions, we do expect our restaurants and taverns to serve many visitors from out-of-town. 1) Issue general obligation bonds without a referendum a. General obligation bonds are debts issued by a municipality that are on the full faith and credit of all property owners in the City. They may be paid off by any municipal revenue source,but typically they are accompanied by a tax increase. As a non-home rule municipality, general obligation bonds may only be issued by referendum. As a home rule municipality, general obligation bonds may be issued by ordinance. The only general obligation bond that the City has authorized is for the library, which was approved by referendum. 2) Increase property taxes beyond the PTELL limits a. One of the most frequent concerns of residents is the elimination of the property tax cap. Under home rule authority, a municipality does not have to follow a property tax cap. However, as stated in the NIU studies, most home rule municipalities still follow the property tax cap either by policy or by law. This can be followed by policy each year by calculating the tax levy amount as if the City was still subject to the tax cap. In this case, the City simply levies an amount less than the theoretical tax cap. A tax cap can also be followed by law. In other words, a municipality could approve an ordinance saying that they will follow the tax cap every year, and then subject that law to a higher approval threshold to be over turned(i.e. 3/4 majority). This ordinance would then be filed with the County Clerk, and they would continue to calculate the tax cap on our behalf each year. If home rule is ever approved for Yorkville, Mayor Golinski has stated that he intends to have an ordinance approved that implements the PTELL property tax cap. 3) Broad taxing authority a. As stated above, broad taxing authority is available to a municipality. Many will use this authority for hotel-motel taxes (that do not have to be spent on tourism), amusement taxes beyond 5%, gas taxes, food and beverage taxes (for dining out in restaurants), mandatory business licensing, real estate transfer taxes, wheel taxes, tobacco product taxes, and sales taxes in excess of the local 1% share. As a reminder, empirical evidence suggests that municipalities do not use this additional taxing authority to raise taxes—they usually try to shift the burden of taxation to non- residents. Recommendation Staff seeks direction from the City Council on whether an ordinance authorizing a referendum on home rule authority should be drafted. As a reminder, an ordinance for referendum must be approved by mid-August, CHAPTER 2 HOME RULE AND INTERGOVERNMENTAL COOPERATION I. WHAT DOES "HOME RULE" MEAN? "Home rule"gives local governments power to act autonomously. These grants are made either through state constitutions or state legislation. Most states have provisions for some form of home rule. Very simply stated, a non-home rule municipality must show a specific grant of legal authority in order to exercise a power while a home rule municipality may usually take an action unless it is specifically prohibited or"preempted." II. LIFE BEFORE HOME RULE POWERS The 1870 Illinois Constitution made no provision for home rule. Thus,prior to the 1970 Illinois Constitution,municipalities could not exercise any powers except those granted by the General Assembly. This concept,known as "Dillon's Rule,"was first expressed in an opinion by Iowa Supreme Court Judge John Forrest Dillon in 1868.Under the rule, local governmental bodies could exercise only those powers that were specifically granted to them by statute or necessarily implied from statutes or other grants of power. This was quite limiting since it rendered communities powerless to deal with new problems or regional concerns. Before municipalities could solve a particular problem, they needed to first decide whether they even had any authority to deal with the matter. III. THE BEGINNING OF HOME RULE POWERS Around 1900, as local governments became more complex,and as urbanization steadily transformed hamlets into metropolises, many states began giving"home rule"powers to their cities and villages. In Illinois,municipalities fought for home rule for more than 50 years before they succeeded. In the beginning of the struggle, smaller communities fought home rule because they -j4&— Municipal Handbook 12011 13 feared it would be used by larger municipalities to achieve even greater power. Eventually,both small towns and the largest municipalities began to realize that the legislature could not meet each of their individual needs. Thus,the concept of home rule powers was drafted into the 1970 Illinois Constitution. On July 1, 1971, approximately 60 Illinois municipalities automatically achieved home rule. The 1970 Constitution freed home rule municipalities from having to hunt for authority for their each and every act. Instead, subject to certain limitations and restrictions,the municipal legislative body may act without relying on the General Assembly. This power pertaining to local affairs allows solutions to local problems to be fashioned by those closest to the problems rather than those sitting in Springfield. Hence,home rule may be thought of as the power to act without statutory authority. Since 1971,many municipalities have become home rule units, either through population growth or referendum. There are currently more than 200 home rule municipalities in Illinois. Many municipalities with populations under 5,000 have even become home rule units, including some with populations under 500. IV. HOW CAN A MUNICIPALITY OBTAIN HOME RULE STATUS? Municipalities with a population of at least 25,000 automatically have home rule powers. Smaller municipalities can achieve home rule status by the majority vote of their citizens at a local referendum.' Cook County automatically achieved home rule upon the effective date of the constitution.No other county,to date,has by referendum voted to become a home rule unit. The referendum may be called or initiated either by a resolution of the governing body or by a petition signed by 10%of the number of registered voters in the governmental unit. If the referendum fails, a new vote may not be taken for 23 months.2 ' ILL.CONST. 1970 ART.VII, §6(a); 10 ILCS 5/28-7. 2 10 ILCS 5/28-7. 14 Municipal Handbook 12011 V. DOES EACH MUNICIPALITY THAT AUTOMATICALLY BECOMES HOME RULE THROUGH POPULATION GROWTH HAVE TO ACCEPT IT? Yes,but the municipality may still decide by referendum not to be a home rule municipality.'An election to change from a home rule municipality to a non-home rule municipality may only be held once in every 47-month period.4 A municipality that becomes a home rule unit may decide to go very slowly on asserting its new powers or it may aggressively move to solve problems as they occur.Very few municipalities that have become home rule have rejected it. VI. WHAT ARE THE SPECIFIC HOME RULE POWERS GRANTED BY THE 1970 CONSTITUTION? Article VII, Section 6(a)provides, in part,that: A home rule unit may exercise any power and perform any function pertaining to its government and affairs including,but not limited to,the power to regulate for the protection of the public health, safety,morals and welfare;to license;to tax; and to incur debt. This provision unshackles home rule municipalities from being required to find legislative authorization for their every act. Further, every law that is enacted may not deny or limit home rule powers or functions unless there is specific language limiting or denying the power or functions If a home rule municipality is considering a matter involving its government and affairs,its officials will have the broadest power to deal with it, limited only by constitutional due process and equal protection requirements and preemption by the General Assembly. In addition,the General Assembly has provided that 3 ILL.CONST. 1970 ART.VII, §6(b). 4 10 ILCS 5/28-7. 5 5 ILCS 70/7. Municipal Handbook 12011 15 this power may be exercised notwithstanding the effects on competition,which lessens the exposure of municipalities to antitrust suits.6 The issue,therefore,becomes whether, in any given situation, the exercise of the power or the performance of the function pertains to the individual municipality's government and affairs. Many powers and functions obviously relate to the government and affairs of the municipality alone. And,just as clearly, others do not. For instance,municipal actions that impact how other governmental entities are to function or attempt to modify the judicial system do not relate to that municipality alone. Thus, a home rule county could not pass an ordinance relating to the frequency of tax payments to all governments within the county? and a city could not control the manner in which objections to the enforcement of its ordinances would be judicially reviewed,' or affect the law on garnishments.9 A municipality could not pass an ordinance requiring courts to order a losing party in an ordinance enforcement case to pay the municipality's legal fees.'0 For situations in the gray area at the edge,the courts have established criteria to be used to determine the proper assignment of the power between the municipality and the state. Specifically, courts look to: (1)the nature and extent of the concern being addressed; (2)which units of government have the most vital interest in the solution of the concern addressed; and (3)the role traditionally played by local and statewide authorities in dealing with the concern." The court has applied these factors to uphold a municipality's regulation of handgun registration and possession within its boundaries.12 On the other hand, a home rule unit may not '65 ILCS 511-1-10. 7 Bridgeman v.Korzen, 54111.2d 74(1972). 'Paper Supply Co. v. City of Chicago,57111.2d 553 (1974). 9 McLorn v.East St.Louis, 105 111.App. 3d 148(5th Dist. 1982). 10 Village of Glenview v.Zwick,356 Ill.App. 3d 630(1st Dist.2005). 11 Kalodimos v. Village of Morton Grove, 103 Ill.2d 483 (1984). 12 Id. 16 Municipal Handbook 12011 disregard the Prevailing Wage Act in awarding a contract because it is considered a matter of statewide interest rather than local concern.13 In addition,branch banking is a matter of statewide, and not local, concern.14 A home rule unit may frequently exercise powers concurrently with the state.15 A home rule government's power to regulate for the protection of public safety includes the authority to enact ordinances which address matters already covered by state law as long as the legislature does not limit the power.16 Even comprehensive state regulation,when there is no express language of exclusive state control,will not be enough to deny home rule powers.17 An example of an area of concurrent authority is the area of liquor control, except that home rule municipalities may not lower the minimum drinking age.'8 In the event of concurrent legislation,the court must enforce home rule ordinances, even if they are more stringent than state law.19 VII. IN WHICH AREAS MAY HOME RULE MUNICIPALITIES EXERCISE THEIR POWERS? A. Public Health, Safety, Morals and Welfare Unless specifically restricted by state law(for example, in the area of the age for consumption of alcoholic beverages)20 or other provisions of the constitution, a home rule municipality may pass ordinances regulating the areas of building,zoning, sanitation,nuisance, civil disturbance and all other matters of 13 People ex rel.Bernardi v. City of Highland Park, 121111.2d 1 (1988). 14 People ex rel.Lignoul v. City of Chicago,67 Ill.2d 480(1977). 15 Carlson v. Briceland,61111.App. 3d 247(1st Dist. 1978). 16 City of Chicago v.Powell,315 111.App. 3d 1136(1st Dist.2000). 17 Village of Bolingbrook v. Citizens Utilities Co., 158 Ill.2d 133 (1994). "235 ILCS 5/6 18;Sip and Save Liquors,Inc. v.Daley,275 111.App. 3d 1009(1st Dist. 1995). 19 People v.Jaudon,307 Ill.App. 3d 427(1st Dist. 1999). 20 235 ILCS 5/6-18 Municipal Handbook 12011 17 public health, safety,morals and welfare.21 A home rule municipality may regulate the differential in price between self-service and full-service gasoline.22 A home rule unit may adopt regulations relating to contracts between landlord and tenant.23 Even in areas where partial preemption has taken place, home rule communities still have the power to supplement state law so long as the local ordinance does not seek to reduce state minimum standards or provides for a lesser penalty than state law imposes.24 Chicago was allowed to use its home rule powers to confiscate and destroy a firearm owned by a non-resident because this non-registered weapon had no protection under state law.25 B. Zoning and Subdivision In matters of zoning, subdivision control and planning,home rule municipalities may make procedural changes, as long as they meet the tests of due process, equal protection of the law and other constitutional guarantees.26 Municipalities possess broad basic zoning authority,which is only expanded by home rule powers. Home rule units may zone landfill sites as long as standards similar to those in state environmental law are utilized.27 Any extraterritorial jurisdiction for zoning still depends upon the grant of the powers contained in Division 13 of Article 11 of the Illinois Municipal Code. Extraterritorial subdivision control and planning is still subject to Division 12 of Article 11 of the Illinois Municipal Code.28 21 ILL.CONST. 1970 ART. 7, §6(a) 22 Midwest Petroleum Marketers Assn v. City of Chicago,82 Ill.App. 3d 494(1st Dist. 1980). 23 City ofEvanston v. Create, 85 Ill.2d 101 (1981). 24 City of Chicago v.Pollution Control Board,59111.2d 484(1974); Village of Park Forest v. Thomason, 145 Ill.App.3d 327(1st Dist. 1986). 25 City of Chicago v. Taylor,332111.App.3d(Ist Dist.2002). 26 Cain v.American National Bank and Trust Co.,26 Ill.App. 3d 574 (1st Dist. 1975). 27 County of Cook v. Sexton, 86111.App. 3d 673 (1 st Dist. 1980). 28 City of Carbondale v. Van Natta,61111.2d 483 (1975). 18 Municipal Handbook 12011 C. Personnel A home rule municipality may extend the period of probation for employees to achieve full or limited tenure rights otherwise provided by the statute.29 A home rule community may elect to combine its police and fire departments,30 or to grant its police chief the power to discharge a probationary police officer,31 and may require its police officers to participate in the police pension fund as a condition of employment.32 It may also adopt procedures different from those established in the state statutes for the discipline,discharge or promotion of personnel.33 It may, for example,pass an ordinance granting to the police chief, rather than the board of fire and police commissioners,the power to make temporary appointments.34 D. Enforcement of Zoning, Building and Related Codes on Other Governmental Bodies Other public bodies are not exempt from a home rule municipality's zoning ordinances or codes relating to subdivision drainage and parking requirements.3'A governmental body,the territory of which is located within a municipality,must also comply with a home rule unit's applicable building codes.36 29 Scott V. City of Rockford,66 Ill.App. 3d 338 (1978). 30 Village of Rosemont v.Mathias, 109 Ill.App. 3d 894(1st Dist. 1982). 31 Cheek v.Dye, 108 Ill.App. 3d 711 (4th Dist. 1982). 32 Sanders v. City of Springfield, 130 Ill.App. 3d 490(4th Dist. 1985). 33 Messina v. City of Chicago, 145 Ill.App. 3d 549(1st Dist. 1986); Mandarino v. Village of Lombard,92 Ill.App. 3d 78(2d Dist. 1980); Resman v.Personnel Board of the City of Chicago,96 Ill.App. 3d 919 (1st Dist. 1981);Hoffman v. Board ofFire and Police Commissioners of the City of Peoria, 86111.App. 3d 505 (3d Dist. 1980);Kadzielawski v.Board of Fire and Police Commissioners of Skokie, 194 Ill.App. 3d 676(1st Dist. 1990). 34 Kotte v.Normal Board of Fire and Police Commissioners,269 Ill. App. 3d 517(4th Dist. 1995). 35 Wilmette Park District v. Village of Wilmette, 112 Ill.2d 6(1986). 36 Village of Swansea v. County of St. Clair,45 111.App.3d 184(5th Dist. 1977);Lake County Public Building Commission v. City of Waukegan,273111.App. 3d 15(2d Dist. 1995). _ _ Municipal Handbook 12011 19 Thus,building and related codes would apply to park districts, sanitary districts, counties and other public bodies. These public bodies(except for school districts which are covered by a statewide code)would be required to obtain building permits at the established fees and to build in compliance with the codes. However,it is unclear as to whether a home rule municipality may use its ordinances to prevent construction of facilities by a governmental body where the structure to be built is central to the operation of the task given by statute to the other governmental body. Home rule units may also not block the operation of the facilities of regional governments.37 The appellate court held that a home rule unit may not subject the Board of Trustees of University of Illinois, an arm and instrumentality of the state,to its building,health and safety ordinances.38 A home rule unit may exercise the power of eminent domain in an area not established by the legislature,but the enactment may be overturned if it is vague or overbroad.39 E. Taxation Home rule municipalities have a broad general power to tax. Except where restricted by statute(to date,the tax cap does not apply to the tax levy of home rule communities), a home rule municipality may impose any kind of taxes it wishes—property taxes,certain sales and use taxes, inheritance taxes,motor vehicle taxes,tobacco products taxes,hotel/motel taxes,per capita head taxes, leasing taxes, admission taxes,wheel taxes, gasoline taxes and amusement taxes,provided that such taxes are not based on or measured by income, earnings, or occupations, or pre-empted by state legislation. The Illinois Constitution, at Article VII, Section 6, gives to home rule units of government the power to impose taxes measured by income or earnings or upon occupations only as granted by state statute. 37 City of Evanston v.Regional Transportation Authority,202 Ill.App. 3d 265 (1st Dist. 1990). 38 Board of Trustees of University of Illinois, v. City of Chicago,317111. App. 3d 569(1st Dist.2000). 39 City of Wheaton v. Sandberg,215 Ill.App. 3d 220(2d Dist. 1991). 20 Municipal Handbook 12011 However,the Chicago service tax ordinance was declared invalid.40 In addition, a home rule tax on utility services was an improper tax on services rather than a tax on tangible goods.a' Moreover, successful home rule taxes will place the incident of the tax on the purchaser,but require the seller-business owner to account for the collection and turnover of the tax proceeds to the municipality.42 However,when a court finds that too many legal responsibilities and obligations have been placed on a person providing a service, a home rule tax ordinance may be found unconstitutional even if it contains a declaration that the tax is on the purchaser of the service.43 If taxes are levied carefully and precisely on the incidence of the activity or transaction rather than on the seller,they will likely be declared valid. A motel tax, for example, is proper if it is paid by the guest on the privilege or incidence of renting the room rather than on the gross receipts or activity of the motel owner.aa The Illinois Supreme Court also upheld a tax on the sale of packaged alcoholic beverages by a home rule county,45 a municipal employee head tax payable by the employer,46 a municipal admissions tax as applied to horse racing events,a'and a municipal amusement tax even when collected against a park district.a$ Similarly,the Court upheld a City of Chicago tax on boats moored in harbors operated by the Chicago Park District.49 40 Commercial National Bank of Chicago v. Chicago,89 I11.2d 45 (1983). 41 Waukegan Community Unit School District No. 60 v. City of Waukegan,95 Ill.2d 244(1982). 42 Bloom v.Korshak,52 Ill.2d 56(1972). 43 Commercial National Bank v. City of Chicago, 89111.2d 45 (1981). 44 Marcus Corp. v. Village of South Holland, 120 Ill.App. 3d 300(1st Dist. 1983). 45 Mulligan v.Dunne,61111.2d 544(1975). 46 Paper Supply Co. v. City of Chicago, 57 Ill.2d 553 (1974). 47 Town of Cicero v.Fox Valley Trotting Club,65 111.2d 10(1976). 48 Board of Education, School District 150 v. City of Peoria,76 Ill.2d 469(1979). 49 Chicago Park District v. City of Chicago, 111 111.2d 7(1986). — _ Municipal Handbook 12011 21 This broad taxing power may be limited or denied only by a three-fifths vote of each House of the General Assembly.50 An example of this expanded power is that home rule municipalities may levy a tax for library purposes different in amount from that recommended by the library board or in an amount greater than permitted by statute.51 The courts will not review whether the tax levy of a home rule municipality is justified because the power to limit such taxes resides in the General Assembly,which in this case had not acted to limit the taxing power. The cases which limited the power of a government to tax when it had a surplus of funds do not apply in home rule units. The issue is political, not legal.sz The power to impose an income tax is treated separately in the local government article of the Illinois Constitution,which makes it clear that the General Assembly may authorize a municipal income tax.53 However,until the General Assembly authorizes such a tax,home rule municipalities have no power to levy an income tax. Even with broad home rule tax powers, a community may take an action which requires other governments to carry out its goal. The courts may find this to be overreaching. So,the courts found an attempt by a home rule community to extend the time for the passage of the annual appropriation ordinance to be invalid because this act could cause serious problems for the county clerk in the timely determination of rates and for the county collector in the orderly collection of taxes.sa Home rule cities and counties may each tax the same event or transaction. The Illinois Supreme Court has held that a Cook County tax upon the sale of motor vehicles was valid within a 50 ILL.CONST. 1970 ART.VII, §6(g). 51 City ofRockford v. Gill,75 Ill.2d 334(1979). 52 Trust No. 1105 v.People ex rel.Little,328 Ill.App. 3d(4th Dist. 2002). 53 ILL.CONST. 1970 ART.VII, §6(e)(2). 54 In re Application of Anderson, 194 I11.App. 3d 414(2d Dist. 1990). 22 Municipal Handbook 12011 home rule municipality which imposed its own tax on such a sale.ss F. Elections Court decisions have indicated that home rule communities may have certain powers regarding elections governing purely local issues. For example, a home rule municipality may choose,by referendum,to have nonpartisan elections'56 to change the clerk from an appointive to elective office or to change the number of trustees and terms of office.57 A home rule municipality may enact an ordinance providing for the recall of elected officials, but neither home rule nor non-home rule units may use referenda to adopt recall procedures under Article VII of the Illinois Constitution.58 A home rule unit may also hold a referendum to provide for runoff elections,but the proposition must clarify the procedure and include the dates for the runoffs and the number of candidates to participate.59 In 2005,the Attorney General opined that a home rule municipality may by referendum choose to elect its officers via cumulative voting or by instant run-off voting.60 G. Finance In financial matters relating to the expenditure of its funds, a home rule municipality need not be bound by state law requiring prior appropriation.61 55 City of Evanston v. County of Cook,53 Ill.2d 312(1972). 56 Boytor v. City of Aurora, 81111.2d 308(1980). 57 Clarke v. Village of Arlington Heights, 57111.2d 50(1974);Brown v. Perkins,706 F.Supp. 633 (N.D.I11. 1989). 58 Williamson v.Doyle, 103 Ill.App. 3d 770(1st Dist. 1981). 59 Leck v. Michaelson, 111111.2d 523 (1986). 60 ILL.ATT'Y GEN.Op.No. 05-007. 61 City of Burbank v.Illinois State Labor Relations Bd., 185 Ill.App.3d 997(1st Dist. 1989). Municipal Handbook 12011 23 H. Special Assessments Home rule municipalities have full power to levy special assessments in order to make local improvements. The General Assembly never may take away this power, except by constitutional amendment.62 Under the 1870 Constitution, a municipality could levy special assessments only as authorized by the General Assembly.Moreover,under the 1970 Constitution,home rule municipalities may exercise their special assessment power jointly with other local governments. I. Special Service Area Tax The 1970 Constitution grants all municipalities,home rule and non-home rule,the power to levy or impose additional taxes and to incur debt to finance special services, such as street lights, paving and sewers, in certain areas within the municipality.63 In the past,by reason of the tax uniformity requirement, all the taxpayers of a municipality were required to pay for a new project financed by general taxation, even if it served only a limited area of the municipality. The Illinois Supreme Court has held,however,that no property taxes may be levied to support such projects without specific enabling legislation.64 Such legislation was then passed and is in effect.6'A home rule community may also elect to exempt certain property within a special service area from tax otherwise payable.66 A home rule unit may extend a special service area tax based on a standard other than assessed value but it may not force a county to collect this tax and must do so itself.67 62 ILL.CONST. 1970 ART.VII, §6(1). 63 Coryn v. City ofMoline,71111.2d 194(1978);Sweis v. City of Chicago, 142111.App. 3d 643 (1st Dist. 1986). 64 Oak Park Federal Say. and Loan Assn v. Village of Oak Park,54 111.2d 200(1973);See also,ILL.ATT'Y GEN.OP.No. S-951 (1975). 65 35 ILCS 200/27-5,et seq. 66 Elgin National Bank v.Rowcliff, 109111.App. 3d 719(2d Dist. 1982). 67 County of Will v. Village of Rockdale,226111.App. 3d 634(3d Dist. 1992). 24 Municipal Handbook 12011 J. Debt The 1970 Constitution vastly liberalized local debt provisions. The 1870 Constitution had a rigid debt incurring limit of 5% of the assessed valuation of local property. Revenue bonds were not subject to that limit. The constitution establishes separate rules for debt payable from property taxes and debt payable from other sources, such as revenue from a utility, corporate funds, and taxes other than property taxes. A home rule municipality begins with the unlimited power to incur debt payable from property taxes. The General Assembly may limit this power by establishing statutory debt limits and referendum requirements for bonded debt payable from ad valorem (imposed at a percentage rate against the value of the item taxed)property taxes. However,the General Assembly may never set limits lower than: (1) 3%of the assessed property valuation if the municipality has 500,000 people or more; (2) 1%of the assessed property valuation if the municipality has more than 25,000 people but less than 500,000; (3) 1/2%of the assessed property valuation if the municipality has 25,000 people or fewer.68 The sale of such non-referendum debt may be authorized by the passage of an ordinance enacted by the corporate authorities. Since the passage of the constitution,no statutory limits have been imposed upon the debt incurring powers of home rule units. Laws presently in force which allow the establishment of tax caps throughout the state do not limit home rule debt. The Illinois Supreme Court has approved the sale of general obligation bonds payable from property taxes by a home rule 68 ILL.CorrsT. 1970 ART.VII, §6(k). _ _ Municipal Handbook 12011 25 unit without the necessity of referendum approval.69 The court also has authorized the use of general obligation bonds to fund land acquisition and other costs in a municipally created commercial urban development program.70 The only restriction on home rule debt is the requirement that debt payable from property taxes must mature within 40 years." This is a distinct improvement over the 20-year limit contained in the 1870 Constitution. At the same time, a home rule municipality possesses the unlimited power to incur debt payable from sources other than property taxes. This means that, if a home rule municipality wants to secure its debt by sales tax receipts,revenue bond receipts, corporate fund payments, or from any source other than property tax receipts,there is no constitutional limit on the amount of debt the municipality may incur. The General Assembly,by three-fifths vote of each House,may limit the amount of such debt. This special majority requirement for preemption gives to home rule municipalities substantial protection against interference by the General Assembly. On the other hand,the General Assembly intended this as a check against possible abuse of power by municipalities. Of course,the ability to sell bonds in an unlimited amount is not the same thing as having the money in hand. Market forces will determine whether a municipality will be able to raise money through the sale of bonds. K. Internal Organization All municipalities have the power, subject to approval by a referendum,to adopt, alter or repeal those forms of government provided by law. All municipalities,by referendum approval or as established by statute,may provide for their officers,their manner of selection, and their terms.72 This later provision will 69 Kanellos v. County of Cook,53 Ill.2d 161 (1972). 70 People ex rel. City of Urbana v.Paley,68 Ill.2d 62(1977). 71 ILL.CONST. 1970 ART.VII, §6(d). 72 ILL.CONST. 1970 ART.VII, §6(f). 26 Municipal Handbook 12011 allow experimentation,with voter approval, in the basic rules by which elective officers are chosen. In the case of Clarke v. Village of Arlington Heights,73 the Illinois Supreme Court upheld the actions taken by Arlington Heights in increasing the size of its legislative body and providing for the office of the clerk to be appointive.74 The village took these actions only after a proposition authorizing such changes had been approved by the electors. While, in the Clarke case, a referendum was required, it is now clear that,with regard to all officers whose positions are not an integral part of the form or structure of government, a home rule municipality may alter such positions merely by ordinance.75 In the absence of a successful referendum,home rule powers may not be used to diminish the power of elected officials in such a direct manner as to shift the checks and balances written into each form of government authorized by statute. Thus,the legislative body in a home rule municipality may not take the power of appointing officers away from the mayor by seeking to convert these offices into employments which would be filled by the legislative body.76 A commission form municipality,though home rule,may not deprive a commissioner of the power to hire and fire departmental employees and transfer that power to others without referendum approval.77 For the same reasons, an attempt to adopt an ordinance to change the vote necessary to override a veto by the president of the county board in a home rule county was found to be an attempt to alter the form of government without the required referendum.7'The court also 73 Clarke v. Village of Arlington Heights,57 Ill.2d 50(1974). 74 See also,Brown v. Perkins,706 F.Supp.633 (N.D.Ill. 1989) (reduced terms of Trustees by referendum). 75 See e.g.,Paglini v.Police Board of City of Chicago,61111.2d 233 (1975)(change in disciplinary hearing procedures for police);Peters v. City of Springfield,57 Ill.2d 142(1974)(changing mandatory retirement age);Stryker v. Oak Park,62 Ill.2d 523 (1976)(changes in composition of board of fire and police commissioners). 76 Pechous v. Slawko,64 Ill.2d 576(1976). 77 Marshall v. City of Chicago Heights,59 Ill.App. 3d 986(1st Dist. 1978). 78 Dunne v. County of Cook, 123 Ill.App. 3d 468(1st Dist. 1984). — _ Municipal Handbook 12011 27 found that an ordinance which attempted to add a third commissioner to the county board of tax appeals, stagger terms, and change the manner of election was an illegal attempt to alter the board without the required referendum.79 However, a home rule municipality may change its rules of order to require a different vote to pass a particular matter than that required by state law.80 VIII. HOME RULE REFERENDA Home rule referenda generally succeed when: (1)the officials can point to some specific reason why the increased powers would be beneficial to the community; (2)the public trusts its government; and(3)the residents have been educated and informed about the reasons why their leaders seek home rule powers. In one municipality which achieved home rule by referendum,the issue was the ability to sell long-term bonds in order to buy a large park site. In other communities,the issue has been the ability to regulate and tax a local amusement. Where the community has no central goal in mind, critics have often convinced voters that home rule is synonymous with higher taxes. Actually,real estate taxes tend to decrease or grow at a slower pace in home rule communities because home rule communities can tap other sources of governmental funding besides real estate taxation. Often the funding source is one which directs new taxes to businesses or industries which are major users of municipal services. IX. HOW DO MUNICIPALITIES EXERCISE THEIR HOME RULE POWERS? Home rule municipalities retain the powers subject to the limitations of existing Illinois law. To exercise home rule powers, a municipality must take some affirmative action. Thus, while a home rule municipality may license general contractors, that power will only spring to life if it passes a local ordinance so 79 Chicago Bar Association v. County of Cook, 124 I11.App. 3d 355(1st Dist. 1984). 80 Allen v. County of Cook,65 Ill.2d 281 (1976). 28 Municipal Handbook 12011 providing. On the other hand, even if a home rule municipality took no new action, its licensing of restaurants authorized by existing state law would still be valid. An ordinance need not specify that it is enacted pursuant to home rule powers. Any time a home rule municipality adopts an ordinance that is contrary to a non-preempted substantive statute or to a non-preempted statutory procedural rule,the action itself will be considered an exercise of home rule powers.81 Thus,the passage of ordinances which did not receive the number of votes required by state statutes or which would have been defective for another technical reason,was still held valid.82 Interestingly, if a home rule unit repeals an ordinance which conflicts with state law,the state law automatically and once again applies to the matter.83 While a home rule unit may exercise its expanded powers by actions other than ordinances,84 it has not yet been determined whether the community must specifically pass an ordinance to override a state law which would otherwise bar the validity of its acts. In one case, a county awarded health care contracts without competitive bidding, and the court allowed the practice without any apparent local ordinance modifying the provisions of the state statutes.85 In another case,the court found a home rule community's contract was invalid because the city had failed to pass any ordinance reversing the statutory requirement of a prior appropriation.86 For that reason, it may be wise,though not required,to indicate that an effort is being made to change state law. Some communities do this by indicating in ordinances that 81 Messina v. City of Chicago, 145 Ill.App. 3d 549(1st Dist. 1986). 82 Scandroli v. City of Rockford, 86 Ill.App. 3d 999(2d Dist. 1980); Thompson v. Cook County,96 Ill.App. 3d 561 (1st Dist. 1981); City of Rockford v. Suski,90 Ill.App. 3d 681 (2d Dist. 1980). 83 Provenzano v. City of Des Plaines,256 Ill.App. 3d 458(1st Dist. 1993). 84 Beneficial Development Corporation v. City of Highland Park, 161 Ill.2d 321 (1994). 85 American Health Care Providers v. County of Cook,265 Ill.App. 3d 919(1st Dist. 1994). 86 Nielsen Massey Vanillas,Inc. v. Waukegan,276111.App. 3d 146(2d Dist. 1995). Municipal Handbook 12011 29 the enactment is being passed by the municipality"in the exercise of its home rule powers." Home rule municipalities may also impose fines greater than the state statutory limit. Home rule municipalities may imprison offenders for up to six months. If a municipality,however, enacts ordinances that have imprisonment as one of the penalties, the police and prosecutor will be held to higher levels of proof and constitutional safeguards than would be the case if a fine alone were involved. X. HOW DOES THE LEGISLATURE LIMIT OR REMOVE POWERS FROM HOME RULE UNITS? The state may limit or remove some powers by preempting them. If the state does not exercise a power which is exercised by a home rule municipality,the General Assembly may limit or eliminate(preempt) such power only by a vote of three-fifths of each House. The General Assembly may limit or deny the taxing power only by a three-fifths vote of each House.17 In addition, the General Assembly may provide for the exclusive exercise by the state of any power of a home rule unit other than a taxing power or special service tax by a simple majority vote of each House.88 The state has preempted various home rule powers, including specified licensing powers,power over pensions and traffic regulations. It has made home rule units subject to the minimum standards of the Open Meetings Act and the law in relation to notices89 and has made home rule units subject to the authority of the Regional Transit Authority,which operates in northern Illinois. Certain powers relating to human rights legislation may also have been preempted.90 The General Assembly has further declared that the provisions of the Public Labor Relations Act91 87 ILL.CONST. 1970 ART.VII, §6(g). 88 ILL.CONST. 1970 ART.VII, §6(h). 89 5 ILCS 120/6;715 ILCS 5110. 90 Hutchcraft Van Service v. Urbana Human Relations Commission, 104 Ill.App. 3d 817(4th Dist. 1982). " 5 ILCS 315/1,et seq. 30 Municipal Handbook 12011 are the exclusive exercise by the state of powers and functions which might otherwise be exercised by home rule units.92 The Illinois Municipal League and other organizations continue to resist preemptive legislation because the concept of home rule is to allow local problems to be freely solved with local solutions. XI. ARE THE POWERS OF A HOME RULE UNIT UNLIMITED IF THE LEGISLATURE DOES NOT PREEMPT THE POWER? No. Home rule units are still subject to all of the restrictions contained in the federal constitution and the state constitution. In addition, in certain cases the courts have held that even without specific statutory preemption, the acts of home rule units fall outside of the"government and affairs"of a local governmental body or are areas of traditional state control. For example,the City of Chicago was not permitted to use its home rule powers to impose building, safety, and health ordinances on the Trustees of the University of Illinois.93 But the North Shore Sanitary District was required to follow the City of Waukegan's zoning ordinance because there was no statutory preemption.94 XII. WHAT CAN A MUNICIPALITY DO IF IT NO LONGER WANTS TO BE A HOME RULE UNIT? A municipality may cease to be a home rule unit through a referendum. If the municipality reverts to non-home rule status, it does not affect the validity of actions taken while it was a home rule unit. Bonds issued and contracts which were entered into under home rule remain valid for their terms and taxes may be levied to fund those obligations.95 92 5 ILCS 315/15(c). 93 Board of Trustees v. City of Chicago,317 Ill.App. 3d(1st Dist. 2000). 94 City of Waukegan v.Illinois Environmental Protection Agency,339 III.App.3d(2d Dist.2003). 95 Royal Liquor Mart,Inc. v. City of Rockford, 133 Ill.App.3d 868 (2d Dist. 1985). Municipal Handbook 12011 31 XIII. WHAT HAPPENS IF A MUNICIPALITY'S POPULATION DECREASES BELOW 25,000? If a municipality which is a home rule unit by reason of having a population of over 25,000 decreases in population to 25,000 or less,the municipality continues to be a home rule unit until it elects by referendum not to be one. Unless a referendum on the question has been held within two calendar years preceding the determination of the population loss,the clerk must certify the question for submission to the voters at the next general election following such a determination.96 XIV. LIBERAL CONSTRUCTION OF HOME RULE POWERS Courts must construe grants of home rule powers liberally.97 Previously,where a municipality had only those powers which were specifically granted to it by statute, such powers were narrowly construed by the courts(Dillon's Rule). Thus, if a statute allowed a municipality to license dogs,the municipality could license dogs,but could not necessarily license all other animals based only on this one statutory grant of authority.Now, home rule municipalities may license dogs, cats,monkeys, and anything else within its"government and affairs"unless the state specifically preempts or restricts this power. XV. WHAT HAPPENS IF THERE IS A CONFLICT BETWEEN A HOME RULE COUNTY ORDINANCE AND A MUNICIPAL ORDINANCE? If a conflict exists,the municipal ordinance prevails within its jurisdiction. In a case involving a tax imposed on the sale of motor vehicles,the Illinois Supreme Court has held that no conflict exists and that both taxes are valid.98 While double 96 65 ILCS 5/1-1-9. 97 ILL.CONST. 1970 ART.VII, §6(m). 98 City ofEvanston v. County of Cook,53 Ill.2d 312(1972). 32 Municipal Handbook 12011 taxation does not cause a conflict, a true impasse (height of a fence,number of liquor licenses, etc.)would be resolved in favor of the municipality. XVI. WHAT POWERS DO NON-HOME RULE MUNICIPALITIES HAVE? Non-home rule municipalities will continue to be governed by authority they are given in the state statutes. Some of those powers include: (1) The power to make local improvements by special assessment,which may be exercised jointly with other municipalities, counties and special districts authorized to make local improvements by statute. The power to enter into joint assessments may not be removed by the General Assembly. (2) The power to adopt, alter or repeal their forms of government from among those forms provided by statute, if their citizens approve the change by referendum. Since this language is identical to that accorded to home rule communities,there are now substantial changes which could be considered by non-home rule communities. For example, such a community could approve an appointed clerk and modifications in the composition of its legislative body.99 (3) The power to conduct a referendum regarding officers who are central to its form of government,to set the salaries of its officers and to determine the manner of their selection and terms. A referendum may also be held to provide for nonpartisan elections.100 The General Assembly may not remove this power. 99 Clarke v. Village of Arlington Heights, 57 Ill. 2d 50(1974). '00111.Att'y Gen. Op.No. 85-017. _&A L Municipal Handbook 12011 33 (4) The power to incur debt in any amount and in any manner allowed by the legislature. However, debt limits for non-home rule municipalities are subject to statutory enactment and may be changed more easily as conditions demand. The non-home rule debt limit is 8.625%of the municipality's assessed valuation.101 (5) Municipalities also are able to extend debt payments for debts payable from property taxes over a 40-year period.102 XVII. INTERGOVERNMENTAL COOPERATION The Illinois Constitution grants very broad powers to all local governments, including school districts,to cooperate with each other,with the State of Illinois, other states,the federal government, and private parties to provide public services.103 Intergovernmental cooperation permits one entity,which may not possess the legal authority to do something,to exercise the powers of another public entity to accomplish the task. For example, if a non-home rule city desired to cooperate with another entity to provide services for children with special needs (special schools,teachers,buses, etc.), it could cooperate with a home rule city, another non-home rule municipality, any county, any school district,the State of Illinois or the federal government. It also could enter into an agreement with another state to share facilities and it could cooperate with a private institution for children with special needs in the area. Intergovernmental agreements may be for multi-year terms. Public entities in Illinois are generally responsible for developing,promoting, and maintaining services and benefits for residents and the general public without adequate financial sources. Illinois municipalities have recognized that by banding together to supply essential governmental services they may ioi 65 ILCS 5/8-5-1. 102 ILL.CONST. 1970 ART.VII, §6(d). 103 ILL.CoNST. 1970 ART.VII, §10. 34 Municipal Handbook 12011 retain a high level of performance while controlling ever escalating costs. Intergovernmental cooperation is both a constitutional and statutory grant of authority and is available to all units of local government. The Illinois Constitution Article VII, Section 10 allows that: Units of local government and school districts may contract or otherwise associate among themselves,with the state,with other states and their units of local government and school districts and with the United States to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance.Units of local government and school districts may contract as otherwise associated with individuals, associations and corporations in any manner not prohibited by law or by ordinance.104 The Intergovernmental Cooperation Act105 supplements the provisions of Section 10 of Article VII. For example,while the Illinois Constitution does not authorize state agencies to engage in intergovernmental activities,the Act clearly authorizes intergovernmental activity by"any agency of the state government."'06 The Act also makes clear that it"is not a prohibition on the contractual and associational powers granted by Section 10 of Article VII of the Constitution."107 Sections 3 and 5 of the Intergovernmental Cooperation Act108 allow for agreement between public agencies to perform any governmental service or activity that they are authorized to conduct. This power to enter into intergovernmental agreements endures unless it is withdrawn by statute or local ordinance. 104 ILL.CONST. 1970 ART.VII, §10. 10'5 ILCS 220/1,et seq. 106 5 ILCS 220/2. 107 5 ILCS 220/7. 10'5 ILCS 220/3,5 ILCS 220/5. Municipal Handbook 12011 35 Intergovernmental cooperation may and should take many forms of cooperative efforts such as sharing facilities, sharing costs of equipment and forming self-insurance pools. Intergovernmental cooperation is limited only by the municipality's creativity and leadership. When used effectively, intergovernmental cooperation enables local governments to function more efficiently. It is noteworthy to emphasize that governmental agreements are not exclusively limited to engagements between local governmental units. Cooperative agreements may include, as previously noted,private individuals, associations and even for-profit entities. Many lawyers believe,however,that to bring in private partners there must be more than one government involved in the agreement. Other examples include police and fire mutual aid agreements, agreements for the joint use of recreational areas,the serving of special populations for recreational services, street maintenance agreements, intergovernmental land use plans, solid waste water and disposal, as well as the provision of Lake Michigan water to various communities locally south and west of Chicago. Both home rule and non-home rule municipalities have used the intergovernmental cooperation section of the 1970 Constitution to overcome a lack of available and affordable insurance.Ancel Glink has worked with municipalities and other governmental bodies to produce many intergovernmental self-insurance pools. The Illinois Supreme Court commented on the efficiency of the use of this form of constitutionally authorized intergovernmental cooperation in the case of Antiporek v. Village of Hillside.'o9 Other examples of the productive use of intergovernmental cooperation include police and fire mutual aid agreements, agreements for the joint use of recreational areas, street maintenance agreements, intergovernmental land use plans and agreements in the area of solid waste treatment and disposal. A. Nature of Cooperation Intergovernmental cooperation should begin with extensive discussions and negotiations among all participating parties. 109 Antiporek v. Village of Hillside, 114 Ill.2d 246(1986). 36 Municipal Handbook 12011 Typically,these discussions emanate from problem areas or lack of funds to accomplish either mandated or targeted services to residents. If used effectively, intergovernmental cooperation enables municipalities to function even more efficiently and provide those services which they could not otherwise afford. The beginning of the process should include an identification of the problem that needs to be solved, as well as a review of those governmental entities which may assist your government or share the same types of problems or issues. Before any such agreement may go into effect, it must be approved in identical form by each participating party and is usually committed to written form. A unit of local government generally approves the agreement or contract by passing an ordinance or resolution. The ordinance or resolution should cite that it is being passed pursuant to the constitution and statutory authority to participate in intergovernmental cooperation. The language may include the source of the government's power to participate in the cooperative agreement. Where the cooperative effort is intended to be of long standing duration and governed by a separate permanent board of directors,the participating parties should strongly consider establishing permanent governing bylaws to facilitate the effective operation of the intergovernmental agency. To minimize potential liability or future litigation costs, the contracting parties should consult with an attorney before entering into any formal written agreement or contract. B. Examples of Intergovernmental Agreements Examples of some intergovernmental agreements are the following: (1) Recreation: Establishing joint recreational services for the disabled. (2) Financing: General obligation bonds by a home rule municipality for use by a school district to purchase an obsolete library building. The library used the money to help a new library at another location which enhanced the village's plan for its downtown —Ja&— Municipal Handbook 12011 37 area. The remaining dollars of the bond issues were used to remodel the old library as a new headquarters for the school district. The school district entered into a long-term lease under which the rent would pay all the principal and interest on the bonds. Without the help of the home rule power and the Intergovernmental Cooperation Act,neither the municipality,the library,nor the school district could have financed these improvements alone. (3) Property Purchases: Various school districts,park districts and villages have cooperated in the purchase of derelict buildings or public buildings which are no longer of use or have asbestos or other environmental problems associated with the structures. The sharing of the purchase of the property may ensure additional open space for a community as well as cooperative and utilitarian use of parcels of property or structures for general purposes. (4) Shared Facilities: Construction of buildings for joint or shared governmental use. Intergovernmental agreements may also be used to create cooperative construction financing and long-term maintenance and sharing of facilities. Shared facilities between park districts and school districts, and between park districts and villages, are common. (5) Infrastructure Need: There are several multi- jurisdictional agreements to provide Lake Michigan water to communities to the west and north of Chicago. The Central Lake County Joint Action Water Agency,the DuPage Water Commission and the Northwest Suburban Joint Action Water Agency are examples of these types of multi jurisdictional cooperative agreements. (6) Revenue Sharing: The sharing of revenue from casino profits. Additionally, a recent appellate court opinion upheld an intergovernmental agreement where the revenues from a municipality's real estate 38 Municipal Handbook 12011 transfer tax were forwarded to the school district to supplement its operating revenue.110 (7) Economic Development: Joint public and private partnership in the creation of residential and commercial development in blighted areas. Many communities suffering from a lack of revenue from their downtown areas are turning to private developers to partner with their city or village and other governments to develop an economic plan for a downtown area or blighted area. For example, a city may,by its eminent domain powers,take property,raze buildings and make condemned land available to private developers for residential and commercial use. Such a project allows a larger tax base and additional taxes over the long-term for the city or village and benefits to other participating governments. (8) Transportation: The Mid-American Intermocial Authority Port District is a cooperative effort of 11 Illinois counties that want to increase economic development in shipping along the Illinois and Missouri rivers. There are virtually hundreds of intergovernmental agreements currently in effect serving the constituents and residents of the State of Illinois. Some court decisions have addressed issues related to intergovernmental agreements. In County of Wabash v. Partee,111 there was a suit brought against a county,city and various officials,which involved a case where the sewage treatment was allegedly blocked from plaintiff's land development. The city and county had the authority to enter into an intergovernmental agreement whereby the city and county exchanged jurisdiction of certain property in order that the county could proceed to complete a county highway and thus the county had authority to 110 Rajterowski v. City of Sycamore,2010 WL 4380288(2d Dist.2010). 111 County of Wabash v.Partee,241111.App. 3d 59(5th Dist. 1993). _At&- Municipal Handbook 12011 39 proceed with condemnation. In Village of Oak Lawn v. Commonwealth Edison Company,'12 the court stated that the village could pass an ordinance requiring the utility to bear the necessary expense of temporary relocation of its electric transmission lines to permit construction of the relief sewer designed to prevent flooding in that village and neighboring communities. It was found that such an agreement clearly benefited the health and welfare of the citizenry."3 Although a majority of intergovernmental cooperation agreements have been successful,there are exceptions. In E&E Heating, Inc. v. Pollution Control Board,'14 the court found that the county board may not transfer its obligations to decide on landfill applications to a unit of local government pursuant to the state constitution provision nor could such a transfer be made under the Intergovernmental Cooperation Act,which appeared to limit it to joint exercises or activities and not outright transfers of power. In Village of Elmwood Park v. Forest Preserve Dist. Of Cook County,"5 the court held that the Intergovernmental Cooperation Act"was intended to encourage rather than enforce cooperation...."The court reviewed legislative history and found that while the Act allowed"intergovernmental cooperation in certain circumstances,"it did not compel cooperation.'16 The cooperation of governmental entities was voluntary and not obligatory."7 112 Village of Oak Lawn v. Commonwealth Edison Company, 163 Ill. App. 3d 457(1st Dist. 1987). 113 Id. 114 E&E Heating,Inc. v.Pollution Control Board, 116 I11.App. 3d 586 (2nd Dist. 1983),aff'd 107 III.2d 33 (1985). 115 Village of Elmwood Park v.Forest Preserve Dist. Of Cook County, 21111.App. 3d 597(1st Dist. 1974). 116 Id.21111.App. 3d at 600. 117 Id. 40 Municipal Handbook 12011 I&HeWd Big Picture . Lurzl Focus 6/14/12 Daily Herald print page after repeatedly saying her time to speak was over. Stone said he was simply trying to muzzle her. Nothing got resolved. "I think the drama is terrible. It is a shame that there has to be a recall, because I would have hoped that she would have changed her ways," Stolman said. "I think everybody has tried to assist her." "We are the laughing stock of Lake County," he said. "That's wrong, and I can't tolerate that any more." The list of those Stone has upset includes village officials, employees and volunteers. Among the complaints: - Stone has criticized fellow trustees, claiming they ignored the heroin issue. - She uttered innuendos about a trustee's connection to a relative whose law firm did village business and implied a conflict in a plan commissioner's public comments related to the Land and Lakes landfill, since the commissioner worked for that same trustee's firm. - Stone called attention to another trustee's child being employed by the village. - She has consistently criticized Village Clerk Janet Sirabian, voting against her minutes and calling attention to a lost executive session tape. - Stone's interruptions and refusal to stop talking when her allotted time is up has made it extremely difficult for Village President Hartstein to run village board meetings. Since her election, meetings can last close to or past midnight. - Village officials say Stone has gone to outside agencies and officials on issues, while seeming to represent the entire board. - Officials claim she has bullied village employees, in particular former Village Manager William Brimm. - Stone's critics say she has cost the village needless time and money in Freedom of Information Act requests and legal fees, in particular the cost to handle her challenge of recall petitions, when the number of signatures challenged would not have thrown the measure off the ballot. - Volunteers also have felt targeted. She raised questions about the Buffalo Grove Days Committee on such matters as cash handling procedures, food coupons for volunteers and the accounting of sponsorship dollars. - Stone filed a police report after a former trustee bumped into her at a youth baseball game, claiming it was intentional and telling people she believed the former trustee "was looking for ways to hurt her." She requested a special police watch on her home. - She sued a poster to the Daily Herald website comment board by the nom de plume of"Hipcheck 16." But perhaps the coup de grace was Stone's relentless pursuit of information about the Land and Lakes landfill, which the village had considered buying for development but decided against. She took issue with the village not following up on a consultant's report that raised questions about possible contamination of groundwater. Stone's side Stone doesn't see herself as the problem. She says she is being persecuted because she is questioning areas the board would rather avoid, such as the potential problems posed by the Land and Lakes landfill. "I won't tolerate BS and I'll stand up for what I know is truthful," she said. V that's a reason to remove someone from government, that's a very sad state of our government, that's a very sad message." And that's all the more reason why the village needs someone like her in office, she said. Supporter Francis Ladonne said Stone is doing what an elected official should do_"look out for the good and www.dailyherald.com/article/20101027/news/710289979/print/ 2/4 6/14/12 Daily Herald print page welfare of the residents to the best of her ability." When people bring issues to Stone's attention, she does the best she can to follow through, Ladonne said. "She is admittedly a little rough around the edges and perhaps a little unorthodox, but as I said, I think she is doing what I would expect an elected official to do." And if voters remove her from office, "in my opinion, they don't have an interest in fair and transparent and honest government," Ladonne said. Lincolnshire resident Brenda Weiss, who describes herself as an environmental activist, came to Stone's defense at a recent village board meeting. She upbraided trustees for what she saw as rude treatment of Stone, saying that to minimize concerns about the Land and Lakes landfill does not negate their relevance. Stone sees the recall as an effort to maintain status quo village government, without anyone meddling into their business. She said the recall group is closely tied into government. "Very many of them are involved in the various commissions. They're taking offense on behalf of the officials I'm questioning." Stone said voters need someone who will watch over the public safety_the very reason she contacted Congressman Mark Kirk about the landfill. "I'm pursuing something of substance," she said. "The answer to all of this is, 'Let's remove her from government. What she's doing is crazy. She doesn't know what she's talking about."' Stone said the fact that a home rule authority can pass such a recall ordinance is very dangerous "because you can have runaway boards." She sees herself as honest, forthright and direct. But board members see her behavior as insulting and attacking. Trustee Jeffrey Berman, who drafted the recall ordinance, cited Stone's relentless attacks on board members, village staff and even volunteers. Rubin, her former backer, said he does not dislike Stone, but criticized her lack of decorum. Rubin said that when he served on the board with trustees he often disagreed with, "We would discuss it. We would agree to disagree and we would go across the street and have a beer." Rubin said Hartstein and the trustees have tolerated Stone and given her more room than they would the average human being. Berman said he has no problem with trustees criticizing staff. He said he has done it during his entire tenure. "But the difference is that I haven't accused them of being crooks and I haven't gone after them without basis and I haven't sat up and publicly humiliated people with little regard for who they are and what they are and the services they provide our community." Resident Stan Zoller is among those on the recall side. He has a blog called "Gaggin' in the Grove" that's been called required reading by some trustees and has a devoted following among recall supporters. Zoller, a Rolling Meadows High School teacher who once covered Buffalo Grove as a reporter, said, "It has been probably one of the most unusual performances I have seen by a village official." The man who filed the petition for her recall, David Wells, said, "Ultimately I think it comes down to gross incompetence. She comes to these board meetings very unprepared. She acts very unprofessional." So how does all of this play outside Buffalo Grove? Perhaps not as negatively as it might, were there not big problems elsewhere, says Cynthia Canary, executive director of the Illinois Campaign for Political Reform. www.dailyherald.com/article/20101027/news/710289979/print/ 3/4 6/14/12 Daily Herald print page "Buffalo Grove, with this turmoil, may be benefiting from the fact that our entire state is in turmoil and our media is in turmoil," so it hasn't been at the top of everyone's mind, she said. However, she said, "It certainly isn't a good example to set in a community where you want new leaders and new blood and new ideas. That kind of animosity doesn't make local government look like the most inviting place in the world." Berman insists the board did not rush into recall. At first attempts were made to keep the entire board, not just Stone, disciplined, including the codification of a code of conduct. When the recall ordinance was drafted, it was meant as a warning to the board to be on its best behavior, he said. Months of fine tuning followed. For Stone, the last episode of the reality TV show known as the Buffalo Grove village board could be Nov. 2, when voters will play the role of Donald Trump and decide whether she will be fired or survive for future episodes. "I hope to win the recall because I think I'm really good at representing the people," she said. Copyright©2012 Paddock Publications, Inc.Al rights reserved. www.dailyherald.com/article/20101027/news/710289979/print/ 4/4 I&HeWd Big Picture . Lurzl Focus 6/14/12 Daily Herald print page so be it." Hartstein said that presuming the election results are certified by Nov. 25, he will have 60 days to appoint a temporary board member to fill Stone's seat. That seat will then be up for election in April 2011, as a two-year term. Candidates running for the village board in April will have to declare whether they are running for a 4-year, or the two-year term. "Anyone who suggests the recall is not democracy ignores the fact that the community had the opportunity to vote," Hartstein said, "and it appears the community has spoken loud and clear in large numbers, saying enough is enough." Hartstein said although he doesn't have anyone in mind to fill the seat temporarily, it won't take him 60 days to make the appointment. Jim Pawlak, who worked for recall, was among the recall supporters gathered at the Village Grill at the Buffalo Grove Park District. "We now have to look toward the future and start to rebuild our reputation as a community to restore what was destroyed during the last 18 months," Pawlak said. "I consider this a major victory for BG; I'm sorry we had to do this. I'm grateful it's done and tomorrow is a new day." Given it will take a week or more to certify the results, Stone may have one more village board meeting to attend, should she choose to. The vote ends at least one chapter of the strange trip that began with her election in April 2008. Stone, an activist who made a name for herself by challenging the community to deal with rising heroin use among teenagers and by getting tighter restrictions on pit bulls and Rottweilers, won election to the board with the support of prominent Buffalo Grove leaders, predominantly Lake County Board member David Stolman, Hartstein, state Rep. Sid Mathias and former trustee Brian Rubin. Once she was on the inside, though, the confrontational tactics that worked on the outside didn't win her the same support they once did. People like Stolman said they were disappointed she didn't work to build consensus; and instead openly attacked people who disagreed with her. Gradually her support began to dwindle, as people complained that what she called her push for truth and greater openness in village government looked to them like grandstanding. Stone, however, argued she was exposing abuses by trustees and staff, calling out Hartstein for what she called false statements and Brimm for an alleged altered e-mail. She also said she was acting as a watchdog on behalf of residents, when she called the village's attention to an environmental report on the Land and Lakes landfill and succeeded in getting a hearing from the IEPA. Her fellow trustees and some village employees argued she abused her power, insulting Hartstein and driving longtime Village Manager William Brimm from office, while consuming village staff time in sorting through Freedom of Information Act requests and costing taxpayers money in legal fees for what some saw as a frivolous challenge to signatures on the petition for her recall. Copyright©2012 Paddock Publications, Inc.All rights reserved. www.dailyherald.com/article/20101102/news/711039808/print/ 2/2 es VOL. 2, No. 3 AUGUST 2002 C YP r0fi Cl-. � eh. li hO1Z GOtl', 1Z � �lE �'� r1t, Sr �� hlh` � The Debate: Northern Illinois University • Home rule gives cities the issue: The Uses of Home Rule With Special power to solve local Emphasis on Taxation problems. (Supporters) Jams M. Banovetz and Thomas W.Kelty • Home rule gives cities too much power, especially too Public debate continues in Illinois over what was probably the single most signilicant much power to tax, change in Illinois law made when the state's present constitution went into effect in (Opponents) 1971. At issue is whether or not the constitution's home rule provisions gave individual cities too much power, especially too much power to tax. The Findings: A just completed survey, sponsored jointly by the Illinois Municipal League and the ■ Home rule taxes reduce Illinois City/County Management Association, offers new insight into the way home cities'reliance on the rule governments use their home rule powers. All Illinois' home rule municipalities property tax were asked how they were using home rule powers. Table l divides home rule communities into six groups based on population size and geographic location,shows • Cities use home rule to how many home rule communities are in each group,and the number and percentage respond to quality of life of respondents from each of the six categories. concerns. • Little voter opposition to home rule was reported in tableone home rule cities. Home Rule Survey Participation, 2002 Location&Size of #Home Rule* #Responding % Responding Municipality Cook Co. over 25,000 pop. 31 21 68 Cook Co. under 25,000 pop. 32 15 47 Collar Co. over 25,000 pop. 25 15 60 Collar Co. under 25,000 pop. 15 8 53 Outstate Co. over 25,000 pop. 19 13 68 Outstate Co. under 25.000 pop. 23 1 1 48 Total 145 83 57 *As of ldoremher 1. 2000, excluding Cook Counh^and the Cih,ol'Chicu,;o. The overall response rate for the largest Larger communities make the most communities. those over 25.000 popu- intensive use of home rile powers: lation,was 65 per cent:the response rate these are the same communities that had for the 70 home rule communities under the highest participation rate in the 25.000, each of which adopted home survey, rile by referendum. was 49 percent. CENTER FOR GOVERNMENTAL STUDIES 2 Northern Illinois University olio ro r a vp es What did the survey find? tabletwo The survey found that the fi-equency and Uses of Home Rule Powers breadth of home rule use increased significantly in some important catego- Function 1983-86 2002* ries and changed little in other categories Communities reporting 105 or 95% 83 or 57% during the years since similar surreys (Columns show percentage of respondents using home rule powers for the function) were conducted in 198'3 and 1986.(See J. Economic Development ** 83 Banovetz and T. Kelty, Home Rule in Levy taxes based on home rule powers 57 83 Illinois: Image and Reality (Sangamon Regulation 72 78. State University: Illinois Issues, 1987.) Reduce the cost of borrowed money 90 74 Table 2 summarizes the findings from the Buy, sell, or lease property 43 73 2002 survey and compares there to the Regulatory Licensing 61 55 1983-86 surveys. Intergovernmental Agreements 58 52 Several significant changes occurred Change structure of government 30 29 Exceed Tax Caps NA*** 22 between 1986 and 2002. First and Extend property tax beyond statutory limits 16 18 foremost,of course,is a very significant increase in the use of home rule taxing * Listed in order of frequency of use ** Not tabulated,but incidence of use was second only to incurring debt powers.Of equal significance is an even ***There were no tax caps in 1983-86. sharper decline in the use of home rule � Note: The lower surrey participation in 10112 will cause some inflation in the percentages Jor that Year since powers to borrow money. While the the majority of the non-participants were small communilies which, in general. make much less u.re of home first will suggest to some observers that rule powerq. home rule governments are misusing financial powers, the second directly Doesn't the survey justify paid by the same or different people), countermands that conclusion. opponents' fears about home (2) are these new taxes being used to rule and higher taxation? reduce, hold down, or replace other, Other significant changes are found in the more onerous taxes, and (3) is the total increased use of home rule powers to buy, tax burden in home rule communities sell, or lease property and to levy higher The survey found that home rule titres heavier, more oppressive, and repug- and villages are clearly making signifi- sales taxes.But there was little significant nam to local taxpayers'. change in the frequency with which home cant use of their power to levy taxes not rule powers were used to engage in available to non-home rule govern- The third question is the hardest of the merits. Table 3 (on page 3) reports the regulatory activities, to utilize intergov- three to answer. Different cities and survey's findings regarding the home ernmental agreements, to change the villages provide different services. structure of government, or to extend rule taxes currently being levied. Most provide basic police, fire, roads, property taxes beyond statutory limits. Clearly, taxation has become a major and zoning services, but there are great use of home rule powers during the past variations in the provision of such Economic development uses were not services as ambulance, park, water, p 20 years. This finding raises the categorized as such in 1983-86, but the sewer,solid waste disposal,storm water survey results did report that the variety of question of whether home rule tax collection and disposal, planning, powers are being abused or used uses lumped into this category made it p economic development, and other excessively. Three other issues must be oneofthernostfrequentusesofhomeru le considered to answer that question: (I) services. Even in the common services, powers at that time and it. along with co whom is the burden that additional there is great variation: while all home rule taxation, remains one of the coullnunities provide roads. for ex- most frequent uses of home powers. taxation falling(i.e., are the taxes being CENTER FOR GOVERNMENTAL STUDIES Northern Illinois University 3 olio a v ro l es .L ample, not all provide and maintain their home community, they pay the leadership offered voters a choice. curbs, gutters, and sidewalks. Further, added sales taxes that may be imposed Without home rule powers, the city voters in some communities want by their community. If they rent hotel would have to levy higher property taxes higher service levels than do voters in and motel rooms in their home or a new tax on utilities to pay for the other communities. Because of such community, they will also pay those sewage plant expansion. Either tax would measurement problems, the survey did taxes. But non-residents also pay a have been paid exclusively by local not attempt to compare either total tax significant percentage of such taxes. taxpayers, but if the voters gave the city levies or costs of government in home home rule powers,the officials promised rule and non-home rule cities. A closer look at the taxes listed in Table to levy a higher sales tax to pay for the 3 will reveal that, of the nine taxes plant's expansion. Since the city had a The survey did, however,gather data to (excluding "other") listed there, only large shopping mall which drew custom- answer the first two questions and it did two,the wheel tax and the tax on the use ers from a 50-mile radius outside the gather information on voter response to of natural gas, are levied entirely upon community, the use of sales taxes to pay local use of home rule powers. This residents or businesses in the commu- for the expansion would mean that information is provided in the rest of nity. The other seven taxes fall on non- shoppers from outside the city would pay this report. residents as well as residents. By using a portion of the cost. Faced with that these taxes, home rude governments choice, the voters, by a 3-2 margin, gave Don't local residents have to pay reduce the percentage of the local tar Mount Vernon home rule authority_ . all the home Rule takes? burden being paid hY local taxpgvers. Some of the "other" taxes also fall on Local residents pay all the home rule The City of Mount Vernon offers a case in non-residents. The Village of Bedford taxes levied on activities in which they point. When the city was faced with the Park, for example, has a large stone engage. To the extent that they shop in need to expand its sewage plant,the city's quarry inside its corporate limits. The village uses its home rule powers to levy a tax on the mining and removal of the tabiethree stone. Enough revenues are produced from the tax so that the village does not Use of Home Rule Taxing Power, 2002 have to levy a property tax to finance Kind of Tax No. of Municipalities village operations and services. Using It % of Total The principal taxes levied by non-home Additional retail sales taxes* 53 60.9 rule communities (taxes on property, Hotel-motel tax 52 59.7 utility bills, and auto ownership) fall Real estate transfer tax 31 35.6 exclusively on residents. Perhaps for Sales tax on restaurant food & beverages 22 25.3 this reason, only one of these home rule Gasoline tax 15 17.2 taxes — the real estate transfer tax — Amusement tax 12 13.8 has been strongly opposed by local Wheel tax 7 8.0 residents. That opposition resulted in Retail sale of new motor vehicles tax 2 2.3 the passage of a new state law requiring Use of Natural Gas 2 2.3 local voter approval in a referendum Other 4 4.6 before any new real estate transfer tax Number reporting not using any could be imposed by a home rule home rule tax 14 16.1 community. *See the discussion of sales tares for liathcr explanation of this item. Thus, survev data suggest that home rule tax powers have predominantlY 4 CENTER FOR GOVERNMENTAL STUDIES Northern Illinois Universitv olio p YA ra Z es he°en u.w�/to spilt a portion of the loco/ levies. What evidence is as ailahle of home rule eonununitics levy property tree hurdcn to non-residents. 1,0 the suggests that voters support home rule taxes in excess of the statutory limits extent that this isso, tllcirnsc les'sert.s the Ill part heralrse of the home rule sales that would apply to them if they did not perc errta-c of the local tax burden tax option. The business community in have home rule powers, and 22 percent borne hr residents°: Sycamore, Illinois, for example, tinged of the communities reported that they the city council to ask voters tier hone have, in one or more years, levied Does home rule result in excessive rule approval so the city could levy property tax increases that exceeded the imposition of sales taxes? higher sales taxes rather than increase tax cap limitations which applied to property taxes to finance needed non-home rule communities in those As Table 3 reports, 61 percent of home municipal improvements. years. rule communities levy sales taxes over and above the one percent rate allowed Sales taxes also provide a way of But there is also evidence that home rule by law to all municipal and county funding local services that is viewed as communities, as a group, rely less on governments in the state. The 1983-86 less painful than higher property taxes. property taxes for local revenues than survey found that only five percent of This was the case in Mount Vernon. do non-home rule cities and villages. III home rule communities levied home Other communities do this-in different other words, the survey found support rule sales taxes at that time. Thus, the fashions. Carbondale, for example, /or- the contention thus home rule non- single biggest change in the use ofhome dedicated a part of its home rule sales property tares are widely used to hold rule powers between the 1983-86 tax revenues to paying for the clown or reduce property tcr_c levies. surveys and the 2002 survey was in the construction of a new high school. much more frequent use of sales Eighty-three percent of Bloomingdale Table 4, for example, provides survey taxation to finance local government voters, in an advisory referendum, data which suggests that home rule operations. approved the village's plan to use communities, as a group and when higher sales taxes to purchase and divided by population size and location, Interestingly, this increased use of sales preserve open space in the community. rely less heavily on property taxes for taxes came in large part as a result of a their revenue than do non-home rule law passed by the Illinois legislature in Despite such evidence, however, if communities. This is true even for 1992 prohibiting home rule retail sales sales and other home rule taxes are communities which levy taxes in excess taxes. To replace such taxes, the state accompanied by large increases in of applicable tax caps. The data in the gave home rule communities authority property taxes,then they could fairly be table compares the percentage of total to increase the local option component challenged as abusive. If not, such a municipal revenues derived from prop- of the state retail sales tax (technically charge would be hard to sustain. erty taxes by home rule communities called a retail occupation tax) from the with the percentage for all Illinois cities, one percent authorized for all cities and More to the point, it is not sales and villages, and incorporated towns. counties to as much as 2.5 percent. home rule taxes, but rather the potential Because this new arrangement gave misuse or abuse of the property tax,that Two qualifications must be made home rule governments the freedom to has concerned home rule opponents. when interpreting the data in Table 4(on levy higher sales taxes without having page 5): to incur any collection costs, the use of So do home rule Communities levy home rule sales taxes increased rapidly higher properly taxes? ■ While only 44% of the home rule thereafter. communities responded to this part The Survey evidence relating to this of the survey,making any definitive In part, too, home rule governments question is mixed. Some evidence (see conclusions difficult to reach, the turned to the use of sales taxes because Table 2) indicates that some home rule data collected offers no support for there is little evidence of significant communities do use home rule powers the notion that home rule voter opposition to higher sales tax to levv higher property taxes: 18 percent communities. on average or in CENTER FOR GOVERNMENTAL STUDIES Northern Illinois University Olic l a v p ro eS �rcncral_ arc imposing tax burdens hil-her than those imposed tablej6u ' in non-home rule Communities Municipal Reliance on Property Taxes: Percentage of Total (which make up the �11-c�ttest part of Municipal Revenues Derived from Property Taxes the statewide avera-c of all municipalities). Category All Home Rule Taxing Property Over Statutory Limits ■ All else being equal. home rule Cook County <25,000 18°% 23% communities should show a higher Cook County >25,000 18% than average Collar Counties <25,000 13% 11% e level of dependence on property taxation.Normally,the cost Collar Counties >25,000 15% of government._on a total and per capita basis, will be higher in larger Outstate <25,000 15% 16% communities, Since all but one of Outstate >25,000 10% Illinois'cities over25,000population Statewide Average" 26% have home rule powers and higher costs. and since the smallest Illinois * Too few rases for valid sialistical Comparison ** cities and villages are predominantly .Source. Statewide %nimary of Afunicipal Finances, 7998. Report of the Comptroller General of Illinois non-home rulo with lower costs, Note_Data from survev are jot-year 2000,statewide data are for most recent vear available. 1998. home rule communities should show higher dependence on property taxes.This survey provides evidence which suggests that they do not. tablefive That Illinois home rule cities appear to Average Annual Growth Rates of Property Taxes rely less on property taxes is not because Communities Number Growth Rate Growth Rate such cities cost less to govern and serve, W/O Cap W/Cap but more likely because they are able to Non-Horne Rule 104 14.57 7.14 use other kinds of taxes — especially Home Rule 134 9.03 7.55 taxes paid in part by non-residents—to reduce their dependence on property source:R.F Dve& T.J. McGuire,Journal of Public Economics 66(1997) taxes. It is most likely. for example,that the relatively low percentage of total revenues derived by home rule Are the Survey findings consistent the tax cap are taken into consideration, commtmities fi-om property taxes is with other published research? Dye and McGuire did not find the rate of related to the widespread use of the sales increase in property taxes between tax as an alternate revenue source in Only one other study, published in the home rule and non-home rule those communities. Journal of Public Economics, has communities to be significantly different. analyzed the effect of home rule on Given these considerations, the most property tax increases. In that study, What then can be Said about the reasonable conclusion is that (I) home summarized in Table 5,R. E.Dye and T. relationship between home Pule rule governments, on average, do not I McGuire found that municipal and taxes? finance a higher percentage of their property taxes in Illinois i:ave increased costs using property taxes, but rather that(2)they do a better job of spreading more rapidly in non-home rule ff'hatever else home rule has their tax burdens among a variety of commtmities than in home rule accomplished far Illinois cities and taxes less onerous to local taxpayers. commtmities. Even when the effects of villages, it has lncrnared to spread tux 6 CENTER FOR GOVERNMENTAL STUDIES Northern Illinois University olicyp r o Z es p L burdens among a larger- number of having to bear high port ion of the cost of Village), and providing affordable different taxes and, thereby, it has expanding certain government services, senior citizen housing sites (Wilmette). reduced local reliance on hropertr such as education and parks, needed to taxes. serve residents in new subdivisions. HOW is home Pule being used for regulatory purposes? Since property taxes are widely regarded. Home rule communities use home rule nationally as well as in Illinois, as the powers to impose a broad and flexible Table 6(on page 7)summarizes the most least fair form of taxation, home rule's array of impact fees on developers. Non- common regulatory uses of home rule impact can be said to have transferred home rule communities may require that powers. the burdens of municipal finance residential developers donate land, or toward taxes that enjoy, if not greater cash in lieu of land,to help defray the cost Examples of the use of home rule powers voter support, then certainly less voter of school and park expansion, but the in the regulatory area include: increasing animosity and opposition. scope of their authority is much narrower the frequency of building inspections of than the powers being used by Illinois' rented housing units (Northbrook, What other Changes have resulted home rule communities. Addison, Hanover Park), requiring from the use of home rule powers? permits for fiber optic trenching pennits Initially, home rule governments used (Granite City), controlling handgun their home rule powers to impose impact ownership The survey shows that home rule's other p and use (Morton Grove, major impacts have occurred in the fields fees to transfer more of the burden of Niles),and requiring hazardous materials of economic development, regulation, expanding education and park facilities cleanup (Morton Grove). and changes in the organization and from old to new residents. More recently, structure of local governments. home rule communities have enlarged the How much political opposition is list of government service expansions there to the use of home rule Aging and declining communities use being expanded with the help of impact powers? home rule to attract new business fees. The first expansion was for development; rapidly growing transportation impact fees, used to communities use home rule both to enlarge and expand major arterial streets Respondents to the survey reported very control development and to make to accommodate the increased traffic that little voter opposition to the use of home developers pay more of the increase in follows new development. Some rule powers. Two questions were asked public services costs attributable to their communities are now adding impact fees regarding voter opposition.The questions developments. Home rule communities to help cover the cost of expanding and their answers are set forth in Table 7 use their expanded powers to broaden library, fire protection, and, in some (on page 7).Because of the frequent turn- cases, even general municipal service over in local officials,and the limitations zoning regulations, negotiate tax on memory,such data must be considered concessions, develop special planning costs. valid for a limited period of time,such as and subdivision control regulations, and the last decade. design programs to limit and eradicate Other examples of the use of home rule neighborhood blight and deterioration. powers to promote economic and community development include: This data is also supported by the Illinois home rule communities, for establishing special economic frequency of referenda called by local example, have established a broad use of development districts within the voters to rescind home rule powers.There community with special zoning and were 21 such referenda between 1971 and impact fees to help finance community development. Impact fees are fees development goals (Skokie), providing 1981; three were successful. There were p p homeowner loans to improve blighted 0111v eight such referenda between 1982 charged developers to recover increases and 1992;only one was successful.There in governmental costs associated with properties(Evergreen Park).authorizing real estate developments; the are a city purchase of properties in blighted have been no such referenda in Illinois p y since 1992. device used to protect local residents from commercial districts (Elk Grove CENTER FOR GOVERNMENTAL STUDIES t Northern Illinois University 7 Policyprofiles tablesix The Regulatory Use of Home Rule Powers Question # Responses % Question # Responses % Do you use home rule to: 1. Develop regulations on: 2. Engage in licensing or franchising_ Curfew 18 20 Liquor sales 15 17 Environment 11 13 Towing truck operators 13 15 Liquor sales or use 35 40 Cable TV 16 18 Zoning 42 48 Utilities 13 15 Other juvenile concerns 13 15 Mobile Homes 9 10 Land use planning/subdivision 34 39 Nursing homes/ 7 8 control retirement communities tableseven Measures of Voter Discontent with Home Rule Question Response Number Percent Has there been an effort to submit a referendum to abandon Yes 3 3.4 home rule in your community'? No 79 90.8 Have there been any periodic, significant criticism or attacks Yes 1 1.1 on home rule in your municipality? No 81 93.1 What does this record show? The record would seem to indicate that there has been growing voter acceptance of home rule in the communities which are using home rule powers. While taxation is a major use of home rule powers, the home rule taxes employed spread the cost of local government to non-residents as well as to residents and appear to be easing municipal reliance on property taxes. Finally, home rule communities are employing home rule powers for purposes other than taxation,principally to promote economic development and enhance governments' ability to address a wide range of local problems using regulatory and other measures. Home Wile, in short, appears to have proven itself an important weapon in empowering local governments to respond constructively to voter and quality of life concerns. olic p Yp ro iles Center for Governmental Studies Northern Illinois University EDITORIAL ADVISORY BOARD: ABOUT THE CONTRIBUTORS: I ken Aiderxm James M. Banovetz is a senior research /:w,lain I)l'o"loll 111im6 111ni,iprrl I fellow at the Center for Governmental Studies, kuli� liuctuic Northern Illinois University. A specialist in Lrc°rnlnvc Dirrrn>>: R&luuurn. local government administration and manage- ' ' 1nrUnru 11/innin 1 nh�f��in ment, he was a consultant to the Local Philip Bus Government Committee of the 1970 Illinois /'. �<<uuirc Dir�'rvnj: l\�rnc° t�unrrn� D7rr1<,pnx�nt Constitutional Convention. His research on Illinois home rule has been published in 0`pcn tmc in Illinois Issues, Northern Illinois University 5tev cn C. Caricr Law Review,Illinois Municipal Review,and in ('in :11ana rcr; L'hr of t Yi<rntp�i�>>r the Midwest Regional Science Quarterly. Robert J. Christie " '• � + = Thomas W. Kelty is a principal in the _ I ice oral /lost 1'nhGr t/%airs. "urthirr.w`"� Springfield, Illinois, firm of Kelly Law 11r�ria L,,nL1v.Shitr'l Offices, P.C., where he concentrates in the 8; Roberta Lynch areas of municipal law, municipal finance, D<putr Director:-I mcricair 1,dcration nt land use planning and development, corpora- Slow. County d alnnicipal Ling/ores'' tion law, and commercial litigation. General DOW-das L. Whitley Counsel to the Illinois Institute for Local •t 11/vIident. Illinoi.� (`hamhcr o/ (omnrc a" Government Law, he has represented hun- John Zeunick dreds of Illinois cities, villages, and counties t over the last 30 ears. ' ('uunh .aclmini.nrutuc .4/rLeun (�utrnm Y 'The views expressed in this edition of Policy ProfHes are those of James M.Banovetz and Thomas W. Kelty and do not necessarily represent the views of the Center for Governmental Studies or of Northern Illinois University. JIlIS83AINn 5 L L09 sloullll `gle>laa SIONIIII N831111lON rillS.lanlun sloullll W8141JON awd satpnjS leluauauaanoq.lot.lalua:D 30t/1SOd "S'n ��' od 11JOUdNON sa?1 a✓L�i ' a1S 18SUd 1 41 0 Home Rule In Illinois A Resource Guidefor the City of Geneva June 3, 2005 of C1,1r. a L. V � r1(1N0 City of Geneva Administrative Services Department Memorandum To: Mayor Burns and City Council From: Kim Warren, Administrative Services Assistant CC: Phil Page, City Administrator Mary McKittrick, Assistant City Administrator Date: June 3, 2005 Re: Home Rule Resource Booklet The goal of this booklet is to provide an overview of Illinois home rule information for the Geneva City Council. This booklet will help answer and address some common questions and concerns that Elected Officials, City staff, and citizens often have about home rule. The first section of this booklet is in a frequently asked questions format and answers are provided through excerpts from articles written on home rule. The second section contains full text articles about home rule, including all articles refered to in the FAQ's section. Please look over the provided booklet and feel free to share the information with citizens. If you have any questions please contact Kim Warren at 232-8171 or Mary McKittrick at 262-8495. Frequently Asked Questions About Home Rule What is Home Rule? Black's Law Dictionary defines "home rule" as: State Constitutional provision or type of legislative action which results in apportioning power between state and local government by providing local cities and towns with a measure of self-government if such local government accepts terms of the state legislation. From the above-cited definition, one can clearly identify what the goal of home rule is -- "self-government." Home rule is a term which was given to a concept created to provide units of local government with an in- creased means of local control. The theory behind home rule was that some problems are inherently local in nature and, thus, are better dealt with at the local level since a "one-size fits all" state legislative solution couldn't possibly foresee problems which are uniquely local in nature. The creation of home rule was triggered by the increasing urbanization and complexity of society. As municipalities became larger and less rural, they desired governmental independence and the ability to deal with local problems at the local level. What home rule does is to reverse what is commonly known as "Dillon's Rule. ,2 "Dillon's Rule" stands for the proposition that in order for a municipality to be able to act or legislate in a given area, it must point to statutory authority to act or its actions must be necessarily implied from a given statute. Thus, prior to home rule, municipalities had to point to a specific statute in order to act. *Excerpt from: Illinois Municipal League, Municipal Review Magazine Legal Q&A (Published June 1997)By Beth Anne Janicki and Lore Ann Verkuilen What is the History of Home Rule in Illinois? Home rule powers were granted to municipalities through the 1970 Illinois Constitution, rather than the legislature. One should begin with the 1970 constitution in describing Illinois' particular brand of home rule. The specific grant of home rule authority is found in Article VII, Section 6 of the constitution. The array of powers which are given the collective title "home rule" is provided in the following language: "Except as limited by this Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to,the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt." The significant limitations of"this Section" itself are: a)Home rule units have constitutional limits on their taxing power. No ad valorem property tax receipts may have a maturity period longer than forty years. Home rule units may not"license for revenue or impose taxes upon or measured by income or earnings or upon occupations." b)Home rule units have constitutional debt limits. The General Assembly may, by a three-fifths vote, limit debt incurred which is payable through any funds other than ad valorem property tax receipts. When debt is secured through property taxes, the General Assembly may set limits and require referenda for any amounts over the following limits: (1) if its population is 500,000 or more, an aggregate of three percent [of the assessed value of its taxable property]. (2) if its population is more than 25,000 and less than 500,000 an aggregate of one percent [of the assessed value of its taxable property]. (3) if its population is 25,000 or less, an aggregate of one half percent [of the assessed value of its taxable property]. 2 c)Home rule units have constitutional limits on their power to punish. No home rule unit may"define or provide for felonies,"nor can any home rule unit define or provide for any Class A misdemeanors without specific statutory authority from the General Assembly. In addition to the constitutional limits on home rule authority, legislative restrictions are also allowed. The General Assembly's authority to limit home rule legislatively is divided into two classes, each with a different voting threshold. The state legislature may preempt home rule authority by simple majority when it is willing to reserve for itself the exercise of a specific power. In these cases, the state must be willing to shoulder the burden in order to deny a particular power to home rule units. The second class involves situations in which the state does not wish to take control of the issue but still wishes to restrict the municipalities from doing so. In such cases, the standard Illinois supermajority vote, three-fifths, is required. Through either of these mechanisms, the state must be willing to put a certain degree of extra effort into attempts to restrict home rule powers. *Excerpt from: The Journal of Regional Analysis and Policy Local Government Revenue Structure: Does Home Rule Matter?By Tom Rooney Do Home Rule Communities Levy More Property Taxes? Does adopting home rule mean that property taxes will increase? The opponents of home rule—the optional system for empowering city and village governments to act—assert that property tax increases are the inevita- ble consequence when home rule is adopted. An examination of the record does not support opponents' claims. Several scholarly studies have been made of the use of property taxes in home rule cities and villages during the 32 years since home rule first became available to Illinois cities and villages. This article summarizes the results of those studies. A study of 134 home rule and 104 comparable nonhome rule communities recently published in the Journal of Public Eco- nomics reported that property tax rates levied by non-home rule communities prior to the adoption of tax caps rose 61 per cent faster than rates levied in the home rule communities over the same period of time. Further, the study found that the rate of increase in property taxes in the two communities were comparable despite the fact home rule home rule communities were not subject to tax cap limits. An earlier study by Professor Robert Albritton reached similar conclusions. It found that population size and geographic location had a greater effect on the rate of increases in property tax levies than home rule status, and that,when controlled for these variables, the average property tax levy for home rule communities was the same as the average property tax levy for non-home rule communities during the first ten years of Illinois' some rule experience. A just completed survey of Illinois home rule communities found that home rule communities are less depend- ent on property taxes for their revenues than are non-home rule communities. On average, according to annual surveys published by the Office of the Illinois Comptroller, cities and villages derive 25-30 percent of the revenues from property taxes. The 2002 survey of Illinois home rule communities found that, on average, home rule communities derived 10 to 20 percent of their revenue from property taxes, depending upon their population and geographic location. To be sure, there are some—fewer than one in five home rule communities at last count—that do levy property taxes at rates higher than would be allowed by statute for non-home rule communities. But not even these 3 communities use all the taxing powers given to non-home rule communities by law. Rather, in these communi- ties, elected officials have determined that local residents would rather pay higher property taxes than some of the other taxes, like utility taxes, which non-home rule cities can levy to finance the services they provide. In short, there is no economic data that supports the contention that property taxes necessarily or even usually increase faster in home rule communities than in non-home rule communities. Available evidence also suggests that voters in Illinois home rule communities do not believe that home rule has led to undesirable rates of taxation. Voters in all home rule communities have the option to stop home rule tax levies by voting home rule out. And, indeed, in the last 32 years, home rule opponents have succeeded 29 times in placing the elimination of home rule on the ballot in a home rule community. Most of the resulting election campaigns were fought on the issue of whether taxes, and especially property taxes, were being mis- used. Voters approved the retention of home rule powers in 25 of these 29 elections, or 83 per cent. In the aggregate, they voted by a margin of more than 3-2 to retain their community's home rule powers. *Excerpt from: Illinois Municipal Review,April 2003,The Status of Illinois Home Rule,Part III: Do Home Rule Communities Levy More Property Taxes? By James M. Banovetz and Thomas W.Kelty How Have Illinois Home Rule Municipalities Used Their Authority? A recently completed survey(2002), sponsored jointly by the Illinois Municipal League and the Illinois City/ County Management Association, offers new insight into the way home rule governments use their home rule powers. All Illinois' home rule municipalities were asked how they were using home rule powers. tablethive Use of Home Rule Taxing Power, 2002 Kind of Tax No. of Municipalities Using It % of Total :VIL11111111al retail sales taxes* 53 60.9 llolcl-1-11,11 l tax 52 59.7 Real (stile 11"1114ertax 31 35.6 `�._llk::,; tax on restaurant food & beverages 22 25.3 t ; {sol ine tax 15 17.2 A1111IStimont tax 12 13.8 Wl1kcl tax 7 8.0 lt,°ta l sale of new motor vehicles tax 2 2.3 Use of Natural (3as 2 2.3 Other 4 4. Number reporting not using any 114011lc mile tax 14 16,1 *See the disc fon a f sales rcrecs far f2fffher explanarion a f refs fleni. 4 tablesix The Regulatory Use of Home Ride Po�vers Question Responses Question # Responses % Do you use home rule to: 1. Develop regulations on: 2. kilaaae in licensing, or franchising: Curfew 18 Zia 1 NLIOI- SaleS l 5 t 7 Environrnent t I 13 TOW11-1-U [ruck operators 13 15 Liquor sales or use 35 40 Cable -1--V l 6 18 zotl 111"1 42 48 Utilities 13 15 )111 C F_ Ll Vk2 11il le, CL)11,:L2 I.11_ 13 15 Mobile Honies 9 10 Land use [il-,inii M.,. suhdivision 34 39 1VUI-Sit1c, 110t1WN! 7 8 Control retirement C0111111unities *Excerpt from:Policy Profiles Vol.2,No. 3 August 2002. Center for Governmental Studies,Northern Illinois University. Issue: The Uses of Home Rule with Special Emphasis of Taxation. How Do Voters Feel About Home Rule? Voter attitudes toward home rule Voters' attitudes toward home rule appear to have become more positive in recent years. In home rule's early years, 1971-75, referenda approving home rule outnumbered those disapproving by a 3-1 margin. That margin slipped to less than 1.5 to I in the 1976-85 period, then fell further to 1-1.3 against in 1986-99 period. But since the turn of the century, voter approval has turned positive, if just barely. There were 13 referenda on home rule in the first three years of the 21 st century; home rule was approved in seven of these elections. But this record combines two very different kinds of elections: adoption referenda and retention referenda. Adoption referenda There have been 158 referenda since 1971 in which municipal voters have had the opportunity to adopt home rule. They did so in 77 of these elections, or 49 per cent. That means voters turned down home rule in 81 elections. In five communities, voters rejected home rule in more than one election. In five others, voters rejected home rule when it was first put on the ballot, then adopted home rule in a later election. In Lincoln- wood and Oakbrook Terrace, voters rejected home rule twice before finally adopting it in a third election. From another perspective, of the 153 communities which have had referenda to adopt home rule, 77, or 50 percent,ultimately did so. Of these 77, 75 communities, or 97 per cent, still operate under home rule powers. The two who do not are National City, which was dissolved as a municipal corporation when its last residents moved away, and Lisle, which later abandoned home rule by referendum. In addition to Lisle, three other communities which gained home rule by referendum also had a subsequent referendum on the retention of home rule powers. In all of these cases, Berkeley, Lincolnshire and Rolling Meadows, voters opted to retain home rule. 5 Home rule retention elections There have been 31 elections in which voters were asked whether or not they wished to keep the home rule powers already provided to their community. Voters chose in 27 of these elections, or 87 per cent, to retain their home rule powers. Retention elections occur for either of two reasons: (1)voters dissatisfied with their community's use of home rule powers may petition the court for a retention election this has happened 25 times; or(2) a community which gains home rule powers by population is required by law to hold a retention election if its population later falls under the 25,000 ceiling this has happened six times. Of the 25 retention elections held in response to voter petitions,home rule was retained in 21, or 84 per cent of the elections. Home rule was retained in all six of the retention elections held because a community's population had fallen under 25,000. In the aggregate, voters in retention elections chose, by a margin of greater than 2-1, to retain home rule powers. Is home rule an issue with voters? In a survey of all home rule communities undertaken jointly by the Illinois Municipal League and the Illinois City-County Management Association in 2001-02, communities were asked whether: (1) there had been a recent effort to submit a petition to call for a retention election to abandon home rule, and(2) there had been any periodic, significant criticism or attacks on home rule in the community. Of the 83 communities responding to the survey, 91 per cent answered "no"to both questions. These findings suggest that the use of home rule powers is not generating significant opposition among voters in communities which already have home rule. This conclusion also finds support among the referenda record on home rule. Understandably, and appropriately, the mixed results of home rule adoption referenda indicate that voters considering the adoption of home rule are very skeptical about giving a broad grant of power, including tax power, to their municipal government. On the other hand, the support shown for home rule in retention elections indicates that a substantial majority of voters in home rule communities trust their local officials with home rule powers. Indeed, in one of the most recent retention elections, held at the request of a voters' petition in Rolling Meadows in 1999, voters supported home rule by a margin of more than 9-1. *Excerpted from: Illinois Municipal Review,December 2002,The Status of Illinois Home Rule, Part I:Home Rule Cities And The Voters,By James M. Banovetz 6 Recent Articles Written on Home Rule Legal Q & A (Published March 199 7) By BETH ANNE JANICKI, Chief Legal Counsel, IML and LORI ANN VERKUILEN, Paralegal, IML This monthly column examines issues of general concern to municipal officials. It is not meant to provide legal advice and is not a substitute for consulting with your municipal attorney. As always, when confronted with a legal question, contact your municipal attorney as certain unique circumstances may alter any conclusions reached herein. Q: How does an abstention from voting by a council or board member count? A: For various reasons, city council and village board members frequently find themselves abstaining from voting on a particular matter or matters. The question then arises as to how that vote should be treated. The Illinois Municipal Code is silent regarding how a vote in abstention should be counted. Thus, we are left to look elsewhere to determine whether an abstention counts as a "yea" or a "nay" vote. The Illinois Supreme Court case of Prosser v. Village of Fox Lake is the prevailing authority on this issue.'In Prosser, a village trustee sought to have the operation of two village ordinances enjoined because the trustee claimed that three "aye" votes (of a six member board) did not constitute a "concurrence of the majority" of the board members.? In Prosser, three board members voted "yea," one voted "nay" and one abstained. The court was faced with the issue of whether the abstention counted as a "yea" or a "nay" vote. The court held that where a concurrence of a majority is required by statute for the passage of a measure, when a member abstains from voting it would be assumed that he or she concurred with the majority.3 The Prosser court reasoned that: If a quorum is present, municipal legislators cannot avoid their voting responsibilities by refusing to vote when present at a meeting. (see Launtz v. People ex. rel. Sullivan (1985), 113 111 137, see also People ex. rel. Anderson v. Chicago and Northwestern Ry. Co. (1997) 396 I11 466.)A legal significance or effect must be given to each failure to vote by a municipal legislator who is present at a board meeting in order to prevent frustration or abuse of the legislature process (State ex. Page 1 rel. Young v. Yates (1897) 19 Mont. 239, 47 p. 1004) He should not be allowed to have his physical presence counted toward the constitution of a quorum and at the same time be allowed to deny in effect, his official presence by a failure to vote.4 The Prosser court distinguished between situations where a statute requires an "affirmative vote" and where a "concurrence of the majority" is required holding, that in the first instance any abstention would have the effect of a "nay" vote and in the second instance it would constitute an acquiescence with the majority.5 Thus, the general rule is that if a statute requires a "concurrence of the majority," the abstention is counted with the majority vote. The situation, however, may be different if a council member abstains because of a personal or pecuniary interest in the matter being voted upon. This situation was discussed in an ISBA Local Government Law newsletter: Where a member either has been disqualified or abstained because of interest in the subject matter under consideration, his vote in abstention does not seem to fall within the general rule of acquiescence, although some courts have applied that rule. 63 A.L.R. 3d 1072, 1080. While the corporate authorities of a city or village have the power under state statutes as well as the Illinois Constitution to adopt their own rules of order to govern proceedings and voting procedures - and usually have done so - those rules may not be inconsistent with state statutes. In the event the municipality possessed home rule powers, it could adopt the better rule, treating an abstention in these circumstances as if a vacancy had occurred by reason of death,resignation or disqualification; i.e.: the total number of members of the corporate authority would be regarded as having been reduced by the number of members abstaining because of conflict of interest.6 Thus, if a member abstains because of prohibited conflict of interest as defined in 65 ILCS 5/3.1-55-10 or 50 ILCS 105/3 and 105/4, a question arises as to the effect of that abstention. There is no case law in Illinois which directly addresses this point. However, a public officer can violate these provisions without actually voting since the prohibition is against any interest in a "contract or the performance of any work in the making or letting of which such officer may be called upon to act or vote.'An officer cannot escape from being called upon to act or vote. Therefore, any officer having such an interest must effectively resign from office, since he cannot avoid the prohibition by abstaining from voting.$Any conviction of the conflict provisions constitutes a class IV felony and, Page 2 among other penalties, results in removal from office. Thus, a close examination must be made to determine whether an actual conflict of interest exists since in the event he or she has an actual conflict, such an official must resign or risk prosecution from committing a Class IV felony. In the event of such resignation, obviously the total membership of the board or council would be reduced accordingly, very likely changing the total needed for a majority or extraordinary majority vote, as the case may be.9 Further, the conflict of interest provisions provide several exceptions wherein the member is permitted to abstain from voting. In these situations and also in situations involving common law conflicts, the abstention would most likely be treated as an abstention for any other reason within the reasoning set forth in Prosser. In conclusion, whenever a statute requires the concurrence of a majority of a public body, an abstention vote is counted as acquiescence with the majority vote. If an affirmative vote is required, then nothing more than an actual "aye" or "nay" vote will count, and any attempt to abstain from voting or failing to vote will have the effect of a "nay" vote. In some situations,however, the statutes will require something different, such as a "favorable vote" of the aldermen or trustees or a conflict will prevent a member from voting. The best advice to follow under those circumstances is that of your city or village attorney. NOTES 1. 91 Ill. 2d 389 (1982). 2. Section 3.1-40-40 of the Illinois Municipal Code requires that all ordinances be passed by a concurrence of a majority of all members holding office,unless otherwise provided. (65 ILCS 5/3.1-40-40). 3. Prosser, 91111. 2d at 395. 4.Id. at 394 5.Id. at 395. See also Lake County Forest Preserve District v. Northern Trust Bank, 207 Ill. App. 3d 290, 265 N.E. 2d 715 (2d Dist. 1990). Page 3 6. John T. Zimmerman, The Effect of Abstention Voting by Municipal Officials 25 ISBA Local Government Law, Vol. 6 (March 1989). 7. 50 ILCS 105/3. 8. Peabody v. Sanitary District of Chicago, 330 Ill. 250 (1928). 9. See supra, note 6. Page 4 ■ r 1 es Of 11 February 2001 Center for Governmental Studies Northern Illinois University This article may be reproduced Issue: Illinois Home Rule:A Thirty Year A ssessm en t in its entirety with attribution to the Center for Governmental The home rule provisions in Illinois' 1970 constitution represent a Studies,Northern Illinois unique innovation in the way states bestow power and authority on University, DeKalb, Illinois. their city and county governments. Through its home rule system, Illinois gives the broadest and most liberal authority to cities and counties of any state in the nation. With Illinois now completing thirty years of home rule experience, the time is appropriate to undertake a comprehensive assessment of Illinois' experience with home rule. Such is the task of the following paragraphs. Mo uses home rule? Fbw do voters feel about home At the time of the November 2000 rul e? elections,Illinois had 147 cities and villages and one county(Cook)with Because having a referendum on home home rule powers. Of the home rule rule is relatively easy,there have been cities, 77 had gained home rule by 191 such referenda—an average of virtue of their size(all cities over more than 6 per year—in Illinois 25,000 are granted home rule auto- home rule's thirty year history. As matically unless it is rescinded in a might be expected,the aggregate of city referendum) and 70 had gained those referenda present a mixed voter home rule by referendum(the consti- reaction to home rule.Voters sup- The gives cities under 25,000 this ported home rule in 97 of those mission of the Center option). A list of current home rule referenda and rejected it in 94 others. users is provided in Table 1 on the for Governmental Studies next a e. p g As Table 2 (on page 3) shows,how- includes education of the ever,there are three different kinds of Ironically, although a minority of home rule referenda and each reflects municipalities and counties have home a different picture of voter attitudes public on important public rule,over seven million Illinois toward home rule. residents live in a home rule commu- nity—and most have done so for more than a quarter of a century. Thus one in a series of policy it is safe to conclude that Illinois voters have had widespread experi- ence with home rule. objective view of an issue. Page 5 2 Center for Governmental Studies Northern Illinois University p d i cyp roles t abi eone I-bme RiI e lhi is i n I I I i not s as of November 2000 Cities and villages adopting home rule by referendum have the date of the referendum indicated. Those with no date gained home rule automatically because of population size. I. Counties Cook II. GtiesandMllages Addison Des Plaines Mascoutah, 1979 Rock Island Alton Dolton Maywood Rolling Meadows, 1985 Alsip, 1990 Downers Grove McCook,1971 Rosemont,1972 Arlington Heights East Hazel Crest, 1989 Mettawa, 1990 St.Charles Aurora East St.Louis Moline Sauget, 1976 Barrington Hills, 1990 Elgin Monee, 1996 Schaumburg Bartlett Elk Grove Village Monmouth,1999 Schiller Park, 1994 Bedford Park, 1971 Elmhurst Morton Grove Sesser, 1989 Belleville Elmwood Park Mound City, 1973 Skokie Bellwood, 1994 Elwood, 1997 Mount Prospect South Barrington, 1975 Berkeley, 1994 Evanston Mt.Vernon, 1986 South Holland Berwyn Evergreen Park, 1982 Muddy, 1981 Springfield Bloomingdale,1996 Fairview Heights, 1993 Mundelein Standard, 1975 Bloomington Flora, 1975 Murphysboro,1994 Stickney, 1974 Bolingbrook Freeport Naperville Stone Park, 1972 Bryant, 1974 Galesburg Naples, 1982 Streamwood Buffalo Grove, 1980 Glendale Heights Niles Sycamore,1996 Burbank Glen Ellyn Normal Thornton,1980 Burnham,1980 Glenview Norridge,1973 Tinley Park Cahokia, 1997 Glenwood, 1986 Northbrook University Park, 1975 Calumet City Golf, 1976 North Chicago Urbana Calumet Park, 1976 Granite City Northlake, 1994 Valmeyer,1994 Carbondale Gurnee Oak Forest Washington, 1998 Carol Stream Hanover Park Oak Lawn Watseka Carpentersville,1993 Harvey Oak Park Waukegan Champaign Harwood Heights, 1995 Old Mill Creek, 1993 West Dundee, 1990 Channahon,1982 Highland Park Orland Park Wheaton Chicago Hillside, 1995 Palatine Wheeling, 1977 Chicago Heights Hodgkins,1996 Park City, 1973 Wilmette Chicago Ridge, 1994 Hoffman Estates Park Forest Woodridge, 1975 Cicero Inverness,2000 Park Ridge Country Club Hills, 1993 Joliet Pekin Countryside,1972 Kankakee Peoria Crystal Lake Lake Barrington, 1991 Peoria Heights, 1986 Danville Lansing Peru, 1981 Darien Lincolnshire, 1975 Quincy Decatur Lincolnwood,1997 Rantoul,1982 Deerfield, 1975 Manhattan, 1996 Robbins, 1998 DeKalb Marion, 1994 Rockdale,1982 Page 6 Center for Governmental Studies Northern Illinois University p d i cyp roles t abl etwo I-bme Ril e Werenda F;b=d Total Total Peferenda Municipal Municipal County Number For+or Against- Pdoption Fbtention Adoption Of F-bme Rile Referenda Referenda Fbferenda Years P--ferenda + - %+ + - + - + - 1971-75 36 20 16 56 19 7 1 0 0 9 1976-80 42 21 21 50 8 17 13 2 0 2 1981-85 23 16 7 70 9 5 7 2 1986-90 27 11 16 41 9 16 2 0 1991-95 36 17 19 46 15 19 2 0 1996-2000 27 12 15 44 12 15 Totals 191 97 94 51 72 79 25 4 0 11 Note: Table summarizes all home rule referenda held prior to November 2000. November 2000 data not available when this report was prepared. ment by encouraging the use of elected Madison) adopted this plan. Many Do county voters support home county executive officers—an office other counties have passed ordinances rule? previously used only in Cook County. creating the office of county adminis- The framers used home rule as an trator to strengthen the executive No. Nine counties held a total of inducement to the voters to adopt such function in county government. eleven referenda between 1972-76 to a change. Instead,by combining two adopt home rule. All failed by substan- separate issues in one referendum,the The fact that these structural changes tial margins. In the aggregate, county framers effectively blocked the have taken place but county home rule voters rejected home rule by a margin adoption of either an elected county has still not been adopted by referen- of 3-1. No county has attempted such executive or home rule. dum further emphasizes county voters' a referendum since 1976. rejection of home rule for counties But the legislature later gave voters other than Cook.Voters in Cook But the picture is more complex. The another option: a county executive County have never attempted to framers of Illinois' 1970 constitution plan without home rule. Voters in rescind county home rule. wanted to strengthen county govern- several counties (e.g. Kane, Will, Page 7 4 Center for Governmental Studies Northern Illinois University p d i cyp roles Are city and vi I I age voters more t abl ethree Herne RbI e Fbtent i on Werenda supportive of home rule? Year Community CLtcome Year Community CLtcome Yes.In home rule adoption referenda, 1972 Danville Retain 1981 Dolton Retain home rule support and opposition have been much more evenly divided. There 1976 Aurora Retain Calumet City Retain have been 151 municipal adoption Park Ridge Retain Lombard Abolish referenda: voters in 74 referenda voted to adopt home rule;voters in the 1977 Elgin Retain Maywood Retain remaining 79 referenda voted not to Lisle Abolish South Holland Retain adopt home rule. 1978 Rockford Retain 1982 Evergreen Park Retain But some communities have had more Rock Island Retain Rantoul Retain than one referendum. Alsip, 1979 Decatur Retain 1983 Rockford Abolish Bloomingdale, Lincolnshire, Sesser, and Stickney voters first voted to Glenview Retain 1985 Berwyn Retain reject home rule and later voted to 1980 Elmwood Park Retain 1987 Pekin Retain adopt it. Lincolnwood voters twice voted to reject home rule and then Highland Park Retain 1990 Decatur Retain adopted it in the third referendum. Lincolnshire Retain 1992 Berwyn Retain Long Grove voters have rejected home rule in three different referenda. Lisle Morton Grove Retain Park Forest Retain voters first adopted home rule and two Peoria Retain years later voted it out. Correcting for these multiple referenda,the final Villa Park Abolish figures emerge: 141 communities have Wilmette Retain had one or more referenda on whether to use home rule. Of these, 72 adopted Referenda Retaining Home Rule: 25 home rule and 70 continue to use it. (Besides Lisle,National City also once Referenda Abolishing Home Rule: 4 had home rule,but the community Total Retention Referenda: 29 ceased to exist when the last of its 45 residents moved away). such referenda;voters have opted to De voters in communities with retain home rule in 25 or 86 per cent home rule support the home rule (see Table 3 above). In the aggregate, system? voters living in home rule communi- ties have opted,by a margin of 3-2,to Home rule's greatest voter support,by retain their community's home rule far,has come in referenda held to powers. decide whether or not a community's existing home rule system should be retained. There have been a total of 29 Page 8 Center for Governmental Studies Northern Illinois University 5 p d i cyp roles Of the four communities which had legislative mandates. They stress the Morton Grove home rule ordinance and then abandoned home rule,the greater flexibility home rule gives prohibiting hand gun ownership. voters in two—Lisle and Rockford local governments to deal with issues However, the Illinois Supreme Court —reacted negatively to actual or of community development, to prevent ruled in 1984 that the ordinance did proposed home rule use. In two others community blight, and to shift local not violate any constitutional rights —Lombard and Villa Park—voters tax burdens to non-residents,primarily under either the Illinois or U.S. rejected home rule in the mistaken through sales and use taxes. constitutions. (Kalodimos v Morton assumption that it would lower their Grove, 1984). taxes (mistaken because their home Opponents of home rule focus upon rule powers had not been used to levy the threat of unwanted and excessive Anticipating the potential for abusive any taxes). taxation under home rule govern- use of home rule powers, the framers ments. Sometimes,too, opponents of the 1970 Illinois constitution The experience of these four commu- argue that home rule gives local established constitutional safeguards nities demonstrated that voters can, governments the power to suppress to prevent such abuses. There are three when motivated to do so, abolish an individual rights. kinds of such safeguards: electoral operating home rule system. recision discussed above, legislative Mat does the record show on preemption, and judicial review. The Sc), how do voters feel about home these Issues? latter two are discussed in the follow- rule? ing paragraphs. There is a diverse body of evidence In the 152 Illinois local governments that indicates that home rule communi- Mat is legislative preemption and that have tried home rule in the last ties have used their more flexible how has it worked? thirty years, 147, or 97 per cent, still powers in innovative ways to address have it. Voters in only 26 of these local problems. The most commonly Recognizing that there would be communities, or 17 per cent,have cited uses of home rule powers have overlaps between state and local even challenged the system with a involved economic development, governments in the exercise of power, retention election. In short, where control of community development, the Illinois constitution gave the home rule has been tried in Illinois, reduced borrowing costs, and local tax Illinois General Assembly the author- voters have been supportive of it. burdens shifted to non-residents. ity to preempt or take away home rule powers by a 3/5ths vote of both houses Mat issues have concerned Opponents argue that home rule brings or to provide for the exclusive state voters? much heavier tax burdens for local exercise of a power by a simple residents. Their claims rely on anec- majority vote of both houses. These Supporters of home rule have pointed dotal,not empirical evidence. Surpris- provisions give the legislature broad to the value of local authority and ingly,they do not cite their most leeway to reduce home rule powers. flexibility to address local problems, compelling case—the City of Rock- But,while the Assembly has used its lessened dependence upon the state ford—where voters abolished home preemption powers to deal with legislature, and more freedom from rule after the city council enacted a specific issues,it has not seriously series of property tax increases. eroded the home rule authority set forth in the constitution. In contending that home rule powers are used to suppress individual rights, opponents of home rule cite the Page 9 6 Center for Governmental Studies Northern Illinois University p d i cyp roles In some respects,the legislature has Third,the legislature has established In the last ten years,the legislature been supportive of home rule power. exclusive state authority over certain also initiated the practice of "partial It has, for example, stipulated by law personnel policies in local govern- exemptions"—imposing obligations that no legislative enactment shall be ment. Again,the legislature has or denying powers to some but not all construed as restricting home rule protected the obvious benefits that home rule units. To date,partial power unless that enactment has stem from uniform state-wide prac- exemption laws have treated Chicago "specific language limiting or deny- tices, such as state-wide municipal differently than other home rule units. ing"the home rule power. employee retirement programs, in this This practice weakens home rule by field. splitting the block of legislators who Except for a series of bills restricting represent the interests of home rule home rule authority to license or Fbs the legislature preempted any governments in the legislature. The regulate specific occupations,the home rule tax powers? result has been preemptions of home General Assembly did little in home rule powers that local governments rule's first 15 years to limit home rule The final category is legislative action have been unable to prevent. powers,but such limitations have taken to limit home rule tax powers. become more common in the last 15 The legislature imposed a referendum HDw has judicial review affected years. requirement on the use of a real estate home rule powers? transfer tax, effectively limiting further Legislative limitations can be grouped use of the tax. It also eliminated home Specific uses of home rule powers into several categories. In one category rule authority to impose local sales have often been challenged in the are laws like the Open Meetings Act taxes. In the latter instance,however, courts which, in turn,have frequently and statutes containing state-wide it authorized home rule units to raise but not always upheld a liberal rules governing public labor relations. the rate of the local portion of the state interpretation of home rule powers. These apply state-wide principles of sales tax levy. Thus,while limiting For example,besides the Morton good government to home rule units. home rule power and flexibility,the Grove handgun ordinance, the courts A second category has clarified the legislature protected home rule access have upheld: the sale of general state's exclusive role in regulating to additional revenues from the use of obligation bonds without a referendum certain businesses and activities. For the sales tax(called the retail occupa- (Kanellos v County of Cook, 1972); a instance,to reduce drunk driving tion tax in Illinois law). home rule ordinance that authorizes accidents, the legislature took away actions contrary to state statutes home rule powers to set minimum Perhaps most important is what the (Rozner v Korshak, 1973), and a home ages for the purchase of alcoholic legislature has not done. It has not rule ordinance that legislates concur- beverages,but it also eliminated authorized local use of an income tax; rently with the state on environmental particular drinking age problems it has not imposed a limit on real matters (Chicago v Pollution Control which had faced communities with estate taxes levied with home rule Board, 1974). college campuses. powers; and it has not imposed limits on borrowing and indebtedness by home rule units. Furthermore,the legislature has exempted home rule units from complying with tax caps recently imposed on the annual rate of increase in local property taxes. Page 10 Center for Governmental Studies Northern Illinois University p d i cyp roles But the courts have also been willing As the body of case law regarding to constrain home rule uses it views as home rule has grown,the courts have excessive. It refused, for example,to tended to reaffirm the precedents set in enforce a Des Plaines noise pollution the early years. For instance,the courts ordinance against a railroad,holding reaffirmed, in 1998,that, despite that noise pollution was a matter ordinances to the contrary,home rule requiring regional or state-wide rather municipalities have a duty to bargain than local regulation(Des Plaines v collectively with employee unions Chicago &Northwestern Ry., 1976). (Public Labor Council v Cicero, It struck down ordinances altering the 1998); and they reaffirmed the prin- statutory appointment powers of ciple that implied preemption is not municipal officials, (Pechous v sufficient to deny home rule communi- Slawko, 1976), and an ordinance ties the power to regulate matters of imposing a local fee on filing cases in local affairs (Bolingbrook v Citizens civil court(Ampersand v Finley, Utility Co, 1994; Barrington Police 1975). Pension Fund v Barrington Ethics Board, 1997). The Supreme Court has The courts have treated the use of also upheld partial preemption(Nevitt home rule taxing powers in a similar v Langfelder, 1993). manner. They have: upheld home rule wheel taxes (Gilligan v Korzen, 1974), So what does al I of this mean for upheld Chicago's employers' expense Illinois' home rule system? tax(Paper Supply v Chicago, 1974), and approved a home rule admissions All of this means that the home rule tax(Cicero v Fox Valley Trotting system adopted in Illinois as part of Club, 1976; Kerasotes Rialto Theatre the state's 1970 constitution has v Peoria, 1979),but they struck down demonstrated after thirty years,that it home rule utility tax levies which is a workable system for empowering exceeded statutory rate limits local governments. Illinois home rule (Waukegan Community Unit School has served, and continues to serve over District v Waukegan, 1983). seven million people in 148 local governments. It gives residents in non- The courts thus have demonstrated home rule counties, cities, and villages that they will constrain home rule additional options when searching for actions they deem to be beyond the new ways to solve community prob- scope of constitutional and statutory lems. restrictions. Page 11 pd i cyprofiles Center for Governmental Studies Northern Illinois University Page 12 The J-1 o[ Regional Analysis JRAP(2002)32:1 —& Policy Local Government Revenue Structure: Does Home Rule Matter? Tom Rooney* Abstract. This paper focuses on the question of whether home rule authority as granted under the Illinois Constitution results in changes in municipal tax structure and tax effort. Analysis of the data collected for this paper shows that home rule authority is not a significant factor in the level of taxation imposed by a municipality. Home rule authority appears to be more valuable for regulatory purposes than for its taxation powers. 1. Introduction On December 29,1998,a group of citizens in the city of Rolling Meadows submitted petitions containing over fourteen hundred signatures to the City Clerk's office. The petitioning citizens were concerned that the city's eco- nomic development projects were becoming extravagant. The city council, according to the petitioners,had broken its self-imposed property tax caps to finance a few large economic development projects. Rolling Meadows is a city with home rule authority;accordingly,it is not subject to the State of Illi- nois'property tax legislation. The council wrote its own tax cap legislation in 1992,but it amended this legislation in 1997"to issue bonds for the$2.8 million in public improvements the city is funding as part of the 3Com deal [an incentive package to bring 3Com Corporation to Rolling Mead- ows]."(Wandling 2001) The petitioners felt that the city council needed to be restrained through some mechanism that the council had no authority to al- ter on its own. The petitioners chose to attempt to limit the city council through the following referendum question: "Shall the City of Rolling Meadows,presently a Home Rule municipality,elect to become a Non-Home Rule Municipality?" Passage of this referendum would repeal the city's home rule authority in its entirety. 'Thomas Rooney is a high school social studies teacher in the Chicago suburbs and a 2001 graduate of the Master of Public Administration program at Northern Illinois University. Page 13 68 Tom Rooney While approximately 10% of the municipalities in Illinois possess home rule authority2 and many have had home rule for decades,the example of Rolling Meadows shows that home rule authority cannot be taken for granted. The referendum in Rolling Meadows also illustrated a more com- plex issue. During the discussion and debate on the referendum,some sig- nificant issues were without clear answers. Citizens on both sides of the ref- erendum hypothesized about the possible impact of the loss of home rule in the areas of revenue,regulation,etc. Hypothesizing was necessary for the simple reason that many significant points have no clear precedents for guidance. Perhaps the most significant issues without clear answers were those re- garding taxation. The proponents of the referendum argued that revoking the city's home rule status would decrease the taxes paid by the citizens of Rolling Meadows. Numerous petition signers reported that they had signed the petition because the petition circulator told them that the main benefit of becoming a non-home rule municipality was tax reduction. Referendum supporters asserted that if Rolling Meadows were without home rule author- ity,the tax burden of Rolling Meadows residents would decrease. On the opposite side of the argument,the opponents of the referendum argued that taxes would actually increase if the city lost its home rule authority. Their reasoning was that the city could be forced to stop collecting certain taxes and would be forced to cover the shortfall with increases in the taxes that remained. Since the city council's self-imposed tax cap was at issue,referendum proponents argued that one implication of the referendum would be a tighter cap on property taxes. The loss of home rule status would make Roll- ing Meadows subject to the state's tax caps. In Illinois,non-home rule units are subject to the state Property Tax Extension Limitation Law,or PTELL. PTELL is a state mandate that limits annual increases in property taxes to the inflation rate or five percent,whichever is smaller. If a non-home rule unit wishes to increase its rate of taxation beyond these levels,it must receive ap- proval for the increased rate directly from the voters. Home rule units are not subject to the provisions of PTELL. While a home rule unit,the council could ignore its own tax cap;as a non-home rule unit,the council could not ignore the state's tax cap. The opponents of the referendum responded that this position would lead to an inevitable contradiction.They asserted that a drastic increase in the property tax(among others)would be necessary to compensate for any lost forms of taxation,and the increase would break the very tax cap that the referendum supporters were trying to protect. Another direct implication of the proponents of the referendum was that non-home rule units had lower overall tax burdens than home rule units. This line of argument is also common when municipalities have referenda to 2 Rolling Meadows Review,editorial,March 25,1999. Page 14 Local Government Revenue Structure 69 establish home rule authority. The assertion is that certain taxes are not available to non-home rule units and that these governments are therefore strictly limited in their ability to tax. Some other taxes,like the property tax, would be limited in growth and subject to other restrictions. Other taxes would have to be scaled back. Some would even have to be revoked. All in all,the argument went,the citizens of Rolling Meadows would get signifi- cant tax relief if the city lost its home rule authority. The story of the referendum itself ended on April 13,1999,when the vot- ers of Rolling Meadows overwhelmingly rejected it with a 93% to 7% margin. However,the story of the actual substance of the debates over taxation re- mains unfinished. The loose ends from the electoral provided the genesis for this research project. The arguments involving taxation were discussed hy- pothetically by making assumptions about individual taxes,but no one really knew what the overall revenue picture of non-home rule units looked like compared to that of home rule units. This project is an effort to make such a comparison. 2. A Review of the History of Rule The concept of home rule turns around the relationship that usually ex- ists between states and municipalities. As the usual relationship is described in Dillon's Rule,municipalities exist only as creatures of the state. Accord- ingly,it follows that municipalities may only exercise powers that have been expressly given to them by the state. Under home rule,that presumption is turned around. A home rule municipality may exercise any powers that have not been denied to it by the state. The home rule concept was first put into practice in the state of Missouri in 1875 (Small 1970). In that year,Missouri adopted its third state constitu- tion"with the Southern element back in power' after ten years under a Radical Republican,Reconstruction constitution (Encyclopedia Americana 1992). The Missouri Constitution of 1875 is often cited as the beginning of home rule authority and readers can be left with the impression that the home rule gates were thrown wide open,at least in Missouri. In reality,the Missouri constitutional provision only provided home rule to two cities,St. Louis and Kansas City,in seventy years. Parallel to provisions in Illinois statutes designed to single out Chicago,home rule in Missouri was only granted to cities with a population of more than 100,000 persons(Cole 1973). (Illinois'practice of classification singles out Chicago through a 500,000 per- son threshold.) St.Louis was therefore the only home rule city in Missouri for nearly the first quarter century of home rule. Kansas City did not reach the population threshold for home rule until 1899,almost 25 years after the famous Missouri home rule provision was written. No other Missouri cities attained home rule status until the population threshold was lowered to only 10,000 inhabitants in 1947(Cole 1973). Page 15 70 Tom Rooney In the century and a quarter history of home rule,it has expanded to the point where"home rule,in one of its variants,is the practice in forty-five states."(Wandling 2001 p.14) At the turn of the 20th century,only Missouri,California,Washington, and Minnesota had provisions for municipal home rule(Wandling 2001,p. 11). By 1912,the number of states granting home rule authority had grown to 13,and by 1937 only 21 states provided for home rule (Wandling 2001,P 11-13). In 1970,when Illinois granted home rule authority to its municipali- ties,it was the thirty-sixth state to do so(Small 1970,p.235-36). Since 1970, nine more states have brought the total to 45. 3. A Review of Home Rule in Illinois The creation of municipal home rule in 1875 came five years too late to benefit Illinois'municipalities. The Illinois Constitution written in 1870,Illi- nois'third constitution,would remain in effect for an entire century. It is certainly true that Illinois could have taken the legislative route to establish- ing municipal home rule,and that Illinois could have taken the constitutional route through a simple amendment. In fact,the Land of Lincoln did dabble in both procedures during the hundred year period of the third constitution. For example,a 1904 amendment to the constitution"provide[d] some home rule powers for the city [of Chicago]."(Cole 1973,p.13) While these limited powers were of use to Chicago,they were not a grant of true home rule au- thority. In Alice Ebel's review of the 1870 Constitution for the 1970 Conven- tion,Ms.Ebel used the phrase"so-called'home rule'for Chicago" (Ebel 1970, p.235) to clarify that the powers granted through this amendment which were commonly called home rule powers were not a true grant of home rule. As home rule powers were granted to municipalities through the 1970 Il- linois Constitution,rather than the legislature,one should begin with the 1970 constitution in describing Illinois'particular brand of home rule. The specific grant of home rule authority is found in Article VII,Section 6 of the constitution.3 The array of powers which are given the collective title"home rule" are given in the following language: "Except as limited by this Section, a home rule unit may exercise any power and perform any function pertain- ing to its government and affairs including,but not limited to,the power to regulate for the protection of the public health,safety,morals and welfare;to license;to tax;and to incur debt."4 The significant limitations of"this Sec- tion"itself are: a) Home rule units have constitutional limits on their taxing power. No ad valorem property tax receipts may have a maturity period longer than 3 All citations of the Illinois Constitution come from 1970 Illinois Constitution Annotated,David R. Miller,Illinois Legislative Council,1980. 4 Article VII,Section 6,Subsection(a) Page 16 Local Government Revenue Structure 71 forty years. Home rule units may not"license for revenue or impose taxes upon or measured by income or earnings or upon occupa- tions."5 b) Home rule units have constitutional debt limits. The General Assembly may,by a three-fifths vote,limit debt incurred which is payable through any funds other than ad valorem property tax receipts. When debt is secured through property taxes,the General Assembly may set limits and require referenda for any amounts over the follow- ing limits: "(1) if its population is 500,000 or more,an aggregate of three percent[of the assessed value of its taxable prop- erty]. (2) if its population is more than 25,000 and less than 500,000 an aggregate of one percent[of the assessed value of its taxable property]. (3) if its population is 25,000 or less,an aggregate of one- half percent[of the assessed value of its taxable prop- erty]." 6 c) Home rule units have constitutional limits on their power to punish. No home rule unit may"define or provide for felonies,"7 nor can any home rule unit define or provide for any Class A misdemeanors without specific statutory authority from the General Assembly. In addition to the constitutional limits on home rule authority,legislative restrictions are also allowed. The General Assembly's authority to limit home rule legislatively is divided into two classes,each with a different vot- ing threshold. The state legislature may preempt home rule authority by simple majority when it is willing to reserve for itself the exercise of a spe- cific power. In these cases,the state must be willing to shoulder the burden in order to deny a particular power to home rule units. The second class in- volves situations in which the state does not wish to take control of the issue but still wishes to restrict the municipalities from doing so. In such cases,the standard Illinois supermajority vote,three-fifths,is required. Through ei- ther of these mechanisms,the state must be willing to put a certain degree of extra effort into attempts to restrict home rule powers. While the Illinois Constitution constrains home rule municipalities in the ways described above,it provides some important protections for them as well. For example, Cook County is constitutionally a home rule county,and other counties could choose to meet the constitutional criteria to become 5 Article VII,Section 6,Subsection(e)(2) 6 Article VII,Section 6,Subsection(k) 7 Article VII,Section 6,Subsection(d)(2) Page 17 72 Tom Rooney home rule counties. The 1970 Constitutional Convention rejected a proposal which would have made county home rule dependentupon a population threshold of 100,000. Instead,the Convention decided that county home rule needed a county executive to be effective,so the presence of such an execu- tive officer is the constitutional requirement for county home rule (Cole 1973, p.17). Jurisdictional disputes between a county and its home rule munici- palities could be very problematic without some standard for decision. The framers of the Illinois Constitution provided such a standard,and the stan- dard is favorable to the municipalities: "If a home rule county ordinance conflicts with an ordinance of a municipality,the municipal ordinance shall prevail within its jurisdiction."S Further,the General Assembly is prohibited by the Constitution from interfering with home rule municipalities in the area of special services assessments. Finally,the last subsection of Section 6 states that"Powers and functions of home rule units shall be construed lib- erally."9 These provisions form a solid basis that gives home rule authority real substance in Illinois. 4. Project Design Database To test the hypothesis that home rule authority increases the tax burden placed upon residents and businesses of a city,a database was created to support various statistical analyses. The two hundred and sixty-seven municipalities in Cook County and the"collar counties" of DuPage,Kane, Lake,McHenry,and Will Counties were chosen for this study. Mr.Allan Mayer of the Illinois Comptroller's office completed a basic study of all Illinois municipalities in the Comptroller's FY 1999 Fiscal Report Card. For this project,however,Cook and the collar counties were chosen: a) to limit the scope of the study,and b) to recognize the reality that this area,comprising almost two-thirds of the population of Illinois10,is qualitatively different from"down- state" Additionally,according to Mr.Mayer's report,there are 110 home rule municipalities in Illinois. Of those municipalities,103 are in the six counties studied here. Information from these cities was coded to allow basic analysis of reve- nue structure. The database itself contains the following general fields: 8 Article VII,Section 6,Subsection(c) 9 Article VII,Section 6,Subsection(m) 10 Ibid. Page 18 Local Government Revenue Structure 73 • County of the municipality • Per capita own source revenue • Name of the municipality • Own source as a % of revenue • Presence of home rule authority • Property tax rate • Population • Property tax revenue • Equalized Assessed Value • Property tax as a % of revenue • Per capita EAV • Property tax as a % of own source • Total revenue • Sales tax as a % of revenue • Per capita revenue • Sales tax/property tax ratio • Per capita revenue • Municipal library • Own source revenue • Municipal fire department In addition to these basic fields,a larger version of this database contains additional fields to note the presence or absence of various specific assess- ments in the total property tax levy. Data Collection The information for this project came from various places. A list of mu- nicipalities in the six counties was obtained from the Illinois Municipal League(IML). The IML's list indicated the home rule status of the municipal- ity,and it provided a method for coding municipalities that happen to cross county boundaries. The information regarding municipalities with multiple county jurisdic- tions was further refined with documents from the Illinois Department of Revenue(IDOR). The Department's"Sales Tax Receipts Reported by Stan- dard Industrial Classification'contains a front section listing cities with mul- tiple jurisdictions. Where the IML list and IDOR list differed,the IDOR list was given precedence. The IDOR document was also the source of the sales tax information in the database created for this project. Both the fields for state sales tax re- ceipts and home rule sales tax receipts were completed with information from this document. For these variables,the numbers in this sheet were given precedence over other information,such as the financial database from the Illinois Comptroller's office. The comptroller's sales tax data often varies from that of the IDOR document,although the variations are within reason. It is the author's assumption that the IDOR document contains more stable data because of its status as the primary source. The comptroller's data is a compilation of data supplied by the municipalities through their annual fi- nancial reports. Additionally,the differing fiscal years of the municipalities could,in theory at least,alter the data,as could the distinction between the liability periods and the collection periods of the taxes. The IDOR document identifies its data as"for the liability period(s) of January 1,1999 thru [sic] December 31,1999,collected in February 1,1999 thru [sic]January 31,2000." This data is therefore reliably uniform,in addition to being the primary source of such information. Page 19 74 Tom Rooney The comptroller's database is the main source used in this project for each of the variables concerning the revenue ratios. In each of the fields that have a total revenue figure as part of the calculation,the total revenue amount was taken from the comptroller's database. The different fields separating own source revenue from intergovernmental revenue were also compiled using information from the comptroller's database. The term"own source revenue"was operationally defined to include the following catego- ries from the comptroller's data: • Property Tax • All licenses and permits • Sales Tax(HR or referendum ROT) • Fines and forfeitures • Utility Tax • Charges for service • Other local taxes 0 Interest • State sales tax • Miscellaneous Another large portion of the data in the fields for this project came from the individual municipalities'tax extension records on file in each county clerk's office. Records were obtained from the clerk's offices in the counties of Cook,DuPage,Kane,Lake,McHenry,and Will. These records contained the Equalized Assessed Values(EAV)of the communities,the total property tax rates,and the separate property tax rates for each fund. There were cases in which one county's EAV figures were different(within reason)from those of another county with jurisdiction over the same municipality. In these cases,the figure of the county that controlled a greater portion of EAV was used. 5. Data Analysis Ms. Carol Reckamp of the Comptroller's Chicago office estimated a 95% compliance rate for municipalities submitting proper Annual Financial Re- port(AFR)data.11 This compliance rate is accurate in the sample of six coun- ties used for this project. Of the 267 municipalities examined in the six coun- ties,13 did not appear in the comptroller's AFR data. These municipalities are: Blue Island,Dixmoor,Dolton,Greenwood,Lily Lake,Lyons,Markham, Melrose Park,Minooka,Monee,Prospect Heights,Robbins,and Trout Val- ley. Other municipalities either provided insufficient information to the comptroller's office or the Comptroller's database contained errors which could not be rectified by theauthor and which resulted in incomplete infor- mation. Municipalities with incomplete information were: Elburn,River- woods,Union,and Westchester. These municipalities were removed from statistical analysis for any variable calculated with incomplete information. 11 Phone interview between Ms.Reckamp and the author,February 2001. Page 20 Local Government Revenue Structure 75 Dummy variables used to control for the presence of municipal libraries and municipal fire departments turned out to be critical to the data analysis. These controls were not in place when some of the preliminary regressions were run. In these preliminary regressions,some very fundamental relation- ships that must be true for home rule communities did not appear to be sup- ported by the data. Once the data accounted for the presence of municipal libraries and municipal fire departments,the values produced by the regres- sions changed. Hypothesis#1: Property tax revenue will be a smaller proportion of own source revenue in home rule units. The reasoning behind the hypothesis seems intuitive. Home rule units have the ability to generate revenue from sources that are unavailable to non-home rule units. It seems logical to assume that home rule units would avail themselves of their additional tax authority and be less dependent upon property tax. However,the data do not support this hypothesis. The proportion of revenue that is derived from property tax seems to be slightly lower than non-home rule units,but the finding is not statistically signifi- cant. The factors of: a) the proportion of total revenue derived from sales tax,and b) the presence of a municipal fire department were statistically signifi- cant indicators. A larger proportion of sales tax is directly related to a smaller proportion of property tax revenue,as might be logically deduced. However,this con- nection is not directly affected by home rule. One would be tempted to think that home rule communities would be likely to have a greater proportion of revenue derived from sales tax;after all,they have the authority to assess an additional sales tax in 0.25%increments. Non-home rule units did not pos- sess this ability during the time period studied in this project. This assump- tion turns out to be false. The correlation between proportion of sales tax revenue and home rule authority is not statistically significant. Indeed,one need only take a cursory look at the communities that obtain one-third or more of their revenue from sales tax. More than half of these communities are non-home rule units. Of the home rule units in this category,the major- ity of them do not assess an additional home rule sales tax. The proportion of revenue comprised of sales tax does not have a significant connection with home rule. Similarly,the presence of a municipal fire department is also not directly related to home rule authority. Many cities without home rule authority have municipal fire departments,and some home rule communities are served by fire protection districts rather than municipal departments. Page 21 76 Tom Rooney Home rule does not have a significant impact on the property tax per- centage of own source revenue,and the significant impact of the proportion of sales tax revenue is not related to home rule. Hypothesis#2: Own source revenue will be a higher proportion of total revenue in home rule units. Again,this hypothesis seems intuitive. With additional own source tax possibilities available to home rule units,one would think that home rule units would generate more own source revenue. Nevertheless,the data do not support this hypothesis. When tested with some variables,home rule only increases this proportion slightly;when tested with other variables, home rule only decreases this proportion slightly. More importantly,in all tests,home rule authority is not a statistically significant factor. Of the vari- ables tested,per capita EAV is directly correlated at a significant level(with a very minor positive effect)and proportion of sales tax is directly correlated at a significant level(with a more pronounced positive effect). There is no hidden home rule impact in either variable. Hypothesis#3. Per capita revenue will be higher in home rule units. To come full circle,a form of the hypothesis of the Rolling Meadows pe- titioners was tested. The petitioners argued that the taxes of home rule communities were higher than those of non-home rule units. Their reason- ing also seemed intuitive;home rule units can tax more,so they will. Per capita revenue seemed to be a good choice as a measurement of the level of taxation. Regressions with per capita revenue as the dependent variable do not support the petitioners'hypothesis. To give the petitioners their due, home rule units do seem to have higher per capita revenue,but the data show that the connection is spurious. Home rule authority is not statistically significant as a determinant. 6. Conclusions The data show that home rule authority is not significant determinant of a community's taxation level,even when considering the level of taxation under different operational definitions.These findings confirm the findings of Allan Mayer of the Illinois Comptroller's Office. In a study of the data of all municipalities in Illinois,Mr.Mayer found that"other factors [than home rule authority]are more likely to determine a municipality's dependence on property taxes (Mayer ND)." On the basis of the data for this report,the same conclusion can be made regarding the proportion of own source reve- nue and the general level of taxation. Home rule is not a key factor. For the questions regarding general level of taxation,further study must be done; the data in this report do not point to any critical factors. Page 22 Local Government Revenue Structure 77 The question remains,then: Why does home rule authority not have the effect on taxation that either side in the Rolling Meadows home rule debate expected it to have? A plausible explanation would seem to be that home rule authority is really more about regulation and other municipal powers that are not related to taxation. Some anecdotal evidence supports this conclusion. In a previ- ous phase of this project,information was obtained from the four cities in Illinois whose home rule authority was revoked: Lisle,Lombard,Rockford, and Villa Park. Interviews with various officials in these cities showed a common pat- tern. All the officials stated that their towns were not particularly interested in trying to regain home rule authority. Mr. Bill Lichter,Village Manager of Lombard,stated that if his village were to become interested in regaining home rule,the taxation issues would not be the driving force. From his per- spective,the only revenue issue of any concern was the restriction of non- home rule units in their use of revenue raised by the hotel/motel tax. The rest of the discussion involved regulation issues,not financial issues. Mr. Ron Schultz,Legal Director of the City of Rockford,also said that his city would,hypothetically,be more interested in the regulatory powers of home rule than the taxation powers. As an example,he cited the fact that the City of Rockford used to be able to license electricians according to their own standards. With the loss of home rule,Rockford no longer has the authority to set these standards. Home rule seems to affect the regulatory operations of a municipality much more than it affects a municipality's revenue struc- ture. Analysis of the data collected for this paper shows that home rule au- thority is not a significant factor in the level of taxation imposed by a mu- nicipality. Home rule authority does not manifest itself in a higher level of taxation,as the proponents of the Rolling Meadows referendum argued. Neither does home rule manifest itself in a lower level of taxation,as the op- ponents of the Rolling Meadows referendum argued. None of the taxation factors tested in this project point directly to home rule as a contributing fac- tor. Home rule authority is more valuable to municipality for regulatory powers than for tax purposes. References All citations of the Illinois Constitution come from 1970 Illinois Constitution Annotated,David R.Miller,Illinois Legislative Council,1980. Cole,Stephanie. 1973. Illinois Home Rule in Perspective, Home Rule in Illi- nois,p. 14. Ebel,Alice.1970. Local Governments Outside Cook County,Con-Con: Issues for the Illinois Constitutional Convention,p. 235. Encyclopedia Americana. 1992. Missouri,Volume 19,p.261. Page 23 78 Tom Rooney Mayer,Allan. 1999. Supplemental Analysis: Home Rule Units, FY1999 Fis- cal Report Card, Office of the Comptroller. Small,Joseph F.,S.J. 1970. Urban Government, Con-Con Issues for the Illinois Constitutional Convention,p. 235. Wandling,Richard. 2001. Illinois,Home Rule in America: A Fifty State Hand- book,p.128. Page 24 The J-1 o[ Regional Analysis JRAP(2002)32:1 —& Policy Illinois Home Rule: A Case Study in Fiscal Responsibility James M. Sanovetz* Abstract. This article examines the popular notion that elected officials,par- ticularly at the local level,can not be trusted with broad powers of taxa- tion;that they are likely to use and perhaps abuse all of the powers of taxation they possess. The study looks at the use of tax powers,made over a 30 year period,by Illinois'home rule municipalities which have one of the broadest grants of tax powers given by any state to its local government officials. This study found only seven reasonably verifiable examples of unwarranted uses of home rule powers,only three of which represent unequivocal instances in which the voters,the courts,or the legislature voided uses of home rule powers. Available evidence pro- duced neither a rational nor an empirical basis to support a reasonable probability that,given the opportunity,local elected officials will enact new or higher taxes without regard for the wishes of the voters. Indeed, the Illinois experience suggests that,with adequate safeguards,local offi- cials can be trusted with broad based local tax powers. 1. Introduction Perhaps one of the most common attitudes about American local gov- ernments is that their legislators are prone to abusing their power to tax. This attitude has its roots in the era of municipal corruption in the last dec- ades of the nineteenth century,chronicled so well by Lincoln Stephens in his classic The Shame of the Cities,and attacked by the municipal reform move- ment of the last century launched by Richard S.Childs and the National Mu- nicipal League. The attitude persists despite the fact that reforms produced by that movement(including the Australian ballot,nonpartisanship in local elec- `James M.Banovetz is professor emeritus and director emeritus of the Division of Public Ad- ministration at Northern Illinois University. An internationally renowned expert on local gov- ernment and local government management,Banovetz is recognized as the foremost authority on home rule in Illinois. Page 25 80 James M.Banovetz tions,the council-manager form of government,and,most importantly,the professionalization of local government workforces)has cleaned most cor- ruption out of city and village governments,especially from the growing majority of mid-sized cities using professional city managers,and including most large city governments (e.g.,Cincinnati and Kansas City). This attitude continues to provide popular support for manifold con- straints on the powers of local governments,especially their tax powers. Constraints range from the judicial standard of strict constructionism in the interpretation of grants of authority to local governments(Dillon's Rule), through statutory limits on taxing powers,to the more contemporary impo- sition of tax caps.All of these constraints are rooted in the presumed truism of Lord Actions thesis that power corrupts and absolute power corrupts ab- solutely. The persistence of this attitude has been demonstrated by the force of the so-called"Taxpayers'Revolt" of the last several decades. The growing use of property tax caps in Illinois attests to the attitude's continuing strength- strength that endures despite a dearth of empirical or other scholarly evi- dence examining it. Illinois' experience with home rule offers a unique and interesting op- portunity to test the proposition that it is inevitable,or indeed even probable, that municipal officials will abuse the authority to impose more and higher taxes on local taxpayers. This paper will exploit this opportunity;it will ex- amine Illinois'experience with home rule tax powers,looking for evidence suggesting irresponsibility in their use.To do so,it will draw upon the lim- ited available research on Illinois home rule and on the author's own 38 years of experience working with,and studying,Illinois'local government system. First,however,it will summarize the extraordinary home rule pow- ers granted to Illinois cities and villages. 2. The History of Illinois Home Rule With Chicago and Cook County's long histories of machine politics and political corruption,Illinois has provided fertile ground for popular scepti- cism about the fiscal responsibility of local municipal officials. The public's reaction to late 19th and early 20th century municipal corruption was an in- tense and continuing pattern of adding ever more restrictions and limitations on municipal taxing powers. Property tax limitations eventually reached a point at which they were so overlapping and confusing that they were barely capable of judicial interpretation,sometimes leading to implementation in an arbitrary and capricious fashion (Fisher and Fairbanks 1968). Indeed,Illinois students of local government routinely attribute Illinois'unusually large number of local governments to the need to evade statutory restrictions on municipal taxing powers so that services demanded by the public could be Page 26 Fiscal Responsibility 81 provided.2 Illinois has also had a history of strict and rigid application of Dillon's Rule to the interpretation of statutory grants of power. In effect,Dil- lon's rule holds that municipal corporations have only those powers specifi- cally granted to them by statute and those necessarily implied from the granted power.3 Indeed,statutory grants of authority to cities were so re- stricted in their application that Chicago attempted,frequently and unsuc- cessfully starting in 1904,to secure some form of home rule (Banovetz and Kelty 1987a). Despite the state's history of local government distrust, Chicago's home rule efforts ultimately proved successful in 1971 when voters approved the State Constitution drafted in 1970. That Constitution provided Illinois cities and villages with an optional home rule system that William N. Cassella of the National Civic League has called"the most advanced form(of govern- ment)as far as a flexible power system is concerned (Banovetz and Kelty 1987b) 3. Illinois Home Rule Powers Defined The 1970 Illinois Constitution provides a very broad definition of home rule powers: "Except as limited by this Section,a home rule unit may ex- ercise any power and perform any function pertaining to its government and affairs including,but not limited to,the power to regulate for the protection of the public health,safety,morals and welfare;to license;to tax;and to incur debt." (Art.VII;Sec. 6a) Except for prohibiting home rule units from levying taxes upon"income, earnings,or occupations"without legislative authorization,the constitu- tional constraints upon home rule units are relatively few and have not proven to be significant. The constitution permits the General Assembly to put specific limits on the use of home rule powers,but with restrictions: (1)it can provide for the exclusive exercise of a power or function by the state by a vote of a simple 2 Depending upon the information source,Illinois has between 6,800 and 7,200 units of local government. It has more units of local government than any other state in the nation,lea ding the second ranked state,Pennsylvania,by nearly 50 percent. A large portion of these govern- ments are fire protection,park,and library districts formed in part to get new access to property tax revenues to support these popular services. 3 Italics added to emphasize the interpretive practices of the Illinois courts. Dillon s rule is a legal concept first articulated by the Iowa courts and later applied by the courts in each state. The classic application of the rule was in Trenton v.New Jersey,262 U.S.182(1923). Further clarification is found in Kennedy(1971)and Braden and Cohn(1969). Page 27 82 James M.Banovetz majority of both houses,or(2)it can prohibit the use of a home rule power, but only by a vote of a three-fifths majority of the membership of both houses. The constitution further stipulates that: "Powers and functions of home rule units shall be construed liberally." (Art.VII,Sec. 6m) The Illinois Supreme Court demonstrated its general willingness to con- strue the grant of home rule powers liberally in three early,landmark cases. In 1972 and again in 1980,the Court ruled that legislation passed before the effective date of the 1970 constitution did not limit home rule powers unless such legislation complied with constitutional requirements(the three-fifths majority vote)needed to impose a limit on home rule powers.4 In 1973,the Court held that statutes restricting the exercise of local government power did not apply to home rule units unless the statute explicitly indicated such an intent.5 In short,Illinois'grant of home rule powers to its cities and villages is, indeed, very broad. 4. Illinois Use of Municipal Home Rule When the 1970 Illinois Constitution took effect on July 1,1971,a total of 67 cities and villages automatically gained home rule authority by virtue of meeting the constitution=s standard of having a population of 25,000 or more persons? By the time of the November 2000 elections,that number had grown to 147 municipalities. In the intervening years,twelve more cities gained home rule by population growth,72 had adopted home rule by refer- endum,and four lost home rule status by referendum. Since the Constitution and its home rule system took effect thirty years ago,over seven million Illinois residents-well over half of the state's popula- tion C have lived in a local government exercising home rule powers. "Thus 4 Kanellos v Cook County,53 111.2d 161,290 N.E.2d 240(1972);Sommer v.Village of Glenview,79 Ill 2d 383,403 N.E.2d 258(1980). 5 Romer v Korshak,55 Ill.2d 430;303 N.E.2d 389(1973) 6 The discussion in this section is based upon"Illinois Home Rule:A Thirty Year Assessment," Policy Profiles,Northern Illinois University Center f or Governmental Studies,February 2001. 7 Home rule was also made available to counties in which a chief executive officer is elected by the voters at large. This structural requirement has resulted in a county experience with home rule very different from the municipal experience,but not necessarily in terms of financial pow- ers,practices,or behaviors. Chiefly,this requirement has effectively limited home rule to just one county,Cook County. As a result,this paper does not deal with county home rule in Illi- nois. Page 28 Fiscal Responsibility 83 it is safe to conclude that Illinois and its residents have had widespread ex- perience with municipal home rule."8 5. Home Rule Tax Powers With significant exceptions,the broad scope of Illinois'home rule power also extends to the power to levy taxes. Home rule freed municipalities from all legislative limitations on the levy and use of property taxes,and gave municipalities wide discretion to design new tax levies. The principal exception is income taxes:the Constitution's sole stated tax limitation prohibits home rule taxes levied on"income,earnings,or occupa- tions"unless such taxes are specifically authorized by the Illinois General Assembly. No such authorization has ever been given or even seriously con- sidered. A second major exception occurred in 1991when the Illinois General Assembly preempted the power to impose retail sales taxes. Illinois had op- erated well before 1971 with a 5 percent state sales tax which went into the state's general fund and an additional 1 percent tax,if locally authorized,9 which was rebated to the city or county in which the retail sale occurred. Functionally,the system produced a state-wide 6 percent sales tax.10 The state collected the entire sales tax and rebated to each local government its portion of the tax. After home rule became effective in 1971,a number of cities and villages enacted their own sales taxes,applied over and above the 6 percent state tax. These local sales taxes sometimes were levied on different bases,usually de- signed to protect local merchants from out-of-town competition. Thus,for instance,some communities with significant farm service businesses ex- empted farm implement sales from the local,home rule sales tax;others lim- ited the local tax to the first$500 of price on any given item;still others used other tax definitions to raise money without harming the local economy. Tax rates,too,were set locally and the collection of these additional local sales taxes was the responsibility of the levying municipality. The result was a pattern of local sales taxes that provoked opposition from statewide merchants who had to program cash registers differently in many communities they served. To assist the merchants,the General As- sembly reserved to the state exclusive authority to enact sales taxes,thereby establishing a single,statewide retail sales tax base.11 Simultaneously,the General Assembly protected home rule communities by authorizing them 8 Policy Profiles,op.cit.,p.1. 9 And nearly all Illinois cities and counties have authorized the use of this local portion of the levy. 10 The tax was later modified so that the 5 percent state portion was not levied on the sale of food (except food served on the premises)and drugs. ii The sales tax in Illinois is technically known in law as the retail occupation tax. Page 29 84 James M.Banovetz individually to levy an additional sales tax,on the state's tax base,in amounts of.25 up to a total additional levy of 1.5 percent. A third constraint upon home rule taxing power was also added by the General Assembly. One of the first12 taxes levied by home rule municipali- ties was a real estate transfer tax. In the decades of the 70's and the 80's, which saw rapid escalation of real estate values,the real estate transfer tax produced a large windfall in revenues from taxpayers whose properties had become so inflated that sellers,who paid the tax,hardly noticed the amount. When the escalation in property values leveled off,however,the tax gener- ated opposition. Thus,the General Assembly enacted legislation which al- lowed existing real estate transfer taxes to continue,but imposed a referen- dum requirement on any future levy of such a tax by a home rule municipal- ity. 6. Hypothesis and Methodology Given: • Illinois'local government history, • The extraordinary breadth of Illinois home rule powers, • The broad scope home rule gives to municipal taxing powers,and • The number of Illinois cities that have used Illinois home rule, the Illinois experience might well be said to represent the most severe test possible of the hypothesis that,given sufficient discretion,local government officials will impose unwarranted taxation on their residents. This paper will examine this hypothesis by(1)examining the extent to which the authority has been used; (2)comparing home rule with non-home rule communities' uses of property taxes as a revenue producing measure; (3)reviewing home rule constraints on the misuse of home rule taxing powers to determine if, indeed,such constraints have been,and can be,used successfully;and(4) examining the nature of voters'reaction to the use of home rule powers. Since the term"unwarranted powers"is subjective,this paper will view only those uses as"unwarranted"which were subsequently constrained or voided by oversight agencies-the General Assembly,the courts,or the voters through a referendum. Ultimately,in a society ruled by democratic principles,the reaction of the voters is the most nearly infallible test of the acceptability and utility of public policy,including the appropriateness of tax policies. Fortunately,for the purposes of testing this hypothesis,voter reaction is also the test with the best available information. 12New at least to Illinois. Page 30 Fiscal Responsibility 85 1. Municipal use of home rule taxing powers Two comprehensive surveys of the uses of home rule powers have been made. The first was undertaken in 1983 (with 95 communities responding) and updated in 1986(with 60 communities responding;taken together in the two surveys,105 communities responded to at least one survey) (Banovetz and Kelty). The second has just been completed(in spring,2002),with 83 communities responding. The most common uses of home rule powers in the two surveys are shown in Table 1. Three relevant conclusions can be drawn from this table. First,home rule is widely used for governmental functions other than taxa- tion. While the use of home rule taxes is one of the two most common uses of home rule powers,home rule is used almost as frequently to promote economic development,strengthen regulatory authority,reduce debt costs,13 and facilitate the purchase,sale,and lease of real estate. Home rule,in short, is not used by government officials primarily as a method of raising more tax revenues. Second,the use of home rule as a means of raising tax revenues from sources other than property taxes is clearly increasing and is widely em- ployed for that purpose,although the frequency of such use is probably overstated by the survey. Well over half of the survey's non-respondents were small communities which make less use of tax and other home rule powers. Nonetheless,this significant increase in use makes the analysis in this study(a)more important,and (b)more likely to support the hypothesis. Third,few home rule communities use their home rule power to levy higher property taxes. Fewer than one-fourth of home rule communities use home rule to increase property tax levies above the levels allowed by statute or to increase such levies above statutory tax caps. 13 Home rule is widely used to lower the interest costs of government borrowing. Because they are not limited in their borrowing to kinds of debt authorized by statute,home rule communi- ties can negotiate better interest rates. Further,home rule communities can issue general obliga- tion bonds(GO bonds which are secured with the government's property tax powers)without the need to secure voter approval through a referendum. The use of GO bonds lowers the inter- est costs of the borrowing. And,indeed,the shift in borrowing from revenue to GO bonds by home rule communities has been significant;it is used even when other revenue sources(e.g., utility bills)are used to raise the funds to repay the debt. Because debt secured with property tax powers can,if used unwisely,lead to substantial increases in property taxes,its indiscrimi- nate use could have serious adverse effects on the property tax levies and credit ratings of home rule communities. Thus this home rule use has a direct relationship to the use of home rule tax powers. Page 31 86 James M.Banovetz Table 1. Uses of Home Rule Powers Function 1 in o 2002 in o Communities Reporting 105 or 95% 83 or 57% Economic Development ** 83 Levy Taxes Based on Home Rule Powers 57 83 Regulation 72 78 Reduce the Cost of Borrowed Money 90 74 Buy,Sell,or Lease Property 43 73 Levy Sales Tax 5 61*** Regulatory Licensing 61 55 Intergovernmental Agreements 58 52 Change Structure of Government 30 29 Exceed Tax Caps NA 24 Extend Property Tax Beyond Statutory Limits 16 18 *Listed in order of frequency. **Not tabulated,but incidence of use was second only to incurring debt. ***Sales taxes reported in the first survey were based on home rule powers;in the second sur- vey,they were levied based on special statutory authority. Note:The lower survey participation in 2002 will cause some inflation in the percentages since the majority of the non-participants were small communities which,in general,make much less use of home rule powers. Two-thirds of communities over 25,000 responded while less than half of those under 25,000 responded. Further insight into the kinds of taxes being levied by home rule com- munities in both the 1983-86 and 2002 surveys is found in table 2. It clearly shows that the years between 1986 and 2002 have witnessed a major expan- sion in the use of taxes levied with home rule powers. This can be attributed to a number of possible factors. Certainly the chronic need of local govern- ments-like all governments-for more money to meet public service de- mands is a factor. So,too,was the loss of federal revenue sharing dollars which occurred during this period. Local governments typically reacted to this loss by maintaining services at or near existing levels and making up the revenue shortfall by some combination of greater operating efficiency and increased use of other revenue sources. Two other factors also played a role. The first is the influence of the Home Rule Attorney's Association,a group sponsored by the Illinois Mu- nicipal League,which has met monthly since first being formed in 1971,to monitor home rule uses with the intent of discouraging uses that would be disapproved in court tests. As case law has developed,and the legality of more uses has been established,many powers have been more frequently used. The second has been the success of home rule itself:experimental uses of home rule powers that subsequently prove successful in achieving their purpose also tended to be copied. The hotel-motel tax is a good example of the latter phenomena. Page 32 Fiscal Responsibility 87 Table 2. Home Rule Taxes,1983-86 and 2002 Tax Levied 1983-86%use 2002%use Communities Reporting 105 or 95% 83 or 57% Retail Sales* 5 61 Hotel/Motel* 35 60 Real Estate Transfer* 11 36 Restaurant food&Beverage Sales* 8 25 Exceed Property Tax Caps NA 24 Property Tax Beyond Statutory Limits 15 18 Gasoline* 9 17 Amusement* 14 14 Wheel Tax(on auto ownership) 4 8 Other 3 7 Sale of New Automobiles 7 2 *Taxes which broaden the tax base to include non-residents of the community. Note: The lower survey participation in 2002 will cause some inflation in the percentages since the majority of the non-participants were small communities that,in general,make much less use of home rule powers. Two-thirds of communities over 25,000 responded while less than half of those under 25,000 responded. The single most notable change in tax patterns has been the increase in the use of home rule retail sales taxes which became much more common after the Illinois General Assembly prohibited the use of home rule powers to levy sales taxes and permitted home rule communities to impose larger local sales tax levies on the state sales tax base. Historically,Illinois has im- posed a 5% state sales tax and permitted local communities (e.g.cities,vil- lages,counties)to add an additional 1% levy within their jurisdictions,which the state collects and remits to them. Now,home rule communities can levy up to an additional 1.5%,to a total of 2.5%,on the state sales tax base which the state will collect and remit to them. By eliminating the need to collect the home rule portion of their local sales tax,this change made the use of home rule sales taxes much more attractive to home rule governments. Two additional points must be added to this. First and foremost, only seven,or 13%,of the fifty-three communities reporting the use of this tax levied the whole 1.5%. Of these,six were located in Cook County and one in a Chicago suburban county. Because of additional levies for metropolitan purposes,total sales tax rates in Chicago and suburbs are higher than in the rest of the state,making local tax additions a smaller percentage of the total levy. Second,non-home rule communities are restricted to the 1% local share. These differences produce total sales tax rates which vary widely throughout the state. No evidence has ever been offered that suggests that such differences have produced a detectable impact on consumers'shopping patterns in either the state or in the Chicago metropolitan area. A second trend evident from a careful reading of the data is that the taxes levied with home rule power are predominantly those that spread the tax burden to non-residents of the community:retail sales tax,hotel/motel tax,real estate transfer tax,restaurant food and beverage tax,gasoline tax, Page 33 88 James M.Banovetz and amusement tax. The four most frequently used home rule taxes,and six of the top eight home rule tax uses,are taxes which spread tax burdens more broadly. In fact,some communities adopted home rule specifically to secure the authority to levy retail sales taxes so that community cost burdens could be transferred to non-residents.14 In short,then,taxation has been an increasingly common use of home rule powers,but it has been most frequently used to transfer local tax bur- dens from residents to non-residents of the community. 2. Comparison of home rule and non-home rule uses of tax powers Home rule governments clearly levy a wider array of taxes than their non-home rule peers since,with one exception,non-home rule units are not authorized to levy any of the taxes listed in Figure 3. That exception is the hotel/motel tax.15 Indeed,only one of the taxes listed in Figure 3 has been challenged by opponents of home rule:the use of home rule to extend prop- erty taxes beyond the statutory limits imposed on non-home rule govern- ments.16 Because this has been the focal point of home rule opposition,it also will be the focal point of this analysis of the hypothesis that,given suffi- cient discretion(as Illinois home rule surely provides),local government of- ficials will impose unwarranted taxation on their residents. Opponents of home rule regularly contend that the adoption of home rule will lead to rapid,and by implication unwarranted,increases in munici- pal property taxes. Two studies have been conducted over the years which compare home rule and non-home rule use of property tax powers;both have relevance for this opponents'contention. The first,undertaken by J.Banovetz and R.Albritton,compared the changes which occurred in all Illinois cities and villages over 10,000 popula- tion during the first ten years of home rule, 1971-81 (Banovetz and Kelty 1987). They found that both population size and geographic location(10- cated inside or outside of Cook County)accounted for more of the variance 14 These tend to be communities with regional shopping malls-Oakbrook and Mt.Vernon are examples. Communities with large college student populations,such as DeKalb,or with busy hotel/motel industries,such as Rosemont,also utilize such taxes heavily. 15 That exception,however,is significant. The City of Rosemont,located adjacent to O'Hare Airport and with a night-time population several times its daytime population,first adopted home rule in 1972 for the express purpose of imposing a hotel/motel tax on the many large hotels within its boundaries. The tax proved so successful and devoid of local opposition,that it was widely copied by other home rule governments. The state legislature finally authorized the tax for use by non-home rule governments,but with a crucial difference:the statutory authoriza- tion permits home rule tax proceeds to be used only to promote tourism to the community. Home rule governments can use the tax proceeds for any public purpose. 16 Presumably,home rule opponents will also object to home rule governments'exemption from statutory property tax caps,but,in the author's experience monitoring home rule referenda,this consideration has not yet emerged as a major issue. Page 34 Fiscal Responsibility 89 in property tax rates and the rate of increase in such rates than did home rule status. While home rule units showed a higher rate of increase in property tax levy amounts during the ten year period,the total amount of their tax levies,shown in Table 3,was not significantly different in 1981,the final year for which data for the study were available. Leaving aside the debate about whether the higher rate of increase was attributable to home rule status or simply a process of"catch-up," and remembering that only 13.7 per cent of all home rule units (of whatever population size)were even levying higher property tax rates than they could have levied without home rule powers in 1983,only one conclusion from that study could be said to be relevant to this inquiry: when controlling for population and location, the average property tax levy for home rule communities was the same as the average property tax levy for non- home rule communities after ten years of Illinois home rule experience. Table 3. Comparison of Property Tax Levy Rates of Home Rule and Non- Home Rule Communities After Ten Years of Illinois Experience with Home Rule Category of Municipality Ave.Rate 1970 Ave.Rate 1981 I.Municipalities Over 25,000 In Cook County(N=27) .794 1.612 Outside Cook County(N=35) 1.114 1.612 U.Cook County Municipalities 10,000-25,000 With home rule(N=8) .543 1.325 Without home rule(N=38) .812 1.303 III.Non-Cook County Municipalities 10,000-25,000 With home rule(N=6) .659 1.002 Without home rule(N=52) .842 1.176 The second,much more contemporary study,by R. Dye and T.McGuire (1997)looked at the effect of property tax limitation measures in general,and specifically on the effect of tax caps on local government fiscal behavior. In studying such effects on Illinois cities and villages located in the six county Chicago metropolitan region,Dye and McGuire specifically evaluated the impact that the state's tax caps,enacted in 1991,had upon the property tax rates of non-home rule communities(which are subject to the caps)when compared to home rule communities (which are not).This is shown in Table 4. They found that: Table 4. Average Annual Growth Rates of Property Taxes Communities Number Growth Rate W/O Cap Growth Rate W Cap Non-Home Rule 104 14.57 7.14 Home Rule 134 9.03 7.55 Source: R.F.Dye&T.J.McGuire(1997). Page 35 90 James M.Banovetz 1. The 104 non-home rule communities had been experiencing a much faster rate of growth in property tax rates before the imposition of the tax caps than the 134 home rule communities. 2. The rate of increase in property tax levies decreased in both the home rule and the non-home rule communities after the imposition of the tax caps upon the non-home rule communities,but the rate of decline was less in home rule communities.17 3. The rate of increase in property tax levies for non-home rule and for home rule communities was comparable18 after the imposition of tax caps. Nothing in the Dye and McGuire study would lead to the conclusion that home rule status results in significantly higher levels of property taxa- tion. In short, nothing in either study comparing home rule and non-home rule uses of the property tax supports the hypothesis that local government leaders,given the freedom from constraint that home rule provides,will impose significantly higher rates of property taxation. In fact,Dye and McGuire's data on the rates of property tax increases prior to the imposition of the tax caps suggests exactly the opposite:that property taxes have increased more slowly in home rule communities. Data in the 2000 survey adds further evidence that home rule communi- ties rely less on property taxes than do their non-home rule peers. It asked communities what proportion of their total revenues in 2000 was derived from property taxes. The results are presented in Table 5 together with a comparison with the statewide average for municipal revenues from prop- erty taxes. Table 5 indicates that(1)the use of home rule powers to levy property taxes in excess of non-home rule statutory limits is very rare in communities smaller than 25,000,and(2)the percentage of total municipal revenues de- rived from property taxes by home rule units,even those home rule units levying property taxes in excess of what would be their statutory limits without home rule powers,is considerably less in communities larger than 25,000 population than the statewide averages. Since property tax levies tend to be higher in larger communities,all else being equal,the averages for large home rule communities should be considerably higher than the state- wide average. That it is not suggests that home rule powers,at worst,have not driven up property taxes and,at best,have been a factor in keeping such 17 Ibid.,p.8. Dye and McGuire did not control for differences in population size,but they did find evidence that location in Cook County or the collar counties did have an independent effect (p.14). 18 The rate of increase was 7.14%for non-home rule and 7.55%for home rule communities. The use of a percentage rate of increase,however,does not control for the impact on the percentage of the much higher rate of initial increase by the non-home rule group. Page 36 Fiscal Responsibility 91 taxes down.19 Such data hardly support the hypothesis that,given the au- thority to do so,local government officials will increase property taxes in unjustifiable amounts. Table 5. Municipal Reliance on Property Taxes: Percentage of Total Mu- nicipal Revenues Derived from Property Taxes Average Average All Category All Home Rule Home Rule Over Statutory Limits Cook County<25,000 18% 23% Cook County>25,000 18% Collar Counties<25,000 13% 11% Collar Counties>25,000 15% Outside<25,000 15% 16% Outside>25,000 10% Statewide Average** 26% *** *Too few cases for valid statistical comparison **Source: Statewide Summary of Municipal Finances, Report of the Comptroller General of Illinois ***Data not available Note: Data from survey is for year 2000;statewide data is for most recent year available,1998. In short,there is no research-based evidence in the public domain which supports claims that,given either the authority or the opportunity,Illinois city officials will drive up property taxes. 3. The impact of constraints on the misuse of home rule authority The 1971 Illinois Constitution establishes legislative,judicial,and elec- toral constraints on the use,and misuse,of home rule power. This section will deal with the first two;electoral constraints will be discussed in the next section. Legislative constraints derive from the constitutional grant of authority to the General Assembly either to preempt home rule powers for exclusive use by the state or to deny certain powers to home rule units. The legislature has used both constraints,but in a way not necessarily intended to show dis- approval of specific uses of home rule tax powers. While the General Assembly seemed to disapprove of a home rule tax when it imposed a referendum requirement on new adoptions of property 19 The example of the City of Rockford,the states only city above 25,000 population without home rule powers,adds further support for this possibility. When Rockford lost its home rule powers,it quickly sought and received both state legislative and local voter approval for a nu m ber of property tax increases which brought the city's property tax rate considerably above its former,non-home rule,statutory limit. Page 37 92 James M.Banovetz transfer taxes,its action was not as negative as it might seem since it neither denied home rule units the authority to levy such taxes in the future nor did it order that existing property transfer taxes either be repealed or submitted to the voters for approval. Its action,then,appeared to be more of a response to anti-tax pressures than disapproval of this use of home rule taxing power. The legislature's 1991 action terminating local home rule powers to levy retail sales taxes was not intended ultimately to restrict home rule powers. The bill's sponsor,Senator Dawn Clark Netsch,was and remains a home rule supporter. Rather,her intent,articulated publicly,was to eliminate the prob- lems for retail merchants caused by the varying,locally defined tax bases on which the local taxes were levied.20 By including in the bill a provision al- lowing only home rule governments to impose an additional sales tax on the state's base,Senator Netsch and the General Assembly preserved home rule units'access to retail sales taxes as an alternative approach for raising reve- nues to support their service commitments. Similarly,the General Assembly passed up other opportunities to restrict home rule taxing powers in 1991 and again in 1995 when it passed laws im- posing caps on annual increases in local government property tax levies.21 The caps were made mandatory for local governments in the six county Chi- cago metropolitan area and in other counties when approved by a county wide referendum. In all cases,however,the General Assembly explicitly exempted home rule units from the tax caps. The tax cap legislation re- sponded to statewide,anti-property tax sentiment and it is reasonable to as- sume that home rule units would not have escaped the limitations if the General Assembly had significant evidence that their tax increases were un- warranted. The Illinois courts,acting in their capacity as the final arbiters of the meaning of constitutional language,including the language of the home rule provisions,also has not hesitated to use its powers to restrict abusive or ex- cessive uses of home rule taxing powers. The Illinois Supreme Court,has heard 20 cases challenging the use of home rule tax powers;it supported home rule taxing power in 17,or 85 percent,of these cases. 20 Senator Netsch,in conversations with the author,expressed her view that her action in spon- soring the bill was actually supportive of home rule taxing powers. Further,there have been other similar situations in which the General Assembly has exercised preemptive powers be- cause the aggregate of otherwise reasonable local decisions created problems for the state as a whole. An excellent example was the action of the 811t General Assembly denying home rule governments the power to regulate minimum ages for the purchase and consumption of alco- holic beverages. In this instance,variations in local laws,all enacted for locally supported rea- sons,led to too many traffic accidents as young drivers drove to communities with more lenient regulations. 21 The tax cap program limited a local government's property tax increase in any year to a maximum of five percent or the increase in the cost of living,whichever was less. Page 38 Fiscal Responsibility 93 The cases in which it did not support home rule taxing authority are par- ticularly significant for the use of home rule authority and for this analysis. In the first,the court struck down a Chicago ordinance imposing a retail sales tax on sellers of services.22 Drawing on the ruling in this case,the court ruled a year later that home rule utility taxes,levied in amounts that ex- ceeded the statutory maximums on such levies for non-home rule units,were a tax on occupations and thus in violation of the constitution.23 Finally,the court ruled that a Chicago tax on memberships in health clubs was an im- permissible occupation tax.24 These examples demonstrate that the legislature and the courts have the power and the inclination to restrict or constrain the use of home rule tax powers if they feel a need to do so. That there are so few such examples,and none in the use of home rule's unlimited power to levy property taxes, suggest that they have not felt such a need; that they have not found significant patterns of misuse or excessive use that require imposing constraints on such tax powers. Of perhaps particular signifi- cance,the legislature did find,in 1991 and again in 1995,excessive use of property taxing powers by non-home rule units of government and did im- pose constraints on those governments,but did not impose similar con- straints on home rule governments. 4. Voter reaction to home rule:electoral constraints From the standpoint of democratic theory,the reaction of the voters is the ultimate test of whether Illinois'broad home rule taxing authority,in- cluding seemingly unlimited property taxing authority,has led to unwar- ranted tax increases. This reaction can be measured by the referenda held on the question of whether or not a city,village,or county should have home rule powers. As of November,2000,there had been 191 such referenda in Illinois.25 As might be expected,these referenda convey a mixed message. In 97 cases,the voters approved the use of home rule;in the other 94 cases they did not. But these 191 referenda can be divided into three distinct categories-county adoption referenda,municipal adoption referenda,and municipal retention referenda- and each produces a different picture of voter support. These referenda re- sults are reported in Table 6. 22Commercial National Bank of Chicago v City of Chicago 89111.2d 45,432 N.E.2d 227(1982). 23 Waukegan Community School District 60 v City of Waukegan 95 111.2d 244,447 N.E.2d at 233-35 (1983). This case also over-ruled a 1974 court ruling favorable to home rule. 24 Chicago Health Clubs,Inc.v Picur 124I11.2d 1,528 N.E.2d 978(1988). 25"111inois Home Rule:A Thirty Year Assessment,"Policy Profiles,op.cit.,pp.1-5. Page 39 94 James M.Banovetz Table 6. Home Rule Referenda Record 1971-2000 Kind of Referenda Voted for Home Rue Voted Against Home Rule County Adoption of Home Rule 0 11 Municipal Adoption of Home Rule 72 79 Municipal Retention of Home Rule 25 4 Total 97 94 All referenda to adopt home rule by county governments were held after Cook County used its home rule powers to levy several new taxes;all failed, on average by a margin of 3-1. However,these referenda results are some- what murky because they contained two separate issues,adopting home rule and restructuring county government.26 On the question of whether or not a city or village should be a home rule unit,the results are mixed-an understandable outcome in a society founded on a legitimate concern for the misuse of government powers. Most of these are referenda in which voters who have not lived in a home rule government are deciding whether to adopt home rule.Given Illinois'history,the only surprise is that so many referenda supported home rule. Of greatest interest for this analysis are the outcomes in elections in which voters currently living in a home rule city are deciding whether or not home rule should be retained. These are voters who have experienced home rule powers,including home rule taxing powers,and who have an opportu- nity to abolish those powers. In these elections,voters opted to retain home rule in 25 out of 29 elections,or in 86 percent of the cases. Equally interest- ing,the average electoral outcome in these elections was a 3-2 margin in fa- vor of home rule.27 "In short, where home rule has been tried in Illinois,voters have been supportive of it."28 Further support for this conclusion can be gleaned from the municipal adoption referenda. The county with the highest percentage of home rule adoptions is Cook County which has home rule powers and whose voters had,by the time they voted on adoption of home rule for their own city or village,experienced county home rule and paid Cook County's home rule taxes. However, no analysis of these voting data and the hypothesis that elected officials with broad taxing power can and will misuse those powers 26 See footnote 6. These referenda can be interpreted as voter rejection of Cook County's new taxes,but Cook County's own voters have never voted on home rule retention. 27 There is a body of opinion among political scientists who specialize in analyzing election out- comes which holds that any outcome in which the margin of victory is 55 percent or more can qualify as a landslide victory. 28"Illinois Home Rule:A Thirty Year Assessment,"Policy Profiles,op.cit.,p.5. Page 40 Fiscal Responsibility 95 can be complete without an examination of the instances in which voters chose to abolish home rule powers. There were four:Lisle in 1977,Villa Park in 1980,Lombard in 1981,and Rockford in 1983. The Lisle abandonment represented an instance in which elected officials announced their intention to proceed with a plan to issue general obligation bonds to build a new city hall despite voter opposition to the plan expressed through an advisory referendum. Voters promptly petitioned for a referen- dum on the abolition of home rule;the referendum carried;home rule pow- ers were lost;and the city hall was never built. Villa Park and Lombard represented a different scenario altogether. In those communities,voters petitioned for an abandonment referendum and the issue was placed on the ballot. In each election campaign,supporters of abandonment asserted that abolition would reduce taxes by negating the taxes passed with home rule powers. The referendums passed,but tax re- ductions did not occur because neither community had used its home rule powers to levy or impose any taxes,including higher property taxes. The Rockford case presented a still different scenario. In that city,after years of delayed maintenance of the city's infrastructure,officials instituted a series of sharp property tax increases to upgrade and repair public facilities. The council could have raised the needed money without resorting to home rule powers by imposing local utility taxes,but it chose not to do so. Opponents of the property tax increases circulated a petition calling for a referendum on abandoning home rule. The referendum was held and home rule was abandoned. Shortly thereafter,a series of seven referenda were held to raise the city's property taxes above the statutory limit. Six of the seven referenda passed. These cases demonstrate that concerned citizens can,when alarmed about local home rule uses,effectively prevent misuse by placing the fate of home rule powers in the hands of the voters. Summation:Analysis of the Hypothesis This paper seeks to validate the popular belief,expressed constantly in election campaigns concerning home rule in Illinois,that,given sufficient discretion,local government officials will impose unwarranted taxation on their residents. The strongest case that can be made in support of this view is with reference to specific instances of home rule powers being used in un- warranted ways,and subsequently being overturned by the Illinois General Assembly,by the Illinois courts,or by local voters. The best case:examples of unwarranted use of home rule powers The clearest example of an unwarranted home rule use was Lisle's at- tempt to issue bonds to build a new city hall after voters had expressed their Page 41 96 James M.Banovetz opposition to the plan in an advisory referendum. Rockford's use of home rule powers to levy large property tax increases can also be cited in this cate- gory. The abandonment of home rule in Lombard and Villa Park is not a relevant example since assertions made to the voters regarding home rule taxes subsequently turned out to be false. A second example has been the rapid increase in the use of home rule taxes. This suggests that local officials make unwarranted use of their broader tax powers. The widespread use of these non-property taxes,have produced several instances of action to curb the use of home rule powers. Three relevant examples of possible unwarranted home rule uses were those taxes constrained by court decisions voiding Chicago's retail sales tax on services,on Chicago's tax on health club memberships,and utility taxes levied by Waukegan and several other home rule communities in excess of statutory maximums. The two home rule taxes subsequently altered by leg- islative action-the retail sales tax and the real estate transfer tax-might also be considered in a best case scenario. In this best case analysis,then,there have been seven examples of un- warranted use of home rule powers during Illinois'thirty year experience with very broad grants of taxing power. Weaknesses in the best case Even this best case,however,has obvious weaknesses. With the excep- tion of the unwarranted uses by Lisle(bond issue over voter opposition)and Chicago (sales tax on services,health membership tax),each example has mitigating circumstances. Rockford's voters,by approving six of seven property tax increase referenda after home rule's abandonment,gave evi- dence that they were less opposed to the higher taxes (policy use)than to the home rule decision process (policy procedure). The specific utility taxes voided by the courts were subsequently reinstated by the General Assembly. In the real estate transfer tax case,existing taxes were permitted to continue unaffected by the legislation. In the sales tax case,the General Assembly gave home rule municipalities special statutory power to access the state sales tax base and home rule use of retail sales taxes has actually increased as a result. Evidence disproving the he hypothesis The strongest evidence disproving the hypothesis comes from two dis- parate sources. One is the empirical research undertaken by Banovetz and Albritton,who failed to find evidence that home rule communities increased property taxes at a faster rate than non-home rule communities,and by Dye and McGuire,who found that non-home rule communities were raising property tax rates faster than home rule communities. Both findings under- cut the central premise of the opposition to Illinois'home rule system:that Page 42 Fiscal Responsibility 97 home rule's unlimited property taxing powers will lead to higher increases in property tax levies. The 2002 survey of home rule use added further data which undercuts the hypothesis. The second,strongest source of evidence comes from Illinois voters. While county home rule voters have been clearly negative,and voter support for home rule adoption has been mixed,the voters who were asked if they wish to continue a home rule system already in use have been strong in their support for home rule. In other words,voters who have home rule want to retain it;they do not feel victimized by unwarranted use of home rule taxing powers. The Anti-tax Hypothesis Evaluated As noted earlier,the Illinois experience with municipal home rule might well be said to represent the most severe test possible of the anti-tax hy- pothesis that,given sufficient discretion,local government officials will im- pose unwarranted levels of taxation on their residents.This review of that experience finds inadequate support for the hypothesis. Despite an extensive pattern of municipal use of home rule over the past thirty years,this study found only seven reasonably verifiable examples of unwarranted uses of home rule powers,only three of which represent un- equivocal instances in which the voters,the courts,or the legislature voided uses of home rule powers. Further,given the paucity of such unwarranted uses,it might reasonably be concluded that these examples are more impres- sive as evidence that home rule abuses can be,and are,adequately con- strained. Finally,the empirical and scholarly evidence against the hypothe- sis is compelling. Thus neither a rational nor an empirical basis could be found to establish a reasonable probability that, given the opportunity,local elected officials will enact new or higher taxes without regard for the wishes of the voters. Indeed,the Illinois home rule experience suggests that city councils and village boards have demonstrated impressive,although not complete,re- sponsibility in the use of local taxing powers. References Banovetz,J.and T.Kelty.2002.The Uses of Home Rule with Special Empha- sis on Taxation.Policy Profiles. Northern Illinois University Center for Governmental Studies,Vol.2,No.3,August. Banovetz,J. and T. Kelty. 1988.Illinois Home Rule and Taxation: A New Approach to Local Government Enabling Authority.Northern Illinois University Law Review,709. Page 43 98 James M.Banovetz Banovetz,J.and T.Kelty.1987. Illinois Home Rule: Image and Reality,Uni- versity of Illinois,Springfield. Banovetz,J.and T.Kelty.1985.Home Rule and Taxes:The Ultimate Issue. Illinois Municipal Review,July. Banovetz,J. and T. Kelty. Home Rule in Illinois,op. cit.,Ch.4,"Debt,taxes and home rule"pp.18-23. Braden,G. and R. Cohn. 1969.The Illinois Constitution:An Annotated and Comparative Analysis,p.499. Canfield,D.S. 1985. Illinois Home Rule and American Democracy:A Study of Anticipated Consequences and Prospects for the Future,Ph.D.disser- tation,Northern Illinois University,DeKalb. Day,R.L.1979. Innovation Adoption:Home Rule Use in Illinois,Ph.D. dis- sertation, University of Illinois,Urbana. Dye,T.F.and T.J.McGuire.1997. The effect of tax limitation measures on local government fiscal behavior.Journal of Public Economics 66:469. Fisher,Glenn W.and Robert P.Fairbanks. 1968. Illinois Municipal Finance, University of Illinois Press. Gierach,W.1977.Home Rule in Illinois:There Are Limits.Illinois Bar journal, No.66. Kennedy,D. 1971.Legal Services and Regulatory Procedures,in J. Banovetz, ed.,Managing the Modern City,403 Kustra,R.W.1975.The Formulation of Constitutional Home Rule in Illinois, Ph. D. dissertation,University of Illinois,Urbana. Northern Illinois University. 2001. Illinois Home Rule:A Thirty Year As- sessment. Policy Profiles. Northern Illinois University Center for Gov- ernmental Studies,February. Witwer,S.W.1974.Federalism and Constitutions:The Illinois Experience. National Civic Review,No. 63. Page 44 M Wil 1 es VOL. 2, No. 3 AUGUST 2002 cyprof 11 CENTER FOR GOVERNMENTAL STUDIES Northern Illinois University The Debate: • Home rule gives cities the issue: The Uses of Home Rule With Special power to solve local Emphasis on Taxation problems. (Supporters) James M. Banovetz and Thomas W. Kelty • Home rule gives cities too much power, especially too Public debate continues in Illinois over what was probably the single most significant much power to tax. change in Illinois law made when the state's present constitution went into effect in (Opponents) 1971. At issue is whether or not the constitution's home rule provisions gave individual cities too much power, especially too much power to tax. The Findings: A just completed survey, sponsored jointly by the Illinois Municipal League and the • Home rule taxes reduce Illinois City/County Management Association,offers new insight into the way home cities'reliance on the rule governments use their home rule powers.All Illinois' home rule municipalities property tax were asked how they were using home rule powers. Table 1 divides home rule communities into six groups based on population size and geographic location,shows • Cities use home rule to how many home rule communities are in each group,and the number and percentage respond to quality of life of respondents from each of the six categories. concerns. • Little voter opposition to home rule was reported in tableone home rule cities. Home Rule Survey Participation, 2002 Location&Size of #Home Rule* #Responding %Responding Municipality Cook Co. over 25,000 pop. 31 21 68 Cook Co.under 25,000 pop. 32 15 47 Collar Co. over 25,000 pop. 25 15 60 Collar Co. under 25,000 pop. 15 8 53 Outstate Co. over 25,000 pop. 19 13 68 Outstate Co. under 25,000 pop. 23 11 48 Total 145 83 57 *As of November 1, 2000, excluding Cook County and the City of Chicago. The overall response rate for the largest Larger communities make the most I L I, I NO IS communities, those over 25,000 popu- intensive use of home rule powers; lation,was 65 per cent;the response rate these are the same communities that had U N I V E R S I Y Y for the 70 home rule communities under the highest participation rate in the 25,000, each of which adopted home survey. rule by referendum, was 49 percent. Page 45 CENTER FOR GOVERNMENTAL STUDIES Northern Illinois University of is p l es p v ro What did the survey find? tabletwo The survey found that the frequency and Uses of Home Rule Powers breadth of home rule use increased significantly in some important catego- Function 1983-86 2002* ries and changed little in other categories Communities reporting 105 or 95% 83 or 57% during the years since similar surveys (Columns show percentage of respondents using home rule powers for the function) were conducted in 1983 and 1986.(See J. Economic Development ** 83 Banovetz and T. Kelty, Home Rule in Levy taxes based on home rule powers 57 83 Illinois: Image and Reality (Sangamon Regulation 72 78 State University: Illinois Issues, 1987.) Reduce the cost of borrowed money 90 74 Table 2 summarizes the findings from the Buy, sell, or lease property 43 73 2002 survey and compares them to the 1983-86 surveys. Regulatory Licensing 61 55 Intergovernmental Agreements 58 52 Several significant changes occurred Change structure of government 30 29 between 1986 and 2002. First and Exceed Tax Caps NA*** 22 foremost,of course,is a very significant Extend property tax beyond statutory limits 16 18 increase in the use of home rule taxing Listed in order of frequency of use ** powers.Of equal significance is an even Not tabulated,but incidence of use was second only to incurring debt ***There were no tax caps in 19s3-s6. sharper decline in the use of home rule powers to borrow money. While the Note: The lower survey participation in 2002 will cause some inflation in the percentages for that year since the majority of the non participants were small communities which, in general, make match less use of home first will suggest to some observers that rule powers. home rule governments are misusing financial powers, the second directly Doesn't the survey justify paid by the same or different people), countermands that conclusion. opponents' fears about home (2) are these new taxes being used to rule and higher taxation? reduce, hold down, or replace other, Other significant changes are found in the more onerous taxes, and(3) is the total increased use of home rule powers to buy, tax burden in home rule communities sell, or lease property and to levy higher The survey found that home rule cities heavier, more oppressive, and repug- salestaxes.But there was little si ficant and villages are clearly making signifi- � cant use of their power to levy taxes not nant to local taxpayers. change in the frequency with which home rule powers were used to engage in available to non-home rule govern- ments. The third question is the hardest of the regulatory activities, to utilize intergov- survey's y's findings Table 3 (s regarding the home page 3) reports the three to answer. Different cities and ernmental agreements, to change the survey villages provide different services. structure of government, or to extend rule taxes currently being levied. Most provide basic police, fire, roads, property taxes beyond statutory limits. Clearly, taxation has become a major and zoning services,but there are great . use of home rule powers during the past variations in the provision of such Economic development uses were not services as ambulance, park, water, categorized as such in 1983-86, but the 20 years. This finding raises the sewer,solid waste disposal,storm water survey results did report that the variety of question of whether home rule tax collection and disposal, planning, uses lumped into this category made it powers are being abused or used economic development, and other one ofthe most frequent uses ofhome rule excessively. Three other issues must be services. Even in the common services, powers at that time and it, along with considered to answer that question: (1) there is great variation: while all home rule taxation,remains one of the to whom i the burden of this additional communities provide roads, for ex- most frequent uses of home powers. taxation falling(i.e.,are the taxes being Page 46 CENTER FOR GOVERNMENTAL STUDIES Northern Illinois University of is p l es a v ro ample, not all provide and maintain their home community, they pay the leadership offered voters a choice. curbs, gutters, and sidewalks. Further, added sales taxes that may be imposed Without home rule powers, the city voters in some communities want by their community. If they rent hotel would have to levy higher property taxes higher service levels than do voters in and motel rooms in their home or a new tax on utilities to pay for the other communities. Because of such community, they will also pay those sewage plant expansion.Either tax would measurement problems, the survey did taxes. But non-residents also pay a have been paid exclusively by local not attempt to compare either total tax significant percentage of such taxes. taxpayers, but if the voters gave the city levies or costs of government in home home rule powers,the officials promised rule and non-home rule cities. A closer look at the taxes listed in Table to levy a higher sales tax to pay for the 3 will reveal that, of the nine taxes plant's expansion. Since the city had a The survey did,however,gather data to (excluding "other") listed there, only large shopping mall which drew custom- answer the first two questions and it did two,the wheel tax and the tax on the use ers from a 50-mile radius outside the gather information on voter response to of natural gas, are levied entirely upon community,the use of sales taxes to pay local use of home rule powers. This residents or businesses in the commu- for the expansion would mean that information is provided in the rest of nity. The other seven taxes fall on non- shoppers from outside the city would pay this report. residents as well as residents. By using a portion of the cost. Faced with that these taxes, home rule governments choice,the voters,by a 3-2 margin,gave Don't local residents have to pay reduce the percentage of the local tax Mount Vernon home rule authority. all the home rule taxes? burden being paid by local taxpayers. Some of the "other" taxes also fall on Local residents pay all the home rule The City ofMount Vernon offers a case in non-residents. The Village of Bedford taxes levied on activities in which they point. When the city was faced with the Park, for example, has a large stone engage. To the extent that they shop in need to expand its sewage plant,the city's quarry inside its corporate limits. The village uses its home rule powers to levy a tax on the mining and removal of the tablethree stone. Enough revenues are produced from the tax so that the village does not Use of Home Rule Taxing Power, 2002 have to levy a property tax to finance Kind of Tax No. of Municipalities village operations and services. Using It % of Total The principal taxes levied by non-home Additional retail sales taxes* 53 60.9 rule communities (taxes on property, Hotel-motel tax 52 59.7 utility bills, and auto ownership) fall Real estate transfer tax 31 35.6 exclusively on residents. Perhaps for Sales tax on restaurant food&beverages 22 25.3 this reason,only one of these home rule Gasoline tax 15 17.2 taxes —the real estate transfer tax— Amusement tax 12 13.8 has been strongly opposed by local Wheel tax 7 8.0 residents. That opposition resulted in Retail sale of new motor vehicles tax 2 2.3 the passage of a new state law requiring Use of Natural Gas 2 2.3 local voter approval in a referendum Other 4 4.6 before any new real estate transfer tax Number reporting not using any could be imposed by a home rule home rule tax 14 16.1 community. *See the discussion of sales taxes for further explanation of this item. Thus, survey data suggest that home rule tax powers have predominantly Page 47 CENTER FOR GOVERNMENTAL STUDIES Northern Illinois University of is p l es p v ro been used to shift a portion of the local levies. What evidence is available of home rule communities levy property tax burden to non-residents. To the suggests that voters support home rule taxes in excess of the statutory limits extent that this is so,their use lessens the in part because of the home rule sales that would apply to them if they did not percentage of the local tax burden tax option. The business community in have home rule powers, and 22 percent borne by residents. Sycamore, Illinois, for example, urged of the communities reported that they the city council to ask voters for home have, in one or more years, levied Does home rule result in excessive rule approval so the city could levy property tax increases that exceeded the imposition of sales taxes? higher sales taxes rather than increase tax cap limitations which applied to property taxes to finance needed non-home rule communities in those As Table 3 reports, 61 percent of home municipal improvements. years. rule communities levy sales taxes over and above the one percent rate allowed Sales taxes also provide a way of But there is also evidence that home rule by law to all municipal and county funding local services that is viewed as communities, as a group, rely less on governments in the state. The 1983-86 less painful than higher property taxes. property taxes for local revenues than survey found that only five percent of This was the case in Mount Vernon. do non-home rule cities and villages.In home rule communities levied home Other communities do this in different other words, the survey found support rule sales taxes at that time. Thus, the fashions. Carbondale, for example, for the contention that home rule non- single biggest change in the use of home dedicated a part of its home rule sales property taxes are widely used to hold rule powers between the 1983-86 tax revenues to paying for the down or reduce property tax levies. surveys and the 2002 survey was in the construction of a new high school. much more frequent use of sales Eighty-three percent of Bloomingdale Table 4, for example, provides survey taxation to finance local government voters, in an advisory referendum, data which suggests that home rule operations. approved the village's plan to use communities, as a group and when higher sales taxes to purchase and divided by population size and location, Interestingly,this increased use of sales preserve open space in the community. rely less heavily on property taxes for taxes came in large part as a result of a their revenue than do non-home rule law passed by the Illinois legislature in Despite such evidence, however, if communities. This is true even for 1992 prohibiting home rule retail sales sales and other home rule taxes are communities which levy taxes in excess taxes. To replace such taxes, the state accompanied by large increases in of applicable tax caps. The data in the gave home rule communities authority property taxes,then they could fairly be table compares the percentage of total to increase the local option component challenged as abusive. If not, such a municipal revenues derived from prop- of the state retail sales tax (technically charge would be hard to sustain. erty taxes by home rule communities called a retail occupation tax) from the with the percentage for all Illinois cities, one percent authorized for all cities and More to the point, it is not sales and villages, and incorporated towns. counties to as much as 2.5 percent. home rule taxes,but rather the potential Because this new arrangement gave misuse or abuse of the property tax,that Two qualifications must be made home rule governments the freedom to has concerned home rule opponents. when interpreting the data in Table 4(on levy higher sales taxes without having page 5): to incur any collection costs,the use of So do home rule communities levy home rule sales taxes increased rapidly higher property taxes? ■ While only 44% of the home rule thereafter. communities responded to this part The survey evidence relating to this of the survey, making any definitive In part, too, home rule governments question is mixed. Some evidence (see conclusions difficult to reach, the turned to the use of sales taxes because Table 2) indicates that some home rule data collected offers no support for there is little evidence of significant communities do use home rule powers the notion that home rule voter opposition to higher sales tax to levy higherproperty taxes: 18 percent communities, on average or in Page 48 CENTER FOR GOVERNMENTAL STUDIES Northern Illinois University of is p l es a v ro general, are imposing property tax burdens higher than those imposed tabl efour in non-home rule communities Municipal Reliance on Property Taxes: Percentage of Total (which make up the greatest part of Municipal Revenues Derived from Property Taxes the statewide average of all municipalities). Category All Home Rule Taxing Property Over Statutory Limits ■ All else being equal, home rule Cook County<25,000 18% 23% communities should show a higher Cook County>25,000 18% than average level of dependence on Collar Counties <25,000 13% ° property taxation.Normally,the cost 0 I 1*o of government, on a total and per Collar Counties>25,000 15/o capita basis,will be higher in larger Outstate <25,000 15% 16% communities. Since all but one of Outstate >25,000 10% Illinois'cities over 25,000 population Statewide Average** 26% have home rule powers and higher costs, and since the smallest Illinois * Too few cases for valid statistical comparison ** cities and villages are predominantly Source: Statewide Summary of Municipal Finances, 1998,Report of the Comptroller General of Illinois non-home rule with lower costs, Note:Data from survey are for year 2000;statewide data are for most recent year available, 1998. home rule communities should show higher dependence on property taxes.This survey provides evidence which suggests that they do not. tablefive That Illinois home rule cities appear to Average Annual Growth Rates of Property Taxes rely less on property taxes is not because Communities Number Growth Rate Growth Rate such cities cost less to govern and serve, W/O Cap W/Cap but more likely because they are able to Non-Home Rule 104 14.57 7.14 use other kinds of taxes — especially Home Rule 134 9.03 7.55 taxes paid in part by non-residents—to reduce their dependence on property Source:R.F.Dye&T.J.McGuire,Journal of Public Economics 66(1997) taxes.It is most likely,for example,that the relatively low percentage of total revenues derived by home rule Are the survey findings consistent the tax cap are taken into consideration, communities from property taxes is with other published research? Dye and McGuire did not find the rate of related to the widespread use of the sales increase in property taxes between tax as an alternate revenue source in home rule and non-home rule Only one other study, published in the those communities. Journal of Public Economics, has communities to be significantly different. Given these considerations, the most analyzed the effect of home rule on What then can be said about the reasonable conclusion is that (1) home property tax increases. In that study, rule governments, on average, do not summarized in Table 5,R.F.Dye and T. relationship between home rule J. McGuire found that municipal and taxes? finance a higher percentage of their property taxes in Illinois have increased costs using property taxes, but rather that(2)they do a better job of spreading more rapidly in non-home rule Whatever else home rule has their tax burdens among a variety of communities than in home rule accomplished for Illinois cities and taxes less onerous to local taxpayers. communities. Even when the effects of villages, it has managed to spread tax Page 49 CENTER FOR GOVERNMENTAL STUDIES Northern Illinois University of is p l es p v ro burdens among a larger number of having to bear a high portion ofthe cost of Village), and providing affordable different taxes and, thereby, it has expanding certain government services, senior citizen housing sites (Wilmette). reduced local reliance on property such as education and parks, needed to taxes. serve residents in new subdivisions. How is home rule being used for regulatory purposes? Since property taxes are widely regarded, Home rule communities use home rule nationally as well as in Illinois, as the powers to impose a broad and flexible Table 6(on page 7)summarizes the most least fair form of taxation, home rule's array of impact fees on developers.Non- common regulatory uses of home rule impact can be said to have transferred home rule communities may require that powers. the burdens of municipal finance residential developers donate land, or toward taxes that enjoy, if not greater cash in lieu of land,to help defray the cost Examples of the use of home rule powers voter support, then certainly less voter of school and park expansion, but the in the regulatory area include: increasing animosity and opposition. scope of their authority is much narrower the frequency of building inspections of than the powers being used by Illinois' rented housing units (Northbrook, What other changes have resulted home rule communities. Addison, Hanover Park), requiring from the use of home rule powers? permits for fiber optic trenching permits Initially, home rule governments used (Granite City), controlling handgun The survey shows that home rule's other their home rule powers to impose impact ownership and use (Morton Grove, major impacts have occurred in the fields fees to transfer more of the burden of Niles),and requiring hazardous materials of economic development, regulation, expanding education and park facilities cleanup(Morton Grove). and changes in the organization and from old to new residents.More recently, structure of local governments. home rule communities have enlarged the How much political opposition is list of government service expansions there to the use of home rule Aging and declining communities use being expanded with the help of impact 9 home rule to attract new business fees. The first expansion was for powers. development; rapidly growing transportation impact fees, used to communities use home rule both to enlarge and expand major arterial streets Respondents to the survey reported very control development and to make to accommodate the increased traffic that little voter opposition to the use of home developers pay more of the increase in follows new development. Some rule powers. Two questions were asked public services costs attributable to their communities are now adding impact fees regarding voter opposition.The questions developments. Home rule communities to help cover the cost of expanding and their answers are set forth in Table 7 use their expanded powers to broaden library, fire protection, and, in some (on page 7).Because of the frequent turn- zoning regulations, negotiate tax cases, even general municipal service over in local officials,and the limitations concessions, develop special planning costs. on memory,such data must be considered and subdivision control regulations, and valid for a limited period of time,such as design programs to limit and eradicate Other examples of the use of home rule the last decade. neighborhood blight and deterioration. powers to promote economic and community development include: This data is also supported by the Illinois home rule communities, for establishing special economic frequency of referenda called by local example,have established a broad use of development districts within the voters to rescind home rule powers.There impact fees to help finance community community with special zoning and were 21 such referenda between 1971 and development. Impact fees are fees development goals (Skokie), providing 1981; three were successful. There were charged developers to recover increases homeowner loans to improve blighted only eight such referenda between 1982 in governmental costs associated with properties(Evergreen Park),authorizing and 1992;only one was successful.There real estate developments; they are a city purchase of properties in blighted have been no such referenda in Illinois device used to protect local residents from commercial districts (Elk Grove since 1992. Page 50 CENTER FOR GOVERNMENTAL STUDIES Northern Illinois University of is p l es a v ro tablesix The Regulatory Use of Home Rule Powers Question # Responses % Question # Responses % Do you use home rule to: 1. Develop regulations on: 2. Engage in licensing or franchising: Curfew 18 20 Liquor sales 15 17 Environment 11 13 Towing truck operators 13 15 Liquor sales or use 35 40 Cable TV 16 18 Zoning 42 48 Utilities 13 15 Other juvenile concerns 13 15 Mobile Homes 9 10 Land use planning/subdivision 34 39 Nursing homes/ 7 8 control retirement communities tableseven Measures of Voter Discontent with Home Rule Question Response Number Percent Has there been an effort to submit a referendum to abandon Yes 3 3.4 home rule in your community? No 79 90.8 Have there been any periodic, significant criticism or attacks Yes 1 1.1 on home rule in your municipality? No 81 93.1 What does this record show? The record would seem to indicate that there has been growing voter acceptance of home rule in the communities which are using home rule powers.While taxation is a major use of home rule powers,the home rule taxes employed spread the cost of local government to non-residents as well as to residents and appear to be easing municipal reliance on property taxes. Finally, home rule communities are employing home rule powers for purposes other than taxation,principally to promote economic development and enhance governments' ability to address a wide range of local problems using regulatory and other measures. Home rule, in short, appears to have proven itself an important weapon in empowering local governments to respond constructively to voter and quality of life concerns. Page 51 olio a v p ro i es Center for Governmental Studies Northern Illinois University EDITORIAL ADVISORY BOARD: ABOUT THE CONTRIBUTORS: Ken Alderson James M. Banovetz is a senior research Executive Director,Illinois Municipal League fellow at the Center for Governmental Studies, Northern Illinois University. A specialist in • • Kathy Buettner Executive Director,State&Federal Relations, local government administration and manage- _ ment, he was a consultant to the Local • Northern Illinois University •_ .• •• _• Government Committee of the 1970 Illinois _ Philip Bus Constitutional Convention. His research on • • •_ _ • • Executive Director,Kane County Development Illinois home rule has been published in Department Illinois Issues, Northern Illinois University Steven C.Carter Law Review,Illinois Municipal Review,and in City Mana g er City of Champaign the Midwest Regional Science Quarterly. • _ Robert J.Christie • Thomas W. Kelty is a principal in the _ Vice President,Public Affairs,Northwestern Springfield, Illinois, firm of Kelty Law Memorial Hospital Offices, P.C., where he concentrates in the _ Roberta Lynch areas of municipal law, municipal finance, Deputy Director,American Federation of land use planning and development,corpora- State, Coun &Municipal Employees tY P tion law, and commercial litigation. General Douglas L.Whitley Counsel to the Illinois Institute for Local President,Illinois Chamber of Commerce Government Law, he has represented hun- John Zeunick dreds of Illinois cities,villages, and counties County Administrator,McLean County over the last 30 years. 'The views expressed in this edition of Policy Profiles are those of James M.Banovetz and Thomas W.Kelty and do not necessarily represent the views of the Center for Governmental Studies or of Northern Illinois University. Page 52 The Status of Illinois Home Rule, Part I: Home Rule Cities And The Voters By JAMES M. BANOVETZ Northern Illinois University With the November 2002 election results compiled,and referendum on the retention of home rule powers. In all of the addition of Bridgeview and Oakbrook Terrace to the these cases, Berkeley, Lincolnshire and Rolling Meadows, roster of home rule cities and villages,the number of Illinois voters opted to retain home rule. municipalities with such powers has now climbed to 153. Home rule retention elections Of these, 78 gained home rule by achieving or surpassing There have been 31 elections in which voters were the 25,000 population mark; the remaining 75 gained it by asked whether or not they wished to keep the home rule referendum. powers already provided to their community. Voters chose Table 1 lists the 153 home rule communities.Those that in 27 of these elections, or 87 per cent,to retain their home adopted home rule by referendum are shown with the date rule powers. of the referendum; those listed without a date gained home Retention elections occur for either of two reasons: (1) rule powers by virtue of their population size. voters dissatisfied with their community's use of home rule Municipalities with a population of 25,000 or more powers may petition the court for a retention election—this automatically have home rule powers unless voters rescind has happened 25 times; or (2) a community which gains those powers through a referendum. home rule powers by population is required by law to hold Home rule cities in Illinois are drawn from all classes of a retention election if its population later falls under the communities, from Chicago with its 2.9 million people to 25,000 ceiling—this has happened six times. even the smallest communities,such as Muddy with a 2000 Of the 25 retention elections held in response to voter population of 78. They come from all parts of the state with petitions,home rule was retained in 21,or 84 per cent of the the greatest concentration found in the Chicago elections. Home rule was retained in all six of the retention metropolitan area. elections held because a community's population had fallen Voter attitudes toward home rule under 25,000. In the aggregate,voters in retention elections Voters' attitudes toward home rule appear to have chose,by a margin of greater than 2-1, to retain home rule become more positive in recent years. In home rule's early powers. years, 1971-75, referenda approving home rule Is home rule an issue with voters? outnumbered those disapproving by a 3-1 margin. That In a survey of all home rule communities undertaken margin slipped to less than 1.5 to 1 in the 1976-85 period, jointly by the Illinois Municipal League and the Illinois then fell further to 1-1.3 against in 1986-99 period. But City-County Management Association in 2001-02, since the turn of the century, voter approval has turned communities were asked whether: (1) there had been a positive, if just barely. There were 13 referenda on home recent effort to submit a petition to call for a retention rule in the first three years of the 21st century; home rule election to abandon home rule, and (2) there had been any was approved in seven of these elections. But this record periodic,significant criticism or attacks on home rule in the combines two very different kinds of elections: adoption community. Of the 83 communities responding to the referenda and retention referenda. survey, 91 per cent answered"no"to both questions. These Adoption referenda findings suggest that the use of home rule powers is not There have been 158 referenda since 1971 in which generating significant opposition among voters in municipal voters have had the opportunity to adopt home communities which already have home rule. rule. They did so in 77 of these elections, or 49 per cent. This conclusion also finds support among the referenda That means voters turned down home rule in 81 record on home rule. Understandably, and appropriately, elections. In five communities,voters rejected home rule in the mixed results of home rule adoption referenda indicate more than one election. In five others,voters rejected home that voters considering the adoption of home rule are very rule when it was first put on the ballot,then adopted home skeptical about giving a broad grant of power,including tax rule in a later election. In Lincolnwood and Oakbrook power, to their municipal government. On the other hand, Terrace, voters rejected home rule twice before finally the support shown for home rule in retention elections adopting it in a third election. indicates that a substantial majority of voters in home rule From another perspective, of the 153 communities communities trust their local officials with home rule which have had referenda to adopt home rule, 77,or 50 per powers. cent,ultimately did so. Of these 77, 75 communities,or 97 Indeed, in one of the most recent retention elections, per cent, still operate under home rule powers. The two held at the request of a voters'petition in Rolling Meadows who do not are National City, which was dissolved as a in 1999, voters supported home rule by a margin of more municipal corporation when its last residents moved away, than 9-1. and Lisle,which later abandoned home rule by referendum. Further results of the survey on home rule will be In addition to Lisle, three other communities which reported in subsequent articles. ■ gained home rule by referendum also had a subsequent December 2002/Illinois Municipal Review/Page 7 Page 53 Home Rule Units In Illinois As of November 20, 2002 Dates listed indicate the year the community adopted home rule by referendum. I. Counties Darien,2001 Lincolnshire, 1975 Peru, 1981 Cook Decatur Lincolnwood, 1997 Quincy Deerfield, 1975 Manhattan, 1996 Rantoul, 1982 II. Cities and Villages DeKalb Marion, 1994 Robbins, 1998 Addison Des Plaines Mascoutah, 1979 Rockdale, 1982 Alsip, 1990 Dolton Maywood Rock Island Alton Downers Grove McCook, 1971 Rolling Meadows, 1985 Arlington Heights East Hazel Crest, 1989 Mettawa, 1990 Rosemount, 1972 Aurora East St. Louis Moline Round Lake Beach Barrington Hills, 1990 Elgin Monee, 1996 St. Charles Bartlett Elk Grove Village Monmouth, 1999 Sauget, 1976 Bedford Park, 1971 Elmhurst Morton Grove Schaumburg Belleville Elmwood Park Mound City, 1973 Schiller Park, 1994 Bellwood, 1994 Elwood, 1997 Mount Prospect Sesser, 1989 Berkeley, 1996 Evanston Mt.Vernon, 1986 Sherman,2002 Berwyn Evergreen Park Muddy, 1981 Skokie Bloomingdale, 1996 Fairview Heights, 1993 Mundelein South Barrington, 1975 Bloomington Flora, 1975 Murphysboro, 1994 South Holland Bolingbrook Freeport Naperville Springfield Bridgeview,2002 Galesburg Naples, 1982 Standard, 1975 Bryant, 1974 Glendale Heights Niles Stickney, 1974 Buffalo Grove, 1980 Glen Ellyn Normal Stone Park, 1972 Burbank Glenview Norridge, 1973 Streamwood Burnham, 1980 Glenwood, 1986 Northbrook Sycamore, 1996 Cahokia, 1996 Golf, 1976 North Chicago Thornton, 1980 Calumet City Granite City Northlake, 1994 Tinley Park Calumet Park, 1976 Gurnee Oak Brook Terrace,2002 University Park, 1975 Carbondale Hanover Park Oak Forest Urbana Carol Stream Harvey Oak Lawn Valmeyer, 1994 Carpentersville, 1993 Harwood Heights, 1995 Oak Park Washington, 1998 Champaign Highland Park Old Mill Creek, 1993 Watseka, 1975 Channahon, 1982 Hillside, 1995 Onarga, 1997 Waukegan Chicago Hodgkins, 1996 Orland Park West Dundee, 1990 Chicago Heights Hoffman Estates Palatine Wheaton Chicago Ridge, 1994 Hopkins Park,2001 Park City, 1973 Wheeling, 1977 Cicero Inverness,2000 Park Forest Wilmette Country Club Hills, 1993 Joliet Park Ridge Woodridge, 1975 Countryside, 1972 Kankakee Pekin Crystal Lake Lake Barrington, 1991 Peoria Danville Lansing Peoria Heights, 1986 Ad Copy Page 8/Illinois Municipal Review/December 2002 Page 54 The Status of Illinois Home Rule, Part III: Do Home Rule Communities Levy More Property Taxes? By JAMES BANOVETZ and THOMAS W. KELTY Does adopting home rule mean that property taxes will Table 1: Municipal Reliance on Property Taxes increase? Percentage of Total Municipal Revenues Derived The opponents of home rule —the optional system for empowering city and village governments to act—assert that from Property Taxes property tax increases are the inevitable consequence when Average of home rule is adopted. All Home An examination of the record does not support oppo- nents'claims. Several scholarly studies have been made of the Rule Over use of property taxes in home rule cities and villages during the Average All Statutory 32 years since home rule first became available to Illinois cities Category Home Rule Limits and villages. This article summarizes the results of those stud- Cook County Over 25,000 18% 23% ies. A study of 134 home rule and 104 comparable non- Cook County Under 25,000 18% home rule communities recently published in the Journal of Public Economics reported that property tax rates levied by Collar Counties Over 25,000 13% 11% non-home rule communities prior to the adoption of tax caps rose 61 per cent faster than rates levied in the home rule com- Collar Counties Under 25,000 15% munities over the same period of time. Further,the study found that the rate of increase in property taxes in the two communi- Outstate Over 25,000 15% 16% ties were comparable despite the fact home rule home rule communities were not subject to tax cap limits. Outstate Under 25,000 10% An earlier study by Professor Robert Albritton reached similar conclusions. It found that population size and geo- State-Wide Average** 25-30% graphic location had a greater effect on the rate of increases in property tax levies than home rule status, and that,when con- * Too few cases for valid statistical comparison trolled for these variables, the average property tax levy for ** Source: Recent annual Statewide Summary of home rule communities was the same as the average property Municipal Finances,report of the Illinois Comptroller tax levy for non-home rule communities during the first ten years of Illinois'home rule experience. A just completed survey of Illinois home rule communi- ties found that home rule communities are less dependent on voted by a margin of more than 3-2 to retain their community's property taxes for their revenues than are non-home rule com- home rule powers. munities. On average, according to annual surveys published In three of the four communities that did reject home rule by the Office of the Illinois Comptroller, cities and villages powers,the use of property taxing powers was the major issue derive 25-30 percent of the revenues from property taxes. The put before the voters. In Lombard and Villa Park,voters were 2002 survey of Illinois home rule communities found that, on promised by home rule opponents that getting rid of home rule average, home rule communities derived 10 to 20 percent of would lower their property taxes. The voters in those commu- their revenue from property taxes,depending upon their popu- nities voted home rule out,but their property taxes did not go lation and geographic location. The data are shown in Table 1. down because home rule powers had not been used to raise To be sure,there are some—fewer than one in five home property taxes. rule communities at last count—that do levy property taxes at rates higher than would be allowed by statute for non-home In the third case involving property taxes, Rockford voters rule communities. But not even these communities use all the decided to abandon home rule and their property taxes did go taxing powers given to non-home rule communities by law. down. So too did municipal services with the result that vot- Rather,to these communities,elected officials have determined ers, in the months following home rule's abolition, voted in that local residents would rather pay higher property taxes than five of seven referenda to increase their property taxes. some of the other taxes,like utility taxes,which non-home rule No community has voted to eliminate home rule since cities can levy to finance the services they provide. Rockford did so in 1983. As home rule's record has become In short, there is no economic data that supports the con- better established and known,there have been fewer such ref- tention that property taxes necessarily or even usually increase erenda and, in those referenda, voters have, by margins of as faster in home rule communities than in non-home rule com- much as 9-1,chosen to retain local home rule powers. munities. There is no evidence in the record that home rule taxing Available evidence also suggests that voters in Illinois powers are being misused. ■ home rule communities do not believe that home rule has led to undesirable rates of taxation. Voters in all home rule com- 1. T.F.Dye and T.J.McGuire,"The effect of tax limitation measures on munities have the option to stop home rule tax levies b voting local government fiscal behavior," Journal of Public Economics, 66 p p Y g (1997)469. home rule out. And, indeed, in the last 32 years, home rule 2. Reported in J.Banovetz and T.Kelty,Home Rule in Illinois:Image and opponents have succeeded 29 times in placing the elimination Reality,(University of Illinois,Springfield),1987 at 18-23. of home rule on the ballot in a home rule community. Most of the resulting election campaigns were fought on the issue of James Banovetz is Professor Emeritus and Senior Research Fellow of the Center for Governmental Studies at Northern Illinois University. whether taxes, and especially property taxes,were being mis- Former legal counsel to the Illinois Municipal League,Thomas W.Kelty is used. Voters approved the retention of home rule powers in 25 the senior member of Kelty Law Offices, P.C., Springfield, Illinois and of these 29 elections, or 83 per cent. In the aggregate, they general counsel to the Illinois Institute for Local Government Law. April 2003/Illinois Municipal Review/Page 15 Page 55 HOME RULE AND DEVELOPMENT James M. Banovetz People tend to equate home rule and taxation, and indeed taxation has emerged as one of the key uses to which home rule is put. Less well known, and probably just as significant, is the way home rule is being used to promote a wide variety of development objectives. The 2002 survey of home rule uses documented, not only heavy development use, but increasingly creative use of home rule powers for developmental purposes. Chief among these is the expansion underway in the use of impact fees. Impact fees are now being used to finance more of the costs of development than the traditional school and park impact fees. Impact fees are now being used to support: Libraries (Arlington Height, Bartlett, Channahon, Carol Stream, Manhattan, and Wheeling); General Municipal service expansion (Carol Stream, Channahon, and Manhattan); and Police services (Bartlett). Skokie uses its home rule powers to create Economic Development Districts. These are special districts created by ordinance. Each district is used as a basis for formulating its own zoning and economic development goals. Other notable new uses of home rule in conjunction with development include Joliet' s neighborhood improvement program in which the city shares infrastructure costs with residents ; Wilmette's transfer of park property to use for the development of senior housing, and Elk Grove Village's use of home rule to support its efforts to purchase and redevelop property in blighted commercial areas. Rock Island uses home rule to offer annexation agreements under which the city rebates taxes for the annexed land until development occurs on the land. Addison used home rule to extend the length of its annexation agreements. Lincolnshire and Schiller Park both have used home rule to combine their planning commissions with their boards of zoning appeals. Addison has raised its home rule sales tax to underwrite bonds issued to raise money to spur redevelopment of buildings, including public buildings. Home rule is truly for something other than levying taxes. Reference: City/County Management in Illinois, Vol.83, No. 10, June 2003 �Ity Warrenville HOMETOWN HAPPENINGS: WINTER 2003 26VM701 Stafford Race • Wa rrenvdie.IL 611555 WWW.WARRENVILLE.IL.US (mil www.warrenville.il.us Home Rule Referendum Winter 2003 On July 21, 2003, the Warrenville City Council voted to pursue a referendum on home rule authority at the March, 2004, primary election. A citizens committee formed to seek petition signatures to put home rule on the ballot.If granted, the home rule authority will only apply to City government. With- out home rule, the City is restricted to the powers that are specifically listed in state statutes. With home rule,the City would have the flexibility to address local matters unless that power is specifically denied by the state. INSIDE THIS ISSUE: City Issues Regarding Home Rule Public Safety/Additional Patrol Officers In recognition of growing demands on public safety, the City Council recently approved hiring of up to three additional Police Officers.New revenue will be needed to pay for these officers. Property Maintenance Codes Without home rule, Code Enforcement Officers must rely on complaints,observations from the street, and the voluntary compliance of property owners.In order to maintain attractive neighborhoods,prop- erty maintenance codes must be enforced. Home rule authority can also allow for broader regulation of large rental complexes. These simple tools would assist the City in monitoring overcrowding and ® illegal room conversions. City Finances Over the past five years,non-personnel expenses have remained static or been reduced each year. Just like most businesses, City costs are rising faster than revenues. Further, significant expenditure cuts ® can only be made in areas that affect services. The Council wishes to find revenue sources that do not increase property/utility taxes and fees such as the vehicle sticker. Passage of a home rule referendum in Warrenville would provide the City Council with several sig- nificant sources of revenue that are not currently available. Examples include a more diverse use of the existing hotel and motel taxes, implementation of a restaurant and bar tax, or additional sales tax. If enacted under home rule authority,these taxes would provide sufficient revenue so that the City can avoid property and utility tax increases. A real estate transfer tax can only be imposed by another ref- erendum. 10 The Debate: Home rule gives cities the power to solve local problems(supporters) 11 Home rule gives cities too much power, especially to tax(opponents) 12 -Continued onpage 3... Edited by Ana Vainisi Executive Secretary/ Deputy City Clerk Page 57 Page 2 Hometown Happenings:Winter 2003 www.warrenville.il.us Hometown Happenings is published by the City as a public information service for our residents City Council Meetings are held at 7:00 p.m. at the Warrenville City Hall on the and businesses first and third Monday of each month. Committee of the Whole Meetings are held at 7:00 p.m. at the Warrenville City City of Warrenville Hall as follows: www.warrenville.il.us Finance:2nd Monday of January,March,May,July, September,November Community Development:4th Monday of January,March,May,July, Septem- Mayor:Vivian M.Lund ber,November vlund @warrenville.il.us Public Safety: 2nd Monday of February,April,June,August,October,December City Clerk:Emily J.Larson elarson @warrenville.il.us Channel 10 Program Schedule CITY HALL HOURS City Treasurer:Robert Johnson Council Meetings Monday through Friday Wednesday 7:00 p.m. 8:00 a.m.to 5:00 p.m. Aldermen Thursday 10:00 a.m. &7:00 p.m. Linda Spicer:lspicer @warrenville.il.us Ward 1 Friday&Saturday 7:00 p.m. OLICE DEPARTMEN James McGuire:jamesmcguire @warrenville.il.us Sunday 10:00 a.m. &7:00 p.m. HOURS Ward 2 Committees Monday through Friday David Schultz:davidschultz @warrenville.il.us Monday 7:00 a.m. 8:00 a.m.to 11:00 p.m. Mark Lamberg:mlamberg @warrenville.il.us Tuesday 7:00 a.m. &3:30 p.m. Saturday Wednesday 2:30 p.m. & 11:00 p.m. 9:00 a.m. to 9:00 p.m. Ward 3 Thursday 2:30 p.m. Gary Reader:greader @warrenville.il.us Friday& Saturday 7:00 a.m. & 11:00 p.m. David Brummel:dbrummel @warrenville.il.us Ward 4 George Safford:gsafford @warrenville.il.us Public Utilities Christopher Stull:cstull @warrenville.il.us Commonwealth Edison ............(1-800-EDISONI)...............1800-334-7661 SBC(Repair) .............................................................1888-611-4466 City Administrator SBC Customer Service ...................................................1800-660-3000 John M.Coakley NICOR.....................................................................1888-642-6748 Police Chief Comcast Cable ...................................................................266-8808 Robert LaDeur ARC Disposal .............................................................1847-981-0091 Warrenville Water/Sewer Division ............................................393-5753 Community Development Director Ronald Mentzer Local Schools Director of Finance&Information Community School District#200 offices.....................................682-2000 Services Bower Elementary School......................................................393-9413 Erik Bush Johnson Elementary School ................................................... 393-7187 Four Winds Waldorf School ................................................... 836-9400 Public Works Superintendent Hubble Middle School ..........................................................682-2160 Michael Smith St.Francis Catholic High School .............................................668-5800 St.Irene Catholic School .......................................................393-9303 Wheaton-Warrenville South High School ................................... 682-2120 Services Available at City Hall Government and Civic Numbers ❑ Temporary Handicapped Parking Placards City Hall—Administration,Finance&Elected Officials ................393-9427 ❑ Dog Tags Police/Fire Response Number....................................................... 911 ❑ "No Solicitors"Cards Police Department Administration ...........................................393-2131 ❑ Payment of Water& Sewer Bills Community Development—Building and Code Enforcement............393-9050 ❑ Notary Public Community Development—Planning and Zoning Division ..............393-9050 ❑ Voter Registration Public Works Administration—City Garage ...............................393-1223 ❑ Sale of Refuse Stickers&Recycling Bins Warrenville Fire Protection District .........................................393-1381 ❑ Building Permits/Zoning Issues Warrenville Library District ...................................................393-1171 Warrenville Chamber of Commerce .........................................393-9080 El Property Maintenance Code Enforcement Warrenville Post Office .......................................................393-1109 ❑ Requests for Public Records Warrenville Youth&Family Services .......................................393-7057 Page 58 Page 3 Hometown Happenings:Winter 2003 www.warrenville.il.us MUNICIPAL Home Rule Referendum (Continued) Unlike property and utility taxes, home rule authority taxes may be applied primarily to non-essential purchases. It also allows the City to capture revenue from the multitude of visitors who eat in our restaurants, visit our bars, or shop here. While the visi- tors are welcome to enjoy the numerous amenities of our community, they do create additional traffic, retail crimes, and police calls. Recouping tax revenue from non-residents to pay for the additional police service or wear and tear on our roads is a more equitable way to cover the costs of these services and reduce the burden on the local taxpayer. Land Acquisition The Council would like to help the school district purchase land for a new middle school to be located in Warrenville. As a non- home rule community,the City is in a difficult position to accomplish this goal. As a home rule unit,the City could purchase the desired site as open space and have more flexibility in working with the school district. According to a study by the Northern Illinois University Center for Governmental Studies, cities with home rule authority did not abuse their taxing authority. In fact, when additional tax revenue was needed, they relied on creative sources of tax revenue that did not solely target the property owners. Home Rule Units of Government The home rule provisions in the 1970 Illinois Constitution allows for broader more flexible authority for home rule units of gov- ernment. `A home rule unit may exercise any power and perform any function pertaining to its government and affairs includ- ing, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license, to tax, and to incur debt."(Article VII, Sec. 6 of the 1970 Illinois Constitution). As urbanization increased and municipalities became less rural,the complexity of their problems warranted the ability to address them at the local level. Hence, home rule was born. The term "home rule" designates the concept of"local control" or "self- government"(Illinois Municipal Review,June 1997). From Illinois Home Rule: A Thirty Year Assessment by James M. Facts About Home Rule Banovetz and Thomas W. Kelty, as printed in Policy Profiles, by the ❑ Home rule is automatically granted when Center for Governmental Studies, Northern Illinois University, Febru- a local population hits 25,000 ary 2001 ❑ For cities under 25,000 population,home rule can be granted by referendum The Debate: ❑ Home rule can also be removed by refer- Home rule gives cities the power to solve local problems(supporters) endum Home rule gives cities too much power,especially to tax(opponents) ❑ Half(18 out of 36) of the municipalities in DuPage County are home rule The Findings: ❑ There are 153 home rule communities in Home rule taxes reduce the cities'reliance on property tax Illinois ❑ Under home rule, local decisions con- Cities use home rule to respond to quality of life concerns tinue to be made by the City Council, consisting of Aldermen elected by Little voter opposition to home rule was reported in home rule cities Warrenville citizens "It (home rule) gives residents in non-home rule counties, cities, and villages additional options when searching for new ways to solve com- munity problems." -Continued on page 4. Page 59 Page 4 Hometown Happenings:Winter 2003 www.warrenville.il.us MUNICIPAL HAPPENINGS Home Rule Referendum (Continued) Additional Resources on Home Rule Authority Home Rule, the Aftermath of a Revolution by Thomas Kelty and James Banovetz Illinois Home Rule and Taxation:A New Approach to Local Government Enabling Authority by Thomas Kelty. Illinois Municipal Review issued by the Illinois Municipal League,Legislative Action Center Policy Profiles issued by Northern Illinois University,Center for Governmental Studies. Questions regarding home rule authority can be directed to City Administrator John Coakley at 630/393-9427. Excerpts from Policy Profiles "The Uses of Home Rule with Special Emphasis on Taxation", by James M. Banovetz and Thomas W. Kelty, as printed by Center for Governmental Studies, Northern Illinois University, Vo. 2,No. 3, August 2002 ❑ Local residents pay all the home rule taxes levied on activities in which they engage. To the extent that they shop in their community, they pay the added sales taxes that may be imposed by their community. If they rent hotel and motel rooms in their home community, they will also pay those taxes. But, non-residents also pay a significant percentage of such taxes. ❑ Thus, survey data suggests that home rule tax powers have predominantly been used to shift a portion of the local tax burden to non-residents. To the extent that this is so, their use lessens the percentage of the local tax burden borne by residents. ❑ That Illinois home rule cities appear to rely less on property taxes is not because such cities cost less to govern and serve, but more likely because they are able to use other kinds of taxes — especially taxes paid in part by non-residents—to reduce their dependence on property taxes. ❑ Whatever else home rule has accomplished for Illinois cities and villages, it has managed to spread tax burdens among a larger number of different taxes and, thereby, it has reduced local reliance on property taxes. Conclusion: What does the record show? While taxation is a major use of home rule powers, the home rule taxes employed spread the cost of local govern- ment to non-residents as well as to residents and appear to be easing municipal reliance on property taxes. Finally, home rule communities are employing home rule powers for purposes other than taxation, principally to promote economic development and enhance government's ability to address a wide range of local problems using regula- tory and other measures. Home rule, in short, appears to have proven itself an important weapon in empowering local government to re- spond constructively to voter and quality of life concerns. Page 60 Illinois Home Rule Municipalities As of 10/14/04 there are 167 Home Rule Municipalities in Illinois Addison Decatur Lincolnshire Pose Alsip Deerfield Lincolnwood Prairie Grove Alton DeKalb Manhattan Quincy Arlington Heights Des Plaines Marion Rantoul Aurora Dolton Mascoutah Robbins Barrington Hills Downers Grove Maywood Rock Island Bartlett East Dundee McCook Rockdale Bartonville East Hazel Crest Mettawa Rolling Meadows Batavia* East St. Louis Moline Romeoville Bedford Park Elgin Monee Rosemont Belleville Elk Grove Village Monmouth Round Lake Beach Bellwood Elmhurst Morton Grove Saint Charles Berkeley Elmwood Park Mound City Sauget Berwyn Elwood Mount Prospect Schaumburg Bloomingdale Evanston Mount Vernon Schiller Park Bloomington Evergreen Park Muddy Sesser Bolingbrook Fairview Heights Mundelein Sherman Bridgeview Flora Murphysboro Skokie Bryant Forest View Naperville South Barrington Buffalo Grove Freeport Naples South Holland Burbank Galesburg Nauvoo Springfield Burnham Glen Ellyn Niles Standard Cahokia Glendale Heights Normal Stickney Calumet City Glenview Norridge Stone Park Calumet Park Glenwood North Chicago Streamwood Carbondale Golf Northbrook Sycamore Carlock Granite City Northlake Thornton Carol Stream Gurnee Oak Forest Tinley Park Carpentersville Hanover Park Oak Lawn Tuscola Carterville Harvey Oak Park University Park Champaign Harwood Heights Oakbrook Terrace Urbana Channahon Herrin Old Mill Creek Valmeyer Chicago Highland Park Onarga Warrenville Chicago Heights Hillside Orland Park Washington Chicago Ridge Hodgkins Palatine Watseka Christopher Hoffman Estates Park City Waukegan Cicero Hopkins Park Park Forest West Dundee Country Club Hills Inverness Park Ridge Wheaton Countryside Joliet Pekin Wheeling Crainville Kankakee Peoria Wilmette Crystal Lake Lake Barrington Peoria Heights Woodridge Danville Lansing Peru Darien *Per a special census, Batavia has more than 25,000 in population,but is waiting for State to issue certification. Geneva's comparable communities (highlighted in yellow)include Algonquin, Batavia, Bloomingdale, Carpentersville, Darien, Deerfield, Glen Ellyn, Hinsdale, LaGrange, Libertyville, Lisle, McHenry, St. Charles,West Chicago, and Woodstock. Page 61 a F Al. •� 1 O\ City of Geneva Home Rule Research Information "Possible Uses of Home Rule in Specific Areas" August 23, 2005 Possible Uses of Home Rule in Specific Areas General Administration Home rule allows for broader licensing and regulation authority for municipalities without first having to go to the state government for permission. Examples of licensing and regulations: • Cable • Liquor • Utilities • Land Use • Public Transit • Mobile Homes • Vendors • Nursing Homes • Tow Trucks • Pollution By changing to home rule, a municipality would be able to: • Impose fines greater than the $750 limit • License and regulate cats • License vending machines by ordinance • Impose a user fee on truck traffic • Alter curfew for juveniles • Regulate hand gun registration and possession within city boundaries Governmental Organization Home rule allows for a change in the structure of municipal government based upon the approval of local voters. Examples of governmental changes: • Appointing a Clerk • Creating or eliminating positions • Changing council powers • Changing size of council • Changing election procedures • Lengthening terms of an office 2 By changing to home rule, a municipality would be able to: • Increase or decrease the size of the city council • Establish a strong mayor form of government • Change the Mayor's position from part-time to full-time or from full-time to part- time • Make all municipal elections non-partisan • Cease being a home rule unit through public referendum Opposing State Mandates Home rule allows a municipality to work around certain state mandates. By changing to home rule, a municipality would be able to: • Adopt a budget and appropriation ordinance process different than what is found in the state statutes • Build and operate a hydroelectric plant without regard to specific Illinois statutory requirements • Set mandatory retirement age below the statutory age of 63 Community Development Home rule gives municipalities, through the use of broader zoning regulations, the ability to rehabilitate older residential neighborhoods while helping to prevent neighborhood deterioration. By changing to home rule, a municipality would be able to: • Enforce regulations regarding property maintenance costs • Adopt a housing code provision prohibiting owners of vacant houses from leaving the property boarded up and unused longer than six months • Revise zoning regulations • Require a license to install or maintain burglar and/or fire alarms • Broaden the use of eminent domain in acquiring blighted or deteriorated properties Financial Tools Home rule gives municipalities the ability to develop creative financing and incur debt beyond statutory limits, in order to expediate local economic development. Examples of financial development: • Authorize municipal acquisition, redevelopment, and sale of blighted areas 3 • Issue non referendum general obligation bonds for private loans or for the purpose of development • Allows local officials more latitude to bargain with developers • Revenue bonds can be used to finance projects which are not specified in state statutes, at higher interest rates • Issue revenue bonds to provide capital for low-interest residential loans • The ability to use ordinary bank loans as an alternative,which may not be available under statutory law to non-home rule units • Secure Industrial Revenue Bonds not subject to outside competition • Adopt investment policies not restricted by state statutes • Provide subsidies or credits to private businesses using non-referendum general obligation bonds as loan guarantees By changing to home rule, a municipality would be able to: • Issue development revenue bonds to help develop a shopping center • Issue a sales tax rebate to a new or expanding business in order to attract new retail • Adopt investment policies not included in state statutes • Use non-referendum general obligation bonds for private loans for construction of housing for the elderly • Issue non-referendum general obligation bonds to build a new civic center • Issue non-referendum general obligation bonds to construct parking ramps Taxing Authority Home rule allows municipalities to impose taxes not available to non home rule municipalities. Home rule municipalities are not subject to limitations set by state statute on property tax rates or bonded indebtedness. Examples of taxes that home rule municipalities can impose or are freed from state restrictions are: • Real Estate Transfer Tax • Hotel/Motel • Utility • Property taxes • Amusement • New motor vehicle • Gasoline • Food and Beverage • Liquor • Mobile Homes 4 By changing to home rule, a municipality would be able to: • Adopt a restaurant tax to fund a convention or visitor's bureau • Give a sales tax rebate to new or expanding businesses • Impose a tax on the storage of flammable liquids • Impose a hotel-motel tax or use the existing hotel-motel tax for any purpose deemed necessary • Impose a tax on retail sales that is limited to the first $500 • Impose a tax on the retail sale of automobiles • Impose a tax on cigarettes • Impose a tax on gasoline • Impose a real estate transfer or exit tax, local moves exempted Police and Fire Home rule allows municipalities to organize the Police and Fire departments in unique ways that better serve the municipalities. Examples of better organization of Police and Fire Departments are: • Creation of alternatives to Police and Fire Commissions • Create exempt ranks • Change Commission powers • Create new positions By changing to home rule, a municipality would be able to: • Create two police deputy chief positions • Hire a personnel director and personnel board instead of having a Police and Fire Commission • Give Police and Fire Commissioners more authority over personnel including demotions • Transfer power to hire police officers from Police and Fire Commission to the City Manager/Administrator Conclusion These are just some of the many possible uses for Home Rule. Since the 1970 Illinois Constitution states that the "... powers and functions of home rule units shall be construed liberally." (Art. VII, Sec. 6), this allows for home rule municipalities to find more creative ways to manage local municipalities. 5 T HE C IT Y OF LAKE FOREST HOME RULE QUESTIONS &ANSWERS C I I A R T E R E D }9 4 1 WHAT IS "HOME RULE"? Under the 1970 Illinois Constitution, Home Rule shifts decision making from the state level (Springfield) to the local level (Lake Forest) enabling communities to find local solutions to local problems. Home Rule communities are granted a broad range of powers for the local good unless exempted by the State. Often a Home Rule community is exempted from meeting requirements mandated by state legislation. HOW DOES A COMMUNITY BECOME HOME RULE? Municipalities with populations over 25,000 are automatically granted Home Rule status, while smaller communities can put the question on a ballot and let voters decide. The majority(over 70%) of Illinois' 12.5 million citizens live in Home Rule communities. Among Illinois communities having Home Rule, 55% attained Home Rule status by voter approval of a Home Rule referendum, such as the one on the November 2, 2004 ballot. No community has petitioned to revoke Home Rule status in the past 20 years. WHAT NEARBY COMMUNITIES ARE HOME RULE? Deerfield Gurnee Mettawa Skokie Evanston Highland Park Mundelein Waukegan Glenview Lincolnshire Northbrook Wilmette Currently, several other North Shore communities like Lake Forest are considering voter approval of Home Rule status. WHY IS LAKE FOREST CONSIDERING HOME RULE? If approved by the voters, Home Rule will provide the City with additional flexibility and local control for maintaining the character of our community. It would enhance the City's ability to preserve the integrity of its zoning ordinances, to operate in a more cost-effective manner, and to have a more diversified and flexible revenue base that could reduce dependency on property taxes. WHAT ARE THE BENEFITS OF HOME RULE? The adoption of Home Rule would provide Lake Forest greater protection from state mandates and the ability to solve problems at a local level. Specifically, major benefits frequently associated with Home Rule are threefold: Maintaining Community Character Home Rule would mean that the State of Illinois cannot intercede as a super zoning authority. The City would retain local control over zoning issues instead of allowing petitioners to go to the State for final decisions on such things as affordable housing, day care, etc. Petitions would come directly to the City and go through the local public hearing process for a decision. This local process gives residents the opportunity 1 to review petitions that directly impact their property. Lake Forest would have direct control over important issues that impact property values and community character. Increased Financial Flexibility Lake Forest's long-term financial stability is being impacted by decreasing revenues (tax cap limitation and a reduction in state revenues, development fees and sales taxes) coupled with increasing expenses (higher insurance,pension and health care costs, aging infrastructure, and additional state mandates). Home Rule is not only a flexible tool that endorses local decision making; it enables sound long-term fiscal planning. Home Rule would provide Lake Forest with the flexibility to explore new funding sources, such as a licensing fee for service businesses (banks, landscapers, etc.), restaurant tax, real estate transfer tax, etc. Home Rule status would also allow the City to use the existing Hotel Tax revenue for infrastructure (streets, sewers, etc.) instead of limiting its use solely to tourism. Home Rule communities have more flexibility in regard to debt offerings often resulting in lower interest rates and a strengthened bond rating. Reduced Regulation from State Mandates Home Rule can afford Lake Forest greater protection against state control, such as the recently enacted Affordable Housing Act. Under that Act, Lake Forest could be required to increase its overall percentage of affordable housing to 10%, or approximately 330 new units. If Lake Forest were Home Rule, it could still support this important initiative but at a level that more appropriately addresses our community's needs. State legislatures often impose unfunded mandates on local governments to provide certain services that fail to provide a revenue source to offset the cost of those services. WHAT ARE THE POTENTIAL DISADVANTAGES OF HOME RULE? Home Rule gives local government greater discretion to generate revenues through issuing bonds and increased taxes -- i.e., property and sales tax increases, restaurant tax, real estate transfer tax, etc. Home Rule permits greater local control over decision making without state oversight and without certain procedural limitations. WILL PROPERTY TAXES INCREASE UNDER HOME RULE? Based on the research of Professor James Banovetz, widely regarded as the foremost expert on Home Rule in Illinois, there is no evidence that Home Rule municipalities have higher or faster growing property taxes than comparable non-Home Rule municipalities. In fact, Home Rule status is often used to shift the tax burden from property taxes to other revenue sources, such as licensing fees, restaurant tax, real estate transfer tax, etc. This would diversify the revenue base and reduce the burden on property owners. Indeed, communities that have adopted Home Rule status have seen their property taxes increase at a lower rate than non-Home Rule communities. The City Council has recognized the concern of residents about increased taxing authority. In early August 2004, the City Council adopted an ordinance to continue to adhere to the property tax limitations commonly referred to as the "property tax cap." The only exceptions to this limitation would be if an emergency or legal requirement dictates an increase or if the residents approved a referendum for an increase beyond that called for under tax cap legislation. Additionally, under a proposal before the City Council, if Home Rule authority is approved by the voters, any increase in tax rates would require two public meetings and a super-majority (two-thirds)vote of the City Council. 2 IF THE HOME RULE REFERENDUM IS APPROVED, DOES THAT MEAN THAT THE CITY WILL ADOPT A REAL ESTATE TRANSFER TAX? The real estate transfer tax is one alternative revenue source that could be considered by The City of Lake Forest if the voters approve the Home Rule referendum. Before the City could enact a real estate transfer tax, however, voters would have to approve it on a separate referendum in the future. HOW DOES HOME RULE AFFECT SCHOOL DISTRICT FUNDING? Home Rule has no effect on School Districts 115 or 67 as they are independent governmental and funding bodies. HOW DO RESIDENTS CONTROL THE USE OF HOME RULE? Voters can petition to revoke a community's Home Rule status. (In Illinois, this has not occurred in the past 20 years.) Another safeguard for taxation and spending restraint is resident participation in City government and local elections. One-half of the City's aldermen are up for election each year, the Mayor every two years. Lake Forest has a long-standing tradition of residents staying informed on local issues and communicating with local officials. If residents view the City Council as not fiscally prudent, residents can vote to change Council membership and leadership. Finally, the Aldermen and Mayor are also residents. They would be personally impacted by any Council action. IF THE HOME RULE REFERENDUM FAILS, HOW WILL IT AFFECT LAKE FOREST RESIDENTS? Lake Forest will be required to comply with all State mandates, including those that are not funded; some current mandates could impact community character, long-term finances and property values. Without the financial flexibility Home Rule provides, the City Council will continue to look for ways to contain costs to maintain a balanced budget and fund necessary capital expenditures. This would likely include reductions in personnel and equipment purchases; postponement/elimination of needed capital improvements (repairs to streets, sewers,parks, etc.); and/or modifications to user fees to fund service delivery costs (garbage collection, etc.). In all likelihood, additional borrowing for infrastructure improvements would be required. The issuance of additional bonds would result in higher property taxes. IF THE HOME RULE REFERENDUM IS APPROVED, HOW WILL IT AFFECT LAKE FOREST RESIDENTS? Lake Forest will not be required to comply with all State mandates (whether funded or not)but will have the ability to evaluate certain State requirements and decide what is appropriate for Lake Forest. The City Council will have the flexibility to explore a variety of alternative revenue sources to balance future budgets and fund needed infrastructure improvements. home rule/q&a final 9/7/04 3 a 0 T II E C IT Y OF LAKE FOREST I I A R T[R[D 18 6 I LEARN MORE ABOUT HOME RULE Residents have an opportunity to learn more about Home Rule and to discuss its impact on community character with their Aldermen at these upcoming meetings: Ward 1: Thursday, September 23, 6:30-8:30 p.m., Sheridan School, 1360 N. Sheridan Road Ward 2: Wednesday, September 29, 6:30-8:30 p.m., Cherokee School, 475 E. Cherokee Road Ward 3: to be determined Ward 4: Tuesday, September 28, 6:30-8:30 p.m., Everett School, 1111 Everett School Road Public Forum: Wednesday, October 6, 6:30-8:30 p.m., location to be determined For updates on these meetings and additional information on Home Rule, go to the City's website at www.cityoflakeforest.com and visit the "What's New" section. 4 HOME RULE A REPORT FOR THE CITY OF GALENA February 2, 2004 February 2, 2004 Galena City Council 312 1/2 North Main Street Galena, Illinois 61036 RE: Home Rule Honorable Mayor Auman and Alderpersons: Home Rule Committee members did research and met between December 10`h and January 28P in order to complete the following directives from the City Council relating to Home Rule: 1. Define the powers that would confer to the City of Galena 2. Identify ways in which the City of Galena could utilize Home Rule powers 3. Assess the possible impact on the community from the exercise of these powers 4. Prepare a written report addressing these issues and present the report to the City Council at a special council meeting on Monday, February 2, 2004. This report is an attempt to present the facts relating to home rule. The various opinions of the committee members (neutral, in favor of and opposed to home rule)were relied upon to ensure an unbiased presentation of these facts. This report is in no way intended to be a recommendation for or against home rule. We have attempted to be thorough in our research, but our efforts cannot be considered exhaustive. Before the Council takes action in any manner relating to home rule, it is recommended that additional research and consultation be undertaken. Individuals who have been helpful to our efforts and could serve as resources to the council are listed in Appendix A. We hope that this information will be helpful as you, and our community, consider the home-rule option for Galena. Sincerely, Beth Baranski Tom Horman Kathie Farlow Marc McCoy 4" Doris Glick _:�oe Nack 444 Joel Holland TABLE OF CONTENTS Introduction.......................................................................... 1 Home Rule Powers and Limitations.............................................. 2 The Use of Home Rule Powers General Powers.............................................................. 4 TaxingPowers............................................................... 7 Sample Home Rule Communities................................................. 16 Appendices Appendix A: Potential Consultants...................................... 23 Appendix B: List of States with Home Rule........................... 24 Appendix C: State Constitution..........................................29 Appendix D: List of Home Rule Communities........................30 Appendix E: Downers Grove Limitations on Home Rule...........34 Appendix F: Sales Tax Rates in Home Rule Units...................36 Appendix G: Sales Tax Assumptions and Calculations..............40 Appendix H: Galena Properties Paying Hotel Motel Tax........... 42 Appendix I: Transfer Taxes—Chicago Metropolitan Area........ 43 Attachments (Under separate cover- available for viewing at City Hall) Attachment A: Oakbrook Terrace Home Rule Documents Attachment B: CVB Development History Attachment C: Lombard Food and Beverage Tax Materials Attachment D: Springfield Levy Rate Cap Ordinance Attachment E: Village of Carlock Letter Re: Home Rule Attachment F: Municipal League Handbook on Home Rule Attachment G: Miscellaneous Home Rule Articles INTRODUCTION The U.S. Constitution makes no mention of local government. Local governments were created by the states. When most states were young, society was predominately rural, and cities were not large or important. As cities became more important, and had more responsibilities, many states saw that they needed to have additional powers to be able to more effectively handle their affairs. 46 states currently have home rule options. The table in Appendix B (pp. 2428) contains a listing of the states and the nature of their home rule options. When a new Illinois Constitution was adopted in 1970, it provided for Illinois counties and municipalities to have home-rule powers(see"Appendix C: Constitution of the State of Illinois, Article VII -Local Government, Section 6. Powers of Home Rule Units" on p. 29). Municipalities with populations over 25,000 were automatically granted home-rule powers. Communities with populations of 25,000 or less were given the ability to become home-rule by referendum. Cook County is the only home-rule county in Illinois. There are currently 159 home-rule communities in Illinois(see"Appendix D: Illinois Home Rule Communities and their Populations on pp. 30-34). Of the 12,419,293 people living in Illinois (2000 Census),7,209,278 or 58% currently live in home-rule communities. Nearly half of these communities (76 of them) became home rule automatically because they had populations over 25,000. The remaining 83 communities adopted home-rule by referendum. Over half of the 83 communities that adopted home-rule(42) had populations under 6,000. Four communities which had been home rule, voted by referendum not to be home-rule: Rockford(pop. 150,115), Villa Park(pop. 22,075), Lisle(pop. 21,182), and Lombard (pop. 42,322). A referendum to become home rule may be called for either by resolution of the governing body or by petition of the electors. The petition must be signed by a number at least equal to 10% of the number who voted in the last general election; and it must be filed with the clerk of the unit of government in question. The governing body may schedule the referendum to be held at a general, regular election. The referendum must be held no later than the first general or regular election occurring at least 78 days after the filing of the petition or the adoption of the resolution. If the proposition fails, it may not be presented again for two years. The statutory provisions governing home rule referenda are found in Chapter 10,Act 5/28-4 of the Illinois Compiled Statutes. The same provisions apply to a referendum to eliminate home rule, except that issue may not be voted on more than once in four years. 1 HOME RULE POWERS AND LIMITATIONS The Home Rule powers granted by the Illinois Constitution are very broad. Under Home Rule local governments can exercise any local powers not denied them by the State. Without Home Rule they can exercise only those powers explicitly given to them by the State. Rather than the granting of a specific set of powers, home rule gives local units of government the authority to act as they see fit with some limitations set by the constitution, and by legislative action taken by the Illinois General Assembly. In some cases, communities have placed self-imposed local limitations on their home-rule powers. Constitutional Limitations The Illinois Constitution states that"a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt". These powers have been very broadly interpreted by the courts. However, in several cases, the Illinois Supreme Court has struck down ordinances of home rule units on the grounds that they did not pertain essentially to the"local government and affairs" of that unit. For example, Cook County's function of collecting property taxes could not be altered using home rule powers, according to one Supreme Court opinion, since it is a function serving all the taxing districts within the county area. The Constitution specifically states that home rule units do not have the following powers: to incur debt payable from ad valorem property tax receipts maturing more than 40 years from the time it is incurred; to define and provide for the punishment of a felony; to have an income or occupation tax; or to license for revenue. Legislative Limitations Since home rule was authorized by the constitution, the State Assembly has passed some legislation limiting home rule powers. Examples include the limitation of utility taxes to 5% (the same limit that non-home rule communities have), and the requirement for home rule units to hold a referendum to impose a real estate transfer tax. In at least one case, the legislature has added support for home rule. Home rule communities were included in H.B. 1208 which gave municipalities immunity from anti-trust prosecution: it protected home rule units from having to rebate tax revenues received from home rule taxes that are later ruled unconstitutional by the court; and it permitted communities that had abandoned home rule powers to continue to enforce liquor regulations previously enacted with home rule powers. Local Limitations Downers Grove,Illinois became a home rule unit automatically in 1970, by virtue of its population (over 25,000). In 1995, to keep its home rule authority from being voted out, it adopted a policy resolution that made the Village Council directly responsible for making the public aware of any action being considered that any non-home rule unit would NOT have been allowed. The policy stated that the Village had to publish a summary of the ordinance, along with the actual ordinance. The document had to be distributed to public places (library, city office, grocery stores), and the issue could not be voted on for at least 2 Village Council meetings after publication distribution. They also had to hold public hearings on the merits of the ordinance presided over by the Mayor, or his/her designee. Finally, the policy states that if petitions opposing the ordinance are submitted, having signatures totaling at least 10% of the total votes that were cast for the mayor in the preceding election, an advisory referendum must be held. If the referendum failed, then the policy stated that the Village Trustees must also vote down the ordinance. The Downers Grove policy is included in Appendix E (pp.35-36). Oakbrook Terrace, Illinois, which obtained home rule status by referendum in 2002(their 3' try), imposed a tax cap ordinance on itself. The City Council adopted a home-rule property tax cap patterned after the Illinois Property Tax Extension Limitation Law (PTELL) that is currently in effect for the non-home rule units within their county. In essence, home rule authority allowed it the ability to operate outside of PTELL, but Oakbrook Terrace then ungranted itself that authority. A complete set of information including promotional materials and ordinances related to Oakbrook Terrace's adoption and use of home rule is included in Attachment A. THE USE OF HOME RULE POWERS The ways that home-rule powers have been used is as varied as the communities that have used it. As time has gone on, communities have continued to invent new approaches to handling the business of government that would not have been possible without home-rule. It should be expected that new uses of home-rule power will continue to evolve, therefore it is impossible to compile a complete listing of" home rule powers". This section describes commonly-used home-rule powers and, when possible, estimates the impact these powers might have if used in Galena. The various powers have been divided into two broad categories: General Powers and Taxing Powers. GENERAL POWERS Borrowing Surveys of home-rule communities conducted in 1983 and 1986 showed that borrowing flexibility was the most commonly used home rule power. Home rule units may incur more debt than allowed by state law or for purposes other than those allowed by law, without referenda which may be required by law, and at higher interest rates than those allowed by law. For example, general obligation bonds are being issued by some home rule units without the referendum approval that is required of non-home rule units. Also, revenue bonds have been used to finance commercial and hospital projects which are not specified in the statutes, and at interest rates higher than those allowed by law. Several home rule units have issued revenue bonds to provide capital for low-interest residential mortgage loans. Home rule units have also made use of ordinary bank loans, an alternative that may not be available to non-home rule units. Flexible Lev, Rates Home rule units are not limited by statutory levy rate limits. They can raise and lower rates to tailor their levy rate categories to fit the community's needs. Some home rule communities are levying property taxes at rates higher than those allowed by state law. In some cases this may be misleading. Home rule units have the power to consolidate a number of separate levies into one, or into several larger levies that exceed statutory limits. This can be an administrative convenience. The total municipal tax rate may or may not be larger, in such a case, than if they had continued to use a number of separate levies under rate limits. In short, the fact that a particular levy exceeds a rate limit does not by itself indicate that the home rule unit's property taxes are higher than if it were not a home rule unit. Economic Development Notes taken from various articles documenting the use of home rule powers suggest that economic development objectives have been obtained primarily through home rule flexibility for bond issues (see "Borrowing" above). Specific examples from articles (Attachment G) about home rule follow: • Park Forest South (issued industrial revenue bonds to develop a shopping center) • Flora and Bryant(industrial revenue bonds) • Standard(greater housing & community development powers) • Sauget(to expedite the marketing of industrial revenue bonds) • Normal (1983-1986, to develop new agreements with other units of government; to purchase and sell real property;to levy a hotel-motel tax; to use general obligation and industrial bonds; to assess development fees in order to finance storm water storage facilities; to revise land use, zoning and liquor regulations; 4 and to license a telecommunications line running through the community—most of these were for successful effort to attract the Diamond-Star automotive plant) • Highland Park(to develop low and moderate income housing) • Channahon(offered a home rule sales tax rebate) Government Structure A home rule unit has the power- subject to approval by referendum- to adopt, alter or repeal a form of government provided by law. A home rule municipality also has the power to provide for its officers, their manner of selection and terms of office only as approved by referendum or as otherwise authorized by law. Examples taken from various articles on home rule follow: • Arlington Heights (to increase size of city council) • Aurora(to establish a strong mayor form of government, and the city's voters approved a referendum which made all municipal elections nonpartisan) ■ Burbank(modified its local election procedures to require that aldermen must be elected at large but must reside in the ward they represent and no more than one alderman may be elected from any one of the city's wards) • Bryant(so powers would be available if ever needed) • Carbondale (transferred the power to appoint police and fire officers from its Board of Police and Fire Commissioners to its city manager) • Champaign(to increase size of city council) • Park Forest(abolished Board of Fire and Police Commissioners and replaced it with a personnel director and personnel board) • Peoria(to increase size of city council) • Rosemont(gave its Board of Police and Fire Commissioners the added power to demote police officers one grade in rank as a disciplinary measure) • Springfield(set police &fire officers retirement at 60, below statutory age of 63) • Stone Park(changed mayor's position from half-time to full-time and changed salary) • Wheaton(to assume operation of an abandoned drainage district) 5 Avoidance of State Mandates It appears that unless home rule communities are specifically included in state mandates, they need not heed them. In Saline County, Muddy adopted home rule when it feared the General Assembly would adopt rules requiring two police officers in each squad car, a luxury clearly beyond the budget of a community of 88 persons. Park Forest negated the application of the state curfew law. Licensing and Regulation Various articles on home rule yield the following examples of community use of powers relating to licensing and regulation: • Calumet Park(to raise the drinking age to 21) • Deerfield(to curb juvenile vandalism) • DeKalb (new approaches to regulation of landlord-tenant relations) • DesPlaines(noise control ordinance) • Downers Grove (regulation of private wells) • McCook and Bedford Park(to control special industrial pollution problems) • Niles (to license to install &maintain burglar&fire alarm systems) • Park City (to regulate mobile home park operators) • Rockford(required permits to operate self-service gas stations) • Rosemont(licensing &regulation of cats) • Watseka(to regulate itinerant solicitors) • Woodridge(liquor regulation) 6 TAXING POWERS In general, home rule allows communities a broader range of taxing options than non-home rule communities. With the exception of the real estate transfer tax, home rule taxes can be imposed by municipalities by ordinance rather than by referendum, and with the exception of utility taxes, the state does not appear to set limits on the tax rates. Listed below are examples of taxes that have been imposed by various Home Rule municipalities that have withstood judicial scrutiny. The list is not meant to be exhaustive. -Amusement tax - Mobile Home tax - Gasoline tax -Parking tax -Wheel tax -New motor vehicle tax -Hotel/Motel tax - Liquor tax - Sales tax Some of these taxes are described more fully below. When possible, specific information about how the various taxes would impact Galena are provided, and figures are broken down as far as who would pay what portion of the tax (Galena residents or visitors to Galena). Home Rule Retailers' Occupation Tax and Service Occupation Tax(Sales Tax) Only those home rule municipalities or counties that have imposed the tax by local ordinance or resolution receive home rule sales tax distributions. The Illinois Department of Revenue administers the home rule sales tax. Home rule communities must file a certified copy of an ordinance establishing, increasing or decreasing home rule sales tax on or before April 1'for the rate to take effect July 1', and on or before October 1'for the rate to take effect January 1'of the next year. A home rule unit imposing a Home Rule Retailer's Occupation tax must also impose a Home Rule Service Occupation Tax at the same rate. Home Rule Retailers' Occupation Tax applies only to sales of general merchandise, not to items that require title or registration, or to the sales of qualifying food, drugs, or medical appliances. Home rule sales tax must be imposed in 0.25 percent increments. There is no maximum rate limit. Distributions for home rule taxes are made monthly on the same cycle as distributions for other sales taxes. Interest income earned by the state on home rule sales taxes are included in the sales tax check issued, along with a detailed breakdown of the interest and tax. Home rule communities imposing a home rule sales tax may enter into a reciprocal agreement for exchange of information with the state. This exchange allows designated individuals within the home rule unit to receive specific financial information (e.g. sales tax figures collected by each business). This information must be kept confidential. Of the 159 home-rule communities, 112 have imposed a home rule sales tax, with the home- rule tax rates ranging from 0.25% to 1.50%. The combined rate (including the state and county taxes) in these communities ranges from 6.75% to 9.25%. A complete current listing of"Sales Tax Rates in Home Rule Units of Local Government'' can be found in Appendix F on pp. 37-40. Sales tax amounts are based on taxable sales of merchandise collected from registered retailers and servicepersons. Broad categories of sales documented by the Illinois Department of Revenue include the following: 1. General Merchandise 2. Food 3. Drinking and Eating Places 4. Apparel 5. Furniture, Household, and Radio 7 6. Lumber, Building, and Hardware 7. Automotive and Filling Stations 8. Drugs and Miscellaneous Retail 9. Agriculture and All Others 10. Manufacturers Galena's current sales tax rate is 6.75%. This rate consists of 5% that goes to the state, 0.25% that goes to the county, 0.5% that goes to the city to help pay for the construction and maintenance of the new sewage treatment plant, and 1% that goes to the city for general use. A 1% tax is also collected by the City on food, drugs and medical appliances. Increases in the municipal sales tax rate under home rule would not increase the sales tax rate applied to food, drugs and medical appliances. In 2003, Galena collected a total of$753,450 in sales tax. Deducting the portion collected on food, drugs and medical appliances ($125,320), and excluding the $145,000.00 portion dedicated annually to the TIF District through 2008, Galena collected $483,130 in 2003. The following table portrays what the 2003 sales tax collected by Galena for 2003 at the current 1% rate and what it would have been with increased home-rule sales tax: TOTAL RATE GALENA RATE 2003 (PROJECTED) REVENUE INCREASE 6.75% 1.00% $483,130 $0 7.00% 1.25% $640,163 $157,033 7.25% 1.50% $797,195 $314,065 7.50% 1.75% $954,228 $471,098 7.75% 2.00% $1,111,260 $628,130 8.00% 2.25% $1,268,293 $785,163 8.25% 2.50% $1,425,325 $942,195 8.50% 2.75% $1,582,358 $1,099,228 8.75% 3.00% $1,739,390 $1,256,260 9.00% 3.25% $1,896,423 $1,413,293 9.25% 3.50% $2,053,455 $1,570,325 The tables below provide examples of local purchases and the costs at the current sales tax rate compared to increased home-rule sales tax rates: A $47.95 handbag from Max Mitchell Fashion Accessories: TOTAL RATE GALENA RATE TOTAL TOTAL BILL ADDED (inc. the 5.75%) (above the 5.75%) TAX REVENUE 6.75% 1.00% $3.24 $51.19 $0.00 7.00% 1.25% $3.36 $51.31 $0.12 7.25% 1.50% $3.48 $51.43 $0.24 7.50% 1.75% $3.60 $51.55 $0.36 7.75% 2.00% $3.72 $51.67 $0.48 8.00% 2.25% $3.84 $51.79 $0.60 8.25% 2.50% $3.96 $51.91 $0.72 8.50% 2.75% $4.08 $52.03 $0.84 8.75% 3.00% $4.20 $52.16 $0.97 9.00% 3.25% $4.32 $52.27 $1.08 9.25% 3.50% $4.44 $52.39 $1.20 9 Dinner at a local restaurant, totaling $18.00, including buffalo wings appetizer, ($5.25), cup of soup ($1.25), dinner salad ($2.50), chicken breast sandwich ($5.25), soda($1.25) &root beer float($2.50): TOTAL RATE GALENA RATE TOTAL TAX TOTAL BILL ADDED (inc. the 5.75%) (above the 5.75%) REVENUE 6.75% 1.00% $1.22 $19.22 $0.00 7.00% 1.25% $1.26 $19.26 $0.04 7.25% 1.50% $1.31 $19.31 $0.09 7.50% 1.75% $1.35 $19.35 $0.13 7.75% 2.00% $1.40 $19.40 $0.18 8.00% 2.25% $1.44 $19.44 $0.22 8.25% 2.50% $1.49 $19.49 $0.27 8.50% 2.75% $1.53 $19.53 $0.31 8.75% 3.00% $1.58 $19.58 $0.36 9.00% 3.25% $1.62 $19.62 $0.40 9.25% 3.50% $1.67 $19.67 $0.45 The table below is based on the Illinois Department of Revenues Report of Sales Tax Receipts for the 2002 liability period(collected in 2003)for"total tax receipts," and calculated assumptions about the portion of tax paid by Galena residents versus that paid by visitors to Galena(assumptions and calculations are shown in Appendix G on p. 41): GALENA RATE Sales Tax Revenue Estimated Portion of Estimated Portion of (above the 5.75%) Collected* Sales Tax Paid by Sales Tax Paid by Galena Residents Visitors to Galena (56%) (44%) 1.00% $483,130 $270,553 $212,577 1.25% $640,163 $358,491 $281,672 1.50% $797,195 $446,429 $350,766 1.75% $954,228 $534,368 $419,860 2.00% $1,111,260 $622,306 $488,954 2.25% $1,268,293 $710,244 $558,049 2.50% $1,425,325 $798,182 $627,143 2.75% $1,582,358 $886,120 $696,238 3.00% $1,739,390 $974,058 $765,332 3.25% $1,896,423 $1,061,997 $834,426 3.50% $2,053,455 $1,149,935 $903,520 *These figures do not include the I% collected on food, drugs and medical appliances, nor do they include the$145,000 dedicated annually to the TIF district. The table below shows sales tax rates imposed in various communities that may be of interest: Municipality Total Sales Tax Rate Galena 6.75% Dubuque 7.00% Platteville 5.50% Wisconsin Dells 6.00% Chicago (Cook Co.) 8.75% Chicago (DuPa e Co.) 7.50% 9 Hotel Operators' Occupation Tax The State of Illinois imposes a tax on persons engaged in the business of renting, leasing or letting rooms in a hotel at a rate of 6% of 94% (5.64%) of the gross rental receipts. State statute (55 ILCS 5/5-1030) provides that"The corporate authorities of any county may by ordinance impose a tax upon all persons engaged in such county in the business of renting, leasing or letting rooms in a hotel which is not located within a city, village, or incorporated town that imposes a tax under Section 8-3- 14 of the Illinois Municipal Code, as defined in the"Hotel Operators' Occupation Tax Act," at a rate not to exceed 5% of the gross rental receipts..." Jo Daviess County imposes the full 5% rate allowed (so a person renting a $100 room pays 10.64% tax for a total of$110.64). The statute also states that "the amounts collected by any county pursuant to this Section shall be expended to promote tourism; conventions; expositions; theatrical, sports and cultural activities within that county or otherwise to attract nonresident overnight visitors to the county. Jo Daviess County began collecting the tax in 1983. The Galena/Jo Daviess County Convention&Visitors Bureau(CVB) pays the County 10% of the funds collected for accounting and administration. The remaining 90% is used by the CVB for advertising, staffing, supplies, etc. The table below shows the history of tax revenues collected in the county as a whole, and a current estimate of the portion collected from hotels within the Galena corporate limits (exact figures are not available, and the number of rooms in Galena- and therefore the percentage collected in Galena- has changed over the years, making accurate estimates for previous years difficult). It can be assumed that 100% of the hotel motel tax is paid by visitors. Fiscal Year Tax County Tax Estimated portion of (Dec. 1-Nov. Rate Collected tax collected from 30) Galena 1984 1% $45,869 1985 3% $140,095 1986 3% $207,908 1987 3% $229,192 1988 3% $291,902 1989 3% $330,096 1990 3% $340,900 1991 3% $427,061 1992 3% $400,262 1993 3% $508,040 1994 3% $553,532 1995 3% $542,352 1996 3% $589,216 1997 3% $612,361 1998 3% $709,697 1999 3% $648,729 2000 3% $769,782 2001 3% $712,158 2002 5% $1,333,094 2003 5% $1,122,874* 34% _ $381,777** *The County switched to an accrual accounting system this year,therefore there is an extra month in this year's accounting,and all receipts for the year are not yet in. This figure represents receipts as of January 12,2004. **This figure represents the receipts collected from 39 properties in Galena(see list of properties in Appendix H on p.43)as of January 12'b and the percentage this amount represents of total receipts collected at that time. 1fl The statute also states that"Any county may agree with any unit of local government...to impose and collect for a period not to exceed 40 years, any portion or all of the tax authorized pursuant to this Section and to transmit such tax so collected to such unit of local government...The amount so paid shall be expended by any such unit of local government or authority for the purposes for which such tax is authorized. Any such agreement must be authorized by resolution or ordinance..." A history of the CVB's development and early history is provided in Attachment B. It appears that there is some history of the CVB allotting funds to Galena. According to statute(65 ILCS 5/8-3-14), municipalities can "impose a tax upon all persons engaged in such municipality in the business of renting, leasing or letting rooms in a hotel, as defined in "The Hotel Operators' Occupation Tax Act," at a rate not to exceed 5% of the gross rental receipts...The amounts collected by any municipality pursuant to this Section shall be expended by the municipality solely to promote tourism and conventions within that municipality or otherwise to attract nonresident overnight visitors to the municipality." If Galena has a hotel motel tax (at any rate), the county cannot collect hotel motel tax from businesses within the corporate limits. Galena appears to have four options relating to the local collection of hotel motel tax: 1. The current situation could be maintained. 2. Without becoming home rule, Galena could impose a hotel motel tax up to 5% and collect the revenue generated by lodging businesses within the corporate limits. This money would have to be used to promote overnight tourism. 3. If Galena became home rule, it could pass an ordinance to collect hotel motel tax with no limit to the tax rate, and the money collected could be used for any public purpose. 4. The County and Galena could enter into an agreement whereby some portion or all of the hotel motel tax collected in Galena would be transmitted to Galena. It is unclear as to whether this money would have to be used exclusively to promote overnight visitor tourism whether or not Galena is home rule, because of the County's requirement; or if, Galena, with home rule, could use the money for any public purpose. Because the state does not collect the county and municipal portions of the hotel motel tax, they do no not keep official records of the local hotel motel tax collected in the state. The following table provides a sampling of Illinois home rule communities that impose a hotel motel tax: Municipality Municipal Hotel Operators' Occupancy Tax Rate Alton 7% Crystal Lake 2.5% Freeport 3% Mt. Vernon $1.00 per night per room Nauvoo 2% Normal 6% Rosemont 7% Springfield 4% Sources: John Mazor, Executive Director, Galena/Jo Daviess County Convention & Visitors Bureau (815)777-3557 Jan Kimerling, State of Illinois Bureau of Tourism, (217) 785-6399 11 Real Estate Transfer Tax According to state statutes(35 ILCS 200/31-1 to 31-70), the state, counties and home rule communities may impose a real estate transfer tax. The tax is imposed on the privilege of transferring a title to real estate or a beneficial interest in a land trust in Illinois. If the property transferred remains subject to an existing mortgage, only the owner's equity (not the amount of the mortgage outstanding) is included in the base for computing the tax. The recorder of deeds or registrar of titles in each county collects the tax through the sale of revenue stamps. The stamps are purchased from the Department of Revenue. The same stamp may also provide evidence of the payment of a county real estate transfer tax. The state rate is 50 cents for each $500 of value. Counties may impose a tax of 25 cents per$500 of value on real estate transactions. Home rule municipalities may also impose an additional real estate transfer tax. A title insurance company's listing of 76 Chicago metropolitan area communities with real estate transfer taxes shows rates imposed ranging from $0.50 to $10.00 per$1,000 of property transferred (See listing in Appendix I, pp.4453). Some communities charge flat per transaction fees ranging from$25 to $50. A majority of the communities (47) charge the tax to the seller, while 15 charge the buyer, 9 charge either party but the seller is customary, and 3 split the tax evenly between the buyer and the seller. A state law was passed that required local voter approval in a referendum before any new real estate transfer tax could be imposed by a home rule community. Jo Daviess County Assessor Nancy Miller was able to determine the value of property transfers within Galena's corporate limits. The estimated total for 2003, which was an aggressive year for property transfers, is about$12 million. The State($0.50) and county ($1.00)currently impose a transfer tax on each $1,000 of real estate transferred. The table below indicates the revenues that Galena would collect on $12 million of transfers if it used home-rule powers to impose a real estate transfer tax at various rates: Tax Amount Paid Per$1,000 Property Galena Revenue $0.50 $6,000 $1.00 $12,000 $1.50 $18,000 $2.00 $24,000 Food &Beverage Tax Home rule units can impose a tax (above and beyond the sales tax) specifically on food and beverages sold in restaurants. If the restaurant can separate the carry-out sales from the sales to individuals sitting down to eat, then they do not have to charge food &beverage tax on the carry-out sales. The Village of Lombard had home rule, but voted it out. They have recently imposed a tax on eating establishments based upon state statute authorizing municipalities to"license, tax, and regulate all places for eating or amusement" (65 ILCS 5/11-42-5). This Lombard tax has not been questioned, and suggests that communities can impose a food &beverage tax whether they are home rule or not (Materials on Lombard's tax can be found in Attachment C There is no statutory limit on the food&beverage tax rates that Galena could impose, whether it is home rule or not. 19. The table below is based on the Illinois Department of Revenues Report of Sales Tax Receipts for the 2002 liability period(collected in 2003) for"Drinking and Eating Places," and calculated assumptions about the portion of tax paid by Galena residents versus that paid by visitors to Galena(assumptions and calculations are shown in Appendix G on p.42): Food &Beverage Tax Tax Total Collected by Estimated Portion of Estimated Portion of the City Tax Paid by Galena Tax Paid by Visitors to Residents(31%) Galena(69%) 0.25% $34,248 $10,617 $23,631 0.50% $68,496 $21,234 $47,262 0.75% $102,744 $31,851 $70,893 1.00% $136,992 $42,468 $94,524 1.25% $171,240 $53,084 $118,156 1.50% $205,488 $63,701 $141,787 1.75% $239,737 $74,318 $165,419 2.00% $273,985 $84,935 $189,050 The following are some of the home rule communities that have a food and beverage tax: Champaign, Urbana, and South Holland. Property Tax The property tax is a local tax, imposed by local government taxing districts which include counties, townships, municipalities, school districts, special districts, etc. Property tax is administered by local officials. In Illinois,the property tax is imposed on the value of real property (typically land, buildings, and permanent fixtures) owned. Illinois does not have a state property tax. The property tax cycle extends over a two year period. During the first year, the property is assessed and the assessment reflects the property value as of January 1 of that year. During the second year, the actual tax bills for the prior assessment year are calculated and payments collected from property owners (e.g., the tax for the 2002 assessment is paid in 2003) the steps in the property tax cycle are as follows: • Assessment- Local assessing officials establish a value (assessment)for each parcel of property. • Review—Property owners and local taxing districts have an opportunity to appeal assessments. • Equalization—Chief County Assessment Officers and Boards of Review equalize assessments within the county and then the state equalization factor(multiplier) determined by the Department of Revenue is applied to assure that the median level of assessments in all counties is 33 1/3 percent. ■ Levy—Taxing districts determine the amount in property taxes needed. ■ Extension—County clerk apportions the levy among the properties in a taxing district according to their assessed values. ■ Collection and distribution equalized—Taxpayers pay their bills and payments are allocated to the local government taxing districts. Jo Daviess County passed PTELL, or"tax caps" in November, 1997. PTELL limits increases in property tax extensions of taxing districts to the rate of inflation or 5%, whichever is less. Taxing districts are allowed additional increases for new construction, annexations to the district, voter- approved increases in the limit itself, voter-approved increases in tax rates and voter-approved new rates, and the Tax Increment Financing (TIF) increment when the TIF district expires. 13 Home rule units are not subject to the Property Tax Extension Limitation Law (PTELL), even if their county voted for it. Taxes may be levied at rates that exceed those set forth by statutes. In cases where statute requires a referendum to establish a new tax, home rule municipalities may forego the referendum. Property taxes can be said to be paid entirely by residents (though a significant percentage may be paid by non-resident commercial property owners and second home owners). The table below shows the history of the City of Galena's tax extensions and levy rates, as well as the total levy rate (including all taxing bodies) paid by Galena property owners: FY Property Tax City's Levy Total Levy Rate in Total Levy Rate in East (May 1-April 30) Extension Rate West Galena Township Galena Township tax was collected Portion Areas of Galena Areas of Galena 1988 $451,027 2.2886 7.8505 8.0612 1989 $509,780 2.5129 8.2108 8.2896 1990 $585,940 2.7308 8.0708 8.0194 1991 $616,746 2.4566 7.8348 7.8411 1992 $618,027 2.4232 7.9343 7.9204 1993 $682,207 2.4505 8.8949 8.9064 1994 $655,488 2.2646 8.6369 8.6978 1995 $719,361 2.3705 8.7099 8.7773 1996 $719,626 2.1729 8.0936 8.2015 1997 $782,904 2.0289 7.7237 7.7714 1998 $801,666 1.8776 7.6970 7.6320 1999 $811,012 1.7384 7.4365 7.4061 2000 $822,879 1.7636 7.5118 7.4810 2001 $822,439 1.6366 7.4274 7.4170 2002 $843,539 1.5478 7.4145 7.3844 2003 $848,002 1.52864 7.44317 7.4156 2004(estimated) $882,767 1.55450 I_,evy rates of other communities in Jo Daviess County, and random home rule communities: Community Municipal Levy Rate for funds collected in 2003 Apple River 0.88406 East Dubuque 1.39303 Elizabeth 0.34822 Galena 1.52864 Hanover 1.49106 Menominee 0.00000 Nora 0.52519 Scales Mound 0.54584 Stockton 0.83174 Warren 0.81381 Downers Grove (home rule) 0.58540 Freeport(home rule) 0.00920 Normal (home rule) 0.72820 Park City (home rule) 0.11600 Robbins (home rule) 2.68000 Rosemont(home rule) 1.70000(used for G.O. bonds only) Springfield(home rulle) 1.00000(capped by ordinance see Attachment 14 Gasoline Tax The Federal Tax of 18.4 cents per gallon is collected in all states in addition to any state or local taxes on gasoline sales. The State of Illinois charges a 19 cents per gallon tax on gasoline(21.5 cents per gallon on diesel fuel) in addition to the 6.25% sales tax which is converted annually to a price per gallon rate on the basis of the average price per gallon statewide. Beginning January 1', 2004, this rate is 7.9 cents per gallon for gasoline. The Illinois Department of Revenue collects this gasoline tax. A portion of the 19 cents is distributed by the Illinois Department of Transportation back to communities using a formula based on population and number of miles of road. Gasoline tax must be charged at a per gallon rate rather than as a percentage of the sale amount. Freeport has a 2 cents/gallon gasoline tax. Evanston has a gasoline tax. Amusement Tax State statute authorizes municipalities to"license, tax, and regulate all places for eating or amusement" (65 ILCS 5/11-42-5), therefore the amusement tax is probably not limited to home rule communities. Villa Park and Cicero have an amusement tax. Stickney has an admission tax on . Hawthorne Race Track. Use Tax Home rule communities can place a tax on the purchase of new or used cars, boats or other vehicles. State statute(65 ILCS 5/8-11-6) reads that"In home rule municipalities with less than 2,000,000 inhabitants, the tax shall be collected by the municipality imposing the tax from persons whose Illinois address for titling or registration purposes is given as being in such municipality." Springfield has a 1%use tax. Dealers send the tax collected to the City. Residents who make taxable purchases outside of Springfield are sent individual tax bills by the City. Cigarette Tax According to State Statute(65 ILCS 5/8-11-6a), the cigarette tax has been preempted and can no longer be imposed by home rule communities. Those communities that already had cigarette taxes in place are grandfathered in(e.g. Rosemont sells stickers (5 cents each)to retailers to affix to each cigarette package). 15 SAMPLE HOME RULE COMMUNITIES Committee members contacted home-rule communities to learn more about how home rule is being used. The committee member who contacted the community is listed so that any follow-up questions the council members may have can be directed to the appropriate member. Village of Barrington Hills (Kathie Farlow) Robert Kosin, Dir. of Admin. Barrington Hills 1. Barrington Hills has a population of 3930 residents and became a home rule municipality by referendum with a vote of about 2 to 1. Barrington Hills lies within the boundaries of 4 counties so they decided to apply for home rule to standardize the regulations for septic systems 2. Naturally Barrington Hills is not a tourist city as is Galena and they don't face the same issues we do, but according to Mr. Rosin it has never been a problem since they became home rule. He feels the fear of the people is not so much home rule but how the authority now given to city officials will be used. 3. Mr. Rosin felt one of the benefits to home rule was intergovernmental cooperation. This came up with several of the cities I spoke to. He also said that in certain instances the state of Illinois can pre-empty certain home rule rulings Village of Carlock(Joel Holland) Notes from phone call with Joanne Kyrouac,Trustee of the Village of Carlock,IL. Carlock is a town of 456 people located between Bloomington and Peoria. They passed Home Rule in August of 2003. Their goal was to generate additional tax revenue without putting the burden entirely on the local citizens. The process they used was: 1. They sent out a survey to all of the residents that indicated they would have a budget shortfall and would probably need to raise taxes. They asked the citizens which taxes out of sales tax, user fees or property taxes they would prefer to have increased. The response was overwhelming support for an increase in sales tax. 2. They held a town meeting and discussed the pros and cons of home rule. The town has three primary businesses that generate the majority of the sales tax: a restaurant, auto dealer and gas station. Immediately after passing home rule, they raised the sales tax by 0.50%. They anticipate this will generate 17-18K in additional tax revenue. Please see the letter from Village Trustee Joanne Kyrouac in Attachment E. 16 Village of Channahon (Joe Nack) I spoke with Lisa Armour, the City Administrator of Channahon, she indicated that the reason for Home Rule passing in their community was the possibility of a hydro electric plant being owned by the city that would produce electricity that would be a revenue generating agent. Based on that sole issue, Home Rule passed. The plant never came into existence. The municipality has imposed various taxes over the years such as a sale tax, 1%; gas tax, 1 cent; a hotel/motel tax. Population of the community is approximately 8,000. They have found Home Rule to be very beneficial with no detriments. They found it very beneficial in economic development and that they have been able to have sale tax rebates on a limited basis. The community is essentially a bedroom community. Industry in the area is a natural gas plant. A TIF district was created to support the natural gas plant. City of Crystal Lake(Kathie Farlow) Melanie - Crystal Lake 1. Crystal Lake became home rule by population 2. They instituted a 2-1/2% hotel-motel tax after becoming home rule City of Freeport(Joel Holland) Notes from phone call with Duane Price of the finance department of Freeport, IL: Duane indicated that Home Rule has provided Freeport with other taxing opportunities without going to referendum. Examples of taxes they have implemented: Fast Food and Beverage Sales Tax of 2% (raises 750K annually) .02/gallon gasoline tax 3% Hotel/Motel tax Borrow from banks He believes it has allowed the city to broaden its tax base and put less emphasis on real estate taxes. He also said that there needs to be a"watchdog type" organization to keep elected officials in check to make sure they aren't abusing home rule powers. Freeport is a home rule community because it has a population of over 25,000. They are concerned about losing that status as their population has been decreasing. Their population at the last census was 26,500. 17 Village of Hodgkins (Tom Horman) Telephone Interview With The Municipality Of Hodgkins Hodgkins: Population: 2,134 Became Home Rule in 1996 Points of interest: * Interview was with Sheri, deputy clerk in the City Hall and also a tax payer. 708-579-6700 * Initial reason for Home Rule was: • Vacant truck terminals on edge of town - eye sore for the community. • Community wanted the terminals demolished and the land used for retail. • Home Rule passed and a retail shopping mall was built on the truck terminal land. • Taxes collected from the shopping mall is most positive. •A movie theater was built adjacent to the mall. Home Rule placed a 25 cent tax for each ticket sold. • End result: Additional taxes being collected and a visual eye sore was replaced by a good looking establishment. * Home Rule passed in the election by overwhelming majority of the votes: * Educating the public through town meetings * Door to door campaigns * Promises by the city government not to raise taxes. * Because of the additional taxes which are being collected by Home Rule, the city has dropped a vehicle license and hopefully in the near future; fee water usage. * Sheri believes the city council is much better than ever before due to Home Rule. Each alderman has become more responsible and accountable for his/her actions taken with Home Rule so more thought and research is done by each. * Sheri wished all the committee members "good luck" and invited us to visit sometime. City of Mount Vernon(Tom Horman) Population: 16,269 Home Ruled In 1986 Points ofinterest: * Spoke with two people in two conversations. 618-242-5000 Mary Ellen, Economic Development Roy Payne, City Manager * Initial Reason For Home Rule: * City needed revenue badly! Unemployment was high,fireman were laid off,farming was at it's lowest, and the city was in bad shape. * Imposed a 1 % increase to jump start the revenue. * New revenue because of Home Rule: * With new revenue coming in they built or improved an Industrial Park. * Because of the change in the Industrial Park,Walgreens built a Distribution Center creating 900 new jobs. * Kept and continue to keep away from increase in property tax. 19 • City is on major intersection of travelers and is a good break for travelers. So: * 15% of revenue now comes from the outside. * Every major fast food restaurant has built along the new interstate which the city is now gaining revenue from (they credit the Industrial Park development for a portion of this growth). *AND new hotels have sprung up creating over night stays. Home Rule imposed a$1.00 a night per room MUNICIPAL SERVICE FEE or in other words - a tax. * Home Rule passed a 2% gas tax two years ago. • Passing Home Rule On The Ballot • Key selling point was the city officials.They educated, informed, and communicated the needs of the city to the community. A group effort by all in the city government. •The city government educated the public in the same election to elect city officials who could and would carry out the tasks at a critical time in their city history. •The first vote of Home Rule won a landslide victory. • The city is now on good financial standing and is doing great! I City of Nauvoo(Joe Nack) I spoke with Bob Soland,Alderman. He indicated that they formed a committee of 3 citizens to sell the Home Rule to the community. These 3 citizens had public meetings, did all of the research, placed the issue on a ballot, and successfully sold Home Rule to the community. The main basis was to generate income for their police department and roads due to the increased costs based on tourism. Made a promise to the community that if Home Rule was granted, that other than the 2% increase in hotel/motel tax, which was being done, again, to raise money for the police department and the roads predominantly used for tourism, no other taxes would be imposed without referendum. This is a self- imposed limitation by the village board. The village is very conscious of keeping the community informed of how monies that are generated by the Home Rule taxes are being spent. Home Rule passed approximately 1-1/2 years ago. Population of the community is approximately 1,000. Town of Normal (Beth Baranski) The town of Normal, population 45,386(per 2000 census),is, along with the city of Bloomington(population 64,808 per 2000 census), a college campus town(Illinois State University). The city became home rule automatically because of its population. The city's exercise of home-rule powers includes the following: 1. A 1.25% Retailers Occupation Tax(sales tax) on top of the 1% collected locally by all municipalities (therefore the combined rate is 5% state +.25% county + 1% city +1.25% home-rule =7.50%). 2. A 0.5% Use Tax placed on Bloomington-Normal residents purchasing new or used cars, boats or other vehicles. When purchases are made within the cities, the dealers collect the tax and submit to Normal on a monthly basis. If the purchase is made outside of Bloomington-Normal, the City reviews the list provided by the state, and sends a bill directly to the resident. Normal collects the tax for both itself and Bloomington, and gives Bloomington their portion. 19 3. A 6% Hotel Occupancy Tax. This is added to the 6% Hotel Occupancy tax collected by the state for a total 12% hotel-motel tax. 4. A 2% Food & Beverage Tax. Bloomington collects this tax for itself and Normal, and gives Normal their portion. This tax is added to the 7.5% sales tax for a total 9.5% tax on food and beverages sold in restaurants. 5. A 4% Liquor Tax on the sale of packaged liquor.This tax is added to the 7.5% sales tax for a total 11.5% tax on the sale of packaged liquor. 6. Has an intergovernmental agreement with the Illinois Department of Revenue allowing them to obtain sales tax revenue figures broken down by individual businesses. 7. Has issued bonds without needing to go to referendum. Recently (December, 2003) issued general obligation bonds to redevelop downtown area. Source: Patty Martinez, Assistant Finance Director, Finance Department, 3091454-2444 Cijy of Oakbrook Terrace Marc McCo Oakbrook Terrace has a population of 2,500. Home referendum failed twice before passing in 2002. Oakbrook Terrace has seven hotels. City Manager Martin Bourke explained that a principal advantage of home rule for Oakbrook Terrace was the ability to utilize hotel-motel tax funds for general operating expenses and capital improvements. Currently, State laws restrict those revenues for use only to generate additional hotel stays and promote tourism, conventions and other special events within the City. Mr. Bourke was kind enough to share information regarding Referendum, including questions and answers, copy of ordinance, copy of ordinance establishing a VOLUNTARY LIMIT ON THE ANNUAL PERCENTAGE OF INCREASE IN THE TAX LEVY TO BE EXTENDED BY THE CITY OF OAKBROOK TERRACE, copy of ordinance establishing LIMITATION ON PROPERTY TAX EXTENSION, copy of the resolution initiating a public question, copy of the resolution to endorse the adoption of home rule, and information listing the advantages of home rule. A copy of these documents is included in Attachment A. Cif of Park City (Doris Glick) Village of Park City, Illinois Population 6,637 Home Rule 1973 Spoke with City Clerk Ruth Wilcox and Mayor Steve Pannell 847-377-2400. The Village of Park City went Home Rule by referendum in 1973. This year 2003 the Village was able to raise the Sales Tax rate from 6.5 to 7% without a referendum, which has made it possible for the Village of Park City to have a very low tax levy of 0.116 for 2003. The Village has no Hotel/Motels so was unable to make a comparison to Galena. 70 Village of Peoria Heights (Marc McCoy) Population of 6,700 and adopted home rule in 1986 with a 4 to 1 margin after the loss of Pabst Brewery in 1982. Mr. Larry Franz advised Peoria Heights has found the number one advantage to be the flexibility to be a functioning government. They have no Hotels or Motels within the City limits. Also stated the public does not have to fear that home rule will become a"free for all". I Village of Robbins (Doris Glick) Population 6,637 Home Rule 1998 Spoke with City Clerk Palma James 708-623-5030. Reason The Village of Robbins became Home Rule was to be able to sell energy to Con-Ed. At the present time Con-Ed is closed but has plans to reopen. Village of Robbins has a Sales Tax rate of 7.75% without a referendum and they have a much higher levy of 2.680 for 2003. The Village has not had to raise additional taxes just because they are Home Rule. Village of Rosemont(Beth Baranski) The Village of Rosemont, population 4,224(per 2000 census) is located near O'Hare Airport. The city passed a referendum to become home rule in 1972. The city's exercise of home-rule powers includes the following: 1. A 1.25% Retailers Occupation Tax (sales tax) on top of the 1% collected locally by all municipalities (therefore the combined rate is 5% state +.25% county + 1.50% Cook County home-rule+ 1% city +1.25% home-rule =9.00%). 2. A 7% Hotel Occupancy Tax. This is added to the 6% Hotel Occupancy tax collected by the state and 1% collected by Cook County for a total 14% hotel-motel tax. 3. A 0.75% Use Tax placed on Rosemont residents purchasing new or used cars, boats or other vehicles. When purchases are made in the village, the dealers collect the tax and submit to the village on a monthly basis. If the purchase is made outside of the village, the village reviews the list provided by the state, and sends a bill directly to the resident. 4. A 1% Food&Beverage Tax. This tax is added to the 9.0% sales tax for a total 10% tax on food and beverages sold in restaurants. 5. A Cigarette Tax. Those selling cigarettes must affix a sticker to each pack. They purchase stickers from the village for 5 cents each. 6. Has an intergovernmental agreement with the Illinois Department of Revenue allowing them to obtain sales tax revenue figures broken down by individual businesses. 7. Has issued bonds without needing to go to referendum. Recently (December, 2003) issued general obligation bonds to redevelop downtown area. Source:John Hochstettler, Finance Director, 8471825-4404 71 City of St. Charles (Kathie Farlow) Susan- city hall - St. Charles 1. St. Charles became home rule in 1994 when there population reached 25,000 2. Susan was not very specific but did say home rule status allowed more flexibility in running the city 3. St. Charles instituted a 1/4% increase in the sales tax when they became a home rule municipality. 4. She did not feel there has ever been a problem regarding St. Charles home rule status City of Springfield(Beth Baranski) The City of Springfield, population 111,454(per 2000 census) is the state capital and a tourist destination. The city became home rule automatically because of its population. The city's exercise of home-rule powers includes the following: 1. A 1% Retailers Occupation Tax(sales tax) on top of the 1% collected locally by all municipalities (therefore the combined rate is 5% state +.25% county + 1% city +1% home- rule =7.25%). 2. A I% Use Tax placed on Springfield residents purchasing new or used cars, boats or other vehicles. When purchases are made in the city, the dealers collect the tax and submit to the city on a monthly basis. If the purchase is made outside of the City, the City reviews the list provided by the state, and sends a bill directly to the resident. 3. A 4% Hotel Occupancy Tax. This is added to the 6% Hotel Occupancy tax collected by the state for a total 10010 hotel-motel tax. Source:Dallas Whitford, Tax Manager, Office of Budget and Management, Municipal Center, 2171789-2000 Appendix A Potential Contacts Dr. James M. Banovetz Northern Illinois University Home#: 815/758-2759 Roger Huebner,Attorney Illinois Municipal League 217/525-1220 rhuebner @iml.org Larry Frang,Attorney Illinois Municipal League 217/525-1220 23 Jan 06 04 01 : 20p Barb 8152320777 p. 9 Municipal Government Home Rule Pale 1 of 5 Municipal Government Home Rule Srcvc Type of home rrtle I Cities eligible I Enabling awhoritu� Alabama None/Dillon's Rule state Alaska Broad"liberal constriction" 1 1st class cities I State constitution Arizona Structural+limited fiscal 1 3500+population 1 1910 const.Provision Arkansas structural+functional 2500+population 1 1926 coast. amendment California Broad structural+functional I All 1879 coast.Provision and state law Colorado Broad structural+functional I All 1912 const. amendment Connecticut Structural/Dillon's Rule I All 1 1969 coast.provision+ 1981 law Delaware Functional/legislative grant i 1000+population 1 1953 law Florida Structural+functional I All 1968 coast.Provision Georgia Functional All 1954 coast. amendment+ 1962& 1965 laws Hawaii This state has no unrnicipal governnrews.onAy counts- govenrinellfs Idaho Only home rule"police All State constitution powers"/Dillon's Rule state Illinois Structural+functional/broad 25000+population 1970 const.provision "liberal construction" Indiana Limited functional/devolution All 1980 law Of p0Wers Iowa � Structural+limited functional f All 1968 const. amendment+1971 law Kansas Structural+functional+fiscal All 1960 const.amendment devolution ofpoivers/"liberally construed" Kentucl`-v Structural+functional/ All 1980 law+ 1994 const. legislative grant(almost amendment devolution of powers) Louisiana Structural+functional+fiscal/ All 1974 coast.provision devolution.of powers+broad "residual" powers Maine Structural+functional/ All 1974 const.provision "lily--rally construed" Man•land structural+functional All 1954 coast.amendment Massachusetts Strictural+functional+ All 1966 coast. amendment+Home limited fiscal/devolution of Rule Procedures Act powers Michigan I Structural+fiuictional+fiscal/ I All 1 1908& 1963 coast.provisions+ http://www.cia.sc_edu/poli/civiced/Reference%2OMaterials/US_.holne_rule.htm 1/6/2004 24 Jan 06 04 01 : 20p Barb 8152320777 p. 10 Municipal Govemment Home Rule Paae 2 of 5 "liberally construed" I ! 1909 law devolution of poiyers If Minnesota Limited structural+functional All 1896 coast.amendment+1896 lacy Mississippi Limited structural+functional I All 1985 law Missouri Structural+functional+fiscal 5000+population 1 1945 coast. provision+ 1971 coast. amendment Montana Structural+functional/"not All 1972 coast.provision home nile.but self- govcmment powers" Nebraska Charter writing authority only/ 5000+population 1912 const.amendment Dillon's Rule state/"illuson home rile" Nevada None/Dillon's Rule state New None Hampshire New Jersey Limited structural+functional All 1947 cons(.provision+1950 lasv +limited fiscal/"liberally construed" New Mexico Structural+functional/"liberal 300+population 1970 coast.provision construction"/"maximum local sell=government" NlN York Structural+functional+ All 1938 coast. provision limited fiscal/"bill of rights for local government" North Carolina Structural/modified Dillon's Rule state North Dakota Structural+functional+fiscal/ 100+population 1999 const.provision+ 1993 law "maximum local self- government" Ohio Structural+functional+fiscal/ All 1912 const.provision 'exercise all powers of local government" Oklahoma Structural I State constitution Oregon Stnuctural I All l� 1906 coast.provision Pennsylvania Structural I All 1 1968 coast.provision+ 1972 law Rhode Island Structural I All 1952 const.provision South Carolina Structural+functional+fiscal/ All 1973 cons(.amendment "liberally construed" South Dakota Fordham approach with fey All 1962 cons(.amendment limits/devolution of powers Temressce Structural I All 1953 const.amendment Texas Structural+functional I All 1912 coast.amendment littp://www.cla.sc.edu/poli/eiviced/Reference%2OMateri als/US_home_rule.htin 1/6/2004 25 Jan 06 04 01 : 21p Barb 8152320777 p. 11 Municipal Government Home Rule Page 3 of 5 Utah Stnuctral+functional+ All 1932 coast.amendment limited fiscal Vennont Legislative permission to adopt All State la�,,- form of government Virginia Functional/Dillon's Rule state All State tan Washington Limited structural All 1889 coast.provision+ Amendment 40+ 1967 law West Virginia Ven'limited structural/ 2100+population 1936 const. amendment Dillon's Rule state Wisconsin Limited structural+functional AU 1 1933 const. amendment Wr oauiug Structural+functional I All 1 1972 coast.amendment Count'Government Home Rule Sale Tipe of home nile Counties eligible Enabling anthority Alabama "Limited" 3 most populous counties Special laiv Alaska Broad/"liberal construction" All boroughs Coast. provision Arizona Structural+limited fiscal 5011.000+population 1992 coast.amendment Arkansas Structural+functional All 197=4 coast.amendment California 'Broad structural+functional All 1911 coast. amendment Colorado Structural/legislative grant All 1981 const.amendment Connecticut Counties abolished in 1960 Delaware None Florida Structural+limited functional All 1968 const.provision Georgia Functional All 1966 coast. amendment Hawaii Structural+limited fiscal All 1968 coast. provision Idaho 0111v"police powers"home rule/ All Coast.provision Dillon's Rule state Illuiois Broad structural+functional/"liberal All 1971 coast.provision constriction" Indiana Limited functionaU devolution of All 1980 la«, powers lowa Structural+functional All 1978 coast.amendment +1988 late• Kansas Stnuctural+functional+fiscal/ All 1974 la�,%, devolution of powers/"liberally construed'? Kenluckv Structural+functional All 1991)law http://www.cla.sc.edu/poli/civiced/RefereRct%2OMaterials/US'l ome_rule.htin 1/6/2004 26 Jan 06 04 01 :21p Barb 8152320777 p. 12 Municipal Government Hotnc Rule Page 4 of 5 Louisiana Structural+functional/devolution of All 1974 coast.provision powers/broad"residual powers" Maine Limited fiscal 1985 and 19961aw Man-land Str-uctund+functional All 1915 and 1996 coast. amendments:"Express Powers Act" Massachusetts None(7 of 14 counties abolished) Michigan Limited structural(only Wayne Counhv All State law has a charter) Minnesota Limited structural Ramsay Counh• 1987 law Mississippi Limited structural All 1988 law Missouri Structural+functional+fiscal 85000+population 1945 and 1971 coast. amendments Montana Structural+functional/"residual All 1972 coast.provision lxm-ers° Nebraska None I Nevada None New None/Counties have ven-limited Hampshire functions New.Tersey Str ucthu-al+limited fiscal Ncw Mexico None New York Structural+functional+limited fiscal All 1959 coast.amendment North Modified Dillon-s Rule/may choose All Carolina manager form North Dakota Structural+functional(onilv 3 counties All 1985 law have charters) Ohio Structural All 1933 cons(. amendment Oklahouna None Oregon Structural All 1958 consi.amendment Pennsvivania Structural All 1968 coast.+1972 taxi- Rhode Island None(no counties exist in Rhode Island) South Structural+functional+limited Carolina revenue South Dakota Broad/Fordhann plan Tennessee Not mentioned Texas None Utah Structural+functional+limited fiscal Vermont None(counties have minimal governing role) http://www.cia.sc.edu/poli/civiced/Reference%2OMaterials/TJS_home_rule.litm 1/6/2004 27 Jan 06 04 01 : 21p Barb 8152320777 p. 13 Municipal Government Home Rule Page 5 of 5 Virginia Charter(only 3 of 95 counties) Washiugton Limited structural West Virginia None Wisconsin "Administrative" home rule All 1985 Wyoming None Source:Home Rule in America:.4 Fifi)1-Sumo,Handbook. Congressional Quarterly Press,2001. 5 littp://www.cia.sc.edu/poli/civiced/Reference%2OMaterialsfUS_liome rule.htm 1/6/2004 28 - 12 CONSTITUTION OF THE STATE OF ILLINOIS- 1970 ARTICLE VII - LOCAL GOVERNMENT SECTION 6. POWERS OF HOME RULE UNITS (al A County-which has a chief executive officer elected by theelectors of the county and any municipality which has a population of more than 25,000 are home rule units. Other municipalities may elect by referenoum to become home rule units. Except as limited by this Section, a home rule unit may exercise any power and perform any function pertaining to s its government and affairs including, but not limited to, the power to regulate for the protection of the public health,safety, I morals and welfare;to license;to tax;and to incur debt. (b) A home rule unit by referendum may elect not to be a home rule unit. (c) If a home rule county ordinance conflicts with an ordinance of a municipality,the municmai ordinance shall prevail within its jurisdiction. (d) A home rule unit does not have the power (1) to incur debt payable from ad valorem property tax receipts maturing more than 40 years from the time it is incurred or (2) to define and provide for the punishment of a feiony. (e) A home rule unit shall have only the power that the General Assembly may provide by law (1) to punish by impris- onment for more than six months or (2) to license for revenue or impose taxes upon or measured by income or earnings or upon occupations. ) (f) A home rule unit shall have the power subject to approval by referendum to adopt,alter or repeai a form of govern- 1 ment provided by law, except that the form of government of Cook County shall be subject to the provisions of Section 3 of this Article. A home rule municipality shall have the power to provide for its officers, their manner of selection and terms of office only as approved by referendum or as otherwise authorized by law. A home rule county shall have the power to provide for its officers, their manner of selection and terms of office in the manner set forth in Section 4 of this Article. (g) The General Assembly by a law approved by the vote of three-fifths of the members elected to each house may deny or limit the power to tax and any other power or function of a home rule unit not exercised or oerformed by the State other than a power or function specified in subsection (1) of this section. (h) The General Assembly may provide specifically by law for the exclusive exercise by the State of any power or func- tion of a home rule unit other than a taxing power or a power or function specified in subsection (1) of this Section. (i) Home rule units may exercise and perform concurrently with the State any power or function of a home rule unit to the extent that the General Assembly by law does not specifically limit the concurrent exercise or specifically declare the State's exercise to be exclusive. (j) The General Assembly may limit by law the amount of debt which home rule counties may incur and may limit by law approved by three-fifths of the members elected to each house the amount of debt, other than debt payable from ad valorem property tax receipts,which home rule municipalities may incur. (k) The General Assembly may limit by law the amount and require referendum approval of debt to be incurred by home rule municipalities, payable from ad valorem property tax receipts, only in excess of the following percentages of the assessed value of its taxable property: (1) if its population is 500,000 or more, an aggregate of three percent,--(2)if-its-population is- more than 25,000 and less than 500,000,an aggregate of one percent;and (3) if its population is 25,000 or less,an aggregate of one-half percent. Indebtedness which is outstanding on the effective date of this Constitution or which is thereafter ap- proved by referendum or assumed from another unit of local government shall not be included in the foregoing percentage amounts. (1) The General Assembly may not deny or limit the power of home rule units (1) to make local improvements by special assessment and to exercise this power jointly. with other counties and municipalities, and other classes of units of local government having that power on the effective date of this Constitution unless that power is subsequently denied by law to any such other units of local government or (2) to levy or impose additional taxes upon areas within their boun- daries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services. (m) Powers and functions of home rule units shall be construed liberally. 29 Home Rule Units In Illinois And Populations (from 2000 Census) As of November 20, 2002 (with the exception of the highlighted communities, which may be more recent) I. Counties Cook II. Cities and Villages Addison Berwyn Calumet Park, 1976 Pop. 35,914 Pop. 54,016 Pop. 8,516 Alsip, 1990 Bloomingdale, 1996 Carbondale Pop. 19,725 Pop. 21,675 Pop. 20,681 Alton Bloomington Carlock Pop.30,496 Pop. 64,808 Pop. 456 Arlington Heights Bolingbrook Carol Stream Pop.76,031 Pop. 56,321 Pop.40,438 Aurora Bridgeview, 2002 Carpentersville, 1993 Pop. 142,990 Pop. 15,335 Pop. 30,586 Barrington Hills, 1990 Bryant, 1974 Carterville Pop. 3,915 Pop. 255 Pop. 4,616 Bartlett Buffalo Grove, 1980 Champaign Pop. 36,706 Pop. 42,909 Pop. 67,518 Bedford Park, 1971 Burbank Channahon, 1982 Pop. 574 Pop. 27,902 Pop.7,344 Belleville Burnham, 1980 Chicago Pop.41,410 Pop.4,170 Pop. 2,896,016 Bellwood, 1994 Cahokia, 1996 Chicago Heights Pop. 20,535 Pop. 16,391 Pop. 32,776 Berkeley, 1996 Calumet City Chicago Ridge, 1994 Pop. 5,245 Pop. 39,071 Pop. 14,127 30 Cicero Elgin Golf, 1976 Pop. 85,616 Pop. 94,487 Pop. 451 Country Club Hills, Elk Grove Village Granite City 1993 Pop. 34,727 Pop. 31,301 Pop. 16,169 Elmhurst Gurnee Countryside, 1972 Pop. 42,762 Pop. 28,834 Pop. 5,991 Elmwood Park Hanover Park Crystal Lake Pop. 25,405 Pop. 38,278 Pop. 38,000 Elwood, 1997 Harvey Crainville Pop. 1,620 Pop. 30,000 Pop. 992 Evanston Harwood Heights, 1995 Danville Pop. 74,239 Pop. 8,297 Pop. 33,904 Evergreen Park Herrin Darien, 2001 Pop. 20,821 Pop. 11,298 Pop. 22,860 Fairview Heights, 1993 Highland Park Decatur Pop. 15,034 Pop. 31,365 Pop. 81,860 Flora, 1975 Highwood Deerfield, 1975 Pop. 5,086 Pop. 4143 Pop. 18,420 Freeport Hillside, 1995 DeKalb Pop. 26,443 Pop. 8,155 Pop. 39,018 Galesburg Hodgkins, 1996 Des Plaines Pop. 33,706 Pop. 2,134 Pop. 58,720 Glendale Heights Hoffman Estates Dolton Pop. 31,765 Pop. 49,495 Pop. 25,614 Glen Ellyn Hopkins Park, 2001 Downers Grove Pop.26,999 Pop. 711 Pop.48,724 Glenview Inverness, 2000 East Hazel Crest, 19$9 Pop. 41,847 Pop. 6,749 Pop. 1,607 Glenwood, 1986 Joliet East St. Louis Pop. 9,000 Pop. 106,221 Pop. 31,542 31 Kankakee Mound City, 1973 Oak Brook Terrace, Pop. 27,491 Pop. 692 2002 Pop. 2,300 Lake Barrington, 1991 Mount Prospect Pop. 4,757 Pop. 56,265 Oak Forest Pop. 28,051 Lansing Mt. Vernon, 1986 Pop. 28,332 Pop. 16,269 Oak Lawn Pop. 55,245 Lincolnshire, 1975 Muddy, 1981 Pop. 6,108 Pop. 78 Oak Park Pop. 52,524 Lincolnwood, 1997 Mundelein Pop. 12,359 Pop. 30,935 Old Mill Creek, 1993 Pop. 251 Manhattan, 1996 Murphysboro, 1994 Pop. 3,330 Pop. 13,295 Onarga, 1997 Pop. 1,438 Marion, 1994 Naperville Pop. 16,035 Pop. 128,358 Orland Park Pop.51,077 Mascoutah, 1979 Naples, 1982 Pop. 5,659 Pop. 134 Palatine Pop.65,479 Maywood Nauvoo Pop. 26,987 Pop. 1,063 Park City, 1973 Pop. 6,637 McCook, 1971 Niles Pop. 254 Pop. 30,068 Park Forest Pop. 23,462 Mettawa, 1990 Normal Pop. 367 Pop.45,386 Park Ridge Pop. 37,775 Moline Norridge, 1973 Pop. 43,768 Pop. 14,582 Pekin Pop. 33,857 Monee, 1996 Northbrook Pop. 2,924 Pop. 33,435 Peoria Pop. 112,936 Monmouth, 1999 North Chicago Pop. 9,841 Pop. 35,918 Peoria Heights, 1986 Pop. 6,635 Morton Grove Northlake, 1994 Pop. 15,198 Pop. 11,878 Peru, 1981 Pop. 9,835 32 Quincy Sesser, 1989 Tinley Park Pop. 40,366 Pop. 2,128 Pop. 48,401 Rantoul, 1982 Sherman, 2002 University Park, 1975 Pop. 12,857 Pop. 2,871 Pop. 6,662 Robbins, 1998 Skokie Urbana Pop. 6,635 Pop. 63,348 Pop. 36,395 Rockdale, 1982 South Barrington, 1975 Valmeyer, 1994 Pop. 1,888 Pop. 3,760 Pop. 608 Rock Island South Holland Washington, 1998 Pop. 39,684 Pop. 22,147 Pop. 10,841 Rolling Meadows, 1985 Springfield Watseka, 1975 Pop. 24,604 Pop. 111,454 Pop. 5,670 Rosemont, 1972 Standard, 1975 Waukegan Pop.4,224 Pop. 256 Pop. 87,901 Round Lake Beach Stickney, 1974 West Dundee, 1990 Pop. 5,842 Pop. 6,148 Pop. 5,428 St. Charles Stone Park, 1972 Wheaton Pop. 27,896 Pop. 5,127 Pop. 55,416 Sauget, 1976 Streamwood Wheeling, 1977 Pop. 249 Pop. 36,407 Pop. 34,496 Schaumburg Sycamore, 1996 Wilmette Pop.75,386 Pop. 12,020 Pop. 27,651 Schiller Park, 1994 Thornton, 1980 Woodridge, 1975 Pop. 11,850 Pop. 2,582 Pop. 30,934 Dates listed indicate the year the community adopted home rule by referendum. 33 01/20/2004 16:27 FAX 630 434 5571 VILLAGE OF DOWNERS GROVE 0 002 RESOLUTION NO. 95-53 A RESOLUTION AMENDING THE VILLAGE COUNCIL POLICY REGARDING THE EXERCISE OF HOME RULE POVMRS WHEREAS, Article VII of the Constitution of the State of Illinois of 1970 (the "Constitution') became effective on July 1, 1971, and Section 6(a) of said Article provides that, except as limited by said Section 6, a home rule unit (as therein defined) may exercise any power and perform any function pertaining to its government and affairs, including but not limited to the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt; and WHEREAS, upon the effectiveness of the Constitution the-Village of Downers Grove became, automatically and without further action of any kind, a home rule unit within the meaning of said Article; and WHEREAS, the Council of the Village of Downers Grove believes that the Council should exercise the special home rule unit powers and functions under the Constitution with due care and caution, and with a view to the long-range effects that such exercise may have upon the Village and its residents, and for such reasons believes it necessary and desirable to adopt policy guidelines for the exercise of such special home rule unit powers; and, WHEREAS, the Village Council has previously adopted Resolutions 71-81 and 81-1 setting forth a policy regarding the exercise of home rule powers (the "Home Rule Policy"); and, WHEREAS, The Village Council 14as determined that this Home Rule Policy should be amended. NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Downers Grove, DuPage County, Illinois, as follows: 1. Prior-to adoption of an ordinance that is not authorized under the provisions of the Illinois Municipal Code (Illinois Compiled Statutes, Chapter 65) for municipalities that are not home rule units, the Village Council will cause a summary of the proposed ordinance to be published v i a newspaper having general circulation in the Village. Copies of the proposed ordinane:e shall be made available for public distribution at the Downers Grove Library and Village Hall. Finally,'the pendency of such proposed ordinance will be announced in at least two meetings of the Village Council. 2. Prior to adoption of any ordinance imposing a tax on any person or property in the Village that is not authorized under the-provisions of the Illinois Municipal Code for municipalities that are not home rule units, the Village Council will follow the following procedures: 1 - 34 01/20/2004 16:28 FAX 630 434 5571 VILLAGE OF DOWNERS GROVE IM003 95-53 (a) A statement setting forth the intended use of the additional revenue to be derived from such tax will be prepared and published along with the publication of the summary of the proposed ordinance, referred to in paragraph 1 above. i (b) A public hearing will be held with respect to the proposed ordinance to be presided over by the Mayor or the Mayor Pro-Tem, or by some other person designated for such purpose by the Mayor, at which any person interested in the subject matter of such proposed ordinance may appear, in person or by attorney, and submit statements and documentary evidence to the person conducting such hearing. Notice of the time and place of such public hearing will be published at least once, seven days or more prior to the date of such hearing, irl a newspaper having general circulation in the Village. (c) The Village Council will consider the minutes of the public hearing, as well as the written statements submitted as part thereof.. If; prior to a vote on � adoption of the ordinance :petitions opposing such proposed ordinance are filed with the Village Clerk containing signatures of eligible voters in the Village equal to 10% or more of the total votes cast for the office of Mayor at the last preceding; election of Mayor, it will be the policy of the Village Council to hold an advisory referendum on such proposed ordinance. If the majority of the persons voting at such referendum are opposed to such proposed ordinance, it will be the policy of the Village Council not to adopt such ordinance. 3. The interpretation and application of this Resolution shall be within the sole discretion of the Village Council which decision shall be final. Notwithstanding anything to the contrary in the foregoing provisions of this Resolution, any ordinance or resolution hereafter adopted by action of the Village Council shall not be invalidated, impaired or affected in any way by non-compliance or alleged non-compliance with any one or more provisions of this Resolution. 4. Any and all resolutions in conflict with the provisions of this Resolution, and in particular Resolutions 71-81 and 81-1, are hereby repealed. 5. The provision of this Resolution shall be come effective immediately upon its passage and approval. Mayor Passed: October 30, 1995 Published: b ;9a - Attest: Village Clerk 4/wp/policy/homerule 2 35 Sales Tax Rates in Home Rule Units of Local Government The following table outlines the sales tax rates for general merchandise current as of January 1, 2004, for each of the home rule units in Illinois that impose home rule sales tax. You will find the combined rate preprinted on your Forms ST-1 and ST-2 for each reporting period. These rates are subject to change January 1 and July 1 of each year. Home Rule ST-1/ST-2 Sales Tax Rate Combined Rate Current as of 1/1/2004 Current as of 1/1/2004 Addison Alsip 0.17-5% Alton 0.50% 7.10%° Arlington Heights _0 50%._.. 8.25% _7-50% - . .. . _. . %- - --- - 7.50%---_._ --- - - - 7.75%--- Aurora 1.00% - _... 7.50% Bedford Park 0.75% 8.50% Belleville 0.25% 7.35%° Bellwood 1.00% 8.75% 8.75%_ ... 8.75% . - - Bloomingdale 0.5 0%... -- 7.25%.._ ... Blo_ommgton - - -- --_1 25% -- - 7.50%_...__ --. Bolin gbrook(DuPage) 1.00% _7.50%_._ 7.50%-_-_. _. -- -- Bridgeview.----- - - - - 1.00% 8.75% - Buffalo Grove.(Cook) - -----0 50% - -- -- 8-25%°- - Buffalo Grove�l_ake) _.-- -- -- 0.50% ------__- ._ _ - - - ---- -- . _7.00%° ._------------ ._------- Bu rbank Burnham 1.00% 8.75% _..._. ... ._._-._.. -- _. Cahokia 0.50% 7.60% Calumet City - 1 00% 8.75% - Calumet Park 1.00% 8.75% Carbondale 1.00% 7.25%° --- - -- - -- - - ---- - - - --- - --._ - __ .___.._ - _.._. ---------- Carlock 0.50% 6.75% --- _. _.. _----._ ---- - -- -- - - Carol Stream 0.50%° 7.25% Carpenterswlle -_ _.. 1.25% 7.75%7.75 _ .._ _ Carterville 1.00% 7.25% Champaign -- __1.00% - _ _.. 7.50.% Channahon (Grundy) 1.00% - 7.25% Channahoni ili)- - 1,00%_ - 7.50% - Chicago(Cook)....__. --- _____ Chicago-CDuPage)_ __ . 1..00% - _- ----- ---- 7.50%___._. 0.75% ---8.50% - - - -- - - -- -- Cicero 1.00% 8.75% _ _ - -.. -- Country Club Hills_ 1.25% -_ . _ 9.00% Crainville 1.00% 7.25% -- ----- .. -- --- - -. - - ....-.. __ --- -.__ _.._ --.------ - Danville 1.00% 7.50% Cook County imposes a 0.75%county home rule sales tax. For unincorporated areas in Cook County,the ST-1/ST-2 combined rate remains at 7.75%. For home rule municipalities within Cook County that impose home rule sales tax,the ST-1/ST-2 combined rate varies(see the entries for each municipality). 36 Sales Tax Rates in Home Rule Units of Local Government The following table outlines the sales tax rates for general merchandise current as of January 1, 2004, for each of the home rule units in Illinois that impose home rule sales tax. You will find the combined rate preprinted on your Forms ST-1 and ST-2 for each reporting period. These rates are subject to change January 1 and July 1 of each year. Home Rule ST-1/ST-2 Sales Tax Rate Combined Rate Current as of 1/1/2004 Current as of 1/1/2004 Decatur---_-._. ___ _-._-__ --_. --_.. _1,-501x_.._ _------ --_.___--__:--------._8.00°/Q_.-------------- -___.__ __...._.___ DeKaib_. . .. . - - .._ - 1.25 0/6__ - Ds .-----_ - --- ------ -0,75°/Q--__ - Dolton .__0..50°Lo.- -- -- ------------------------7 25%q--- ------ E.ast.NazQl_Crest..___ ; _............. _._0_,50%.._... _ __.. .-. _... 8.25% - - _ - East_St�louJS ------------- Elgin__(Cook)_ .. . .. 0.75%.__. ., . . ... .- _. 8.50% _._---- - - _ ,_.____ %--------- -------- ---7.25%-- - ------------- -- Elmh_u_.rstCook).- 8,25% Elmhurst_.{Du.P__age)-- ------ - -.__0,25%_.-- --- --7-0A%. - -- - - -- ------ Elmwood Park 1.00% 8.-75% Elwood ---- --- --- --- - _1_.QQ°Lo---- _. ......... --. 70% F-vanston_ -.. . --_.__ ___ .,_. _.1.00%__. -- _ 8.750/6 --- .-_ - Eve-Wr..een Park ---...- ----0 7510---___ .. - -- ----..$ Q%-- -- ------- ---- ---- Fairview Heights._._-----------____ _ __0.25%----_ _-_..___ Fre��orT---- ---------------02`°Q------------- - 790° --- --------- Galesburg.____ . Olen.dale_He -----------------------------Q.25°x------_._-----------------7 QO%o_--------._------------------ -- Granite City-_ _..........__........... -- C�ttmee_.----- -------- ---- _._ ---- ----9,00%---- -------- -- --- -- -7.9Q°1_� ----..----------- Hanover-Park-(Du Page) --------- ------ ------------ZOQ°Lo..--------- ------ Harwood Heights--- _._.__ 1.00% - ---- 1-lerri�--------------------------- �t_OQ°Lo-------------------7 X519---------------------.._ Highland.Park_(Lake)_,.__.- ---- Hillside--------- ------------ .00 -------------$75%Q----------- ----- --- -_- Hoffrnan Estates_.(Cook)- Or50%Q--------------------------Z.00%4---_------------- Jo11et,�Kendala___ ----- --- --- --- -- - - -_x.25%---- - -- _ _------ ----__ . Joliet�lrllill)--------- -------- ------ --- ----_120°L9---- ------ ------------------7�7;z% ---- - --- -- -----._.---- Lansing_--... ._,__ . ..__._ Lincolnwood-..--------- ---------- ---- Marion_-. --_- 1,00 116.__ _._.. __.._... _ .7.25% ........ _............ ___._ Monee Mon_..mouth--------- - ------------- -___--19010 ------------- - 7_,,25%s ---- ---------------- Morton-Grove-.. __ 1..00%_ ... .. __ . _875% ..__ -. ......_ _------.-- * Cook County imposes a 0.75%county home rule sales tax. For unincorporated areas in Cook County,the ST-1/ST-2 combined rate remains at 7.75%. For home rule municipalities within Cook County that impose home rule sales tax,the ST-1/ST-2 combined rate varies(see the entries for each municipality). 37 Sales Tax Rates in Home Rule Units of Local Government The following table outlines the sales tax rates for general merchandise current as of January 1, 2004,for each of the home rule units in Illinois that impose home rule sales tax. You will find the combined rate preprinted on your Forms ST-1 and ST-2 for each reporting period.These rates are subject to change January 1 and July 1 of each year. Home Rule ST-1/ST-2 Sales Tax Rate Combined Rate Current as of 1/1/2004 Current as of 1/1/2004 Mount-Prospect_ -_- - 0.75% . 8.50% Mount Vernon 1.25% 7.50% Mundelein 0.75% 7.25% -- --- -- -- -- -- ---- -- -- - -- ----- -- -- -- Murphysboro _ _ _. 1. 00%. . 7.25% Niles 0.75% 8.50% ---- - -- ---- - - - - - --- - -.. ------ -- - - -- - - - -- -- -- - Normal 1.25%, 9.00%_ Northbrook 0.50% 8.25% 00% _ _ 8,75% .._-- Northlake.(Du_Page)._.. .._ 1.00%_ _. _. _- -_ .7.50%.. Oak_Lawn - -- - ----- - - - --- -0.50%.. _.- -- 8.25%-- ---------------- Oak Park 1.00% 8.75% Orland Park(Cook) -- 0 75% - - 8.50% Orland Park(Will)- - __ __.0 75%0___ __ _ .. ____.. -_ 7,25%..._ Palatine 1.00% 8.75% Park Ridge ------ --------------- ----0.50% -------- ------ ----- 8.25% -- Pa_rk --0-.-5Q%-------'..-- -_. Pekin(Peoria)--. - - -- - -- 1.000/0 . - - 7.50%.- -1.00% 7.75% ..... Peoria 1.50% 8.00% ---- - - -- - - ---- Peoria Heights (Peoria)_ 1.00% _ - _ 7.50%, Peoria Heights.(Tazewe_II) __1.00% _ ._ . _ - -- 7.75%.__._ Peoria Heights.(Woodford)-_ 1.00% 8.25%._ Rock,lsland. _. . ... -0.75% 7.00%.. Rolling_Meadows 1.00% --8.75%-..---__ ---1.25% .. -.- -- 9.00%____ Round Lake Beach 0.50% 7.00% $auget __._. _.- - 0.2b% 7.35% Schaumburg_(Cook) --1 00%- - - - 8,75%- _.. Schaumburg ..._1.00%.__. Schiller Park 0.75% 8.50% Sesser_ ..___ _ ...- -- --.. _ _ _.-1.00% 7.25%____ Sherman 0.50% 6.75% --_.._ _ _...____ _.__ . _..__-_. ._-__- __-_____._ - __ . __.- __-._-- _ -_ Skokie _.__--- _ _ _ _ 1.00% _ 8.75%._ . . South Barrington._.... South-Holland - _ _. __.0 50-Springfield _.------ - -1.00%- - - - -- - ---- -- 7.25%0 _.- --- St.Charles (DuPage.) _ 0.50%_ _. - 7.00% * Cook County imposes a 0.75%county home rule sales tax. For unincorporated areas in Cook County,the ST-1/ST-2 combined rate remains at 7.75%. For home rule municipalities within Cook County that impose home rule sales tax,the ST-1/ST-2 combined rate varies(see the entries for each municipality). 38 Sales Tax Rates in Home Rule Units of Local Government The following table outlines the sales tax rates for general merchandise current as of January 1, 2004, for each of the home rule units in Illinois that impose home rule sales tax.You will find the combined rate preprinted on your Forms ST-1 and ST-2 for each reporting period. These rates are subject to change January 1 and July 1 of each year. Home Rule ST-1/ST-2 Sales Tax Rate Combined Rate Current as of 1/1/2004 Current as of 1/1/2004 St.Charles (Kane) -0.50% 7.00%.... .. ...... .__.. - - Stick ney.. __. _.. ._. - 1.00%_ ._ - 8.75%.. Stone Park 1.50% 9.25% Streamwood 1.00% 8.75% Urbana 1.00% 7.50% Washington. - - --- --- _ 1.00%--- - -.. 7.75% -- Watseka 075% 7.00% 7,50% . - -- ------------ - ---- West Dundee 1.50% 8.00% Wheeling-(Cook -- - --- - - - 0.75% — - -- -- 8.50% _ Wheelmg_(Lake). - _.__. -- 0.75%__. __ _. __. - ... 7.25%__.__._ - - Cook_County(Countywide) _ _ 0.75%_________ - 39 CHICAGO TITLE INSURANCE COMPANY TRANSFER TAXES - CHICAGO METROPOLITAN AREA As of August 2,2002 TAXING PRIMARY AMOUNT OF CONTACT TELEPHONE COMMENTS DISTRICT LIABILITY TAX I MUNICIPALITIES j ADDISON Buyer $2.50/$1000.00 1 Friendship Plaza (630)693-7564 WATER BILL MUST BE PAID; (DuPage) Addison,IL 60101 SEWER INSPECTION REQUIRED;COPY OF STATE DECLARATION AND DEED REQUIRED IF EXEMPT ALSIP Seller $3.50/$1000.00 4500 W.123rd St. (708)385-6902 FINAL WATER READING AND (Cook) (Minimum of Alsip,IL 60803 BILL MUST BE PAID;COPY OF $100.00) SALES CONTRACT REQUIRED; HAS LOCAL FORM;$15 CHARGE FOR EXEMPT STAMP;NO PERSONAL CHECKS AURORA Seller $3.00/$1000.00 44 E.Downer Place (630)906-7414 FINAL WATER READING AND (DuPage) (Kane) Aurora, IL 60504 BILL MUST BE PAID; HAS (Kendall) (will) LOCAL FORM;STATE DECLARATION(ORIGINAL OR A COPY)SIGNED BY AT LEAST ONE PARTY REQUIRED WITH LEGALATTACHED BARTLETT Seller $3.00/$1000.00 228 S.Main (630)837-0800 SUMS DUE MUST BE PAID; (Cook) Bartlett,IL 60103 Finance Dept. FINAL WATER READING;COPY (DuPage) OF DEED AND STATE (Kane) DECLARATION OR CONTRACT REQUIRED;HAS LOCAL FORM; $3 FEE FOR EXEMPT STAMP BY MAIL BEDFORD PARK Seller $50.00/trans. 6701 Archer Rd. (708)458-2067 WATER BILLS MUST BE PAID; (Cook) Bedford Park,IL 60501 Administration INSPECTION REQUIRED;HAS Dept. LOCAL FORM BELLWOOD Seller $5.00/$1000.00 3200 Washington Blvd. (708)547-3500 FINAL WATER READING; (Cook) Bellwood,IL 60104 HOME INSPECTION REQUIRED;HAS LOCAL FORM; ORIGINAL OR COPY OF DEED AND STATE DECLARATION REQUIRED;$10 FEE FOR EXEMPT STAMP BERKELEY Seller $25.00/trans. 5819 Electric Ave. (708)449-8840 ORIGINAL DEED REQUIRED; (Cook) Berkeley,IL 60163 WATER BILLS,FINES, ETC., MUST BE PAID;SUBPUMP INSPECTION;COMPLIANCE STAMP BERWYN Seller $10.00/$1000.00 6700 W.26th St. (708)788-2660 FINAL WATER READING; (Cook) Berwyn, IL 60402 Collector's Dept. INSPECTION REQUIRED;HAS LOCAL FORM;$25 FEE FOR EXEMPT STAMP;ORIGINAL DEED;DEC FOR COOK& ILLINOIS NOTE: While every effort has been made to ensure the accuracy of this chart,the information contained herein is subject to change at any time. The appropriate county or municipality should be contacted for the most current information and requirements.This list is updated twice a year,in February and August.For the most recent on-line listing,go to http://www.cmetro.ctic.com. Page 2of10 43 CHICAGO TITLE INSURANCE COMPANY TRANSFER TAXES - CHICAGO METROPOLITAN AREA O As of August 2,2002 TAXING PRIMARY AMOUNT OF CONTACT TELEPHONE COMMENTS DISTRICT LIABILITY TAX BOLINGBROOK Split equally $3.75/$500.00 375 West Briarcliff (630)226-8455 FINAL METER READING;SUMS (DuPage) Bolingbrook, IL 60440 DUE MUST BE PAID; STATE (will) DECLARATION REQUIRED; HAS LOCAL FORM;$30 FEE FOR EXEMPT STAMP BUFFALO GROVE Seller $3.00/$1000.00 50 Raupp Blvd. (847)459-2500 WATER BILL,TICKETS, (Cook) Buffalo Grove, IL 60089 INVOICES MUST BE PAID;HAS (Lake) LOCAL FORM BURBANK Seller $5.00/$1000.00 6530 W.79th St. (708)599-5500 HAS LOCAL FORM;ORIGINAL (Cook) Burbank, IL 60459 City clerk's DEED REQUIRED IF EXEMPT; office NO PERSONAL CHECKS BURNHAM Buyer $5.00/$1000.00 14450 Manistee (708)862-9150 FINAL WATER READING;HAS (Cook) Burnham, IL 60633 LOCAL FORM;CASH OR MONEY ORDER REQUIRED CALUMET CITY Split equally $8.00/$1000.00 204 Pulaski Road (708)891-8116 WATER BILL MUST BE PAID; (cook) Calumet City, IL 60409 INSPECTION REQUIRED; Inspection Services: STATE DECLARATION FORM 687 Wentworth REQUIRED;HAS LOCAL FORM CALUMET PARK Buyer $5.00/$1000.00 12409 S.Throop (708)389-0851 FINAL WATER READING (Cook) Calumet Park,IL 60827 REQUIRED; INSPECTION REQUIRED($100);HAS LOCAL FORM;NO PERSONAL CHECKS CAROL STREAM Seller $3.00/$1000.00 500 N.Gary Ave. (630)665-7050 WATER METER READING; (DuPage) Carol Stream,IL Finance Dept.; WATER,SEWER AND SUMS 60188-1899 (630)871-6222 to DUE MUST BE PAID; HAS arrange for water LOCAL FORM;COPY OF reading SALES CONTRACT REQUIRED CHANNAHON Buyer $3.00/$1000.00 24441 W.Eames (815)467-5311 WATER READING;SUMS DUE (Grundy) Channahon,IL 60410 MUST BE PAID;HAS LOCAL (will) FORM;ORIGINAL DEED REQUIRED CHICAGO Buyer $3.75/$500.00 121 N.LaSalle St. (312)747-9723 WATER/SEWER BILLS MUST (Cook) Room 107 BE PAID;COMPLIANCE (DuPage) Chicago,IL 60602 W/BUILDING REGISTRATION ORDINANCE; HAS LOCAL FORM;APPLICABLE TO SOME LEASEHOLDS;CERTIFICATE OF ZONING COMPLIANCE REQUIRED AS OF 12/1/97 FOR NON-CONDO RESIDENTIAL RESALES NOTE: While every effort has been made to ensure the accuracy of this chart,the information contained herein is subject to change at any time. The appropriate county or municipality should be contacted for the most current information and requirements.This list is updated twice a year,in February and August.For the most recent on-line listing,go to http://www.cmetro.ctic.com. Page 3of10 44 CHICAGO TITLE INSURANCE COMPANY TRANSFER TAXES - CHICAGO METROPOLITAN AREA O As of August 2,2002 TAXING PRIMARY AMOUNT OF CONTACT TELEPHONE COMMENTS DISTRICT LIABILITY TAX CHICAGO HEIGHTS Seller $4.00/$1000.00 1601 Chicago Road (708)756-5300 WATER BILL MUST BE PAID; (Cook) Chicago Heights,IL INSPECTION REQUIRED;HAS 60411 LOCAL FORM;COPY OF DEED Scariano,Ellch,Himes (312)565-3100 2 Prudential Plaza #3100 Chicago,IL 60601 CICERO Seller $10.00/$1000.00 4937 W.25'"Street (708)656-3600 WATER BILL MUST BE PAID; (Cook) Cicero,IL 60804 Code ORIGINAL DEED AND STATE enforcement AND COUNTY DECLARATIONS dept. AND"BASEMENT/ATTIC AFFIDAVIT"REQUIRED; CERTIFICATE OF COMPLIANCE AND INSPECTION REQUIRED FOR MANY TYPES OF TRANSACTIONS, INCLUDING (ACCORDING TO THE ORDINANCE)A MORTGAGE REFINANCING;HAS LOCAL FORM;$25 FEE FOR EXEMPT STAMP COUNTRY CLUB HILLS Seller $5.00/$1000.00 4200 W.183`'Street (708)798-2616 FINAL WATER READING; (Cook) (minimum of Country Club Hills,IL Clerk's office SUMS DUE MUST BE PAID;NO $50.00) 60478 PERSONAL CHECKS;COPY OF CONTRACT AND DECLARATION REQUIRED; HAS LOCAL FORM COUNTRYSIDE Buyer $50.00/trans. 5550 East Ave. (708)354-7270 WATER,SEWER AND WEED (Cook) Countryside, IL 60525 CUTTING CHARGES MUST BE PAID;RECEIPTS REQUIRED; HAS LOCAL FORM;NO PERSONAL CHECKS; FINAL $20 READING DES PLAINES Seller $2.00/$1000.00 1420 Miner St. (847)391-5382 FINAL WATER READING; (Cook) Suite#301 CODE VIOLATIONS MUST BE Des Plaines, IL 60016 CURED;INSPECTION REQUIRED IF RESIDENTIAL RENTAL;HAS LOCAL FORM; ORIGINAL DEED,SURVEY AND STATE DECLARATION REQUIRED;COPY OF TITLE COMMITMENT REQUIRED;$10 FEE FOR EXEMPT STAMP; PLAT OF SURVEY REQUIRED DOLTON Seller $10.00/trans. 14014 Park Ave. (708)849-4000 WATER BILL MUST BE PAID; (Cook) Dolton,IL 60419 $150 HOUSING INSPECTION FEE BEFORE STAMPS MAY ISSUE;HAS LOCAL FORM;$10 FEE EVEN IF EXEMPT NOTE: While every effort has been made to ensure the accuracy of this chart,the information contained herein is subject to change at any time. The appropriate county or municipality should be contacted for the most current information and requirements.This list is updated twice a year,in February and August.For the most recent on-line listing,go to http://www.cmetro.ctic.com. Page 4 of 10 45 CHICAGO TITLE INSURANCE COMPANY TRANSFER TAXES - CHICAGO METROPOLITAN AREA O As of August 2,2002 TAXING PRIMARY AMOUNT OF CONTACT TELEPHONE COMMENTS DISTRICT LIABILITY TAX EAST HAZEL CREST Buyer $25.00/trans. 1904 W.174"St. (708)798-0213 WATER BILL AND OTHER (Cook) East Hazel Crest, IL SUMS DUE MUST BE PAID; 60429 HAS LOCAL FORM;FINAL WATER READING ELGIN None 150 Dexter Court (847)931-5639 FINAL WATER READING; (cook) Elgin, IL 60120 SUMS DUE MUST BE PAID; (Kane) INSPECTION REQUIRED IF VIOLATIONS EXIST;STAMP REQUIRED; INCLUDES EXEMPT TRANSACTIONS;HAS LOCAL FORM ELK GROVE VILLAGE Seller $3.00/$1000.00 901 Wellington Ave. (847)439-3900 WATER AND SEWER BILLS (Cook) Elk Grove Village,IL MUST BE PAID;FINAL WATER (DuPage) 60007 READING 2-3 DAYS PRIOR TO CLOSING;$10 FEE FOR EXEMPT STAMP;HAS LOCAL FORM;COPY OF DEED AND ILLINOIS DECLARATION REQUIRED ELMHURST Seller $1.50/$1000.00 209 N.York St. (630)530-3000 SUMS DUE MUST BE PAID; (DuPage) Elmhurst,IL 60126 FINAL WATER READING; (cook) INSPECTION REQUIRED; COPY OF SIGNED SALES CONTRACT REQUIRED;HAS LOCAL FORM ELMWOOD PARK Seller $5.00/$1000.00 11 Conti Parkway (708)452-7300 WATER,SEWER AND OTHER (Cook) Elmwood Park, IL BILLS MUST BE PAID;DEED 60707 AND WATER READING REQUIRED;TWO INSPECTIONS REQUIRED; COPY OF DEED AND DECLARATION REQUIRED; HAS LOCAL FORM;$35 FEE FOR EXEMPT STAMP EVANSTON Seller $5.00/$1000.00 2100 Ridge (847)866-2925 WATER BILL MUST BE PAID; (Cook) Evanston, IL 60201 HAS LOCAL FORM EVERGREEN PARK Seller $5.00/$1000.00 9418 S.Kedzie (708)229-8215 FINAL WATER READING; (Cook) (Minimum of Evergreen Park,IL $15.00 HOUSING INSPECTION $100.00) 60805 BEFORE STAMPS MAY ISSUE; HAS LOCAL FORM NOTE: While every effort has been made to ensure the accuracy of this chart,the information contained herein is subject to change at any time. The appropriate county or municipality should be contacted for the most current information and requirements.This list is updated twice a year,in February and August.For the most recent on-line listing,go to http://www.cmetro.ctic.com. Page 5of10 46 CHICAGO TITLE INSURANCE COMPANY TRANSFER TAXES - CHICAGO METROPOLITAN AREA O As of August 2,2002 TAXING PRIMARY AMOUNT OF CONTACT TELEPHONE COMMENTS DISTRICT LIABILITY TAX FRANKLIN PARK Seller Fee for Seal on 9500 W.Belmont Ave. (847)671-8795 ZONING ADMINISTRATOR'S (Cook) Deed: Franklin Park,IL 60131 Building Dept. APPROVAL AND INSPECTION Single-Family- REQUIRED FOR MULTIFAMILY, $25.00 COMMERCIAL AND Two-Family-$40.00 INDUSTRIAL PROPERTIES; Multi-Family- VIOLATIONS DISCLOSED $40.00 plus$10.00 for each unit over 3 MUST BE CORRECTED; Commercial/Industri- ORDER FINAL WATER BILL al-Separate Fee (847-671-8292)AT LEAST 5 Schedule DAYS IN ADVANCE;SUBMIT CURRENT SURVEY AND ORIGINAL DEED TO BUILDING DEPT.AT LEAST 3 DAYS PRIOR TO CLOSING GLEN ELLYN Seller $3.001$1000.00 535 Duane St. (630)469-5000 WATER,SEWER,PARKING (DuPage) (PAYMENT OF TAX Glen Ellyn, IL 60137 Cashier's Dept. TICKETS AND OTHER SUMS MAY BE WAIVED, DUE MUST BE PAID; SALES BUT STAMP CONTRACT OR DEED REQUIRED) REQUIRED;HAS LOCAL FORM GLENDALE HEIGHTS Seller $3.00/$1000.00 300 E.Fullerton (630)260-6000 WATER AND SEWER BILLS (DuPage) Glendale Heights,IL X:333 MUST BE PAID;HAS LOCAL 60139 FORM;$25 FEE FOR EXEMPT STAMP;COPY OF DEED AND DECLARATION REQUIRED GLENWOOD Seller $5.00/$1000.00 1 Asselborn Way (708)753-2400 OCCUPANCY INSPECTION (Cook) Glenwood, IL 60425 REQUIRED($35.00);WATER BILL MUST BE PAID; HAS LOCAL FORM;COPY OF CONTRACT REQUIRED;NO PERSONALCHECKS HANOVER PARK Seller $1.50/$500.00 2121 W.Lake St. (630)-372-4200 SUMS DUE MUST BE PAID; (Cook) Hanover Park, IL 60103 HAS LOCAL FORM;$10 FEE (DuPage) FOR EXEMPT STAMP HARVEY Split Equally $4.00/$1000.00 15320 Broadway (708)210-5300 WATER BILL MUST BE PAID; (Cook) plus$45.00 Harvey,IL 60426 Planning Dept. INSPECTION REQUIRED; Buyer's Expense COPY OF DEED REQUIRED; for Administrative CHARGE FOR EXEMPT Processing Fee STAMP;HAS LOCAL FORM HARWOOD HEIGHTS Buyer $10.00/$1000.00 7343 W.Lawrence Ave. (708)867-7200 WATER BILL MUST BE PAID; (Cook) Harwood Heights,IL INSPECTION REQUIRED($50); 60706 HAS LOCAL FORM;DEED AND ILLINOIS DECLARATION REQUIRED;$50 FEE FOR EXEMPT STAMP HIGHLAND PARK Seller $5.00/$1000.00 1707 St.Johns Ave. (847)432-0800 WATER BILL MUST BE PAID; (Lake) Highland Park,IL 60035 Finance Dept. ORIGINAL DEED REQUIRED FOR EXEMPT ONLY;HAS LOCAL FORM;NO PERSONAL CHECKS NOTE: While every effort has been made to ensure the accuracy of this chart,the information contained herein is subject to change at any time. The appropriate county or municipality should be contacted for the most current information and requirements.This list is updated twice a year,in February and August.For the most recent on-line listing,go to http:Hwww.cmetro.etic.com. Page 6of10 47 CHICAGO TITLE INSURANCE COMPANY TRANSFER TAXES - CHICAGO METROPOLITAN AREA As of August 2,2002 TAXING PRIMARY AMOUNT OF CONTACT TELEPHONE COMMENTS DISTRICT LIABILITY TAX i HIGHWOOD $5.00/$1000.00 17 Highwood Ave. (847)432-1924 THE TRANSFER FEE IS (Lake) Highwood, IL 60040 APPLICABLE FOR TOWN OF FORT SHERIDAN SUBDIVISION;HAS LOCAL FORM;COPY OF DEED REQUIRED,NO PERSONAL CHECKS HILLSIDE Buyer $3.75/$500.00 30 N.Wolf Road (708)449-6450 FINAL WATER READING AND (Cook) Hillside,IL 60162 INSPECTION REQUIRED($20); ORIGINAL ILLINOIS DECLARATION REQUIRED; HAS LOCAL FORM HOFFMAN ESTATES Seller $3.00/$1000.00 1900 Hassell Rd. (847)882-9100 WATER BILL MUST BE PAID; (Cook) Hoffman Estates,IL HAS LOCAL FORM;ILLINOIS 60195 DECLARATION REQUIRED;$10 FEE AND COPY OF DEED FOR EXEMPT STAMP JOLIET Seller $3.00/$1000.00 150 W.Jefferson (815)724-3902 RESIDENTIAL TRANSFER (Kendall) Joliet, IL 60432 INFORMATIONAND (Will) DISCLOSURE FORM REQUIRED BEFORE CONTRACT ENTERED INTO IF RESIDENTIAL(SINGLE FAMILY,CONDOMINIUM OR TOWNHOME);SIGNED FORM REQUIRED FOR PURCHASE OF STAMPS;SUMS DUE MUST BE PAID;FINAL WATER READING;ORIGINAL DEED REQUIRED;HAS LOCAL FORMS LINCOLNSHIRE Buyer $3.00/$1000.00 1 Olde Halfday Road (847)883-8600 WATER BILL MUST BE PAID; (Lake) Lincolnshire, IL 60069 COPY OF ILLINOIS DECLARATION REQUIRED Klein,Thorpe&Jenkins (312)984-6400 20 N.Wacker Dr.#1660 Chicago,IL 60606 MAYWOOD Seller $4.00/$1000.00 40 E.Madison Plaza (708)450-4405 WATER BILL MUST BE PAID; (Cook) Maywood,IL 60153 Clerk's Office INSPECTION AND ORIGINAL DEED REQUIRED;HAS LOCAL FORM MCCOOK Seller $5.00/$1000.00 5000 Glencoe Ave. (708)447-9030 WATER BILL MUST BE PAID; (Cook) (Minimum of McCook,IL 60525 CHARGE FOR SOME $100.00) EXEMPTIONS;APPLICABLE TO SOME LEASEHOLDS;HAS LOCAL FORM;ORIGINAL DEED;RESIDENTIAL BUILDING INSPECTION NOTE: While every effort has been made to ensure the accuracy of this chart,the information contained herein is subject to change at any time. The appropriate county or municipality should be contacted for the most current information and requirements.This list is updated twice a year,in February and August.For the most recent on-line listing,go to http://www.cmetro.etic.com. Page 7of10 48 CHICAGO TITLE INSURANCE COMPANY TRANSFER TAXES - CHICAGO METROPOLITAN AREA ® As of August 2,2002 TAXING PRIMARY AMOUNT OF CONTACT TELEPHONE COMMENTS DISTRICT LIABILITY TAX MELROSE PARK None 1000 N.25th St. 708-343-4000 VILLAGE INSPECTION (cook) Melrose Park,IL 60160 x:28 REQUIRED;FEES:$75.00 AND UP;ALLOW 2 WEEKS METTAWA Buyer $5.00/$1000.00 1000 Allanson Road (847)949-4015 ORIGINAL DEED OR (Lake) Mundelein, IL 60060 FACSIMILE ABI REQUIRED; HAS LOCAL FORM MORTON GROVE Seller $3.00/$1000.00 6101 Capulina St. (847)965-4100 WATER AND SEWER BILLS (cook) Morton Grove, IL 60053 MUST BE PAID;HAS LOCAL FORM;COPY OF ILLINOIS DECLARATION AND SALES CONTRACT REQUIRED;NO PERSONALCHECKS; WARRANTY DEED MOUNT PROSPECT Buyer $3.00/$1000.00 100 S.Emerson (847)392-6000 WATER AND SEWER BILLS (cook) Mt.Prospect, IL 60056 MUST BE PAID;VIOLATIONS OF PROPERTY MAINTENANCE Pedersen&Houpt (312)641-6888 CODE MUST BE RESOLVED; 161 N.Clark,#3100 HAS LOCAL FORM,COPY OF Chicago,IL 60601 ILLINOIS DECLARATION REQUIRED NAPERVILLE Buyer $1.50/$500.00 400 S.Eagle St. (630)420-6059 HAS LOCAL FORM; (DuPage) P.O.Box 3020 CERTIFICATE REQUIRED FOR (win) Naperville, IL 60566 EXEMPTION;IF NON- RESIDENTIAL,CITY REQUIRES ALL UTILITY BILLS TO BE PAID (INCLUDING A FINAL PRO- RATED BILL);COPY OF CONTRACT NILES Buyer $3.00/$1000.00 1000 Civic Center Dr. (847)588-8000 WATER BILL MUST BE PAID; (Cook) Niles, IL 60714 INSPECTION REQUIRED;REAL ESTATE CONTRACT REQUIRED;HAS LOCAL FORM NORRIDGE 4000 N.Alcott (708)453-0800 $25 FEE AND INSPECTION (cook) Norridge, IL 60706 REQUIRED BEFORE "TRANSFER CERTIFICATE" MAYISSUE NORTH CHICAGO Buyer $5.00/$1000.00 1850 Lewis Ave. (847)596-8625 WATER BILL MUST BE PAID; (Lake) North Chicago, IL 60064 CERTIFICATE FROM BUILDING COMMISSIONER REQUIRED; COPY OF CONTRACT REQUIRED;HAS LOCAL FORM; NO PERSONAL CHECKS OAK LAWN Seller $5.00/$1000.00 9446 Raymond (708)499-7761 WATER BILL MUST BE PAID; (Cook) Oak Lawn,IL 60453 Finance Dept. HAS LOCAL FORM;NO Klein,Thorpe&Jenkins (312)984-6400 PERSONAL CHECKS 20 N.Wacker Dr.#1660 Chicago,IL 60606 NOTE: While every effort has been made to ensure the accuracy of this chart,the information contained herein is subject to change at any time. The appropriate county or municipality should be contacted for the most current information and requirements.This list is updated twice a year,in February and August.For the most recent on-line listing,go to http://www.cmetro.ctic.com. Page 8 of 10 49 CHICAGO TITLE INSURANCE COMPANY TRANSFER TAXES - CHICAGO METROPOLITAN AREA As of August 2,2002 TAXING PRIMARY AMOUNT OF CONTACT TELEPHONE COMMENTS DISTRICT LIABILITY TAX OAK PARK Seller $8.00/$1000.00 123 Madison St. (708)358-5675 FINAL WATER AND SEWER (Cook) Oak Park, IL 60302 Vernell READING; INSPECTION Henderson REQUIRED IF 4+UNITS;HAS LOCAL FORM;COPY OF CONTRACT OR ILLINOIS DECLARATION REQUIRED PARK FOREST Seller $5.00/$1000.00 350 Victory Drive (708)748-1112 SUMS DUE MUST BE PAID; (Cook) Park Forest,IL 60466 INSPECTION REQUIRED;HAS (Will) LOCAL FORM;$15 FEE FOR EXEMPTIONS PARK RIDGE Seller $2.00/$1000.00 505 Butler Place (847)318-5289 WATER BILL MUST BE PAID; (Cook) Park Ridge, IL 60068 ZONING INSPECTION REQUIRED;HAS LOCAL FORM POSEN None 2440 W.Walter Zimny (708)385-0139 ORDINANCE REQUIRES (Cook) Drive NOTICE TO VILLAGE CLERK Posen,IL 60469 OF INTENT TO SELL ANY RESIDENTIAL PROPERTY, VILLAGE INSPECTION AND CERTIFICATE OF COMPLIANCE RIVER FOREST Seller $0.50/$1000.00 400 Park Avenue (708)366-8500 WATER READING REQUIRED; (Cook) River Forest,IL 60305 INSPECTION REQUIRED;HAS LOCAL FORM;ZONING INSPECTION RIVER GROVE Seller $50.00/trans.If 2621 N.Thatcher Ave. (708)453-8000 WATER BILL AND OTHER (Cook) single family; River Grove, IL 60171 Building Dept. OBLIGATIONS MUST BE PAID; $25.00 plus COPY OF DEED REQUIRED $25.00 for each unit if apt.bldg.; $100.00 other properties ROLLING MEADOWS Seller $3.00/$1000.00 3600 Kirchoff (847)394-8500 WATER AND SEWER BILLS (Cook) Rolling Meadows,IL MUST BE PAID;COPY OF 60008 DEED AND ILLINOIS DECLARATION REQUIRED; HAS LOCAL FORM;FEE FOR EXEMPT STAMP SCHAUMBURG Seller $1.00/$1000.00 101 Schaumburg Ct. (847)895-4500 WATER BILL MUST BE PAID; (Cook) Schaumburg, IL 60193 COPY OF ILLINOIS (DuPage) DECLARATION REQUIRED, HAS LOCAL FORM;$10 FEE FOR EXEMPT STAMP SKOKIE Seller $3.00/$1000.00 5127 Oakton (847)673-0500 WATER BILL MUST BE PAID; (Cook) Skokie,IL 60077 HAS LOCAL FORM;$15 FEE FOR EXEMPT STAMP Elaine Jacobson (312)263-7377 33 N.LaSalle,#2131 Chicago,IL 60602 NOTE: While every effort has been made to ensure the accuracy of this chart,the information contained herein is subject to change at any time. The appropriate county or municipality should be contacted for the most current information and requirements.This list is updated twice a year,in February and August.For the most recent on-line listing,go to http://www.cmetro.ctic.com. 50 Page 9 of 10 CHICAGO TITLE INSURANCE COMPANY TRANSFER TAXES - CHICAGO METROPOLITAN AREA As of August 2,2002 TAXING PRIMARY AMOUNT OF CONTACT TELEPHONE COMMENTS DISTRICT LIABILITY TAX STICKNEY Seller $5.00/$1000.00 6533 W.Pershing Rd. (708)749-4400 FINAL WATER READING; (cook) Stickney, IL ORIGINAL DEED AND STATE 60402-4018 AND COUNTY DECLARATIONS AND COPY OF CONTRACT REQUIRED;HAS LOCAL FORM; NO PERSONAL CHECKS;$25 FEE FOR EXEMPT STAMP STONE PARK Seller $2.00/$500.00 1629 N.Mannheim (708)345-5550 FINAL WATER READING; (cook) Stone Park,IL 60165 HOUSING INSPECTION REQUIRED($50 PER RESIDENCE);ILLINOIS DECLARATION FORM REQUIRED STREAMWOOD Seller $3.00/$1000.00 301 E. Irving Park (630)837-0200 WATER BILL MUST BE PAID; (Cook) Streamwood, IL 60107 Finance Dept. HAS LOCAL FORM;COPY OF ILLINOIS DECLARATION REQUIRED;$10 FEE FOR EXEMPT STAMP UNIVERSITY PARK Seller $1.00/$1000.00 698 Burnham Drive (708)534-6451 ALL SUMS DUE MUST BE PAID; (Cook) University Park,IL INSPECTION REQUIRED($250, (will) 60466 NO PERSONAL CHECKS);HAS LOCAL FORM WESTCHESTER Seller $50.00/trans. 10300 Roosevelt Road (708)345-0020 FINAL WATER READING; (Cook) Westchester, IL 60154 $75.00 HOME INSPECTION; ORIGINAL DEED REQUIRED; STAMP,ALSO REQUIRED BY THE RECORDER'S OFFICE TO RECORD DEED WHEATON Buyer $2.50/$1000.00 303 W.Wesley (630)260-2027 WATER AND BILL MUST BE (DuPage) Wheaton,IL 60187 PAID;COPY OF CONTRACT OR STATE DECLARATION REQUIRED; HAS LOCAL FORM WILMETTE Buyer $3.00/$1000.00 1200 Wilmette Ave. (847)251-2700 WATER BILL AND OTHER (cook) Wilmette,IL 60091 X:7610 INVOICES MUST BE PAID;HAS LOCAL FORM WOODRIDGE Seller $2.50/$1000.00 5 Plaza Drive (630)852-7000 WATER READING REQUIRED; (DuPage) Woodridge,IL 60517 $75 OR AVERAGE OF LAST 2 (Will) BILLS DEPOSIT TOWARDS FINAL WATER BILL;DEED AND STATE DECLARATION REQUIRED;HAS LOCAL FORM WORTH None 7112 W.111th St. (708)448-1181 NO FEE;NEED CERTIFICATE (Cook) Worth,IL 60482 OF PAYMENT FOR WATER AND SEWER-$20.00 FEE NOTE: While every effort has been made to ensure the accuracy of this chart,the information contained herein is subject to change at any time. The appropriate county or municipality should be contacted for the most current information and requirements.This list is updated twice a year,in February and August.For the most recent on-line listing,go to http://www.cmetro.ctic.com. Page 10 of 10 51 CHICAGO TITLE INSURANCE COMPANY TRANSFER TAXES - CHICAGO METROPOLITAN AREA ® As of August 2,2002 TAXING PRIMARY AMOUNT OF CONTACT TELEPHONE COMMENTS DISTRICT LIABILITY TAX STATE ILLINOIS Either party/ $0.50/$500.00 County Recorder's Office (see below) SEE 35 ILCS 200/31-1 ET SEQ. Seller customary (see below) COUNTIES COOK Seller $0.25/$500.00 Cook County Recorder (312)603-5050 HAS ITS OWN DECLARATION 118 N.Clark St.,#120 FORM Chicago,IL 60602 DEKALB Either party/ $0.25/$500.00 DeKalb County Recorder (815)895-7156 USE STATE DECLARATION Seller customary 110 E.Sycamore St. FORM Sycamore, IL 60178 DUPAGE Either party/ $0.251$500.00 DuPage County Recorder (630)682-7200 USE STATE DECLARATION Seller customary 421 N.County Farm Road FORM Wheaton,IL 60187 KANE Either party/ $0.25/$500.00 Kane County Recorder (630)232-5935 USE STATE DECLARATION Seller customary 719 S.Batavia Ave.Bldg C FORM Geneva,IL 60134 KENDALL Either party/ $0.25/$500.00 Kendall County Recorder (630)553-4112 USE STATE DECLARATION Seller customary 111 W.Fox St. FORM Yorkville,IL 60560 LAKE Either party/ $0.25/$500.00 Lake County Recorder (847)360-6673 USE STATE DECLARATION Seller customary 18 N.County St. FORM Waukegan,IL 60085 MCHENRY Either party/ $0.25/$500.00 McHenry County Recorder (815)334-4110 USE STATE DECLARATION Seller customary 2200 N.Seminary Ave. (815)338-2040 FORM Woodstock,IL 60098 x: 115 ROCKFORD Either party/ $1.50/$1000.00 Rockford County Recorder 815-987-3100 USE STATE DECLARATION Seller customary 404 Elm St. FORM Rockford,IL 61101 WILL Either party/ $0.25/$500.00 Will County Recorder (815)740-4637 USE STATE DECLARATION Seller customary 58 E.Clinton FORM Suite 100 Joliet,IL 60432 NOTE: While every effort has been made to ensure the accuracy of this chart,the information contained herein is subject to change at any time. The appropriate county or municipality should be contacted for the most current information and requirements.This list is updated twice a year,in February and August.For the most recent on-line listing,go to http://www.cmetro.ctic.com. Page 1 of 10 52 Appendix G Sales Tax Assumptions and Calculations The second table on page 9 of the report, which contains estimates of the percentage of sales tax paid by Galena residents versus that paid by visitors to Galena, relied on the calculations and assumptions shown here: 1. The Report of Sales Tax Receipts by Standard Industrial Classification for the liability periods of January 01, 2002 through December 31,2002 which were collected in February 01, 2002 through January 31, 2003 shows that Galena's total 1% Municipal Sales Tax collected was $753,449.92 or$753,450(rounding to the nearest 10). This amount includes the general sales tax collected AND the 1% collected on "food, drugs and medical appliances". Home rule sales taxes would only apply to the general sales tax items. The Galena Municipal Tax total MINUS the 1% "food, drugs and medical appliances" was calculated by dividing the State's 5% total sales tax (which does NOT include"food, drugs and medical appliances")by 5($3,140,666.08/5=$628,133.22). This means that Galena collected 1% Sales Tax of$628,130(rounding to the nearest ten) and 1% tax on"food, drugs and medical appliances" of$125,316.70, or$125,320($628,130+ $125,320= $753,450). 2. The $453,130 figure shown in the second table on page 9 for"Sales Tax Revenue Collected" was calculated by subtracting the $145,000 dedicated to the TIF District from the $628,130 1% Municipal Sales Tax($628,130- $145,000= $483,130). 3. An estimate of the percentages of 1% sales tax paid by Galena residents and that paid by visitors was looked at in two ways, and the most conservative estimate was used in the table: a. A comparison was made between the per capita amount of 1% municipal sales tax collected within the state as a whole($1,310,495,467.89/2000 state municipal population of 10,749,236= $121.92 per person) versus that collected within Galena ($753,449.92/2000 pop. 3,460 = $217.76 per person). Galena collected $95.84 more per person than the state's municipalities as a whole did. Assuming that the additional revenue above the state's municipal per capita rate was generated by visitors to Galena, one can say that$331,606.40($95.84/person x 3,460 people = $331,606.40)or 44% of the 1% sales tax (including that paid on"food, drugs and medical appliances") was paid by visitors, while 56% was paid by Galena residents. b. Another approach involves comparing Galena with a community of similar size that does not have a tourism economy. The City of Fulton(in Whiteside County) has a population of 3,881. Fulton collected $212,664.44 from the 1% Municipal Sales Tax for a total of$54.80 per capita. Galena collected $162.96 more per capita than Fulton did($217.76- $54.80= $162.96). Assuming that the additional revenue above Fulton's per capita rate was generated by visitors to Galena, one can say that$563,841.60 ($162.96/person x 3,460 people = $563,841.60) or 75% of the 1% sales tax(including that paid on"food, drugs and medical appliances") was paid by visitors, while 25% was paid by Galena residents. 40 The table on page 13 of the report, which contains estimates of the percentage of the "Drinking and Eating Places" portion of the sales tax paid by Galena residents versus that paid by visitors to Galena, relied on the calculations and assumptions shown here: 1. The Report of Sales Tax Receipts by Standard Industrial Classification for the liability periods of January 01,2002 through December 31, 2002 which were collected in Februga 01, 2002 through January 31, 2003 shows that Galena's total 1% Municipal Sales Tax collected by businesses in the category "Drinking and Eating Places" was $136,992.39. 2. An estimate of the percentages of "Drinking and Eating Places" sales tax paid by Galena residents and that paid by visitors was looked at in two ways, and the most conservative estimate was used in the table: a. A comparison was made between the per capita amount of"Drinking and Eating Places" municipal sales tax collected within the state's municipalities as a whole ($132,110,390.71/2000 state municipal population of 10,749,236= $12.29 per person) versus that collected within Galena($136,992.39/2000 pop. 3,460= $39.59 per person). Galena collected $27.30 more per person than the state's municipalities as a whole did. Assuming that the additional revenue above the state's per capita rate was generated by visitors to Galena, one can say that$94,458($27.30/person x 3,460 people= $94,458) or 69% of the I% "Drinking and Eating Places" sales tax was paid by visitors while 31% was paid by Galena residents. b. Another approach involves comparing Galena with a community of similar size that does not have a tourism economy. The City of Fulton(in Whiteside County)has a population of 3,881. Fulton collected $13,147.10 from the 1% "Drinking and Eating Places"Municipal Sales Tax for a total of$3.39 per capita. Galena collected $36.20 more per capita than Fulton did($39.59- $3.39= $36.20). Assuming that the additional revenue above Fulton's per capita rate was generated by visitors to Galena, one can say that$125,252 ($36.20/person x 3,460 people= $125,252) or 91% of the 1% "Drinking and Eating Places" sales tax was paid by visitors, while 9% was paid by Galena residents. 41 Appendix H Galena Properties Paying Hotel Motel Tax 1. Abby's High Street 25. Helmann 2. Abe's Spring Street 26. Irish Cottage Hotel 3. Abigail's Honeymoon Cottage 27. John Henry Guest House 4. Aldrich Guest House 28. Logan House 5. Allens' Bedford Guest House 29. Main Street Inn 6. Allens' Ryan Mansion 30. Palace Campground 7. Annie Wiggins Guest House 31. Park Avenue Guest House 8. Anna's Snoop Sister's Inn 32. Queen Anne Guest House 9. Avery Guest House 33. Renaissance Suites 10. Best Western Quiet House 34. Steamboat House 11. Mars Avenue Guest House 35. Stillman Inn 12. Briar Wreath Guest House 36. Stoney Creek 13. Captain Gear Guest House 37. Triangle Motel 14. Captain Harris Guest House 38. Victorian Mansion 15. Carry's Vintage Inn 39. Victorian Pines 16. Cloran Mansian Guest House 17. Country Inn & Suites 18. Desoto Hotel 19. DeZoya Guest House 20. Farmers Guest House 21. Felt Manor 22. Gallery Guest St;dio 60 rf?, 23. Grandview 24. Green Briar 42 Legal Q & A By BETH ANNE JANICKI, Chief Legal Counsel, IML and LORI ANN'VERKUILEN, Paralegal,IML This monthly column examines issues of general concern to municipal officials. It is not meant to provide legal advice and is not a substitute for consulting with your municipal attorney. As always, when confionted with a legal question, it is essential to contact your municipal attorney as certain unique circumstances may alter any conclusions reached herein. Q: R'hat is "Home Rule"and is it the greatest thing since kissing? A: Many times when the League is contacted by an elected official with a question regarding municipal authority, the first question we must ask in response is: "are you a home rule unit?" Surprisingly, the answer we fiequently receive is "I'm not sure" or "I don't really know." If you happen to be one of those officials who is not very clear on the concept of home rule, don't feel bad. Very few individuals fully understand the concept of home rule, which after much interpretation and construction by Illinois courts has become somewhat of an elusive concept. This article is intended to provide a brief overview of the home rule provisions contained in the Illinois Constitution of 1970 and what they have come to mean to Illinois municipalities. Specific questions regarding the extent of home rile authority should be directed to your municipal attorney. Black's Law Dictionary defines "home rule"as: State Constitutional provision or type of legislative action which results in apportioning power between state and local government by providing local cities and towns with a measure of self-government if such local government accepts terms of the state legislation.[1] From the above-cited definition, one can clearly identify what the goal of home rile is -- "self-government." Home rule is a term which was given to a concept created to provide units of local government with an increased means of local control. The theory behind home rule was that some problems are inherently local in nature and, thus, are better dealt with at the local level since a "one-size fits all" state legislative solution couldn't possibly foresee problems which are uniquely local in nature. The creation of home rile was triggered by the increasing urbanization and complexity of society. As municipalities became larger and less rural, they desired governmental independence and the ability to deal with local problems at the local level. What home rule does is to reverse what is commonly known as "Dillon's Rule."[2] "Dillon's Rule" stands for the proposition that in order for a municipality to be able to act or legislate in a given area, it must point to statutory authority to act or its actions must be necessarily implied fi-om a given statute. Thus,prior to home rule, municipalities had to point to a specific statute in order to act. Today, forty states have some form of home rule. Thirty states have home rule granted by their State Constitution and the others have a form of statutory home rule authority. In Illinois, we have home rile pursuant to the Illinois Constitution of 1970.[3] Home rule in Illinois, however, was an uphill battle and took almost 50 years to achieve. At a. 1969 IML Newly Elected Officials Seminar, a prominent municipal attorney accurately reflected upon the feelings present in the municipal community at the time of the Constitutional Convention wherein home rile was quite a hot topic: Someone asked me this afternoon, `what is home rule?' I can well understand the amazement of a public official attending a League meeting for the first time. Every speaker says how wouderfiil home rule would be but no one will tell hire what it is. It roust,however,be the greatest thing since kissing.` Home rule' is basically the power of municipalities to have the say-so over matters of local concern and importance. However, Illinois municipalities today are fiustrated at every step of their orderly development by this lack of power. Every move they make must be governed by state laws which were drafted to fit 1260 immicipalities and which fit any particular one worse than army fatigues. What we need-- and what the Constitutional convention can give us- is the power to legislate in those areas where a decision made in the Village of Oak Park by the trustees of Oak Park will be better or more fitting than one made in Springfield. The question asked this afternoon was whether home rule would mean 1200 independent kingdoms afloat in a sea of chaos. One might ask whether the current situation of 1200 municipalities bound hand and foot swaying plaintively in the direction of Springfield is any better. Luckily, however, we need not choose one or the other. Thirty-five (35) states now have home rule in one form or another. Home rile works. Reading the municipal laws of this state causes one to wonder why we are willing to continue to put up with so many outdated provisions; why we refuse to mold our government to present-day needs and realities; why we fear change and refuse to experiment with our legislative tools as though to change would be to enslave us forever. This willingness to only patch, tinker, or evade legislative session after legislative session, is a sad commentary on our political initiative, our resourcefulness and our willingness to bust our democratic concept of government. In short, the archaic condition of our Constitution need not stampede us into home rule; yet how sad for us all if we should pale at the challenge.[4] Opponents of home rile were mainly smaller communities who believed that it was merely a means of providing more power to the already powerful larger communities. Eventually, these opponents came to realize that all municipal needs could not be met by the General Assembly and home rule became effective on July 1, 1971 (the effective date of the Illinois Constitution of 1970). On that date, 60 municipalities and one county (Cook) became home rule. Currently, there are 139 municipalities and one county (Cook) that are home rile. Presently over 70%of the population of our state resides in a home rule unit of government_ Now that you are aware of what home rule means, you might ask how is the status of home rile conveyed upon a municipality? There are two ways to become a home rule unit. The first is by population. Any municipality with a population over 25,000 automatically attains home rule status. The second method is by referendums which can be initiated either by resolution of the governing body or by a petition signed by 10% of the voters in the last election.[5] These referenda can be attempted only once evert 23 months.[6] An important thing to remember is that once home rile status is attained, a municipality is not forever bound to remain home rule. Home rile status can be lost via referendum. If this does happen, any home rule ordinances previously enacted remain effective.[7] Moreover, an election to change from home rule to non- home rile can only be held once every 47 months.[8] A decrease in population has no effect on the status of a municipality which has already achieved home rule automatically by population. However, the municipal clerk is required to certify the question for submission to the voters of whether home rule status should be retained within two calendar years after the population decrease is discovered unless such a referenduun is held sooner or a referendum has been held within two calendar years preceeding the year wherein the decrease in population was discovered.[9] Once home rule status has been attained,what can a home rule unit do?The general grant of home rule authority provides: ... a hoine rule unit may exercise any power and perform any function relating to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare, to license; to tax and to incur debt.[10] What do we learn from the above language? Fist, a home rule unit can act on matters which relate to its "government and affairs" or in other words, it must act on matters which relate to its own problems and not those of the state or nation. This is an area where courts have had a significant hand in the interpretation of what constitutes a matter pertaining to "gover7nrnent and affairs." For example, an ordinance banning the possession of handguns was found to pertain to the government and affairs of a municipality.[11] The Illinois Supreme Court stated: Villages have an obvious interest not only in reducing premeditated crime within their boundaries but also in miniinizing the effects of domestic violence or spontaneous quarrels. They also have an interest in reducing the possibility of serious accidents resulting from the accessibility to children of attractive but dangerous instrlunentalities such as handguns.[12] On the other hand, a home rile noise control ordinance was found to be unrelated to the municipality's government and affairs because, according to the Illinois Supreme Court, noise control is a matter requiring regional, if not statewide, standards and controls since it extends far beyond its source.[13] Pursuant to the general home rule grant of authority, a home rule unit may also take actions which protect the public health, safety,morals and welfare. This would include, but is not limited to, areas such as sanitation, nuisance, zoning and building. For example, an ordinance banning pay toilets in public places was upheld as a proper exercise of home rule police power.[14] The public health aspects of such an ordinance are clear. Moreover, an ordinance concerning unlocked and unattended motor vehicles in a public place with the motor running was also upheld as proper.[15] One can easily see the public safety benefits of such an ordinance. Home rule units are also granted broad licensing power under the constitution. Unless prohibited by law, home rule units can license anything as long as it is related to the good of the general public. Licensing merely as a means of revenue generation, however, is prohibited. This means that if a home rile unit is going to license, there must be some concurrent degree of regulation or supervision along with the licensing. License fees may be charged, but these must reasonably relate to the cost of enforcement.[16] Except where limited by statute, home rule units have broad general taxing power. However, home tale units have only the power provided by law to impose taxes upon or measured by income or earnings or upon occupations. For example, a City of Chicago cigarette tax was upheld against the argument that it was an occupation tax on tobacco sellers. The tax was seen as being unposed upon the transaction of the sale of tobacco and not on the seller.[17] However, an ordinance imposing an amusement tax on racquet and fitness clubs which was collected by club operators was found to be an unlawfiil occupation tax.[18] A home rile unit, unless limited by the General Assembly, also has a somewhat unlimited ability to incur debt.[19] The only limit is that debt payable fiom property taxes must mature within 45 years. Finally, a home rule unit may alter, adopt or repeal a form of goverument provided by law or it may provide for its officers. their manner of selection and term of office via referendum.[20] Pursuant to the Illinois Constitution, home rule units specifically may not define and provide for the punishment of a felony or imprison for more than b months.[21] The drafters of the Illinois Constitution also provided a "legislative escape value" in the form of home rule preemption.[22] This is a method by which the General Assembly can declare something exclusively within the authority of the State, may declare that a home rile unit may act concurrently with the State, or they can completely deny or limit a home rile power or fumction. It is important to remember that legislative preemption is different than a matter which is not a proper exercise of home rule powers. Legislative preemption involves matters which are likely within a home rule unit's authority but the General Assembly has determined that home rule units should not act within the specific area. An additional type of preemption has become quite common although it is not provided for in the Constitution. The General Assembly sometimes fmds it necessary to preempt all home rule units except the City of Chicago. This type of preemption, sometimes called partial preemption, has been upheld by the Illinois Supreme Court.[23] Home rile preemptions have become very common in the Illinois General Assembly. Sometimes home rule preemptions are placed into legislation which deals with areas where many home rule units do not even exercise their powers and with absolutely no showing of abuse by home rule units. Municipalities, whether home rule or not,must continue to vow to preserve the grant of local control provided in the Constitution of 1970 and linut the increasing nuinber of legislative preemptions. In conclusion, one might ask "what are some compelling reasons in favor of or against home rule?" Some arguments in favor are that home rule provides greater flexibility to tailor local solutions to local problems, it provides more autonomy because since reliance on express authority of the General Assembly will be decreased: home vile provides the ability to create a more satisfied community because of broad health, safety and welfare powers; and, finally, it provides the ability for a larger revenue base to provide new services and keep property taxes lower. As far as arguments against home vile go, there aren't very many. Is home nude the greatest thing since kissing? Depending upon who you are kissing, it's probably a close call. NOTES 1. Black's Law Dictionary 733(6th ed.1990).2. Dillon's nrle was enunciated by Iowa Supreme Court Justice John F. Dillon in City of Clinton v. Cedar Rapids and Missouri River Railroad.3. Ill. Const. 1970,Art. VII, §6. 4. Home Rule and The Illmois Constitutional Convention, Ancel, Louis, 1969 IM.. Conference for Newly Elected Officials. 5. Ill. Const. 1970,Art.VII, §6(a). 6. 10 ILLS 5/28-7. Royal Liquor Mart v. City of Rockford, 133 Ill. App. 868, 479 N.E. 2d 485, 88 Ill. Dec. 872 (2d Dist. 1985). 8. 10 ILCS 5/28-7. 9. 65 ILCS 5/1-1-9. 10. Ill Const. 1970,Art.VII, §6(a). 11. Kalodimos v. Village of Morton Grove, 103 M. 2d 483, 470 N.E. 2d 266, 83 Ill. Dec. 308 (1984). 12. Id at 503-504. 13. City of Des Plaines v. Chicago and Northwestern Railway 65 Ill. 2d 1, 357 N.E. 2d 433, 2 M. Dec.266(1976). 14. Greyhound Lines. Inc. v. City of Chicago, 24 Ill. App. 3d 718, 321 N.E. 2d 293. (1st Dist. 1974). 15. Ruyle v.Reynolds, 43 Ill.App. 3d 905, 357,N.E. 2d 804,2 Ill. Dec. 584 (4th Dist. 1976). 16. A & H Vending Services, Inc. v. Village of Schaumburg, 168 Ill. App. 3d 61, 522 N.E. 2d 188, 118 Ill. Dec. 733 (1st Dist. 1988), (an ordinance licensing vending machines with a 5 to 1 ratio of fees to the cost of enforcement was upheld); but see Quad Canteen Service Corp. v. Ruzak, 85 Ill. App. 3d 256, 406 N.E. 2d 616, 40 M. Dec. 610. (2d Dist. 1980), (a 10 to 1 ratio of fees to cost of enforcement of vending machine licensing ordinance was unconstitutional). 17. Bloom v. Korshak,(1972) 52 Ill. 2d 56, 284 N.E.2d 257. 18. Chicago Health Clubs v. Picu r, 124 Ill.2d 1, 528 N.E. 2d 978, 124 Ill. Dec. 87 (1988). 19. Ill.Const. 1970 Art.VII, §6(k)provides: (k) the General Assembly may limit by law the amount and require referendumu approval of debt to be incurred by home rile municipalities, payable from ad valorem property tax receipts, only in excess of the following percentages of the assessed value of its taxable property: (1) if its population is 500,000 or more, an aggregate of three percent; (2) if its population is more than 25,000 and less than 500,000, an aggregate of one percent; and (3) if its population is 25,000 or less, an aggregate of one-half percent. Indebtedness which is outstanding on the effective date of this Constitution or which is thereafter approved by referendum or assumed from another unit of local government shall not be included in the foregoing percentage amounts. 20. A home Wile ordinance which removed the mayor's power to appoint officers by converting those offices into employments was found improper since it changed an integral part of the form or structure of the government. Thus a referendinn was necessary. Pechous v. Slawko, 64111. 2d 576, 357 N.E. 2d 1144,2 Ill.Dec. 701 (1976).21. Ill. Const.Art.VII, §6(e). 22. Ill_Const.Art.VII, §6(g)(h)(i). 23.Nevitt v. Landelder, 157 Ill. 2d 116, 623 N.E. 2d 281, 191111. Dec. 36(1993). r MOSS AND BLOOMBERG, LTD. Merged with Tressler, Soderstrom, Maloney & Priess Attorneys and Counselors at Law Barry L. Moss 305 W.Briarcliff Road Steven P. Bloomberg P. O.Box 1158 George A. Marchetti Bolingbrook, IL 60440-0858 David J. Freeman Telephone(630)759-0800 James S. Boan Telecopier(630)759-8504 James P.Arrigo Lara A. Anderson www.tsmp.com HOME RULE—ITS HISTORY AND EFFECT Presentation by Barry L. Moss ILLINOIS MUNICIPAL LEAGUE 92nd Annual Conference September 22-25 2005 Hilton Chicago Hotel Chicago, Illinois f MOSS AND BLOOMBERG, LTD. Merged with Tressler, Soderstrom, Maloney & Priess Attorneys and Counselors at Law Barry L. Moss 305 W. Briarcliff Road Steven P. Bloomberg P. 0.Box 1158 George A. Marchetti Bolingbrook, IL 60440-0858 David J. Freeman Telephone(630)759-0800 James S. Boan Telecopier(630)759-8504 James P.Arrigo Lara A.Anderson www.tsmp.com HOME RULE—ITS HISTORY AND EFFECT I. DILLON'S RULE A. Prior to the adoption of the 1970 Illinois Constitution, the powers of municipalities were circumscribed by "Dillon's Rule," which states: It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and not others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation. 1 John F. Dillon, MUNICIPAL CORPORATIONS §237, pp. 448-449 (5`h ed. 1911). People ex rel. Ryan v. Village of Hanover Parr 311 I11.App.3d 515, 742 N.E.2d 132, 243 Il1.Dec. 823 (1999). B. Non-home rule units still operate under the restrictions of Dillon's Rule. Without statutory authority to act, the municipality is foreclosed from acting at all. C. Governmental powers are narrowly construed under Dillon's Rule, with any doubt being resolved against the exercise of such power. Ives v. City of Chicago, 30 I11.2d 582, 198 N.E.2d 518 (1964). D. Dillon's Rule is rooted in the popular belief that local governmental legislators are prone to abuse their power to tax. Prior to the 1970 constitution, property tax limitations had reached a point at which they were so overlapping and confusing that they were barely capable of judicial interpretation, sometimes leading to implementation in an arbitrary and capricious fashion. Indeed, Illinois students of local government routinely attribute Illinois' unusually large number of local governments to the need to evade statutory restrictions on municipal taxing powers so that services demanded by the public could be provided. Banovetz, "Illinois Home Rule: A Case Study in Fiscal Responsibility," Journal of Regional Analysis and Policy, 32, p. 79 (2002). E. Despite the state's history of local government distrust, especially fears of unbridled property tax increases, home rule efforts ultimately proved successful when voters approved the 1970 Illinois Constitution. That constitution provided Illinois cities and villages with an optional home rule system that William N. Cassella of the National Civic League has called "the most advanced form [of government] as far as a flexible power system is concerned." Banovetz, supra. II. CONSTITUTIONAL HOME RULE POWERS A. Article VII, §6(a) of the 1970 Illinois Constitution provides as follows: (a) A County which has a chief executive officer elected by the electors of the county and any municipality which has a population of more than 25,000 are home rule units. Other municipalities may elect by referendum to become home rule units. Except as limited by this Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt. B. This is the basic grant of constitutional home rule powers. It expressly states that a home rule unit may exercise any power pertaining to its government and affairs. 2 Moreover, Section 6(m) states that, "Powers and functions of home rule units shall be liberally construed." This language was intended to reduce the likelihood of narrow judicial interpretations of home rule powers, which were intended by the drafters to be very expansive. C. Indeed, the drafters of Article VII, ' 6, of the Illinois constitution clearly expressed their intent to reverse the traditional application of Dillon's Rule. During the course of the 1970 constitutional convention, John Parkhurst, one of the drafters, stated, "So we did come to grips with Dillon's Rule and we did try to turn it around 180 degrees [with respect to home rule units.]" See RECORD OF PROCEEDINGS, SIXTH ILLINOIS CONSTITUTIONAL CONVENTION, p. 3024 (1972). D. In general, the courts have adhered to the principle that home rule legislative power is to be interpreted expansively. See City of Evanston v. Create, Inc., 85 111.2d 101, 421 N.E.2d 196, 51 III.Dec. 688 (1981). The reversal of Dillon's Rule, as applied to home rule units, has been substantiated by a significant body of case law. Id.; Webster v. City of Chicago, 132 III.App.3d 666, 478 N.E.2d 446, 88 III.Dec. 131 (1st Dist. 1985). See also People ex rel. Bernardi v. City of Highland Parr 121 I11.2d 1, 520 N.E.2d 316, 117 II1.Dec. 155 (1988), which reaffirmed the abrogation of Dillon's Rule with respect to home rule units. III. HOME RULE LEGISLATIVE AUTHORITY. With the advent of home rule, the legal analysis regarding the breadth of corporate authorities' legislative authority must be revised completely. The appropriate inquiry with respect to home rule legislation is (a) whether the ordinance relates to the municipality's local government and 3 affairs and (b) whether the exercise of home rule powers has been superseded by other constitutional provisions or by appropriate action of the General Assembly. Unless some type of positive prohibition exists, the corporate authorities of a home rule unit have broad, discretionary powers to enact legislation. A. Home rule units have all the powers of a sovereign, limited only by the constitution or by the General Assembly in the manner provided by the constitution. Courts can invalidate home rule legislation only on the grounds that the enactment violates the Federal or State Constitution or violates a mandate imposed by state or federal statute. City of Elgin v. County of Cook, 169 I11.2d 53, 660 N.E.2d 875, 214 II1.Dec. 168 (1995); Stahl v. Village of Hoffman Estates, 296 III.App.3d 550, 694 N.E.2d 1102, 230 III.Dec. 824 (1st Dist 1998). B. It should be noted, however, that the acquisition of home rule authority does not automatically validate preexisting ordinances. If an ordinance was enacted before the acquisition of home rule powers, the ordinance's validity is tested under the municipality's prior, non-home rule status. Bank of Elk Grove v. City of Joliet, 171 III.App.3d 321, 525 N.E.2d 569, 121 III.Dec. 511 (3d Dist. 1988);Application of County Collector of Kane County, 132 I11.2d 64, 547 N.E.2d 107, 138 III.Dec. 138 (1989) (pre- home rule ordinance regarding ordinance publication requirement was binding). A municipality need not enact an ordinance to execute its home rule powers. Beneficial Development Corp. v. City of Highland Park, 161 I11.2d 321, 641 N.E.2d 435 , 204 I11.Dec. 211 (1994). C. There are express constitutional limitations under Article VII, Section 6 that preclude home rule units from: 4 1. Incurring debt in excess of 40 years 2. Adopting ordinances for the punishment of felonies 3. Providing for imprisonment of over 6 months 4. Licensing for revenue 5. Imposing taxes measured by income or earnings or upon occupations 6. Providing for its officers, their manner of selection and terms of office except as approved by referendum of otherwise authorized by law. IV. HOME RULE AND LOCAL AFFAIRS Home rule authority is very broad, but there are limitations to its exercise. One such limitation is that the home rule unit cannot legislate with regard to matters that are not of local concern. A. A home rule unit's legislation must relate to its local affairs or government. A home rule unit's legislation can relate only to its own legitimate concerns, not to those of the state or nation. City of Des Plaines v. Chicago &North Western Ry., 65 III.2d 1, 357 N.E.2d 433, 2 III.Dec. 266 (1976) (railroad noise regulation a matter of statewide, not local, concern); see also Oak Park Trust & Savings Bank v. Village of Mt. Prospect, 181 III.App.3d 10, 536 N.E.2d 763, 129 III.Dec. 713 (1st Dist. 1989) (licensing of multifamily dwelling units is local concern); Crain Enterprises, Inc. v. Mound City, 189 III.App.3d 130, 544 N.E.2d 1329, 136 III.Dec. 554 (5th Dist. 1989) (vacation of streets and alleys is matter of local concern); Kadzielawski v. Board of Fire & Police Commissioners, 194 III.App.3d 676, 551 N.E.2d 331, 141 I11.Dec. 338 (1st Dist. 1990) (ordinance creating imposition of fines to discipline police and fire employees); Trettenero v. Civil Service Commission of City of Aurora, 221 I11.App.3d 326, 581 N.E.2d 857, 163 III.Dec. 703 (2nd Dist. 1991) (ordinance determines when hearing 5 t before civil service commission is warranted); Page v. City of Chicago, 29 II1.App.3d 450, 701 N.E.2d 218, 233 III.Dec. 575 (1998) (city=s human rights ordinance). Property tax levies are matters of local concern and within the scope of home rule powers. Trust No. 115 v. People ex rel. Little, 328 I11.App.3d 1033, 767 N.E.2d 933, 263 I11.Dec. 207 (2002); Alpha Gamma Rho Alumni v. People ex rel. Botlaw, 322 III.App.3d 310, 750 N.E.2d 282, 255 III.Dec. 701 (2001). B. In Kalodimos v. Village of Morton Grove, 103 I11.2d 483, 470 N.E.2d 266, 83 III.Dec. 308 (1984), the Supreme Court addressed the issue of whether a home rule unit had the power to bar the possession of handguns. The court's analysis of the issue began with a discussion of whether the ban related to the village's local problems. The court framed the applicable legal test as follows: Whether a particular problem is of statewide rather than local dimension must be decided not on the basis of a specific formula or listing set forth in the Constitution but with regard for the nature and extent of the problem, the units of government which have the most vital interest in its solution, and the role traditionally played by local and statewide authorities in dealing with it. 470 N.E.2d at 274. While recognizing that weapons control and crime prevention were to some extent matters of statewide concern, the court found that the village had its own obvious interest in reducing the possibility of violent crime and domestic violence. Having determined that the village had legislated within an area of local concern, the court held that the ordinance was within the scope of its home rule powers. Accord, City of Chicago v. Roman, 184 I11.2d 504, 705 N.E.2d 81, 235 I11.Dec. 468 (1998) (home rule ordinance mandating a minimum sentence of 90 days= imprisonment was valid); City of Champaign v. Sides, 349 I11.App.3d 293, 810 N.E.2d 287, 284 I11.Dec. 634 (2004) (local public indecency ordinance upheld). 6 r C. The courts have held that home rule units may enact eminent domain ordinances to eradicate blight and to stimulate economic development in business districts. City of Wheaton v. Sandberg, 215 I11.App.3d 220, 574 N.E.2d. 697, 158 III.Dec. 584 (2d Dist 1991); City of Carbondale v. Yehling, 96 I11.2d 495, 451 N.E.2d 837, 71 III.Dec. 683 (1983). D. However, disconnection of territory from a municipality is primarily a matter of statewide concern and therefore not within the scope of home rule powers as a matter pertaining to "local government and affairs." LaSalle National Trust, N.A. v. Village of Mettawa, 249 III.App.3d 550, 616 N.E.2d 1297, 186 III.Dec. 665 (2d Dist 1993); JLR Investments, Inc. v. Village of Barrington Hills, 355 I11.App.3d 661, 828 N.E.2d 1193, 293 II1.Dec. 695 (2005); City of Chicago v. Village of Elk Grove Village, 314 III.App.3d 423, 820 N.E.2d 1158, 290 III.Dec.91 (2004). V. LIMITATION ON HOME RULE POWER/EXTRATERRITORIAL EFFECT A. When a home rule unit has attempted to exercise its sovereignty in a manner that has a clear extraterritorial impact, the action usually has been struck down by the courts. City of DesPlaines v. Chicago &North Western Ry., 65 I11.2d 1, 357 N.E.2d 433, 2 III.Dec. 266 (1976) (city's noise abatement ordinance had extraterritorial effect); Commercial National Bank v. City of Chicago, 89 I11.2d 45, 432 N.E.2d 227, 59 III.Dec. 643 (1982) (City of Chicago's service tax ordinance held to be incompatible with territorial limitations placed on home rule units). B. Obviously, if a state statute authorizes extraterritorial legislation, a home rule unit can use that statutory grant of power. City of Carbondale v. Van Natta, 61 I11.2d 483, 338 N.E.2d. 19 (1975) (extraterritorial zoning authority). In addition, a home rule unit can 7 perform extraterritorial acts that are proprietary, as distinguished from governmental, in character. People ex rel. City of Salem v. McMackin, 53 I11.2d 347, 291 N.E.2d 807 (1972); Marshall Field & Co. v. Village of South Barrington, 92 Ill.App.3d 360, 415 N.E.2d 1277, 47 III.Dec. 964 (1st Dist. 1981) (issuance of industrial revenue bonds to finance development outside municipal boundaries). VI. LIMITATIONS ON HOME RULE POWER;CO-EQUAL BRANCH OF GOVERNMENT A home rule unit may not enact legislation that would frustrate or inhibit the exercise of authority by other coequal branches of government within the municipal boundaries. This limitation is another variation of the "local government and affairs" constitutional restriction. A One of the first cases to deal with this issue was Ampersand, Inc. v. Finley, 61 I11.2d 537, 338 N.E.2d 15 (1975). Although the case involved an ordinance of a home rule county, its teachings are equally applicable to home rule municipalities. The county had passed an ordinance that imposed a filing fee on both plaintiffs and defendants in all civil cases. The fee was to be contributed to the law library fund. The court struck down the ordinance, finding that it interfered with traditional access of litigants to the state's courts and was therefore beyond the powers of a home rule unit. B. With respect to matters of judicial review and procedure in particular, home rule units have no authority to regulate or control these essential court processes. See Paper Supply Co. v. City of Chicago, 57 I11.2d 553, 317 N.E.2d 3 (1974) (city had no authority to require that review of municipal administrative decisions be made under Administrative Review Act); City of Carbondale v. Yehling, 96 I11.2d 495, 451 N.E.2d 837, 71 Ill.Dec. 683 (1983) (ordinance attempting to regulate eminent domain procedure). A home rule unit may not require a court to order the payment of the 8 municipality's attorney's fees, even where the municipality is the prevailing party in the litigation. Village of Glenview v. Zwick, 356 III.App.3d 630, 826 N.E.2d 1171, 292 III.Dec. 735 (2005). C. If regulatory authority has been given to another branch of the state or federal government, it is more likely that the regulated activity will be found to be non-local in character. People ex rel. Lignoul v. City of Chicago, 67 III.2d 480, 368 N.E.2d 100, 10 III.Dec. 614 (1977) (city's ordinance that effectively allowed branch banking within city's boundaries held invalid);Metropolitan Sanitary District v. City of Des Plaines, 63 I11.2d 256, 347 N.E.2d 716 (1976) (ordinance that attempted to regulate construction of wastewater treatment plant located in city held invalid); Bridgman v. Korzen, 54 I11.2d 74, 295 N.E.2d 9 (1972) (tax collection ordinance held invalid); City of Chicago v. Board of Trustees of the University of Illinois, 293 III.App.3d 897, 689 N.E.2d 125, 228 III.Dec. 253 (1st Dist. 1997) (university could not be required to collect and remit parking and amusement taxes to city under home rule ordinance). D. Where state agencies are actively involved in performing statutory or regulatory duties that could be impacted by the home rule ordinance, courts have not been hesitant to strike down the ordinance. 1. In People ex rel. Bernardi v. City of Highland Park, 121I11.2d 1, 520 N.E.2d 316,117 I11.Dec. 155 (1988), the Supreme Court held that prevailing wages for municipal construction projects were a matter of statewide concern subject to regulation by the Department of Labor, and the municipality's actions were beyond its home rule authority. 9 2. In Kirwin v. Peoples Gas Light & Coke Co., 173 III.App.3d 699, 528 N.E.2d 201, 123 III.Dec. 656 (1st Dist. 1988) the court held that home rule municipalities lack authority to regulate public utilities that are under jurisdiction of Illinois Commerce Commission. But see Village of Bolingbrook v. Citizens Utilities Company of Illinois, 158 I11.2d 133, 632 N.E.2d 1000, 198 III.Dec. 389 (1994) (home rule unit's antipollution ordinances were enforceable against utility regulated by Illinois Commerce Commission). 3. In Hutchcraft Van Service, Inc. v. Urbana Human Relations Commission, 104 III.App.3d 817, 433 N.E.2d 329, 60 III.Dec. 532 (4th Dist. 1982), the City enacted an ordinance prohibiting discrimination against persons for a broad variety of reasons. The ordinance was challenged as being beyond the scope of the City's home rule powers. In particular, the plaintiff pointed to the extensive body of state and federal law prohibiting discrimination and the powers of regulatory agencies to enforce those laws. The existence of an independent state agency to enforce the laws regarding discrimination was found to be very persuasive by the court. 433 N.E.2d at 333-334. The court therefore held that the City's ordinance was "preempted" by state law. Compare Page v. City of Chicago, 299 III.App.3d 450, 701 N.E.2d 218, 233 III.Dec. 575 (1st Dist. 1998); see also Village of Dolton ex rel. Winter v. CFX Transportation, Inc., 196 III.App.3d 564, 554 N.E.2d 440, 143 Il1.Dec. 505 (1st Dist. 1990). 4. In City of Joliet v. Snyder, 317 III.App.3d 940 , 741 N.E.2d 1051, 251 EI.Dec. 873 (2000), the court held that the housing of sexually dangerous persons by a state agency was not a matter of local concern. 10 5. These cases are examples of the test, as articulated by the Supreme Court in Kalodimos v. Village of Morton Grove, 103 I11.2d 483, 470 N.E.2d 266, 83 III.Dec. 308 (1984), that requires the court to determine if a home rule ordinance has ventured too far into areas traditionally reserved to other units of local, state, or federal government. In short, it appears from a review of current precedent that a home rule unit's legislative authority may be curtailed when it interferes with essential functions or duties that have been delegated to other governmental bodies. VII. LIMITATION ON HOME RULE AUTHORITY/STATUTORY PREEMPTION A. The mere existence of a state statutory scheme does not restrict a home rule unit's authority to adopt ordinances that concurrently regulate or even conflict with state law. In City of Evanston v. Create, Inc., 85 I11.2d 101, 421 N.E.2d 196, 51 III.Dec. 688 (1981), the Supreme Court thoroughly examined a home rule unit's authority to regulate landlord-tenant relations in light of the preexisting state statute that also dealt with this area (see 765 ILCS 730/0.01, et seq., and 735 ILCS 5/9-101, et seq.). The court's analysis in Create, Inc. is highly significant because it sets forth in a clear and concise manner the circumstances under which preemption will occur. B. There are two prongs of the constitutional preemption doctrine. Create, Inc., supra, 421 N.E.2d at 199. First, under ' 6(g) of Article VII of the Illinois constitution, the General Assembly, by a three-fifths majority vote, may deny or limit home rule powers. Second, under ' 6(h) of Article VII, the General Assembly may specifically provide for the exclusive exercise by the state of any power or function of a home rule unit. 11 1. With respect to statutes enacted after the effective date of the 1970 Constitution, there must be an express statement that the General Assembly intends to divest home rule units of their powers in a specified area. Create, Inc., supra, 421 N.E.2d at 199; Lech v. Michaelson, 129 Ill.App.3d 593, 472 N.E.2d 1166, 84 I11.Dec. 770 (1st Dist. 1984), aff=d in part, rev=d in part on other grounds, 111 I11.2d 523 (1986);Stryker v. Village of Oak Parr 62 I11.2d 523, 343 N.E.2d 919 (1976); City of Chicago v. Haworth, 303 I11.App.3d 451, 708 N.E.2d 425, 236 I11.Dec. 839 (1st Dist. 1999) (City=s regulation of private detectives had been preempted) Due to the confusion surrounding the evolution of the home rule preemption doctrine, the General Assembly added a new provision to the Statute on Statutes (5 ILCS 70/7) to require express preemptive language. That section provides: No law enacted after January 12, 1977, denies or limits any power or function of a home rule unit, pursuant to paragraphs (g), (h), (i), 0), or (k) of Section 6 of Article VII of the Illinois Constitution, unless there is specific language limiting or denying the power or function an the language specifically sets forth in what manner and to what extent it is a limitation on or denial of the power or function of a home rule unit. 2. With respect to statutes that were in existence before the effective date of the Constitution, an ordinance of a home rule unit supersedes any such conflicting state statute. Create, Inc., supra, 421 N.E.2d at 199. See also County of Cook v. John Sexton Contractors Co., 75 I11.2d 494, 389 N.E.2d 553, 559, 27 I11.Dec. 489 (1979); Town of Cicero v. Fox Valley Trotting Club, Inc., 65 111.2d 10, 357 N.E.2d 1118, 1121, 2 Ill.Dec. 675 (1976); Stryker v. Village of Oak Park; supra, 343 N.E.2d at 922; Paglini v. Police Board of Chicago, 61 111.2d 233, 335 12 N.E.2d 480, 482 (1975); Mulligan v. Dunne, 61 I11.2d 544, 338 N.E.2d 6, 10 - 11 (1975); Peters v. City of Springfield, 57 I11.2d 142, 311 N.E.2d 107, 109 (1974); Clarke v. Village of Arlington Heights, 57 111.2d 50, 309 N.E.2d 576, 579 (1974); People ex rel. Hanrahan v. Beck, 54 111.2d 561, 301 N.E.2d 281, 283 (1973); Kanellos v. County of Coop 53 111.2d 161, 290 N.E.2d 240, 243 - 244 (1972); Kotte v. Normal Board of Fire and Police, 269 I11.App.3d 517, 646 N.E.2d 292, 206111.Dec. 925 (4th Dist. 1995). C. Create, Inc. is significant because the City's ordinance created certain legal remedies (especially for the tenant) that did not exist under state law. 421 N.E.2d at 198. The court held that the creation of new legal remedies by home rule ordinance did not interfere with the state judiciary system or the administration of justice by the courts. See also City of Springfield v. Ushman, 71 I11.App.3d 112, 388 N.E.2d 1357, 27 I11.Dec. 308 (4th Dist. 1979) (home rule ordinance providing for fines up to $1000). D. The Public Utilities Act does not impliedly preempt a home rule municipality's ordinances which authorize a fine for the unlawful discharge of waste. Village of Bolingbrook v. Citizens Utilities Company of Illinois, 158 I11.2d 133, 632 N.E.2D 1000, 198 II1.Dec. 389 (1994). See Congress Care Center Associates v. Chicago Department of Health, 260 I11.App.3d 586, 632 N.E.2d 266, 198 I11.Dec. 107 (1st Dist. 1994) (where the court held that the city's home rule authority was not preempted by the Nursing Home Care Act). See also City of Chicago v. Krisjon Construction Co., 246 Il1.App.3d 950, 617 N.E.2d 21, 186 I11.Dec. 782(1st Dist. 1993) (open dumping of waste). E. Thus, absent express preemptive language in the statute, the preemption doctrine is limited in its scope and effect. The mere existence of a state statutory program dealing 13 with a particular issue does not work a per se preemption of home rule powers. Village of Bolingbrook v. Citizens Utilities Co., 158 I11.2d 133, 632 N.E.2d 1000, 198 I11.Dec. 389 (1994); City of Chicago v. Roman, 292 I11.App.3d 546, 685 N.E.2d 967, 226 Il1.Dec. 512 (1st Dist. 1997). This rule was applied by the Supreme Court in Scadron v. City of Des, Plaines, 153 I11.2d 164, 606 N.E.2d 1154, 180 Il1.Dec. 77 (1992), in which the Court held that a home rule ordinance that totally banned outdoor advertising signs viewable from limited access highways was not preempted by the Illinois Highway Advertising Control Act. F. If a statute that had preempted home rule ordinances is amended to remove the preemption, then the home rule ordinance is reinstated without the necessity of express reenactment. City of Burbank v. Czaja, 331 I11.App.3d 369, 769 N.E.2d 1045, 264 Il1.Dec. 208 (1" Dist.2002). G. A home rule preemption provision, applicable only to the Illinois Municipal Code, does not apply to a home rule unit that does not use that particular Code provision. For example, Chicago has adopted its own personnel ordinance and no longer operates under Article 10 of the Municipal Code with respect to personnel matters. Preemption of home rule authority under Article 10, therefore, does not apply to Chicago. Dineen v. City of Chicago, 125 I11.2d 248, 531 N.E.2d 347, 126 I11.Dec. 52 (1988). H. The General Assembly has the authority to preempt home rule authority of certain home rule municipalities based on population. Village of Schaumburg v. Doyle, 277 I11.App.3d 832, 661 N.E.2d 496, 214 I11.Dec. 642 (1st Dist. 1996); Des Plaines Firemen=s Association v. City of Des Plaines, 267 I11.App.3d 920, 642 N.E.2d 732, 204 I11.Dec. 831 (1st Dist. 1994). 14 1. Based on established precedent, it is clear that the exercise of legislative authority by a home rule unit is presumptively valid unless the state has expressly preempted the field. The mere existence of a concurrent state statutory scheme is not sufficient in and of itself to overcome that presumption. A listing of selected statutes that contain express preemptive language can be found at I.I.C.L.E. Municipal Law and Practice in Illinois, ch. 29, §29.54 (2000). VIII. HOME RULE AUTHORITY TO ABATE REAL ESTATE TAXES AND SALES TAXES Home rule units of government are not restricted by statutory limitations on abatements and rebates. Article 7, §6(a), of the Illinois constitution provides that "[e]xcept as limited by this Section, a home rule unit may exercise any power and perform any function pertaining to it government and affairs including, but limited to, the power to...tax." A. Illinois courts have construed the taxation powers of home rule units broadly, allowing those units to "exercise these powers unless restricted by a constitutional provision or appropriate legislation." Stahl v. Village of Hoffman Estates, 296 II1.App.3d 550, 694 N.E.2d 1102, 1105, 230 I11.Dec. 824 (1" Dist. 1998) (upholding constitutionality of home rule unit's imposition of exemptions from estate transfer taxes). B. Home rule units have construed these and similar authorities to relieve them from the statutory restrictions on real estate tax abatements and sales tax rebates. This power provides home rule units with a distinct advantage over non-home rule units. Home rule units can abate or rebate the taxes they levy without limitation on the amount or duration of the incentive. C. Section 18-180 of the Property Tax Code provides home rule municipalities with additional authority to abate all real estate taxes levied against certain residential 15 properties located in areas of urban decay under limited circumstances. 35 ILCS 200/18-180. Section 18-180 allows the home rule municipality to extend the abatement to owner-occupied single-family or duplex residential dwelling units located within the municipality and in an area of urban decay. Conditions making an area subject to urban decay are similar to those that would qualify an area as "blighted" for tax increment financing purposes. Section 18-180 allows the home rule municipality to abate not only a percentage of the real estate taxes it levied against qualifying properties but also taxes levied against those properties by other taxing districts, subject to certain procedures. D. Home rule units may also abate sales taxes to stimulate commercial development. The home rule unit is not limited by the restrictions placed on non-home rule municipalities by 65 ILCS 5/8-11-20. E. Any rebate of sales or property taxes must comply with the "public purpose test" of Article 8, §1(a), of the Illinois constitution, which provides that "[p]ublic funds, property or credit shall only be used for public purposes." Courts construing this limitation have employed an "expanding concept of 'public purpose' in the area of economic welfare," upholding the provision of public funds to private entities for the purpose of encouraging development. People ex rel. City of Salem v. McMackin, 53 111.2d 347, 291 N.E.2d 807, 813 (1972). IX. HOME RULE POWERS TO TAX Article VII, Section 6(a) of the Illinois constitution affords home rule units broad authority to tax transactions within their boundaries. Some of the transactions that home rule units may tax are: 16 A. Amusements. See Kerasotes Rialto Theater Corp. v. City of Peoria, 77 I11.2d 491, 3297 NE.2d 790, 34 I11.Dec. 118 (1979). B. Real estate transfers 1. See Stahl v. Village of Hoffman Estates, 296 I11.App.3d 550, 694 N.E.2d 1102, 230 I11.Dec. 824 (1998). 2. A home rule unit's power to enact real estate transfer taxes has been limited since January 1997 under 65 ILCS 5/8-3-19. A referendum is now required for all transfer taxes enacted after that date. However, previously enacted transfer tax ordinances remain valid, and no new referendum is required. C. Sales taxes 1. Home rule units may impose sales taxes in excess of the rate available to non- home rule units. See 65 ILCS 5/8-11-1, 8-11-5 and 8-11-6. 2. Under 65 ILCS 8-11-6a, home rule units are not preempted from exacting sales taxes with respect to the following transactions: a. A tax on alcoholic beverages, whether based on gross receipts, volume sold, or any other measurement. b. A tax based on the number of units of cigarettes or tobacco products (provided, however, that a home rule municipality that has not imposed a tax based on the number of unit of cigarettes or tobacco products before July 1, 1993, shall not impose such a tax after that date). C. A tax, however measured, on the use of a hotel or motel room or similar facility. d. A tax, however measured, on the sale or transfer of real property. 17 e. A tax, however measured, on lease receipts. f. A tax on food prepared for immediate consumption and on alcoholic beverages sold by a business which provides for on premises consumption of said food or alcoholic beverages. g. Other taxes not based on the selling or purchase price or gross receipts from the use, sale or purchase of tangible personal property. D. Zoning 1. Home rule units do not rely on enabling statutes (see 65 ILCS 5111-13-let seq.) as the source of their zoning power. Zoning is intrinsically a matter of local concern.. Cain v. American National Bank & Trust Company of Chicago, 26 I11.App3d 574, 325 N.E.2d 799, 805 (0 Dist. 1975); Thompson v. Cook County Board of Appeals, 96 I11.App.3d 561, 421 N.E.2d 285, 292, 51 I11.Dec. 777 (1" Dist. 1981); Landmarks Preservation Council of Illinois v. Chicago, 125 I11.2d 164, 531 N.E.2d 9, 15, 125 I11.Dec. 830 (1988). 2. A home rule unit's power to zone is limited to the territorial boundaries of the municipality. County of Will v. City of Naperville, 226 I11.App.3d 662, 589 N.E.2d 1090, 1093, 168 I11.Dec. 690 (3d Dist 1992) (city may not zone property it owns that lies outside the city's corporate limits, and it is the prerogative of the county to zone such property); see also City of Evanston v. Regional Transportation Authority, 202111.App.3d 265, 559 N.E.2d 899, 905, 147 I11.Dec. 559 (1s` Dist. 1990) (application of a city zoning ordinance to a regional bus facility was not within the grant of home rule power because the facility was regional). 18 E. Governmental employment 1. In the absence of a collective bargaining agreement, a home rule unit has broad powers to hire, fire or discipline employees. Stryker v. Village of Oak Parr 62 I11.2d 523, 343 N.E.2d 919 (1976); Kadzielawski v. Board of Fire and Police Commissioners of the Village of Skokie, 194 I11.App.3d 676, 551 N.E.2d 331, 141 II1.Dec. 338 (1990). 2. A home rule unit may adopt ordinances that differ from state law with respect to police and fire personnel matters. Kadzielawski, supra; Diamond v. Board of Fire and Police Com'rs of the Village of Elk Grove Village,115 I11.App.3d 437, 50 N.E.2d 879, 71 I11.Dec. 191 (1983); Mandarino v. Village of Lombard, 92 I11.App.3d 78, 414 N.E.2d 508, 46 Il1.Dec. 624 (1980). F. Human rights 1. Home rule units may enact their own ordinances regulating behavior in the workplace, notwithstanding the existence of a state statute. In Page v. City of Chicago, 299 I11.App.3d 450, 701 N.E.2d 218, 233 I11.Dec. 575 (1St Dist. 1998), the court held that a city human rights ordinance that prohibited acts of sexual harassment and discrimination by small employers that were not covered by the Illinois Human Rights Act, 775 ILCS 5/7-108(A), was a proper exercise of home rule authority. 2. In Crawford v. City of Chicago,304 I11.App.3d 818, 710 N.E.2d 91, 237 I11.Dec. 668 (1St Dist. 1999), the court upheld an ordinance making qualified same-sex domestic partners or city employees eligible for the same benefits available to employee spouses. 19 G. Health and safety regulations 1. In Village of Mundelein v. Franco, 317 I11.App.3d 512, 740 N.E.2d 801, 251 I11.Dec. 515 (2d Dist. 2000), the appellate court upheld local ordinances that allowed police officers to stop vehicles solely because the occupants were not wearing seat belts. 2. In City of Chicago v. Taylor, 332 I11.App.3d 583, 774 N.E.2d 22, 266 I11.Dec. 244 (1st Dist. 2002), the appellate court held ordinances banning certain categories of firearms and requiring all firearms to be registered were permissible exercises of home rule powers. H. Real property taxes 1. Home rule units are not limited with respect to real property tax rates nor by claims that the municipality has accumulated surplus funds. Alpha Gamma Rho Alumni v. People, 322 I11.App.3d 310, 750 N.E.2d 282, 255 I11.Dec. 701 (2001). 2. Refusal to place a proposition on the ballot to lower maximum property tax in a home rule unit was upheld by the Illinois Supreme Court in Sommer v. Village of Glenview, 79111.2d 383, 403 N.E.2d 258, 38 Il1.Dec. 170 (1980). I. Bonds Home rule units are not subject to limitations on bonding authority set forth in the Illinois Municipal Code (65 ILCS 511-1-1 et seq.). The only limitations are constitutional. See 111.Const. art. 7, §6(e) (40-year limitation on certain debt. 20 X. HOME RULE REFERENDA While municipalities with populations of 25,000 or more automatically have home rule status in Illinois, other municipalities may elect to become home rule by referendum. A home rule unit may also elect by referendum not to be a home rule unit. A. Adopting home rule 1. Article 7, §6(a) of the Illinois constitution provides that municipalities "...may elect by referendum to become home rule units." 2. Article 7, §11 of the Illinois constitution sets forth the general procedures for referenda with respect to home rule status% (a) Proposals for actions which are authorized by this Article or by law and which require approval by referendum may be initiated and submitted to the electors by resolution of the governing board of a unit of local government or by petition of electors in the manner provided by law. (b) Referenda required by this Article shall be held at general elections, except as otherwise provided by law. Questions submitted to referendum shall be adopted if approved by a majority of those voting on the question unless a different requirement is specified in this Article. 3. There is legislation with respect to municipal home rule referenda in particular. Under 10 ILCS 5/28-7, a municipal home rule referendum may be initiated by resolution of a municipality's governing board or by filing with the municipal clerk a petition signed by qualified voters equal in number to 10 percent of the number of registered voters in the municipality. The municipal clerk then must certify the home rule adoption question to the county clerk or other election authority at least 61 days before the election. The referendum is voted on at the next "regular" election. See 10 ILCS 511-3. 21 4. A home rule adopting referendum (and a referendum to opt out of home rule requires the municipal clerk to make two filings with the Secretary of State). At least 20 days before the referendum, the clerk must file a certified statement indicating when the referendum will be held. Within 30 days after the referendum, the clerk must file a certified statement showing the results of the referendum and the status of the municipality as a home rule or non-home rule unit. 5. No referendum with regard to adopting home rule status may be submitted to the voters more than once in any 23-month period. B. Opting out of home rule Article 7, §6(b) of the Illinois constitution provides that, "A home rule unit by referendum may elect not to be a home rule unit. 1. The same procedures that govern referenda to adopt home rule status apply to referenda to opt out of home rule status. See 10 ILCS 5/28-7. 2. A referendum to opt out of home rule status may be held only once in any 47- month period. C. A survey of home rule adoption referenda (Source: James M. Banovetz, "Home Rule Cities and the Voters,"Illinois Municipal Review, December 2002). 1. As of December 2002, there had been 158 municipal referenda with respect to the question of adopting home rule status. In those elections 77 communities (or 49%) chose to adopt home rule. 2. Voters turned down home rule in 81 elections. In five communities voters rejected home rule in more than one election. In five others, voters rejected 22 home rule when it was first put on the ballot, then adopted home rule in a later election. In Lincolnwood and Oakbrook Terrace, voters rejected home rule twice before finally adopting it in a third election. 3. In 2004, voters in the City of Warrenville approved the adoption of home rule. D. A survey of home rule retention elections (Source: Banovetz, supra) 1. There have been 31 elections in which voters were asked whether or not they wished to keep the home rule powers already provided to their community. Voters chose in 27 of these elections, or 87 percent, to retain their home rule powers. 2. Retention elections occur for either of two reasons: (a) voters dissatisfied with their community's use of home rule powers may petition the court for a retention election—this has happened 25 times; or (b) a community which gains home rule powers by population is required by law to hold a retention election if its population later falls under the 25,000 ceiling—this has happened six times. 3. Of the 25 retention elections held in response to voter petitions, home rule was retained in 21, or 84 percent, of the elections. Home rule was retained in all 6 of the retention elections held because a community's population had fallen under 25,000. In the aggregate, voters in retention elections chose, by a margin of greater than 2-1, to retain home rule powers. 4. Four communities have lost home rule status by virtue of retention elections: Lisle, Villa Park, Lombard and Rockford. 93574\REV8/24/05 23 CfTy Reviewed By: X06 Legal Agenda Item Number Finance ❑ Mayor#2 EST. -� __ti 1838 Engineer ❑ City Administrator 0 : Human Resources ❑ Tracking Number Community Development ❑ CC 2012-49 Police Public Works ❑ Agenda Item Summary Memo Title: Procedural ordinance amendment Meeting and Date: City Council June 26, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: May 2012 Action Taken: Amendment for summer schedule Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. -�` Yid 1s36 From: Bart Olson, City Administrator -- � � CC: Date: June 21, 2012 C<wrMY Sad Subject: Procedural Ordinance amendment ALE Summary An amendment to the procedural ordinance regarding the organization of citizen's comments sections on City Council and Committee of the Whole meeting agendas. Background This item was requested by Mayor Golinski, after receiving input from several aldermen on citizens' comments. This ordinance sets up two citizen comments sections on each agenda: one at the beginning of the meeting for comments on agenda items-only, and one at the end of the meeting for comments on any topic. For both sections, we have proposed 5 minute time limits, in accordance with limits proposed by surrounding towns, and the general understanding that most citizens can make a very persuasive, valid, reasonable point in less than five minutes. The reason for the proposal for the split citizen comment sections would be to make sure the City Council can get work done in a timely manner. It should be specifically noted that this ordinance does not impact public hearings. I have attached a survey of surrounding towns, and it seems most have incorporated time limits on individual citizen comments. This is a common meeting rule that most communities have seen to be a benefit. Recommendation Staff recommends approval of the attached procedural ordinance amendment. City Time limit? Aurora 3 minutes Kendall County 5 minutes if they sign up ahead of time, 3 minutes if they don't sign up ahead of time Minooka 3 minutes Montgomery 5 minutes if they sign up ahead of time, 2 minutes if they don't sign up ahead of time Naperville 3 minutes North Aurora 3 minutes Oswego no limit Plano no limit, offer opportunity to speak at beginning and end of meeting Shorewood 3 minutes Sugar Grove no limit,they are going to discuss at COW next week Warrenville 3 minutes Bartlett 3 minutes Burr Ridge 5 minutes, and rarely abused by residents. Opportunity to speak at beginning and end of meeting Champaign 5 minutes Deerfield 5 minutes Elmhurst 3 minutes Lake Bluff 3 minutes per resident, 15 minutes total - President has authority to extend both Prairie Grove 3 minutes Rochelle 5 minutes 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: Ordinance No.2012- Page 1 a. During the months of September through May, 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. For the months of June, July, and August, City Council Meetings shall be regularly scheduled to convene on the 4th Tuesday of each month at 7:00 p.m. in the City Hall Council Chambers. b. City Council Meetings shall be generally conducted according to the agenda template attached hereto (most recent template will be attached). c. Citizens in attendance at any meeting of the City Council shall be entitled to address the City Council one time for no more than five (5) minutes on any agenda item prior to the Council's consideration of the Consent Agenda in order to permit the work of the City Council to proceed. Citizens shall be entitled to address the City Council on any matter immediately_prior to adjournment for no more than five (5) minutes. No citizen may assign or transfer his or her time to address the City Council to another citizen. c—d.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. City Council meeting agenda items may be added by the Mayor, consent of four (4) aldermen, or direction from a committee. €-:f. 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. fl.g_The City Council shall appoint the Mayor Pro Tem 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. During the months of June, July, and August Committee of the Whole meetings shall be regularly scheduled to convene on the 2nd 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. Committee of the Whole Meetings shall be generally conducted according to the template attached hereto. d. Citizens in attendance at any meeting of the Committee of the Whole meeting shall be entitled to address the City Council one time for no more than five (5) minutes on any agenda item prior to the Council's consideration of the Consent Agenda in order to permit the work of the City Council to proceed. Citizens shall be entitled to address the City Council on any matter immediately prior to adjournment for no more than five (5) minutes. No citizen may assign or transfer his or her time to address the City Council to another citizen. Ordinance No.2012- Page 2 d-.e.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-.f. 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 Committee Meetings: a. During the months of September through May, Committee meetings shall be regularly held monthly, at the dates, times and locations as approved by the Committees. b. The Mayor shall be a non-voting member of all standing committees. c. The Mayor shall select committee rosters at the first City Council meeting in May following a municipal consolidated election (i.e. every two years). d. Committee rosters may be switched by mutual, unanimous consent of the aldermen trading seats and the Mayor. e. The Mayor shall select committee chairmen and vice-chairmen. f. Any alderman may add any agenda item to any committee agenda. g. 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. h. The four committees shall be: i. Administration ii. Economic Development iii. Public Safety iv. Public Works i. Each committee shall be presided over by its chairman, or in the absence of the chairman, the vice-chairman. j. Committee meetings may be cancelled by the Chairman of the committee if there is a not a quorum of the members present, or there are no agenda items which require action by a committee. k. 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. Ordinance No.2012- Page 3 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 GEORGE GILSON, JR. 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 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal ❑ PW#1 Finance ❑ ESL -� 1836 Engineer ■ -_� City Administrator ■ Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ PW 2012-33 Parks&Recreation ■ Public Works ❑ Agenda Item Summary Memo Title: Route 34 Letter of Understanding Meeting and Date: City Council—June 26, 2012 Synopsis: IDOT has provided a revised Letter of Understanding that includes a trail from Route 47 to Orchard Road. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approve and authorize the Mayor and City Clerk to execute Route 34 Letter of Understanding. Submitted by: Laura Schraw Parks & Recreation Name Department Agenda Item Notes: Please see the attached memo. c►ry0 Memorandum EST. lass To: Committee of the Whole From: Laura Schraw, Interim Director of Parks and Recreation co CC: Brad Sanderson, EEI Bart Olson, City Administrator MMACV Date: June 7, 2012 Subject: Route 34 Letter of Understanding Summary One revised Letter of Understanding between the City and the State for the Route 34 expansion project east of Route 47, replacing two previously approved letters of understanding, and reducing the City's overall cost to install trails along the expansion project. Previously approved Letters of Understanding (LOUs) In 2010, a Letter of Understanding (attached)was approved by vote authorizing the Mayor to execute under agenda item PW 2010-06 stating that the City would be the lead agency in constructing a multi-use trail from Timber Ridge Road to the Yorkville City limits. At that time, IDOT was in the final design phase (Phase 2) of their Route 34 (Rt.47 to Orchard Road)project. IDOT initially assumed (during Phase 1 engineering)that the trail system would dive off into Grande Reserve and link up to a trail on Kennedy Road. Yorkville's Integrated Transportation Plan as well as the Oswego Comprehensive Plan called for a trail along all of Route 34. IDOT initially rejected the request in 2010 to include a trail extension in their project because it would require re-opening the Phase I report. Therefore IDOT proposed to help fund the trail as a separate city project and the City signed a Letter of Understanding that the City would act as the lead agency on the trail project for this segment and receive 50%reimbursement for construction costs and 15% for engineering costs. There was no cost estimate or formal timeline associated with this agreement, other than construction was not allowed to begin until after the Route 34 project was complete. In accordance with this agenda item, we estimate the cost of this section of trail to be $200,000+. This means the City's share for construction would have been more than $100,000. In 2012, a Letter of Understanding (attached)was approved by vote authorizing the Mayor to execute under agenda item PW 2010-04 outlining the City's participation in the Route 34 project from Route 47 to Orchard Road. In this agreement, the City would fund a multi-use trail for a portion of the Route 34 project from Route 47 to Timber Ridge Road. The City's share for the trail in this agreement was estimated at $42,000. New Letter of Understanding In May 2012, IDOT requested a meeting with the City of Yorkville, Kendall County, and the Village of Oswego regarding the expansion of the project to include trail the entire length of Route 34 from Route 47 in Yorkville to Orchard Road. Within this expansion project, IDOT indicated that a trail along the Timber Ridge Road section to Orchard Road would be eligible for 80/20 funding(this is the same section from the LOU in 2010, which had a 50150 funding split). Alternatives for trail construction, due to IDOT needing to acquire additional ROW to complete these improvements, were discussed, but ultimately rejected under IDOT's own standards. All agencies agreed that a 10' wide asphalt trail is preferred. . MOT needs to acquire additional ROW to include this trail segment with their Route 34 project and has requested that all agencies approve a Letter of Understanding approving their project involvement, so that they may proceed with including this trail segment in the Route 34 expansion project. Attached is a Letter of Understanding regarding the City's participation for a trail from Route 47 to Yorkville City limits. The total projected cost is $87,400 ($76,000 for construction plus 15% for engineering, estimated at $11,400). IDOT is requesting approval of this letter. Recap The City previously committed in 2010 of the trail construction from Timber Ridge Road to Yorkville City limits at 50% (this does not include right-of-way acquisition, etc.) and in 2012 committedto paying for a trail from Route 47 to Timber Ridge Road at 20% By approving the attached, revised LOU, the City's cost for the two segments of trail will be reduced from about $150,000 to $87,400. This new Letter of Understanding takes the responsibility of the trail ROW acquisition,plat recording, engineering and construction away from the City and increases the cost share from the state to 80%. Oswego and Kendall County have also received similar agreements outlining their cost participation in this project. If the City does not agree to approve this Letter of Understanding, the state has the option to proceed with the project in the other two jurisdictions and trail installation in the missing segment would be at 100% City cost. Illinois Department of Transportation Division of Highways/ Region 2/District 3 700 East Norris Drive/Ottawa, Illinois/61350-0697 Telephone 815/434-6131 January 4, 2010 The Honorable Valerie Burd Mayor of Yorkville 800 Game Farm Road Yorkville, IL 60560 Letter of Understanding US34 (FAP591) State Section (13C & 13)R &T Kendall County (Proposed Multi-Use Trail Along US 34, From Timber Ridge Road to Yorkville's East Limits) File No. 1432-211 Dear Mayor Burd: This letter of understanding is in response to correspondence from Yorkville City Engineer, Mr. Joe Wywrot, dated December 17, 2009 (see attachment). In his letter, Mr. Wywrot stated the city of Yorkville's willingness to assume the role of lead agency in constructing a multi-use recreational trail along US 34 from Timber Ridge Road and extending easterly approximately 0.87 mile to Yorkville's east corporate limits. This letter confirms that the IDOT, District 3 office concurs with this trail proposal and further agrees to reimburse the city accordingly. The state will reimburse the city for 50 percent of the construction cost, plus an additional 15 percent charge for preliminary and construction engineering to be applied to the state's share of cost. As lead agency, the city will be responsible for conducting any required surveys, develop plans and specifications, obtain any necessary easements and/or rights of way, receive bids, award a contract and furnish engineering inspection during construction. IDOT's consulting engineer has previously provided preliminary engineering information of the US 34 project (CADD files, plan sheets, cross sections and survey data) to Mr. Wywrot. Be advised that the state's share cost is limited to a standard 10 foot wide bituminous paved trail with 2 foot shoulders. The trail must be constructed in compliance with all the standards and specifications set by the Federal Highway Administration and [DOT. In accordance with departmental policy, all appurtenances required to facilitate proper drainage and functionality of the trail and safety to trail users are items that the state deems as being reimbursable. All landscaping exceeding standard seed and/or sod, special pavement and/or structure treatments, enhancement lighting, etc. are not reimbursable and therefore would be at 100 percent city cost. The Honorable Valerie Burd January 4, 2010 Page 2 Constructing the trail after the US 34 project is completed would be the most practical approach. IDOT's proposed reconstruction of adjoining US 34 is part of the state's multi-year program. However, the actual year of the construction work is currently unknown as the highway project is currently not funded. Due to these circumstances, the primary purpose of this letter of understanding is to serve as a confirmation between our two agencies. The city of Yorkville will assume the role of the lead agency to construct the described multi-use trail. Additionally, the state hereby commits to reimbursing the city for 50 percent cost of the trail as described above, at such time the trail is constructed. Specific scheduling in the preparation of plans and programming of funds for the trail will need to be addressed in the future when there is a greater certainty in the availability of funds. You will note that two copies of this letter of understanding are enclosed for your review. If you are in agreement with the proposals stated in this letter, please affix your signature in the space provided on both copies; retain one copy for your files and return the second copy to the Illinois Department of Transportation, District 3 office in Ottawa. Upon our receipt of the signed copy, it will be assumed the city of Yorkville concurs with the terms stated herein. A signed copy of this letter of understanding will be placed in the district's commitment file for the US 34 project for future reference. If you have any questions, feel free to contact Mr. Craig Reed of this office at (815) 434-8420. Sincerely, George F. Ryan, P.E. Deputy Director of Highways, Region Two Engineer -� � By: Dan L. Mestelle, P.E. Program Development Engineer Concurrence: The city of Yorkville concurs with the terms of this letter of understanding 1/19 do -, �t� i/agJ�fl Valerie Burd, Mayor of Yorkville Date cc: Joseph Wywrot, City Engineer Bart Olson, City Administrator Illinois Qepartrilmt of Transportation Division of Highways/Region 2/District 3 700 East Norris Drive f Ottawa, Illinois/61350-1628 Telephone 8151434-6131 October 11, 2011 The Honorable Gary Golinski Mayor of Yorkville 800 Game Farm Road Yorkville, IL 60560 Letter of Understanding FAP 591 (US 34) Section (13C&13)R&T Kendall County US 34 (From East of IL 47 West of Orchard Road) Local Agency Cost Sharing Dear Mayor Golinski: This letter of understanding is the result of communication between the city of Yorkville and the Illinois Department of Transportation concerning IDOT's proposed widening of US Route 34 from approximately 350 feet west of Marketplace Drive and extending 3.6 miles to approximately 350 feet west of Orchard Road, in Oswego. IDOT and Yorkville city staff have met on various occasions to discuss the scope of work and the share of cost which will be required from the city of Yorkville. The city of Yorkville also reviewed preliminary plans provided on June 4, 2010 and pre-final plans provided on June 13, 2011 itemizing City participation items. The purpose of this letter is to provide a clear understanding of the estimated cost the City is to incur and to provide direction to complete final plans which are currently 90% complete. The City's signature of this letter represents Yorkville's commitment to the project. The list below describes some preliminary pay items which require City participation. The city and state will enter into a formal agreement prior to beginning construction which will detail the city's share of cost. The total project cost is estimated at $27.5 million in 2011 dollars. The Department has estimated the following preliminary local participation costs for the city of Yorkville: 1. Sidewalk—20% local cost $ 4,600 2. Shared-Use Path (10'wide bituminous)—20% local cost $42,000 3. Combined Road Lighting at 5 Intersections— 100% local cost $58,000 4. Pre-emption devices at 5 Intersections— 100% local cost $20,000 5. City Utilities (water/sewer) — 100% local cost $20,000 6. Traffic Signals (4 @ 6.6%, 1 @ 10% local share) $55,600 7. Engineering — 15% $30,000 Total estimated cost share for the City of Yorkville $230,200 The Honorable Gary Golinski Page 2 October 11, 2011 Final costs will be based on actual bid prices after the project has been let for construction. This project is currently not scheduled for construction in the Department's FY 2012-2017 Proposed Highway Improvement Program, but will be monitored for inclusion based on project readiness and funding availability. Based on the current schedule and pending land acquisition, this project would be available for letting no sooner than FY 2014. You will note two copies of this letter of understanding are enclosed for your review. If you agree with this proposal, please affix your original signature in the space provided on both copies, retain one for your files and return the second copy to this office by November 28, 2011. If the signed letter of understanding is not received by this date, we will proceed with final plans based on comments received from the City on the pre-final plans. If you have any questions or need further information, please contact Mr. Craig Reed, Project Engineer at (815) 434-8420. Sincerely, Eric S. Therkildsen, P.E. Acting Deputy Director of Highways, Region Two Engineer S By: Dan Mestelle, P.E. District Program Development Engineer CR:lw/cr 10-11-11 Letter of Understanding Yorkville cc: Lou Paukovitz APPROVED: lLea&- I .3�_ ary oli ski Date York Ile Mayor FAP 591 (US Route 34) Section (13C&13)R&T Kendall County C-93-016-10 Contract 66884 Work Item Total Cost Federal State City Mainline US 34 Roadway construction $20,929,000 $16,743,200 $4,185,800 $0 (widening two to five lanes) including curb and gutter storm sewer Also, all work Required on local street connections Traffic Signals: US 34 @ McHugh Road $200,000 $160,000 $20,000 $20,000 (80%) (10%) (10%) Combination Roadway Lighting $14,000 $0 $0 $14,000 (100%) Traffic Signals: US 34 @ Marketplace $135,000 $108,000 $18,090 $8,910 Drive (80°/0') (13.4%) (6.6%) Combination Roadway Lighting $11,000 $0 $0 $11;000 (10.0%) Traffic Signals: US 34 @ Countryside $135,000 $108,000 $18,090 $8,910 Parkway (80%) (13.4%) (6.6%) Combination Roadway Lighting $11,000 $0 $0 $11,000 (100%) Traffic Signals. US 34 @ Autumn Greek $135,000 $108,000 $18,000 $8,910 Drive (800/6) (13 4%) (6-6%) Combination Roadway Lighting $11,000 $0 $0 $11,000 (1000/0) Traffic Signals: US 34 @ Bristol Ridge $135,000 $108,000 $18,090 $8,910 Drive (80%) (13.4%) (6.6%) Combination Roadway Lighting $11,000 $0 $0 $11,000 (100%) Optional Emergency Pre-Emption $20,000 $0 $0 $20,000 Units at 5 Intersections, Total 10 (100%) Units, Elected by the City New Elective 5' Concrete $23,000 $18,400 $0 $4,600 Sidewalk (Where None Currently (80%) (20%) Exists) Work Item Total Cost Federal State City Elective to Wide Hot Mix Asphalt $210,000 $168,000 $0 $42,000 10' Shared Use Trail (80%) (20%) City Water Main & Sanitary Sewer $20,000 $0 $0 $20,000 Related Items (100%) Subtotals $22,000,000 $17,521,600 $4,278,160 $200,240 Preliminary & Construction $3,300;000 $2,628,240 $641,724 $30,036 Engineering @ 15% Land Acquisition $2,000,000 $0 $2,000,000 $0 Utilities $200.000 $0 $200,000 $0 Grand Total $27,500,000 $20,149,840 $7,119,884 $230,276 Cost to City $230,276 Say $230,000 CR:Iw/cr 7-22-11 Agreement US 34 66884 Illinois Department of Transportation Division of Highways/ Region 2/ District 3 700 East Norris Drive/Ottawa, Illinois/61350-1628 Telephone 815/434-6131 May 2, 2012 Mr. Bart Olson, City Administrator City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Resolution of Intent U.S. 34 (FAP 591) (Proposed Shared Use Trail Between IL 47 and Orchard Road) Kendall County Contract#66884 Dear Mr. Olson. Attached for review and execution by the Yorkville City Council are two copies of a Resolution of Intent relating to the proposed shared use trail to be constructed along the north side of U.S. 34 between IL 47 in Yorkville to Orchard Road in the village of Oswego. On April 23, 2012, representatives of Oswego, Yorkville and Kendall County met with IDOT staff at the IDOT District 3 office. Laura Schraw and Brad Sanderson represented Yorkville at the meeting. Focus of discussion was the proposed construction of a 10 foot wide bituminous shared use path. Such a path would involve the participation of the three local agencies. All local government attendees favored the proposed trail which requires a 20 percent local share of cost for construction and local agencies committing to all future maintenance of the facility. Consequently, IDOT has prepared a Resolution of Intent for each respective administration to formally commit to funding and maintaining the shared use trail. A written commitment from the local agencies is required before the state can proceed with acquiring the needed added rights of way and assuming the expense of integrating the said trail into the highway design plans. Please review the terms of the resolution. If your officials agree to the content of the resolution, please return one of the two enclosed copies to the IDOT District 3 office in Ottawa, with the required original signatures. If you have any questions or concerns about the resolution, feel free to contact Lou Paukovitz of this office at(815) 434-8473 or Louis.Paukovitza-Illinois.gov. Your assistance in this matter is appreciated. Sincerely, Eric S. Therkildsen, P.E. Acting Deputy Director of Highways, Region Two Engineer 0, P. s By: Dan L. Mestelle, P.E. Program Development Engineer cc: Brad Sanderson Laura Schraw UNITED CITY OF YORKVILLE RESOLUTION NO. RESOLUTION OF INTENT U.S. 34: BETWEEN ILLINOIS 47 IN YORKVILLE AND ORCHARD ROAD IN OSWEGO WHEREAS, this Resolution of Intent is entered into by and between the State of Illinois, through its Department of Transportation, hereinafter called the STATE and the United City of Yorkville, hereinafter called the CITY. WHEREAS, the STATE, proposes to reconstruct U.S. 34 (FAP 591), beginning at a point located approximately 900 feet east of Illinois 47 within the city of Yorkville, and extending northeasterly 3.54 miles to Station Drive located approximately 300 feet west of Orchard Road (Kendall County Highway 9A) within the village of Oswego. See location map attached as Exhibit#1. The said project is identified under State Section (13C & 13)R &T, Contract No. 66884. The project's scope of work is primarily to reconstruct the existing two lane highway into a four to five lane curb and gutter urban type roadway, consisting of two through lanes for each direction of traffic and auxiliary turn lanes at various locations. This project is currently funded within the STATE's FY 2013- 2018 program. WHEREAS, in accordance with STATE policies, the option of providing pedestrian and cycling accommodations alongside the same segment of U.S. 34 are to be given consideration by both the STATE and local government agencies that adjoin the road project. The STATE shall assume all rights of way costs for the pedestrian/cycling accommodations. Construction cost for the said trail is to be at an 80 percent STATE and 20 percent local share of cost. WHEREAS, the primary purpose of this Resolution of Intent is to secure commitments from all involved local agencies to assure a continued and complete shared use trail along U.S. Route 34, from Illinois 47 in Yorkville to Orchard Road in Oswego. WHEREAS, on April 23, 2012, representatives of the city of Yorkville, village of Oswego, Kendall County and the Kendall County Forest Preserve District met with STATE officials at the Illinois Department of Transportation, District 3 office in Ottawa, Illinois, at which time a shared use trail along U.S. 34 for bicycle/pedestrian use was discussed. All parties agreed to participate in funding the construction of an "Alternate#1" version of shared use trail presented at the meeting. Alternate #1 consists of constructing a 10 foot wide bituminous surface trail along the north side of U.S. 34. (See proposed typical section of Alternate#1 trail attached as Exhibit#2). Further, each local agency agreed to provide 20 percent of the cost and provide future maintenance of only those portions of the said trail that is located within their respective jurisdictions. The majority of the proposed shared use trail is to be 10 feet wide and have a bituminous surface. The trail's width may vary to 8 feet wide at some isolated locations due to physical limitations and/or extending circumstances. WHEREAS, there exists a need for the STATE to obtain written commitments from local governmental agencies so to determine the extent of the shared use trail that is to be constructed. The STATE will not proceed with the expense of acquiring added right of way and/or incorporating the design of a shared use trail into the project plans until local agencies commit to assuming 20 percent of the trail's construction cost and assuming future full maintenance of the said trail following its completion of its construction. Consequently, Resolutions of Intent with the same provisions are being submitted to all affected local agencies that adjoin the proposed U.S. 34 project. WHEREAS, of the total 3.54 miles of project distance, the CITY has agreed to assume responsibility of shared use trail from the west terminus of the project (900 feet east of Illinois 47) and extending easterly 2.76 miles to the CITY's east corporate limits. The CITY's participation commitment also includes those existing unincorporated areas that are technically outside and inter-dispersed between the corporate limits of Yorkville. The CITY will assume 20 percent share of shared use trail construction cost to be built along the north side of U.S. 34 and provide or cause to provide full maintenance of the completed trail from the west terminus of the project located 900 feet east of Illinois 47 easterly 2.80 miles to the city's east corporate limits. The CITY's estimated cost for the trail is $76,000 plus 15 percent additional charge for preliminary and construction engineering. Final costs will be based on actual bid unit process of the awarded contract. NOW, THEREFORE, BE IT RESOLVED, that in accordance with the provisions of this Resolution of Intent, the United City of Yorkville, Illinois by action taken here, agrees to assume 20 percent construction cost and provide or cause to provide all future maintenance of the described bituminous surface shared use trail along the entire north side of U.S. 34 from the west terminus of the project near Market Place Drive easterly 2.76 miles to the CITY's east corporate limits. The CITY further agrees that should the CITY later reverse its decision and not participate in the shared use trail, the CITY will remain obligated to reimburse the STATE for all the local 20 percent share of engineering and right of way costs the STATE had incurred in designing the shared use trail. The CITY further agrees to later enter into a formal agreement with the STATE within the STATE's fiscal year when the subject U.S. 34 project is to be constructed. Final design plans and updated cost estimates of the shared use trail will be provided to the CITY at the time of the formal agreement. The CITY is hereby directed to transmit one copy of this Resolution of Intent with the necessary original signatures and certification seals to the STATE through its Deputy Director of Highways at the Illinois Department of Transportation, District 3 Office, 700 E. Norris Drive in Ottawa, Illinois, 61350. (SIGNATURES ON NEXT PAGE) Passed and approved by the United City of Yorkville City Council this day of , 2012. APPROVED ATTEST Gary Golinski, Mayor Beth Warren, City Clerk Date EXHIBIT #1 i' .w' To,tiiwr,XLEV R 7 E R IL'FAP749 KANE r rrrr r t?ASEL•NE ° I �. LOCATION MAP NA 47 .... w I Mon U.S. 34 (FAP 591) Pop. STATE SECTION (13C & 13) R&T �► KENDAL ENTIRE LENGTH OF PROJECT "•"•.� L COUNTY #' IS 3.54 MILES FROM A POINT i s'� j, ,•'`�� 900 FT. EAST OF ILLINOIS 47 E IN YORKVILLE EASTERLY TO '�` ' ' •4• �•-••�'r �� , s STATION ST., LOCATED 300 FT. ' Oswego EAST OF ORCHARD ROAD POP,29.012 6LS.' (COUNTY HWY. 9A) IN OSWEGO ,• 'r} w ca • t1:' S � .J.a `'� � t � ?,• `• •. �541 ►•, • ' r •., ,•10 �s,•Er_ �• 71 .... %+ r 34 • «. 211 or Ile 5g - ..... pa w COLLINS • - r r[s?, • rr�f. �` r • ...••� .24 24 VAN EhVM4N q . ... !. • k 16 +t RESERVAo TI N !- �'• 1 1' M I[ .i. , w. fit/ r ....}....,w._........,...�....... + .: r qjr tir 47 t 126 —�— CL •,n . 3 CEG01 •Q i ! i Y u. s 2. j �,h1ENT RD ` \ GALES LN --"-j KNEELER RD it . 1159 �— I - r � L =I 11ALKER i , �� i RD !� J EXHIBIT #2 w zU) aw °Q L-Li viii �> a: U) �.- wz J Q o � z � o 0-y W Il- Ln O } U/ + uj Dom. 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W=)Q Vi C)�O U 3.1 O OWOOCI' J Of U I � Ii 1 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal ❑ ADM#1 Finance ESL -� 1836 Engineer ❑ -_� City Administrator ■ Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ ADM 2012-29 � Police F-1 Public Works ❑ Agenda Item Summary Memo Title: Water Infrastructure Fee Reauthorization Meeting and Date: City Council —June 26, 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: City Council EST. -�` Yid 1s36 From: Bart Olson, City Administrator -- � � CC: Date: June 21, 2012 C<wrMY Sad LE Subject: Ordinance renewing the Water Infrastructure fee Summary An ordinance extending the water infrastructure improvement and maintenance fee through April 30, 2013. Background This item was discussed by the Administration Committee at their May meeting. The recommendation from the committee was to move the agenda item forward to City Council by a vote of 3-1. The packet materials from that meeting are attached. The committee unanimously directed staff to add a sunset clause into the ordinance of April 30, 2013. Recommendation Staff recommends approval of the ordinance. Memorandum To: Administration Committee EST. 1 _ 1836 From: Rob Fredrickson, Finance Director O 6 Date: May 9, 2012 9 Boa, p Subject: Extension of Water Infrastructure Fee KantlaElCOUnry <LE The following attachments project out Water Fund revenues and expenses through FY 2017. The FY 2012 projected revenues column has been adjusted to include the April 2012 billing. Debt Service, along with Developer Commitments (Grande Reserve Court Order), account for half of all Water Fund expenses in FY 2013, as indicated by Attachment C. In addition, debt service will spike this year to nearly$1.4 million(due primarily to a$416,000 increase in 2006A debt service amounts), before leveling off to approximately$1.17M in FY 2014 through FY 2017. When originally issued, these bonds were anticipated to be repaid from revenues generated from connection fees. However, due to a downturn in the housing market, the necessary revenue from water connection fees needed to satisfy debt service has not occurred. As a result, in May of 2010 a Water Infrastructure Fee was implemented in order to bolster projected revenue shortfalls associated with debt service. Due to the fact that the majority of Water Fund expenses are comprised of debt service, it would be difficult to make up for revenue shortfalls by cutting expenses relating to contractual services and supplies without drastically reducing services connected with City water operations. The only significant capital item budgeted out of the Water Fund is the Route 47 water main expansion, which is estimated to cost $1.16M spread out over ten fiscal years beginning in FY 2013. This project is scheduled to take place in concurrence with IDOT's Route 47 roadway project, thereby saving the City significant surface restoration costs. In future fiscal periods, as the housing market begins to recover, the City may be able to recover some of its costs associated with the water main expansion through connection fees. If this were to occur, the City may be able to reduce or eliminate the infrastructure fee. Based on the attachments and the information presented above, it is the recommendation of staff that the water infrastructure fee be implemented through FY 2017. The infrastructure fee could be repealed at a future date at the discretion of Council, should connection fee revenue be sufficient to cover debt service payments for the Water Fund. As indicated by attachment B, without revenue generated from water infrastructure fees, the Water Fund is projected to be in a deficit position by FYE 2014 and have a negative fund balance equivalency of approximately $2.5 million by the end of FY 2017. This would also have a detrimental effect on the City's aggregate cash-flow position, which does not have the excess funds to support a negative fund balance equivalency position in the Water Fund. Attachment A-Includes Infrastructure Fee Water Fund (51) The Water Fund is an enterprise fund which is comprised of both a capital and operational budget.The capital portion is used for the improvement and expansion of water infrastructure, while the operational side is used to service and maintain City water systems. FY2012 FY2013 FY2010 FY2011 Adopted FY2012 Adopted FY2014 FY2015 FY2016 FY2017 Actual Actual Budget Projected Budget Projected Projected Projected Projected Revenue Taxes - - 133,866 133,524 133,454 138,041 130,423 - - Licenses&Permits - - - 3,990 - - - - - Charges for Service 1,844,416 2,503,003 2,425,250 2,564,323 2,527,871 2,555,945 2,555,945 2,555,945 2,555,945 Investment Earnings 3,204 1,888 2,000 282 300 300 300 300 300 Reimbursements - - - 1,771 7,466 7,977 8,522 9,101 9,720 Miscellaneous 31,410 40,793 50,000 43,106 50,000 50,000 50,000 50,000 50,000 Other Financing Sources 81,750 82,850 83,863 83,863 82,288 82,988 83,588 84,088 84,488 Total Revenue 1,960,780 2,628,534 2,694,979 2,830,859 2,801,379 2,835,251 2,828,778 2,699,434 2,700,453 Expenses Salaries 346,853 346,735 377,000 354,000 382,000 372,000 372,000 372,000 372,000 Benefits 55,606 57,450 65,700 65,700 219,720 230,527 244,922 260,675 277,914 Contractual Services 409,076 401,482 401,850 379,362 501,200 516,463 532,173 548,669 565,990 Supplies 260,178 264,324 360,300 329,800 294,124 285,769 288,630 291,691 294,967 Capital Outlay 176,448 - 96,000 - 132,000 126,000 126,000 126,000 126,000 Contingencies (66,431) - - - - - - - - Developer Commitments 114,944 275,865 275,868 275,868 160,923 - - - - Debt Service 703,053 834,453 903,277 903,277 1,396,016 1,172,802 1,168,384 1,163,054 1,166,825 Other Financing Uses 75,569 91,863 91,863 91,863 - - - - - Total Expenses 2,075,296 2,272,172 2,571,858 2,399,870 3,085,983 2,703,561 2,732,109 2,762,089 2,803,696 Surplus(Deficit) (114,516) 356,362 123,121 430,989 (284,604) 131,690 96,669 (62,655) (103,243) Ending Fund Balance Equivalent 339,359 695,723 683,405 1,126,712 842,108 973,798 1,070,467 1,007,812 904,569 16.35% 30.62% 26.57% 46.95% 27.29% 36.02% 39.18% 36.49% 32.26% $1,500 Fund Balance Equivalent $1,000 0 L ~ $500 $0 Attachment B-No Infrastructure Fee Water Fund (51) The Water Fund is an enterprise fund which is comprised of both a capital and operational budget.The capital portion is used for the improvement and expansion of water infrastructure, while the operational side is used to service and maintain City water systems. FY2012 FY2013 FY2010 FY2011 Adopted FY2012 Adopted FY2014 FY2015 FY2016 FY2017 Actual Actual Budget Projected Budget Projected Projected Projected Projected Revenue Taxes - - 133,866 133,524 133,454 138,041 130,423 - - Licenses&Permits - - - 3,990 - - - - - Charges for Service 1,844,416 2,503,003 2,425,250 2,564,323 1,852,871 1,880,945 1,880,945 1,880,945 1,880,945 Investment Earnings 3,204 1,888 2,000 282 300 300 300 300 300 Reimbursements - - - 1,771 7,466 7,977 8,522 9,101 9,720 Miscellaneous 31,410 40,793 50,000 43,106 50,000 50,000 50,000 50,000 50,000 Other Financing Sources 81,750 82,850 83,863 83,863 82,288 82,988 83,588 84,088 84,488 Total Revenue 1,960,780 2,628,534 2,694,979 2,830,859 2,126,379 2,160,251 2,153,778 2,024,434 2,025,453 Expenses Salaries 346,853 346,735 377,000 354,000 382,000 372,000 372,000 372,000 372,000 Benefits 55,606 57,450 65,700 65,700 219,720 230,527 244,922 260,675 277,914 Contractual Services 409,076 401,482 401,850 379,362 501,200 516,463 532,173 548,669 565,990 Supplies 260,178 264,324 360,300 329,800 294,124 285,769 288,630 291,691 294,967 Capital Outlay 176,448 - 96,000 - 132,000 126,000 126,000 126,000 126,000 Contingencies (66,431) - - - - - - - - Developer Commitments 114,944 275,865 275,868 275,868 160,923 - - - - Debt Service 703,053 834,453 903,277 903,277 1,396,016 1,172,802 1,168,384 1,163,054 1,166,825 Other Financing Uses 75,569 91,863 91,863 91,863 - - - - - Total Expenses 2,075,296 2,272,172 2,571,858 2,399,870 3,085,983 2,703,561 2,732,109 2,762,089 2,803,696 Surplus(Deficit) (114,516) 356,362 123,121 430,989 (959,604) (543,310) (578,331) (737,655) (778,243) Ending Fund Balance Equivalent 339,359 695,723 683,405 1,126,712 167,108 (376,202) (954,533) (1,692,188) (2,470,431) 16.35% 30.62% 26.57% 46.95% 5.42% -13.92% -34.94% -61.26% -88.11% r $2,000 Fund Balance Equivalent $1,000 $0 ($1,000) ($2,000) ($3,000) Attachment C-Expenses with Percentages Water Fund (51) The Water Fund is an enterprise fund which is comprised of both a capital and operational budget.The capital portion is used for the improvement and expansion of water infrastructure,while the operational side is used to service and maintain City water systems. FY2012 FY2013 FY2010 FY2011 Adopted FY2012 Adopted FY2014 FY2015 FY2016 FY2017 Actual Actual Budget Projected Budget Projected Projected Projected Projected Revenue Taxes - - 133,866 133,524 133,454 138,041 130,423 - - Licenses&Permits - - - 3,990 - - - - - Charges for Service 1,844,416 2,503,003 2,425,250 2,564,323 1,852,871 1,880,945 1,880,945 1,880,945 1,880,945 Investment Earnings 3,204 1,888 2,000 282 300 300 300 300 300 Reimbursements - - - 1,771 7,466 7,977 8,522 9,101 9,720 Miscellaneous 31,410 40,793 50,000 43,106 50,000 50,000 50,000 50,000 50,000 Other Financing Sources 81,750 82,850 83,863 83,863 82,288 82,988 83,588 84,088 84,488 Total Revenue 1,960,780 2,628,534 2,694,979 2,830,859 2,126,379 2,160,251 2,153,778 2,024,434 2,025,453 Expenses Salaries 346,853 346,735 377,000 354,000 382,000 12.38% 372,000 13.76% 372,000 13.62% 372,000 13.47% 372,000 13.27% Benefits 55,606 57,450 65,700 65,700 219,720 7.12% 230,527 8.53% 244,922 8.96% 260,675 9.44% 277,914 9.91% Contractual Services 409,076 401,482 401,850 379,362 501,200 1624% 516,463 19.10% 532,173 19.48% 548,669 19.86% 565,990 20.19% Supplies 260,178 264,324 360,300 329,800 294,124 9.53% 285,769 10.57% 288,630 10.56% 291,691 10.56% 294,967 10.52% Capital Outlay 176,448 - 96,000 - 132,000 4.28% 126,000 4.66% 126,000 4.61% 126,000 4.56% 126,000 4.49% Contingencies (66,431) - - - - 0.00% - 0.00% - 0.00% - 0.00% - 0.00% Developer Commitments 114,944 275,865 275,868 275,868 160,923 5.21% - 0.00% - 0.00% - 0.00% - 0.00% Debt Service 703,053 834,453 903,277 903,277 1,396,016 45.24% 1,172,802 43.38% 1,168,384 42.76% 1,163,054 42.11% 1,166,825 41.62% Other Financing Uses 75,569 91,863 91,863 91,863 - 0.00% - 0.00% - 0.00% - 0.00% - 0.00% Total Expenses 2,075,296 2,272,172 2,571,858 2,399,870 3,085,983 2,703,561 2,732,109 2,762,089 2,803,696 Surplus(Deficit) (114,516) 356,362 123,121 430,989 (959,604) (543,310) (578,331) (737,655) (778,243) Ending Fund Balance Equivalent 339,359 695,723 683,405 1,126,712 167,108 (376,202) (954,533) (1,692,188) (2,470,431) 16.35% 30.62% 26.57% 46.95% 5.42% -13.92% -34.94% -61.26% -88.11% Ordinance No. 2012- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR AN EXTENSION OF THE WATER INFRASTRUCTURE IMPROVEMENT AND MAINTENANCE FEE 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, expenses to be paid by the City's water fund include operational expenses and expenses incurred in expansion of the water system, namely repayment of bonds; and, WHEREAS, due to a decrease in water tap-on fees and an expected increase in bond payments, there is an anticipated deficit for the water fund; and, WHEREAS, in order to diminish the anticipated water fund deficit, the City now desires to extend the water infrastructure improvement and maintenance fee. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 7, Chapter 5, Section 5-1, Subsection (A) (1) of the United City of Yorkville Code of Ordinances is hereby deleted in its entirety and replaced with the following: 1. All water users shall be charged a water infrastructure improvement and maintenance fee of$8.25 per month through April 30, 2013. Section 2. All ordinances or parts of ordinances conflicting with any of the provisions of this Ordinance shall be and the same are hereby repealed. Section 3. If any Section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. 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 Ordinance No.2012- Page 1 CHRIS FUNKHOUSER DIANE TEELING LARRY KOT JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. 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 CIP Reviewed By: K 0 Legal Agenda Item Number 06 Finance El City Council Report#1 ESL -� _L 1836 Engineer ❑ City Administrator 0 0 �� y Human Resources E] Tracking Number �'�! © Community Development ❑ Police ❑ EDC 2012-20 Public Works ❑ Agenda Item Summary Memo Title: Ordinance directing the sale of real property—Old Post Office Meeting and Date: City Council—June 26, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N /A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: This item was requested to be put on the agenda by Alderman Colosimo, Alderman Funkhouser, Alderman Munns, and Alderwoman Teeling. Packet materials from the COW meeting have been included for your ease of use. Memorandum To: City Council EST. -�` Yid 1s36 From: Bart Olson, City Administrator -- � � CC: Date: June 7, 2012 C<wrMY Sad LE Subject: Resolution for the sale of public property Summary Consideration of a request for bids on the City's Old Post Office building, located at 201 W Hydraulic Street. Background The City purchased the Old Post Office building from the US Postal Service (USPS) in February 2006. At the time, the USPS was moving out of its smaller, outdated downtown facility, to a larger, newer facility off of Countryside Parkway. Under the USPS's rules, they were allowed to offer the property to the City and then sell it. The appraised price of the property, at the time, was $300,000 and the USPS agreed to sell it to the City for $275,000. After the City purchased the property, the Parks and Recreation department was given the facility as its administrative offices. Prior to their move into the facility, the Parks and Recreation department decided to renovate the facility for $100,000. The facility was used as the administrative offices of the Parks and Recreation department for the next 4 years. In 2010, the Parks and Recreation department moved all employees up to the REC Center, for strategic purposes. Since then, the facility has primarily been used as a recreation programming space. Currently, there are an average of 5-6 programs held in the facility per week. Classes being held in the facility usually run on Monday, Wednesday and Friday at various times throughout the day (2-3 per day, 1-2 hours per class) and may include "Let's Speak Spanish!", "Ready, Set, Go!", and"Wild Wild West". All of these classes would be moved with minimal issues, should a proposal be approved by the City Council. Interested buyers Several weeks ago, members of the City were approached by a developer interested in purchasing the site from the City with the intent to turn it into a commercial property. We believe that developer has since decided to move on to other properties in Yorkville, but we have been approached by another party interested in turning the site into either a light manufacturing or commercial development. The plans initially discussed by the first developer and the second developer both fit within the downtown TIF redevelopment plan. For purposes of protecting their future proposals, staff can not elaborate upon the specific development proposals. Process for selling public property As a non-home rule municipality, we can sell public property in only one of two ways. The first method involves hiring a real estate agency, public auctioneer, or directing staff to sell the property, but not at a price less than 80% of an appraised value. This method ends up costing the municipality in real estate agency fees or auction fees, and requires the municipality to spend money getting an appraisal. Further, this first method does not allow the municipality to sell property at less than 80% of its appraised price—even though there may be good reasons for doing so (such as stimulating downtown development). The second method to sell property involves an RFP process. The municipality firsts passes a resolution directing staff to solicit bids (contemplated in this agenda item), to publish notices soliciting bids, and to set a date where the proposals are opened by the City Council and reviewed. After the opening, the City Council may select any proposal they see as beneficial, and approve it with a 3/4 majority. This sale method offers the City more flexibility in the final proposal by being able to trade a lower purchase price for development commitments (i.e. maybe we would consider selling it for cheaper, if the property were significantly renovated). It also gives the City an auction-type process,perhaps encouraging more developers to come forward with better bids. Finally, the REP process still allows the City to reject all bids should they decide not to sell the property. For these reasons, staff recommends the RFP process as the preferred method to sell public property, if the City Council chooses to explore the sale of the Old Post Office. Additional items to consider While the ultimate decision to sell the property does not need to be made for a few months (after the RFP process), the following details should also be considered in any decision to sell the property: 1) The City's Downtown Vision Plan called for a long riverwalk from the east end of Riverfront Park,under the Route 47 bridge, and across to the park on West Hydraulic. It may be prudent to include a requirement that a portion of the Riverfront be retained by the City for future access (can be accomplished through an easement). 2) This property has not been on the property tax rolls since the USPS originally purchased it, decades ago. If the City sells the property to a business entity, the property will be put back on the tax rolls, resulting in a large incremental property tax increase for the Downtown TIF fund(meaning, the City will have more money generated by that single property for redevelopment). 3) Should the City Council approve a bid that requires TIF assistance via a TIF agreement, that TIF agreement and purchase contract would have to again be published after it is approved by City Council. This process involves, essentially a second 30-day RFP, whereby any developers have the right to come to the City and put forward a better offer or development idea for the property. Again, this second RFP is only required if the City approves a sale offer that requires TIF assistance. Recommendation Since the City has received two preliminary inquiries about the property, staff is seeking direction from the City Council on initiating a request for bids through the RFP process by resolution. Ordinance No. 2012- ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, DIRECTING THE SALE OF REAL PROPERTY WHEREAS, the United City of Yorkville, Kendall County, Illinois, is a non-home-rule municipality pursuant to Article VII, Section 7 of the Constitution of the State of Illinois of 1970 and the Illinois Municipal Code; and, WHEREAS, the City has determined that it is in the best interests of its citizens to sell certain real estate which is no longer needed for City operations, said property being commonly known as 201 West Hydraulic Street, Yorkville, Illinois, identified as parcel number 05-38-278- 007, and legally described as follows: The Westerly 49 feet, 9 3/4 inches of Lot I (Measured along the South line) and the Easterly 50 feet, 2.25 inches of Lot 2 (Measured along the South Line) in Block 8 of Blacks Addition to the Village of Yorkville, in the Village of Yorkville, Kendall County, Illinois, (the "Subject Property") all in accordance with the directions hereafter 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 T Pursuant to Section 11-76-2 of the Illinois Municipal Code (65 ILCS 511-14-1 et seq.), it is hereby determined to be in the best interest of the citizens of the United City of Yorkville that the City proceed to sell the property commonly known as 201 Hydraulic, Yorkville, Illinois, as hereinabove legally described, because said property is no longer needed for City operations; and, as required by said Section 11-76-2 of the Illinois Municipal Code, the City Administrator is hereby directed to publish a notice for three (3) consecutive weeks in the Kendall County Record, being a newspaper published in the United City of Yorkville, requesting bids on the sale of the Subject Property and including the following information: Ordinance No.2012- Page 1 (i) The current zoning of the Subject Property is B-2, General Business District, which permits general commercial and offices uses; (ii) That all bids are to be sent to: BID Response, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois, Attention: Bart Olson, City Administrator; and, (iii) That bids shall be accepted until 5:00 p.m. on August 13, 2012, and opened at a meeting of the Committee of the Whole of the City Council of the United City of Yorkville on August 13, 2012 at 7:00 p.m. Section 2. The first of the three (3) publications of the notice of sale shall occur on or before July 12, 2012. Section 3. The Mayor and City Council shall have the right to accept or reject any and all bids and may accept the high bid or any other bid determined to be in the best interest of the City by a vote 3/4ths of the Corporate Authorities then holding office, but only a majority vote is required to reject all bids. Section 4. 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. Ordinance No.2012- Page 2 United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2012. CHRIS FUNKHOUSER GEORGE T. GILSON,JR. CARLO COLOSIMO DIANE TEELING JACKIE MILSCHEWSKI MARTY MUNNS ROSE SPEARS LARRY KOT APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this 26`h day of June,A.D. 2012. Mayor Attest: City Clerk Ordinance No.2012- Page 3 CIP Reviewed By: K 0 Legal ■ Agenda Item Number 06 Finance ■ Public Hearing ESL -� _L 1836 Engineer ❑ City Administrator ■ �� y Human Resources E] Tracking Number 0 �© Community Development ❑ Police ❑ Public Works ❑ Parks and Recreation ■ Agenda Item Summary Memo Title: REC Center Purchase Meeting and Date: City Council —June 26, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N /A Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Discussion/public hearing Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. -�` Yid W3s From: Bart Olson, City Administrator -- � � CC: Date: June 21, 2012 C<wrMY Sad �LE 14��' Subject: REC Center purchase contract Summary The first of three public hearings on the consideration of a purchase contract for the REC Center for$2.5 million at 6% interest over 20 years. Background The City entered into a lease agreement for use of the REC Center facility in 2008, and moved into the facility in July 2008. The term of the lease agreement was for 5 years (July 2013 expiration) with a 5 year option term. Notice of intent to renew the lease was due in December 2011. In December 2011, the City Council decided to not renew the lease. The lease agreement had a purchase option in the agreement for$4 million,plus or minus costs for equipment and facility upgrades. Since December, the City has been in negotiations with the property owner for purchase of the property. The Adhoc Recreation Facility Alternatives Committee met several times to discuss the purchase of the REC Center vs. renting a new space, building a new facility, and partnering with the school district. The final recommendation matrix is attached to this memo. The outcome of the original series of meetings was a recommendation that the REC Center purchase was likely the best option for recreation facilities because it was the cheapest way to provide recreation services (pending acquisition negotiations). However, the YMCA has expressed interest in a partnership to operate the facility, and discussions are ongoing. The next Adhoc Recreation Facility Alternatives Committee meeting is set to be held on Monday, July 9th at 7pm. The terms of purchase The attached term sheets contains the details of the major terms of the purchase contract. At time of packet creation, final language for the sections in the purchase agreement were not agreed upon by both parties—so the final purchase contract will be distributed to City Council prior to the July public hearing. In general, the agreement is a 20-year installment purchase contract at a purchase price of $2.5 million with 6% simple interest. The purchase contract includes the 38,000 square foot unit of the REC Center, all equipment and fixtures associated with the facility, the four rental properties on the north side of the property(1,200 sf each) and the 4.5 acre property on which the building sits. The contract will also contain a no-prepayment clause. The main reason the property owner was willing to sell the property for less than market value was that the property is a self- financed purchase installment contract. The owner was not interested in selling the property for less than the previously agreed upon $4 million. For reasons explained below, the City could not afford to pay$4 million to the property owner and—$2.5 million of interest costs to a bond holder. For those reasons, the owner requires a no-prepayment clause The contract will contain provisions for property inspections by the purchaser. Those inspections are currently being conducted by staff. The inspections are being conducted under the premise that the property owner should fix whatever building items were out of code prior to the City's lease of the facility. If the purchase contract is approved by City Council, the closing would be scheduled for June or July 2013 (when the current lease agreement ends). Analysis The most often discussed point of the REC Center acquisition proposal revolves around whether the City can afford to purchase the facility. On its face, the potential acquisition of a $2.5 million property can seem contradictory to the financial struggles the City went through. However, a closer analysis of the budget for the REC Center shows how the budget can absorb a purchase cost—and how the cost to purchase the building may be more financially advantageous than renting the facility. The affordability of the facility revolves around two topics: customer base and monthly payment. The main reason that the City is able to consider the purchase of the facility is that the building purchase is accompanied by the business purchase—customer base, equipment and all. With the existing 1,400 members comes about $600,000 in revenues. This $600,000 is the majority of revenues in REC Center budget, and allows the City to hire staff, run programs, and maintain the building. As discussed by the Adhoc Recreation Facility Alternatives Committee, any other option contemplated by the City requires us to uproot our customer base through a location change, or requires us to build a customer base from scratch. When faced with the prospect of significantly reduced revenues from a small customer base, our ability to afford other options is lost. The monthly payment to the landlord or seller is the second topic. The $2.5 million plus 6% interest is structured as a purchase installment contract—meaning that the City will make monthly payments to the seller for 20 years. Since the City currently makes lease payments to the landlord, the only difference will be that the City gains equity from the purchase installment payments. The final year of the lease agreement has the City paying the landlord$228,000 annually. The purchase installment contract will have the City paying just under$215,000 annually, a savings of$13,000 per year over the lease agreement. If the purchase agreement is approved, a few other revenues and expenses will change in the REC Center budget. The most obvious is the rental units in the building will be owned by the City, and thus the City will receive the rental income from the units. At current rental rates, rental income will range from$14,000 to $19,000 per unit annually. Another change will occur on the expense side: property taxes. Since the City is a governmental entity,property taxes will be all but eliminated. Since the City is currently on the hook for property tax payments in the lease agreement, this will result in a$60,000 savings to the City. The only property taxes that will remain will be for the rental units. While each rental agreement states that the tenants in those units are to pay their share of the property taxes, they have not paid since the City began the lease of the building(pursuant to our lease agreement). It is staff's opinion that although the property taxes could legally revert to the tenants, the additional cost of the property taxes would push their location expenses far beyond the average rental costs in the Yorkville area. Thus, we have not calculated those property taxes as a savings to the City. Additionally, since property taxes are paid in arrears, the City will still have to make a partial year's payment the fiscal year after the property purchase. The final change on the expense side is the maintenance on the building. If the City owns the building, all maintenance responsibility reverts to the City. Currently, the structure, fagade, and the replacement of major mechanical items are still the responsibility of the landlord. So, the City has estimated an additional $25,000 in repair and maintenance costs per year. Many of the major components of the pool and most of the large HVAC units have been replaced by the City in the past 5 years, and have been replaced with more efficient and reliable equipment. All of the changes discussed above are reflected in two budget documents attached to this memo. The first document contains a budget snapshot, complete with updated FY 12 projections. In short, the staff at the REC Center has done a magnificent job of managing the facility and its budget and has managed to cut the budget deficit by$45,000. In fact, they would have been in positive territory but for some end of fiscal year HVAC replacements. The second document contains a budget snapshot, should the City purchase the REC Center. That document reflects: 1) Rental income from the units in the building a. Positive change of$50,000 per fiscal year 2) The lease payments turning into purchase installment payments a. Positive change of$13,000 per fiscal year 3) The elimination of property tax payments a. Positive change of$60,000 per fiscal year, after FY 14 4) Additional maintenance costs, due to ownership a. Negative change of$25,000 per fiscal year The simple math on those figures yields a potential budget improvement of$98,000 per year, should the property be purchased. This positive change added to the current budget deficit of $22,000 yields a potential budget surplus of$76,000. For conservative budgeting purposes, we show the potential budget surplus at$35,000 in the attached document. Finally, the City hired an appraiser to perform an appraisal of the facility during the property negotiations. That appraisal is attached, and came back with an appraisal price of$3.5 million. Process This meeting represents the first of three planned public hearings, before City Council consideration in September. Additional public hearings will be conducted at the July 24th and August 281h City Council meetings. This item will first be open for City Council consideration at the September 11th City Council meeting. J� 0 Memorandum To: City Council ESL ---- 1836 From: Bart Olson, City Administrator CC: Date: June 21, 2012 Subject: REC Center term sheet 1) Purchase price- $2.5 million 2) Interest- 6% 3) Term - 240 monthly payments (20 years) 4) Monthly payment amount- $17,910.78 5) Principal and interest- $4,298,586.35 6) Property components - 4.5 acres 43,000 sf building, including four rental units @ 1,200 sf each All equipment and fixtures in the facility 7) Closing on property- June/July 2013 8) Inspection rights - Seller has right to inspect property in full 9) Closing fees - TBD A B C D REC Center Purchase Lease New$12-$20 S.F. Build New$SM-$10M School Partnership PRO PRO PRO PRO Membership base Custom space(blank canvas) Have available City land Best use of tax dollars Almost budget neutral Flexibility-one or two yr lease Ultimate blank canvas Community partnership No initial outlay Timing Limited maintenance(new) budget More facility for less City$ Rental properties attached Excitement Increase the customer base Location Ownership Limited maintenance budget Room for expansion Excitement and community trust Taxes lost Own asset CON CON CON CON Location Limited uses Expensive (land, building, equipment) Timing(operations, City funding) Age Loss of services New customer base Lack of concrete details Maintenance Customer base Timeframe Involving another entity Deal to be negotiated Parking Paying for two spaces for awhile (scheduling, intergovernmental) Taxes lost Equipment outlay Bonding Unknown operational budget Locked in No ownership Referendum Referendum Size of available space Unknown operational budget Competing w/Club 47 Lack of local options Competing w/Club 47 Expensive Neighbors Unknown budget Competing w/Club 47 REC Center Budget, by City Council for budget Recreation Center FY 2009 FY 2010 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014 Actual Actual Actual Budget Projected Budget Proposed 80-000-44-00-4440 PROGRAM FEES 121,406 123,073 130,565 125,000 97,070 100,000 80-000-44-00-4441 CONCESSION REVENUE 8,372 12,915 14,692 12,500 10,661 12,500 - 80-000-44-00-4444 MEMBERSHIP FEES 321,099 387,975 418,685 410,000 465,488 450,000 - 80-000-44-00-4445 GUEST FEES 7,517 4,303 7,072 3,500 8,939 7,000 - 80-000-44-00-4446 SWIM CLASS FEES 17,060 30,949 27,013 35,000 30,932 25,000 - 80-000-44-00-4447 PERSONAL TRAINING FEES 11,576 12,603 8,055 15,000 4,910 10,000 - 80-000-44-00-4448 TANNING SESSION FEES 2,817 2,590 2,072 2,500 2,489 2,500 - 80-000-46-00-4670 REIMB-EMPLOYEE INS CONTRIBUTIONS - - - - - - - 80-000-46-00-4671 REIMB-LIFE INSURANCE - - - - - - - 80-000-48-00-4820 RENTAL INCOME 4,698 4,056 7,103 5,000 13,017 13,000 - Creative Kernels-131 E Hydraulic River City Roasters-131 E Hydraulic 80-000-48-00-4846 SCHOLARSHIPS/DONATIONS 3,447 3,176 3,170 2,000 760 2,000 - 80-000-48-00-4850 MISCELLANEOUS INCOME 100,000 1,400 1,591 500 297 500 - Revenue 597,992 583,040 620,018 611,000 634,561 622,500 - 80-800-50-00-5010 SALARIES AND WAGES 27,886 34,068 33,542 34,200 27,377 28,000 - 80-800-50-00-5015 PART-TIME SALARIES 90,600 101,640 96,666 98,000 88,234 100,000 - 80-800-50-00-5020 OVERTIME 953 - - 500 - - - 80-800-50-00-5046 PRE-SCHOOL WAGES 35,781 22,644 38,362 35,000 30,255 35,000 - 80-800-50-00-5052 INSTRUCTORS WAGES 59,912 52,734 56,418 65,000 54,181 60,000 - 80-800-52-00-5212 RETIREMENT PLAN CONTRIBUTION 4,088 8,804 11,529 10,000 10,051 10,181 - 80-800-52-00-5214 FICA CONTRIBUTION 15,658 16,034 17,074 17,708 15,368 17,708 - 80-800-52-00-5216 GROUP HEALTH INSURANCE - - - - - 1,200 - 80-800-52-00-5222 GROUP LIFE INSURANCE - - - - - 123 - 80-800-52-00-5223 DENTAL INSURANCE - - - - - - - 80-800-52-00-5224 VISION INSURANCE - - - - - - - 80-800-54-00-5412 TRAINING&CONFERENCES 660 - - - - - - 80-800-54-00-5415 TRAVEL AND LODGING 157 - - 200 - 200 - 80-800-54-00-5426 PUBLISHING&ADVERTISING 859 1,478 732 1,500 192 1,500 - 80-800-54-00-5440 TELECOMMUNICATIONS 2,051 2,357 4,379 3,600 3,153 3,600 - 80-800-54-00-5447 SCHOLARSHIPS - 216 389 900 - - - 80-800-54-00-5452 POSTAGE&SHIPPING 73 180 - 600 - 600 - 80-800-54-00-5462 PROFESSIONAL SERVICES 7,152 22,433 32,851 17,700 15,810 20,000 - 80-800-54-00-5480 UTILITIES 42,628 46,796 55,117 49,000 46,030 55,650 - 80-800-54-00-5485 RENTAL&LEASE PURCHASE 177,131 214,558 215,000 226,500 223,647 236,000 18,500 80-800-54-00-5490 DUES AND SUBSCRIPTIONS 174 89 - 200 114 200 - 80-800-54-00-5495 OUTSIDE REPAIR AND MAINTENANCE 26,691 20,012 13,627 21,200 37,751 15,000 - 80-800-54-00-5496 PROGRAM REFUNDS 3,840 7,837 8,473 5,500 4,727 5,500 - 80-800-54-00-5497 PROPERTY TAX PAYMENT - 26,320 53,680 53,680 61,503 70,000 35,000 80-800-56-00-5606 PROGRAM SUPPLIES 18,631 19,119 11,676 17,000 12,125 15,000 - 80-800-56-00-5607 CONCESSION SUPPLIES 5,234 11,615 10,029 6,300 6,302 7,000 - 80-800-56-00-5610 OFFICE SUPPLIES 5,045 2,383 1,730 2,600 892 2,600 - 80-800-56-00-5620 OPERATING SUPPLIES 7,332 5,330 4,543 6,200 7,039 6,200 - 80-800-56-00-5630 SMALL TOOLS&EQUIPMENT 6,678 4,100 8,525 6,300 - - - 80-800-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 22,278 3,178 3,180 1,000 1,000 1,000 - 80-800-56-00-5640 REPAIR AND MAINTENANCE 14,184 9,355 9,768 11,000 11,371 11,000 - 80-800-56-00-5645 BOOKS AND PUBLICATIONS 105 - - 50 30 50 - 80-800-56-00-5695 GASOLINE - - - 300 282 300 - 80-800-60-00-6020 BUILDING&STRUCTURES 99,837 - - - - - - Expenses 675,618 633,279 687,289 691,738 657,432 703,612 53,500 Surplus(Deficit) (77,626) (50,240) (67,272) (80,738) (22,870) (81,112) (53,500) (77,579) (127,819) (195,087) (308,434) (217,957) (367,521) (421,021) -11.48% -20.18% -28.39% -44.59% -33.15% -52.23% REC Center Budget 1 1 •d Recreation Center FY 2012 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Budget Projected Estimate Proposed Projected Projected Projected Projected 80-000-44-00-4440 PROGRAM FEES 125,000 97,070 97,000 96,000 96,000 96,000 96,000 96,000 80-000-44-00-4441 CONCESSION REVENUE 12,500 10,661 10,500 10,500 10,500 10,500 10,500 10,500 80-000-44-00-4444 MEMBERSHIP FEES 410,000 465,488 465,000 455,000 455,000 455,000 455,000 455,000 80-000-44-00-4445 GUEST FEES 3,500 8,939 8,500 8,000 8,000 8,000 8,000 8,000 80-000-44-00-4446 SWIM CLASS FEES 35,000 30,932 30,000 28,000 28,000 28,000 28,000 28,000 80-000-44-00-4447 PERSONAL TRAINING FEES 15,000 4,910 5,000 10,000 10,000 10,000 10,000 10,000 80-000-44-00-4448 TANNING SESSION FEES 2,500 2,489 2,500 2,500 2,500 2,500 2,500 2,500 80-000-46-00-4670 REIMB-EMPLOYEE INS CONTRIBUTIONS - - - - - - - - 80-000-46-00-4671 REIMB-LIFE INSURANCE - - - - - - - - 80-000-48-00-4820 RENTAL INCOME 5,000 13,017 13,000 13,000 13,000 13,000 13,000 13,000 Rental income from REC Center units - - - 50,000 50,000 50,000 50,000 50,000 80-000-48-00-4846 SCHOLARSHIPS/DONATIONS 2,000 760 2,000 1,000 1,000 1,000 1,000 1,000 80-000-48-00-4850 MISCELLANEOUS INCOME 500 297 500 500 500 500 500 500 Revenue 611,000 634,561 634,000 674,500 674,500 674,500 674,500 674,500 80-800-50-00-5010 SALARIES AND WAGES 34,200 27,377 28,000 28,000 28,000 28,000 28,000 28,000 80-800-50-00-5015 PART-TIME SALARIES 98,000 88,234 95,000 100,000 100,000 100,000 100,000 100,000 80-800-50-00-5020 OVERTIME 500 - - - - - - - 80-800-50-00-5046 PRE-SCHOOL WAGES 35,000 30,255 33,000 35,000 35,000 35,000 35,000 35,000 80-800-50-00-5052 INSTRUCTORS WAGES 65,000 54,181 60,000 60,000 60,000 60,000 60,000 60,000 80-800-52-00-5212 RETIREMENT PLAN CONTRIBUTION 10,000 10,051 10,181 10,181 10,181 10,181 10,181 10,181 80-800-52-00-5214 FICA CONTRIBUTION 17,708 15,368 17,708 17,708 17,708 17,708 17,708 17,708 80-800-52-00-5216 GROUP HEALTH INSURANCE - - 1,200 1,200 1,200 1,200 1,200 1,200 80-800-52-00-5222 GROUP LIFE INSURANCE - - 123 123 123 123 123 123 80-800-52-00-5223 DENTAL INSURANCE - - - - - - 80-800-52-00-5224 VISION INSURANCE - - - - - - - - 80-800-54-00-5412 TRAINING&CONFERENCES - 80-800-54-00-5415 TRAVEL AND LODGING 200 - 4 200 200 200 200 200 200 80-800-54-00-5426 PUBLISHING&ADVERTISING 1,500 192 1,500 1,500 1,500 1,500 1,500 1,500 80-800-54-00-5440 TELECOMMUNICATIONS 3,600 3,153 3,600 3,600 3,600 3,600 3,600 3,600 80-800-54-00-5447 SCHOLARSHIPS 900 - - - - - - - 80-800-54-00-5452 POSTAGE&SHIPPING 600 - 600 600 600 600 600 600 80-800-54-00-5462 PROFESSIONAL SERVICES 17,700 15,810 17,000 20,000 20,000 20,000 20,000 20,000 80-800-54-00-5480 UTILITIES 49,000 46,030 50,000 50,000 50,000 50,000 50,000 50,000 80-800-54-00-5485 RENTAL&LEASE PURCHASE 226,500 223,647 236,000 8,000 8,000 8,000 8,000 8,000 Building purchase payment 215,000 215,000 215,000 215,000 215,000 80-800-54-00-5490 DUES AND SUBSCRIPTIONS 200 114 200 200 200 200 200 200 80-800-54-00-5495 OUTSIDE REPAIR AND MAINTENANCE 21,200 37,751 20,000 15,000 15,000 15,000 15,000 15,000 80-800-54-00-5496 PROGRAM REFUNDS 5,500 4,727 5,500 5,500 5,500 5,500 5,500 5,500 80-800-54-00-5497 PROPERTY TAX PAYMENT 53,680 61,503 70,000 - - - - - 80-800-56-00-5606 PROGRAM SUPPLIES 17,000 12,125 15,000 15,000 15,000 15,000 15,000 15,000 80-800-56-00-5607 CONCESSION SUPPLIES 6,300 6,302 7,000 7,000 7,000 7,000 7,000 7,000 80-800-56-00-5610 OFFICE SUPPLIES 2,600 892 2,600 2,600 2,600 2,600 2,600 2,600 80-800-56-00-5620 OPERATING SUPPLIES 6,200 7,039 6,200 6,200 6,200 6,200 6,200 6,200 80-800-56-00-5630 SMALL TOOLS&EQUIPMENT 6,300 - - - - - - - 80-800-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 80-800-56-00-5640 REPAIR AND MAINTENANCE 11,000 11,371 11,000 35,000 35,000 35,000 35,000 35,000 80-800-56-00-5645 BOOKS AND PUBLICATIONS 50 30 50 50 50 50 50 50 80-800-56-00-5695 GASOLINE 300 282 300 300 300 300 300 300 80-800-60-00-6020 BUILDING&STRUCTURES - - - - - - - - Expenses 691,738 657,432 692,962 638,962 638,962 638,962 638,962 638,962 Surplus(Deficit) (80,738) (22,870) (58,962) 35,538 35,538 35,538 35,538 35,538 (308,434) (217,957) (276,919) (241,381) (205,843) (170,305) (134,767) (99,229) -44.59% -33.15% -39.96% -37.78% -32.22% -26.65% -21.09% -15.53% SUMMARY APPRAISAL REPORT OF 202 E. COUNTRYSIDE PARKWAY YORKVILLE, ILLINOIS PREPARED FOR CITY OF YORKVILLE PREPARED BY KRUEGER APPRAISAL SERVICES, INC. TERRY D. CHILDERS TED SCHNELLER KRUEGER APPRAISAL SERVICES, INC. 14 S.LINCOLNWAY http://www.kruegerinc.com TELEPHONE•(630)892-9700 NORTH AURORA,IL 60542 kruegerappraisal&aol.com COMMERCIAL FAx •(866)919-9793 July 29, 2011 File No. 8518-0711 Ms. Laura Schraw City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Appraisal of Property 202 E. Countryside Parkway Yorkville, IL 60560 Dear Ms. Schraw: As requested, we have made an inspection of and performed an appraisal on the afore referenced property. The purpose and objective of the appraisal were to estimate the market value of the afore referenced property. Our definition of market value,which is set forth in the body of this report, is intended to comply with the market value as defined by the Comptroller of the Currency under 12CFR, Part 34, Subpart C. This is a summary appraisal report which is intended to comply with the reporting requirements set forth under Standards Rule 2-2©)of the Uniform Standards of Professional Appraisal Practice for a summary use appraisal report.Also, the appraisal is intended to conform to the minimal appraisal standards under Title II of the Financial Institution 's Reform, Recovery and Enforcement Act (FIRREA) of 1989, amended June 7, 1994, and the Interagency Appraisal and Evaluation Guidelines of October 27, 1994. As this is a summary appraisal report, it presents only limited discussions of the data, reasoning and analyses that were used in the appraisal process to develop the appraisers'opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraisers'file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated below. The appraisers are not responsible for unauthorized use of this report. Therefore, subject to assumption and limiting conditions which are outlined in the body of this report, our estimate of present fair market value of the fee simple interest for the subject property, as of July 22, 2011, would be: THREE MILLION FIVE HUNDRED THOUSAND DOLLARS ($3,500,000) Respectfully KRUEGER APPRAISAL SERVICES, INC. T Terry D. Childers Ted Schneller, IFAS, President Staff Appraiser Review Appraiser State Certified-General-IL State Certified-General-IL License No. 533.001442 License No. 553.000510 Expiration: 09-30-11 Expiration: 09-30-11 TC/TS:scm TABLE OF CONTENTS PART 1 - INTRODUCTION SUMMARY OF SALIENT FACTS AND CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART II-PROPERTY DATA PURPOSE OF THE APPRAISAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 FUNCTION OF THE REPORT AND INTENDED USER/CLIENT . . . . . . . . . . . . . . . . . . . . . 19 HYPOTHETICAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 EXTRAORDINARY ASSUMPTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 DESCRIPTION OF REAL ESTATE APPRAISED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 DESCRIPTION OF THE IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 PART III -VALUATION HIGHEST AND BEST USE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 LAND VALUATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 COST APPROACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 INCOME CAPITALIZATION APPROACH TO VALUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8518-0711,Page 3 PART I -INTRODUCTION SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 202 E. Countryside Parkway Yorkville, IL 60560 Permanent Index Number: 02-28-126-010 Property Rights Appraised: Fee Simple Interest Census Tract No: 8904.00 Property Type: Health Club/Commercial Building Zoning: B-3, Service Business District, Yorkville Land Area: 229,125± Sq. Ft., or 5.26±Acres Building Size: 42,130± Sq. Ft. Land/Building Ratio: 5.44:1 Real Estate Taxes: $61,502.78 for tax year 2010,payable in 2011 Highest and Best Use: Health Club/Commercial Effective Date of Value: July 22, 2011 Date of Inspection: July 22, 2011 Date of Report: July 29, 2011 Valuations: Cost Approach: $3,865,000 Sales Comparison Approach: Omitted Income Capitalization Approach: $3,000,000 Final Value Estimate: $3,500,000 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8518-0711,Page 4 SUBJECT PHOTOGRAPHS 1-Viewing subject from Countryside Parkway; north and west elevations 2-West and south elevations; retention area in foreground Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8518-0711,Page 5 SUBJECT PHOTOGRAPHS (Continued) 3-East elevation As llililliFie�t—,AM- AN;MEND-- moll 4-Viewing north through west lot Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-079>, Page 6 SUBJECT PHOTOGRAPHS (Continued) �t _ I e , f , a 5-Gym-lobby Y M i 6-Gym-office Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8518-0711,Page 7 SUBJECT PHOTOGRAPHS (Continued) Iq job^-E 7-Gym-basketball court L N N 8-Side gym Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8518-0711,Page 8 SUBJECT PHOTOGRAPHS (Continued) oil 9-Gym-exercise machine area a i I O-Gym-indoor track Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8518-0711,Page 9 SUBJECT PHOTOGRAPHS (Continued) rt 11-Gym-free weight room 12-Gym-studio 1 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 10 SUBJECT PHOTOGRAPHS (Continued) 13-Gym-studio 2 14-Gym-Munchkin Land Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 11 SUBJECT PHOTOGRAPHS (Continued) N 15-Gym-swimming pool 16-Gym-swimming pool Jacuzzi Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0719,Page 92 SUBJECT PHOTOGRAPHS (Continued) ow 17-Men's locker room M 18-Family men's locker room Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 13 SUBJECT PHOTOGRAPHS (Continued) n 19-Unit 202A-dining area 20-Unit 202A-kitchen Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 14 SUBJECT PHOTOGRAPHS (Continued) 21-Unit 202B-dining room c= � r A � •� i4 - Al to _4l � y* 22-Unit 202B-kitchen Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 15 SUBJECT PHOTOGRAPHS (Continued) 23-Unit 202C-reception area I rap t a 24-Unit 202C-styling area Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 16 SUBJECT PHOTOGRAPHS (Continued) 25-Unit 202D-view from the front of unit x 26-Unit 202D-viewing from the rear of unit Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 17 SUBJECT PHOTOGRAPHS (Continued) I IAN" 'A 27-Viewing east along Countryside Parkway; subject at right i 28-Viewing west along Countryside Parkway; subject at left Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 18 PART II-PROPERTYDATA PURPOSE OF THE APPRAISAL The purpose of this appraisal is to provide the appraisers' best estimate of the present fair market value of the fee simple interest in the subject real property as of the effective date. Market value, as utilized in this report, is defined by the Department of the Treasury Office of the Comptroller of the Currency under Title XI of the Federal Financial Institution's Reform,Recovery and Enforcement Act as of 1989 (FIRREA) final rule, effective August 24, 1990 as follows*: "The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: ► buyer and seller are typically motivated; ► both parties are well informed or well advised and acting in what they consider their own best interests; ► a reasonable time is allowed for exposure in the open market; ► payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and ► the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." *Source: Uniform Standards of Professional Appraisal Practice(Appraisal Foundation, 2008-2009 Edition),Pg. A76 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 19 FUNCTION OF THE REPORT AND INTENDED USER/CLIENT This appraisal is intended to assist the client and the intended user, City of Yorkville, in real estate acquisition decisions. This appraisal was ordered by Ms. Laura Schraw. HYPOTHETICAL CONDITIONS According to the Uniform Standards of Professional Appraisal Practice (USPAP), a hypothetical condition is "that which is contrary to what exists but is supposed for the purpose of the analysis. Hypothetical conditions assume conditions that are contrary to known facts about physical, legal, or economic characteristics of the subject property;or about conditions external to the property,such as market conditions or trends;or about the integrity of data used in an analysis."In the case of this report, no hypothetical condition has been supposed. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 20 EXTRAORDINARY ASSUMPTIONS An extraordinary assumption is defined by USPAP as"an assumption,directly related to a specific assignment, which, if found to be false, could alter the appraiser's opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property;or about conditions external to the property,such as market conditions or trends; or the integrity of data used in this analysis." Regarding this appraisal, the extraordinary assumption relates to site square footage utilized for the subject. The appraisers were not provided a legible plat of survey, but relied on a Sidwell Studio Map for site square footage. The appraisers reserve the right to amend this report should a plat of survey be provided. Additionally, signs of roof leakage were noted during the building inspection. Management informed us that necessary roof repairs have recently been completed and we assume no deferred maintenance was present. Finally, the appraisers were not able to make a complete interior inspection of the building. The appraisers have assumed to condition and quality of construction of the uninspected premises were similar that which was observed. We note that the gym portion of the subject as well as Unit D are currently leased by the City of Yorkville. Current lease data for the subject property was provided. We note that although the subject has four rental units attached,we have treated them as ancillary to the subject's primary use as a fitness facility. Those four units account for less than 12%of gross building area.Additionally,they are built into the southern wall of the building which has a ceiling height much greater than typical retail buildings. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 21 INTEREST VALUED Fee Simple CENSUS TRACT NO. 8904.00 EFFECTIVE DATE OF THE APPRAISAL July 22, 2011 DATE OF REPORT July 29, 2011 ESTIMATED EXPOSURE TIME Nine to Twelve Months ESTIMATED MARKETING TIME Nine to Twelve Months COMPETENCY STATEMENT The appraisers have the appropriate knowledge and experience necessary to complete the assignment and are in compliance with the Competency Provision of the USPAP. The appraisers' experience includes various properties such as the subject within the subject's market area. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 22 FURNITURE, FIXTURES AND EQUIPMENT Though the subject property is currently used as a health club facility, and there is a significant amount of related equipment, at the specific request of the client, our estimate of value does not include any of the equipment related to the operation of the property as a health care facility nor does our estimate of value include any other furniture, fixtures, equipment or any going concern value. ADDITIONAL APPRAISER'S CERTIFICATION Pursuant to the Conduct Section of the Ethics Rule of USPAP, "If known prior to accepting an assignment, and/or if discovered at any time during the assignment, an appraiser must disclose to the client, and in the subsequent report certification any serviced regarding the subject property performed by the appraiser within the three year period immediately preceding acceptance of the assignment, as the appraiser or in any other capacity." The subject of this appraisal assignment was previously appraised in the three years prior to this assignment. The appraiser is not aware of any other services,as an appraiser or in any other capacity,performed on the subject property by this appraiser or our office within the past three years. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 23 SCOPE OF WORK The scope of the appraisal assignment defines the extent to which data is collected, confirmed and reported. In that regard, the scope of this appraisal has involved the following: ► A physical inspection of the subject property and surrounding environs. ► Collection of all necessary and pertinent factual data regarding the subject property,using public and private records. ► Review regional, community and neighborhood factors and trends. ► Development of a highest and best use of the property. ► Extensive research,through various sources,to collect pertinent information for the cost and income capitalization approaches to value. ► Review and analysis of the cost and income data in order to arrive at opinions of value by the cost and income capitalization approaches. ► Preparation of our findings into a summary narrative appraisal report,including appropriate exhibits. The subjectproperty is something of a special-use type property. The majority of the building is used as a health club or fitness center. There is also a small portion (approx. 1201o) that is devoted to retail use. This is a somewhat A-typical configuration. This, coupled with the fact that, simply put, we found no comparable fitness or health club sales is the reason why we have omitted the sales comparison approach. As the subject property is 100% occupied and is 15±years old, it is our opinion that the cost and income capitalization approaches are sufficient to provide the reader with a reliable and credible estimate of market value. This summary report is a recapitulation of the appraisers'data,analyses,and conclusions.In the case of the subject property, per prior agreement with the client, and giving consideration to the complexity of the assignment,the depth of the analysis contained in this report is considered to be a Level `B"report. A Level"A"would be the least in-depth but yet still sufficient to comply with applicable guidelines and regulations. Level"C"would be the most in-depth,obviously at the least meeting, if not exceeding, applicable guidelines and regulations. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 24 Appraisal Assumptions The subject property is appraised for real estate value only; no going concern value or personal property is included in this analysis. Sales History of the Subject Property/Current Owner of Record Federal Regulations dictate that the appraisers indicate a three-year sales history of the subject property. After checking public records, there is no indication that the subject property has transferred ownership in the past three years. The current tenant,the United City of Yorkville,has an option to purchase the property from Walker Custom Homes, Inc. for a consideration of $4,000,000 starting the first year of occupancy and increasing $100,000 annually during the remaining years of the lease. The current option price is $4,300,000. After considering the cost approach, it appears that this option price is somewhat above market rate. We are aware of no transactions,either past or pending,which involve the subject property.The current owner of record is Walker Custom Homes, Inc., 62 Woodland Dr., Yorkville, IL 60560. Legal Description The appraisers were not furnished with a plat of survey nor a full legal description for the subject property. The subject property's PIN is 02-28-126-010. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 25 AREA ANALYSIS The subject property is located in the City of Yorkville which is considered part of the Chicago metropolitan area. Chicago is the third largest city in the United States and historically has been among the leaders in industry, commerce, transportation and financial centers. As of the most recent census, the Chicago metropolitan area has a population that exceeds 9.9 million. The tables on the following pages summarize historical and projected data for the Chicago metropolitan area. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0719,Page 26 AREA ANALYSIS (Continued) POPULATION BY COUNTY County 1990 2000 2010 (Census) 2020(Projection) Cook 5,105,067 5,376,741 5,194,675 5,325,801 DuPage 781,666 904,161 916,924 1,076,390 Kane 317,471 404,119 515,269 619,834 Kendall 39,508 54,544 114,736 145,549 Lake 516,418 644,356 703,462 836,269 McHenry 183,241 260,077 308,760 400,803 Will 357,313 502,266 677,560 909,158 Sources:US Census Bureau;2020- Woods and Poole Projections HOUSEHOLD INCOME Number of Income $25K to $50K to Income Median County Households <$25K $50K $100K 4100K Income Cook 1,953,418 19.6% 21.7% 33.0% 25.7% $61,671 DuPage 338,513 9.2% 17.0% 36.2% 37.6% $81,513 Kane 171,645 11.8% 20.1% 37.7% 30.4% $71,578 Kendall 36,116 9.7% 19.8% 46.0% 24.5% $69,581 Lake 253,502 10.3% 16.7% 32.9% 40.1% $83,869 McHenry 109,091 8.9% 16.8% 40.4% 33.9% $79,003 Will 233,187 9.4% 16.6% 38.4% 35.6% $80,420 Sources:Northern Illinois University Center for Governmental Studies Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0719,Page 27 AREA ANALYSIS (Continued) PER CAPITA INCOME Per Capita Per Capita Per Capita Index Index Index County 1990 2000 2010 1990 2000 2010 Cook $22,206 $33,918 $50,456 112 112 118 DuPage $28,093 $46,235 $60,120 146 157 147 Kane $21,244 $30,677 $37,671 111 108 95 Kendall $19,875 $31,158 $31,110 109 111 83 Lake $29,271 $46,203 $60,111 155 160 150 McHenry $21,988 $33,365 $39,750 116 117 101 Will $19,010 $29,948 $36,558 100 104 91 Sources: Woods and Poole Demographics 2010. Wealth Index for U.S. is 100. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-0719, Page 28 AREA ANALYSIS (Continued) LABOR FORCE FACTS Cook DuPage Kane Kendall Lake McHenry Will Potential 16+Yrs. 4,091,268 710,808 372,434 77,956 523,331 231,398 495,473 In Labor Force 2,726,502 524,503 271,418 59,234 385,071 176,647 363,827 In Civilian LF 2,725,097 524,357 271,341 59,234 373,118 176,561 363,655 Males in Civilian LF 1,260,919 269,794 138,587 31,227 192,085 92,359 185,925 Females in Civilian LF 1,136,153 225,360 112,559 25,083 155,505 73,914 152,478 Unemployed Males 196,244 17,751 12,147 1,798 15,670 6,788 15,649 Unemployed Females 131,781 11,452 8,048 1,126 9,858 3,500 9,603 Total Unemployed of 2,397,072 495,154 251,146 56,310 347,590 166,273 338,403 Civilian LF Self-Employed 92,294 18,326 9,003 2,614 15,712 6,651 11,434 White Collar 1,607,627 381,587 165,100 37,805 253,921 112,430 228,724 Males in Armed Forces 1,115 111 68 0 9,737 82 155 Females in Armed Forces 290 35 9 0 2,216 4 17 Males not in LF 554,821 65,665 38,619 6,539 48,497 18,076 49,267 Females not in LF 809,945 120,640 62,397 12,183 89,763 36,675 82,379 3Q2009 Avg. Employ.Total 2,510,125 580,757 200,359 19,789 320,645 98,182 196,552 3Q2009 Avg. Over 65 Yrs. 106,797 23,050 9,177 795 11,822 4,395 7,639 Total 2009 Over 65 626,037 105,078 44,994 7,394 71,117 33,510 60,392 Sources:Easy Analytic Data 2010;Local Employment Dynamics Data Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-0719, Page 29 AREA ANALYSIS (Continued) 2010 EDUCATION STATISTICS BY COUNTY <High Some Total Population School High School Some AA College&AA Bachelors Graduate Total With County Population 25&Over Education Degree Only College Degree Degree Degree Degree BA Degree Cook 5,304,373 3,385,303 612,407 845,394 667,927 209,589 877,516 646,666 403,320 1,049,986 DuPage 935,405 605,382 45,323 122,492 120,898 43,509 164,407 176,313 96,847 273,160 Kane 516,112 308,073 44,536 76,922 63,540 23,595 87,135 67,291 32,189 99,480 Kendall 106,651 66,168 4,803 19,362 16,467 6,636 23,103 13,408 5,492 18,900 Lake 715,633 437,375 43,753 93,983 88,182 27,818 116,000 115,271 68,368 183,639 McHenry 322,456 196,961 15,017 54,548 1 48,487 16,529 65,016 44,213 18,167 62,380 Will 688,978 416,621 37,868 117,869 99,021 35,630 134,651 88,320 37,913 126,233 Source:Easy Analytic Data 2010 2010 HOUSING STATISTICS BY COUNTY Median Housing Occupied Owner Renter Vacant Median Median Households Sale Foreclosures County Units Units Occupied Occupied Units Rent Home Value 2010 1 Q201 0 2009 Cook 2,039,598 1,953,418 1,130,240 823,178 86,180 $1,029 $235,986 1,953,418 $157,000 440,192 DuPage 346,227 338,513 260,459 78,054 7,714 $1,195 $286,877 338,513 $270,000 31,333 Kane 176,416 171,645 135,544 1 36,101 1 4,771 $1,028 $251,097 1 171,645 $171,321 1 35,460 Kendall 37,145 36,116 30,788 5,328 1,029 $1,052 $252,217 36,116 $201,500 11,373 Lake 261,348 253,502 201,221 52,281 7,846 $1,124 $307,816 253,502 $225,000 2,860 McHenry 112,045 109,091 92,323 16,768 2,954 1 $1,122 $261,688 109,091 $179,950 22,041 Will 241,116 233,187 200,604 1 32,583 7,929 $951 $235,311 233,187 $179,000 62,468 Source:Easy Analytic Data 2010 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8518-0711,Page 30 AREA ANALYSIS (Continued) 2010 LOCAL EMPLOYMENT BY INDUSTRY&COUNTY Industry Employment Cook DuPage Kane Kendall Lake McHenry Will Northern IL State of IL Total Employment 3,277,227 725,967 270,025 31,330 439,566 129,320 247,147 5,120,582 7,461,412 Farm 525 196 1,279 608 552 1,390 1,170 5,720 88,551 Forestry,Fishing,Related Activities& 1,075 264 382 63 523 304 242 2,853 13,465 Other Mining 2,368 531 305 33 445 118 376 4,176 17,426 Utilities 4,473 3,169 207 5 519 434 1,936 10,743 24,953 Construction 159,077 37,142 17,019 2,371 22,151 10,055 18,111 265,926 384,567 Manufacturing 224,456 60,751 33,462 4,420 51,773 18,585 20,126 413,571 656,085 Wholesale Trade 125,915 55,447 13,984 834 26,701 6,155 14,581 243,617 324,635 Retail Trade 257,615 75,116 24,038 4,811 50,004 15,958 30,181 457,723 710,615 Transportation&Warehousing 151,338 29,715 5,799 2,356 6,025 2,451 9,726 207,410 295,883 Information 70,085 16,250 5,973 226 4,685 1,453 3,695 102,367 135,635 Finance&Insurance 215,208 44,099 11,707 1,198 27,319 3,781 8,791 312,103 412,516 Real Estate&Rental&Lease 130,928 27,070 10,821 964 15,565 3,879 9,046 198,273 255,616 Professional&Technical Services 308,901 72,999 15,151 1,499 30,005 6,731 11,912 447,198 545,231 Management of Companies&Enterprises 47,190 19,089 740 45 9,119 712 1,171 78,066 97,082 Administrative&Waster Services 246,224 62,218 29,806 1,068 28,799 8,586 14,263 390,964 502,331 Educational Services 119,686 20,365 5,382 292 9,144 1,759 4,709 161,337 195,129 Health Care&Social Assistance 383,512 62,209 27,469 1,623 37,663 13,295 22,657 548,428 827,802 Arts,Entertainment,&Recreational 67,971 10,354 7,951 428 11,009 2,140 6,332 106,185 142,459 Accommodation&Food Services 210,430 39,760 14,490 1,893 24,584 7,694 17,386 316,237 468,726 Other Services,Except Public Admin. 204,339 34,960 13,176 2,328 23,052 7,639 14,732 300,226 447,895 Federal Civilian Government 40,857 5,287 1,679 124 5,280 544 952 54,723 85,240 Federal Military 10,439 1,753 922 166 16,842 581 1,184 31,887 45,436 State&Local Government 294,615 47,223 28,283 3,975 37,807 15,078 33,868 460,849 784,144 Total Government 345,911 54,263 30,884 4,265 59,929 16,203 36,004 547,459 914,820 Source:Northern Illinois University Center for Government Studies Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 39 AREA ANALYSIS (Continued) Conclusions As mentioned, behind Los Angeles and New York, Chicago is the third largest city in the United States. It continues to be one of the leaders in industrial,commercial,transportation,technological, and financial centers. It is expected that once the economy begins to recover from the recent recession, Chicago will continue to grow in the sectors which we have outlined. In our opinion, Chicago will continue to be attractive for companies and individuals due in part to its excellent transportation network,proximity to suppliers and customers,and the availability of both skilled and semi-skilled labor,as well as an extensive infrastructure.At present,the employment and population trends for the Chicago metropolitan area more or less mirror that of the rest of the nation in its current economic slowdown. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 32 REGIONAL MAP Pickeyville ° iota Orfordville° ..anesville -Burlington Somers Cuba City 11 W I S C IN I N > ' Paddock Lake, Kenosha Clarno_ ° Warren..... Newark Tort Pell Lake Pleasant Prairle Galena Orangeville° Durand Rockton Sharo Zion `Woodbine, Loves Round Lake Beach. Waukegan Cedarville° Dakota Park ! Woodstock o Lake Michigan Bellevue Freeport 20 o a o Crystal Lake North Chicago Lake Forest Green 76 Rockfoi�„_ �:� ° Cary 45 {h° Colo a Bland Mount Shannon Monroe —Algonquin° Wheeling°', orthbrook Carroll 2 Center St.Joseph° abi_la 1 ° °Forreston ArCfiigton Heights Genoa 58' Morton Grove Shoreha ° Miles Mount Morris EI Milledgeville° o sa Subject Berrien prin Fulton 40 Polo -De Kalbi y Chicago Harbert. 67. Fla 202 E.Countr side Clinton..: Ashton �� la Parkway o Lakeview g Morrison Dixon. _ ICHIGA De Witt 84 /” Franklin Yorkville,IL dson Sterflj 52 Grove o " ge Lorg.Beach° r L Park View Lyndon g Little Rock Bol- gbrook 171 r Pro hrtstown Tampico Amboy Sardmich ,rr iL, Michigan Cii--� 2 p I 26 03wego OGlrand Park°D on° y1 Ga sfe La Porte 61 Earlville 11 ° BetEendorF 52 Ohio Mendota H North Liberty° ° 78 Northville Sheridan Jolliet o a a21:: Me rillville 1alparaiso Koontz 'Moline Manlius -�_ Chaririahori Frankfort' ++ Lake Annawanv.__ Unive�)ty° -Crete ° Sherri rd Dalzell 23 Morris 53 rk own Point Neponset° Princeton Peru Ottawa Wilmington F°�Pkd LoI�ll Knox Camb dge Hennepin Gra d Ridge° Coal City �{vlanteno North Judson Culver. pha° Kewanee Bradford Tunica Braidwood f{ Morrence I N ❑ I A N A ° Woodhull Henry Streator Gardner Bradley ° o' Wyoming° 89 eading° 17 Kankakee 41 Medarydille° °Ontario Lacon Dwight Otto a ° Toluca Cornell Herscher ° Winamac Galesbur ° St.Anne ° g Odell Rensselaer ° Washburn. Beaver City° � ss Knoxville � West Hallock Fl agan 47 Cullom Clifton Broo Monon° 97 Rome Germantown ° 116 Pontiac 52 Royal London >r Hills Piper Watseka Kentland Monticello Center 116 „Mills Elmwood Peoria ° " city. Onarga L4 4mington gansport G Cruger I�EI Paso Fairbury Forrest 1 Fairview Citv 49 Earl Park Deer Creek Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 33 DESCRIPTION OF REAL ESTATE APPRAISED Overview The subject property is located in the City of Yorkville which is located in Kendall County, approximately 45 miles from Chicago's central business district.The current population of Yorkville is 16,921± and, generally speaking, is considered to be a bedroom community located in a newer growing area. Location Description The subject property, as mentioned, is located in the City of Yorkville, Kendall County, Bristol Township, with a common address of 202 E. Countryside Parkway. Subject Neighborhood The subject's neighborhood is located in the Route 47 commercial corridor of the City of Yorkville. The predominant land use in this neighborhood is commercial. The neighborhood is considered to be in the growth stage of its life cycle.At present,property values throughout the neighborhood are generally considered to be stable to slightly declining. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 34 DESCRIPTION OF REAL ESTATE APPRAISED (Continued) Site Description Location: 202 E. Countryside Parkway, Yorkville, IL The site is located at the south side of Countryside Parkway. Size: The subject site contains a gross area of 229,125±sq. ft., or 5.26±acres. Shape: "L"-shaped. Zoning: The subject property is zoned B-3, Service Business District in the City of Yorkville. The B-3, Service Business District classification permits a wide variety of commercial uses. In our opinion, the subject property is of adequate shape and size to facilitate the uses permitted in this zoning classification. Compliance: The present use of the subject property appears to comply with existing zoning. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 35 DESCRIPTION OF REAL ESTATE APPRAISED (Continued) Utilities: The subject site is serviced by all municipal and public utilities which include electric, gas, telecommunication infrastructure, and municipal sewer and water. Street Improvements: Countryside Parkway, on which the subject property fronts, is a four-lane, blacktop-paved east-west secondary commercial street with curbs, street lights and sidewalks. Ingress and Egress: For the purposes of the subject property's highest and best use,the site has adequate ingress and egress from adjacent Countryside Parkway. Topography and Drainage: The subject site is generally level and at road-grade. Drainage is facilitated by natural runoff to existing municipal storm sewers and on-site retention area. According to FEMA Map No. 17093C 0037G, dated February 4,2009, the subject property is located in a Zone X flood hazard area. This zoning classification has historically been known as an area of minimal risk, and typically most lenders do not require additional insurance coverage. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 36 DESCRIPTION OF REAL ESTATE APPRAISED (Continued) Soil and Subsoil Conditions: Soil boring tests were not made available to the appraisers at the time of this appraisal. However, based on an inspection of the subject improvements as well as adjoining improved properties, it appears that there are no adverse subsoil conditions affecting the subject site and this appraisal is subject to this condition. Surrounding Land Uses/Compatibility: The subject is located in a commercial area and is compatible with the neighborhood. Legal Restrictions: With the exception of those imposed by the subject property's zoning ordinance, as well as normal governmental ordinances,we are aware of no unusual or adverse legal restrictions affecting the subject's site. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 37 DESCRIPTION OF REAL ESTATE APPRAISED (Continued) Assessed Value and Taxes: It is the appraisers' experiences that according to state statutes, assessed values are required to be 33.33%of fair market value. It is the appraisers'experiences that assessed values are somewhat low due to the inaccuracies in the mass appraisal process.As a result,no conclusions are drawn from or are based on this value. Nonetheless,for the record,current assessed valuation and property tax data for the subject property is as follows: PIN: 02-28-126-010 Assessed Valuation: Land Value $201,918 Improvement Value 513.993 TOTAL $715,911 2010 Taxes, Paid in 2011 $ 61,502.78 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 38 NEIGHBORHOOD MAP Bristol m @ 1 20✓ i 10 1 axon AUroil Fa:ori Rd r— " Rd 'rte 7p K Subject 202 E.Countryside Parkway ACC Yorkville,IL i f 1 . m � I n 47 m 1 m � f 34 0 � f r1dr8m 4 N r 77 I � rk �- SPrin9 St r� E Main St ad - 24 Z: Yorkville � o rig Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8518-0711, Page 39 SITE SKETCH 40 Q 212.38 -0os V n z-010 v 184.81 02319 5.26 A � a ti N e, N N 543.34 489.$7 13. .09 ti Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8518-0791,Page 40 SITE PLAN �I I �� - 1 k� -..mow..•„•®.s... �..,.�._e.e9u tee+ 'n{ �� 'w 4• �r amt` ;? ➢� sw..wsrb,wt wa.'m "a.^'.an . Al ` ps�us 'r •t i Lr Pr:w.www. ME iL n..., �rlFff�P��k.o e.aa d.: i � �.k��is `ar.•.r+,...',.,w �� i�� '�k rn.■tea �°-^-•..or.•wrnvr.�, ar.,r•�raur•Ma.- 4 �/ �,t F F�www w,Nwa.mw untvv r3.Lh uermr. �1 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 49 FLOOD PLAIN MAP o Prepared far: InterF �•l Krueger Appraisal Services,Inc- QQ�.,1 � �a w^mss 202 E Countryside Pkwy www.interflaad,carn 1-800-252-6633 Yorkville,IL E0560-2013 i •'Y5 nd l { fum -+ 170341 AV � w FLOODSCA E r-.�•rz i r � W. m� FI M Hazards Map Map Number 1 17093C6437G Effective bate February d,2009 r ZONE X 0 n0 1200' = by FbmdSmuoe FLOOD r.•a.aoodcdrre.am n 199&2010 Sou roePr r andw FbodSource C�rporatoas.All rghts reserved.Patents 8.631,328 and 6,678,615.D&er pate r Lc p,r, gfbodsawoe.00m. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 42 DESCRIPTION OF THE IMPROVEMENTS A 1 1 1►"1 General Description and Current Occupancy The subject improvement consists of one-story, steel frame 42,130± sq. ft. commercial building constructed circa 1996 and containing a health club and four commercial units. The subject is currently 100% leased. General Data Actual Age: The subject improvements were constructed circa 1996, for an actual age of 15±years. Effective Age: The subject improvements have an effective age of 15±years,more or less equivalent to their actual age. Building Area: 42,130± Sq. Ft., GBA Land Area: 229,125± Sq. Ft./5.26±Acres Land/Bldg. Ratio: 5.44:1 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 43 DESCRIPTION OF THE IMPROVEMENTS (Continued) Construction Features Foundation: Assumed poured and reinforced concrete footings, piers, and floor slab. Framing: Steel skeleton system and load-bearing concrete block. Exterior Walls: Dryvit EIFS facade on the west and south elevations. Sheet metal on the north and east elevations. Windows: Thermal insulated glass in fixed aluminum frames. Clear Ceiling Heights: Estimated @ 25' clear. Roof: Metal deck atop steel skeleton. Roof Drainage: Aluminum gutters and downspouts. Electric and Lighting: 3-phase, 4-wire electric main service. Typically recessed or suspended vapor, fluorescent, or incandescent lighting fixtures. HVAC: Gas-fired heating and electric-powered air conditioning for the entire building. Plumbing: Multiple two-fixture restrooms,as well as four locker rooms, serve the facility. Multiple hot water heaters. Fire Protection: Partially sprinklered. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 44 DESCRIPTION OF THE IMPROVEMENTS (Continued) General Layout The building has entrances located at the west elevation for the health club and the south elevation for the four commercial units.A common hallway runs along the rear(north)of the four units to the health club, which occupies the bulk of the building area. The health club, containing 37,234± sq. ft., features a larger open area with a wooden floored basketball court with six nets and aerobic machine area surrounded by the three-lane rubber running track. It has a four-lane, 4' deep swimming pool with two women's and two mens's locker rooms, a daycare room, an auxiliary basketball court/batting area,a weight room,two dance rooms,a weight room,a reception area and smaller office areas, as well as assorted restrooms. Each commercial unit, having 1,197± sq. ft. in building area, has a two-fixture restroom. Interior Finish The interior finish of the health club is typically exposed insulation over steel skeleton system ceilings or walls, suspended acoustical the ceiling with recessed lighting, painted concrete block walls, painted or papered gypsum board wall partitions, and wood, carpeted, or vinyl tile floors. The four units typically features exposed insulation over steel skeleton system ceilings or suspended acoustical the ceiling with recessed or attached lighting;concrete block walls or gypsum board wall partitions; and carpeted, vinyl tiled, or wood floors. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 45 DESCRIPTION OF THE IMPROVEMENTS (Continued) Other Characteristics Number of Parking Spaces: 185 marked parking spaces, including five handicapped-accessible. Type of Surface: The area outside the building footprint is substantially asphalt-paved. Vehicular access is provided by two curb cuts along Countryside Parkway. Landscaping: The area at the periphery of the site is sodded lawn with ornamental trees and shrubs. Site illumination is provided by three metal pole-mounted light standards. Drainage and Retention: The far west portion of the site serves as flood water retention area. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 46 DESCRIPTION OF THE IMPROVEMENTS (Continued) CONCLUDED PROPERTY RATING Good Average Fair Poor N/A General Appearance or"Curb Appeal" x Quality of Construction/Material and Finish x General Condition of the Improvements x x Floor Plan and Layout x Plumbing - Adequacy and Condition x Electric - Adequacy and Condition x Expected Amenities - Adequacy and Condition x Additional Comments In our opinion,the subject property contains no functional inadequacies or super-adequacies.Also, excepting current economic conditions, we note no adverse external forces. The appraisers were provided with drawings on the building. The building description rendered herein is intended to be an overview of the basic physical characteristics of the subject improvements. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 47 BUILDING LAYOUT 0 0 u 0 0 0 0 0 0 G 0 0 . .... .... . 7-. 413 4- Aj 7-50T L o 4�1 4 . ............ LL le. c eL MM Z jr M-M ................. M A:Z: Z A4 Appraisal of 202 E. Countryside Parkway, Yorkville,IT KRUEGER APPRAISAL SERVICES, INC. File No. 8518-0711, Pqe 48 BUILDING ELEVATIONS (7 C V G G) 0 (D C) Q {? /y �°yy �y ryry yrrr��}J �l, /�+ �+nn�+"ww, a.w.e.x "n•_'.� �M.'.^e uxnw Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 49 PART III- VAL UATION HIGHEST AND BEST USE In analyzing the highest and best use of a property, consideration must be given to four criteria. These criteria would be applicable to both an"as vacant"and an"as improved"analysis.The criteria of highest and best use are 1)physically possible,2)legally permissible,3)financially feasible,and 4)maximally productive. The subject site is of adequate shape and size to allow a variety of structures and has adequate street frontage,level topography and good access and exposure.All utilities are immediately available and we assume that soil conditions are favorable. A wide variety of uses are physically possible on the site. The subject property is currently zoned B-3,Service Business District in the City of Yorkville.This zoning designation allows a variety of commercial-type uses. Based upon our analysis, it is our opinion that the highest and best use of the site, as vacant,would be for future development of a commercial-type use that could capitalize on the subject's location and zoning. Highest and Best Use as Improved We have examined the subject property in light of the four-part criteria of highest and best use which is legally permissible,physically possible,financially feasible, and maximally productive.Neither demolition of the existing improvements and redevelopment of the subject site nor modification of the existing improvements would result in a higher return to the land than is currently being achieved.The existing health club/commercial improvement is therefore concluded to be the highest and best use as improved. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 50 MARKET CONDITIONS AND TRENDS The subject is located in Yorkville, IL, in the Chicago Retail Shopping Center Western East-West Corridor Chicago market according to the 2Q2011 Costar Retail Market report. This submarket featured an overall vacancy rate of 13.2%.The vacancy rate for the Chicago Retail Shopping Center Chicago market as a whole as 12.3%,up from 12.2%in the first quarter.Asking rent rates have been decreasing over the last year. The 2Q2011 PriceWaterhouseCoopers Real Estate Investor Survey indicates overall capitalization rates ranging from 5.50% to 9.50% in the National Strip Center market. Discount rates ranged from 6.75% to 12.50% according to the PWC survey. Averaging marketing time ranged from two to eighteen months, averaging 8.05 months. MARKETABILITY OF THE SUBJECT PROPERTY The subject is located in the City of Yorkville just north of the Menard's commercial subdivision. Overall, the community and neighborhood provide a suitable setting for the subject property. We note that the subject is somewhat of a special-use property, although current retail market trends would be expected to have a similar impact on the marketability of the subject. We note that retail prices have fallen as much as 40% since the onset of the real estate correction in 2007. However, on the positive side,health club membership rose from 45 million to 50 million in 2010, according to the April issue of clubindustry.com.This same publication indicates that overall fitness revenue could increase 3%to 5%through 2012. As is the case with any property in the current economic climate,successful marketing is dependent upon aggressive and competitive pricing, professional and aggressive marketing and a somewhat protracted marketing period. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 59 LAND VALUATION The sales comparison approach is an appraisal technique by which market value is estimated directly by comparison of the subject property with current offerings and/or actual prices paid in recent market transactions for other similar and comparable properties. It is a process of analyzing and correlating similar properties recently sold and then adjusting them so they are related to the subject property. The reliability of this technique is dependent upon: ► The availability of sales data. ► The degree of comparability of each property with the subject property. ► Reliability of sales data. ► Appropriate adjustments for unusual conditions,if any,affecting price or terms of sale. The sales comparison approach is based upon the principal of substitution,which in this approach implies that a prudent person will not pay more to buy or rent a property than it costs to buy or rent a comparable substitute property. The basic steps involved in the application of this approach are as follows: ► Conduct research to obtain the most recent and comparable property sales and listings in the subject market area. ► Analyze the comparables and make appropriate adjustments between the subject and the sales for all significant differences in terms of sale,location,physical and functional features, financing terms and all other pertinent factors that have an effect on value ► Analyze and interpret the data on the basis of a common and relevant unit of comparison, such as price per acre, and estimate a final value conclusion The next pages contain descriptions of numerous sales that were selected for comparison with the subject property. The sales utilized are considered to be the best comparables available. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 52 LAND SALES SUMMARY ► Sale Date Sale Land Size Topo- ► Sale Price No. Location (SF) Zoning graphy Utilities ► Price/SF Comments 1 Lot 7 @ Station Rd. 132,858 SF B-3 Level All ► 07/2009 Irregularly-shaped Oswego,IL Available ► $1,104,500 interior parcel in the ► $8.31/SF Oswego Junction comm. subdivision. 2 Countryside Pkwy 84,506 SF B-3 Level All 12/2008 Irregularly-shaped interior &Route 47 Available $760,558 parcel set back from Yorkville,IL $9.00/SF Countryside Pkwy in the Menard's comm. subdivision. 3 12357 S.2481b Ave. 217,800 SF B-1 Level All 01/2009 Rectangularly-shaped Plainfield,IL Available $1,216,055 interior parcel purchased ► $5.58/SF by Plainfield Medical Center for expansion. 4 6684 Rte.47 173,677 SF B-3 Level All 02/11 Since improved with a car Yorkville,IL Available $1,506,500 care collision auto facility. ► $8.67/SF 5 3423 Orchard Rd. 47,648 SF B-3 Level All 06/10 Originally purchased to Oswego,IL Available ► $518,000 develop Taco Bell.At ► $10.87/SF present still vacant. 6 1240 Ogden Ave. 68,389 SF B-2 Level All 09/10 Purchased for eventual Montgomery,IL Available ► $1,300,000 development of a ► $19.01/SF carwash/care or Tide Dry Cleaning facility. 7 2700 Route 34 39,971 SF B-3 Level All ► 05110 Buyer confirmed a new Oswego,IL Available ► $636,000 pre-leased 2 unit retail ► $15.91/SF bldg.has been constructed on this outlot. List E.Countryside Pkwy 217,800 SF B-3 Level All Listing Sale listing located east of @ McHugh Rd Available $2,286,900 the subject dividable into 5 Yorkville,IL $10.50/SF one-acre lots. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8518-0711,Page 53 LAND SALES MAP Aurora 56 VV Indian Tr@ILL—,,,,:: 141 ..JE 'll -17F- Municipal 47 1- n. Hincklq 62 -1 -5M`7f,!- 38 Airrortt Sugar Grove L 30 40 9 Big Roc Aum SALE NO.5 U P A G E Woo..d idg K 33 N E 35 oI SALE NO. 7 24 tgomery rd St 53 .......... ........ . 10 SALE NO i 25 L le Roc S '95th St — , I N Clow International 17 SALE NO, 2 1 ingb I Airport 30 J] .,Bristol 1 t t 14 ar , ego Emi v Lyn' ppno- 34 ezgf SALE NO.5 00 ern r 88 P- 0 Ville ridwich ......... ! I SUBJ-ECT PROPERTY Listing I b SALE NO.3 J S ark a to 141 126 B ucher 1 71 Millh I rook 47 irie PmrL 126 1711 7 1 3 36 p rt LA SALLE SALE NO.4 lAutum 53 : T Fields Millington', 21, Park 59 30 Br 0 re Fa rmo t 70 _7 s . NpwArk, Co rii H @and(P)1988:.2008 Microsoft Corporation anifor Is suppliers.All rijits reserved Lib rty ark 56 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 54 LAND SALES ADJUSTMENT SUMMARY Sale No. 1 2 3 4 5 6 7 Listing Land Size(SF) 132,858 SF 84,506 SF 217,800 SF 173,677 SF 47,648 SF 68,389 SF 39.971 SF 217,800 SF Sale Price $1,104,500 $760,558 $1,216,055 $1,506,500 $518,000 $1,300,000 $636,000 $2,286,900 Sale Date 07/09 12/08 01/09 02/11 06/10 09/10 05110 Listing Price/SF $8.31/SF $9.00/SF $5.58/SF $8.67/SF $10.87SF $19.01/SF $15.91/SF $10.50/SF Financing Prop.Rights Conveyed Conditions of Sale Market Conditions Other Location + _ + - + Size — — - AccessNisibility Utilities/Infrastructure Zoning Topography = _ _ + Overall Adjustment - - + - - - Analysis High $19.01/SF Low $ 5.58/SF Average $10.98/SF Median $ 9.75/SF Conclude $ 6.50/SF Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 55 LAND VALUATION (Continued) Land Sales Analysis Sale No. 1 is a smaller parcel of land with a somewhat inferior location and visibility. Market conditions were superior at the time of sale. Overall, downward adjustment is made on a per-unit basis. Sale No. 2 is a smaller parcel of land with a somewhat inferior visibility and access. Market conditions were superior at the time of sale. Overall, downward adjustment is made on a per-unit basis. Sale No. 3 is a similarly-sized parcel of land with an inferior location. This was an assemblage, indicating atypical buyer motivation. Market conditions were superior at the time of sale. Overall, upward adjustment is made on a per-unit basis. Sale No. 4 is located north of Route 71 on the east side of Route 47. It was improved with a Car Care Collision Center. The site was cleared and storm water retention was in place but on-site. The affected site area is about 20,000 sq. ft. less, so the effective sale price is about $9.80/sq. ft. As mentioned, Sale No.5 was originally sold to Taco Bell for$13.00/sq.ft.in 2005.The buyer with regard to the current sale has no immediate plans to build a Taco Bell at this location;however,does have the franchise rights. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 56 LAND VALUATION (Continued) Sale No. 6 is an outlot of the retail development on Ogden Avenue which is anchored by J.C. Penney's and Menards.There was a deed restriction and a two year repurchase agreement if the site was not developed in two years. As of the writing of this report, this site is still vacant. Sale No. 7 is another outlot sale located in the Meier's anchored center. As mentioned, the buyer was going to construct a two-unit pre-leased retail building. The Listing is of a similarly-sized land parcel located east of the subject along Countryside Parkway. It is dividable into five lots, indicating superior utility. However, its location set at a distance from Route 47 is considered inferior. Asking prices for land typically are higher than selling prices, especially in this market. Overall, downward adjustment is made on a per-unit basis. Also, the reader should note that like Sale No. 4, the subject site has on-site storm water management which also would appear to facilitate the parcel that is located at the hard southeast corner of Countryside Parkway and Route 47 which is not part of the subject property. Therefore, the useable area of the subject site is somewhat less than the gross area. This was taken into consideration in arriving at a value for the site as vacant. The sales which we considered ranged in selling price on a per unit basis from $5.58/sq. ft. to $10.50/sq.ft.These sales were compared to the subject property with adjustments made for varying characteristics found to affect value. Considering this, we are of the opinion that the value of the subject site, as vacant, is between $6.00/sq. ft. to $7.00/sq. ft., or say $6.50/sq. ft. Based on the subject's total size of 229,125± sq. ft. @ $6.50/sq. ft., the value indication is $1,489,313,rounded to $1,490,000. Estimated Value of the Subject Site,As Vacant: $1,490,000 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES, INC. File No. 8598-079 9,Page 57 COST APPROACH In estimating a replacement cost for the subject,we have analyzed the Marshall Valuation Service cost figures, added amounts for those items not included in their figures (such as entrepreneurial profit) and tempered this estimate with our knowledge of actual construction costs for other properties of this type that have been recently built in the Chicagoland area. The appraisers have considered the subject improvement to be an Average Class S Fitness Center Building as defined by the Marshall Valuation Service. In conclusion, it is our opinion that an appropriate replacement cost for the subject property would be $135.29/sq. ft. This estimate does not include site improvement costs such as paving, service walks and landscaping. These will be shown separately on our Reproduction Cost Approach summary page. Accrued physical depreciation was calculated using the Effective Age/Total Economic Life Method. The subject property has a chronological age of 15±years. It has an estimated effective physical age of 15± years. Based upon the depreciation guidelines published in the Marshall Valuation Indexes, a total economic life of 35± years is representative of whatkind buildings similar to the subject property. Based upon the above figures, physical depreciation is calculated at being 45%. No functional obsolescence is reflected in the subject property or in its location. Although a recent survey indicates a significant increase in health club membership during 2010,retail property values as a whole have decreased as much as 40% since 2007. Therefore, we believe a reasonable allocation for external obsolescence is 20%. Entrepreneurial Profit The Appraisal of Real Estate, Twelfth Edition, Page 360, published by the Appraisal Institute, defines entrepreneurial profit as: "Entrepreneurial profit is a market-derived figure that represents the amount an entrepreneur receives for his or her contribution to a project and risk; the difference between the total cost of a property (cost of development) and its market value (property value after completion), which represents the entrepreneur's compensation for the risk and expertise associated with development." In the case of the subject property,we would estimate 8% for entrepreneurial profit. Our summary of the cost approach is presented on the following page. Appraisal of 202 E. Countyside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 58 COST MODEL Average Class S Fitness Center Building Base Cost $84.03 Add Sprinklers 2.00 Subtotal $86.03 Add Bldg. Perimeter&Height Multiplier x1.264 Total Base Cost $108.74 Times Time Factor(August, `09) x0.97 Subtotal $105.48 Times Location Factor(Aurora) x1.21 Subtotal $127.63 Plus Builders' Overhead Profit& Soft Costs (6%) 7.66 Estimated Replacement Cost 42,130 SF @ $135.29/SF $5,699,768 Estimated Reproduction Costs Of Improvements (as new): $5,699,768 Less: 45% Physical Deterioration: $2,564,895 0% Functional Obsolescence: $0 20% External Obsolescence: $1,139,953 Total Depreciation: (3,704,848) Depreciated Value of the Building: $1,949,919 Add Depreciated Value of Site Improvements: 185,000 Total Depreciated Value of Improvements: $2,179,919 Add Land Value: 1,490,000 $3,579,919 Plus 8% Entrepreneurial Profit: 286,393 $3,866,312 Rounded to: $3,865,000 Indicated Value of the Subject Property Via the Cost Approach: $3,865,000 Appraisal of 202 E. Countyside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 59 INCOME CAPITALIZATION APPROACH TO VALUE The income capitalization approach is an appraisal method which measures the anticipated future benefits of property ownership.The premise of this approach is that a property has a current market value which is equal to the present value of how much cash flow it will produce during its remaining economic life. The property's anticipated net income streams and its re-sale, or reversion, are capitalized into a present, lump-sum value. The three main recognized methods of converting the projected income streams into value are; Direct Capitalization; Yield Capitalization, which includes Mortgage/Equity and Discounting techniques; and Residual Techniques which can be used in both direct and yield capitalization. All methods must be appropriately supported by market data. These methods of capitalization will be discussed later in the "Capitalization" section of this approach to value. The reliability of this technique is dependent upon the reasonableness of the estimate of the anticipated net annual income and the duration of the net annual income, usually limited by the economic life of the improvements. The following steps were taken in the application of this approach: ► Conduct a search of the rental market for comparable buildings in the subject's market area and estimate the potential gross income. ► Conduct a survey of the typical expenses for comparable buildings in the subject's market area. Estimate appropriate expenses, deduct them from the potential gross income, and arrive at an estimate of net income. ► Conduct a market survey for market data to appropriately support one or more capitalization methods. ► Capitalize the net operating income into a value estimate through the use of one or more appropriate capitalization techniques. The above steps are fully discussed and analyzed in the following pages. Appraisal of 202 E. Countyside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 60 INCOME CAPITALIZATION APPROACH TO VALUE (Continued) CURRENTSTATUS The entire building is currently 100% leased. The main unit, as well as Unit D, is currently leased by the United City of Yorkville. The original term is five-years starting July 1,2008,with a five-year option to extend. The tenant is responsible for real estate taxes for the entire building, as well as electricity,water, sanitary sewer, telephone, alarm service, and refuse collection furnished to its premises, and the refuse collection for Units A, B, and C adjacent to its premises. A leasing execution fee of$100,000 will be deposited by the tenant in an escrow account for building improvements during the first five years of the lease. The tenant has an option to purchase the subject building for$4,000,000, increasing by$100,000 each year of the lease. The penalty not to exercise the option is $100,000. Also, we note that the lease includes the use of the exercise equipment during the first five years. The purchase option also includes an option to purchase the equipment which is separate from the purchase price of the real estate. The rent schedule is indicated below: Term Monthly Rent 7/l/2008-6/30/2010 $17,500 7/l/2010-6/30/2011 $18,000 7/l/2011-6/30/2012 $18,500 7/l/2012-6/30/2013 $19,000 07/1/2013 thru 6/30/2018 Increase by $500 per if option to extend lease exercised month per lease year Appraisal of 202 E. Countyside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 69 INCOME CAPITALIZATION APPROACH TO VALUE (Continued) Each of Units A, B, and C is currently leased. Each tenant is reportedly responsible for real estate taxes and common area maintenance. The annual rent schedules are indicated below. A-Guiseppe Giannola B-Village Grind Too C-Hair Creations Mo. Mo. Mo. Term Rent Term Rent Term Rent 12/31/2010-11/30/2013 $1,600 12/31/2011-11/30/2014 $1,750 1/1/2011-12/31/2014 $1,600 In order to determine current market rents, the appraiser has conducted a rental survey of similar properties located in the subject's Yorkville market area. The specific rental properties in arriving at economic rent for the subject property are set forth on the following pages. Appraisal of 202 E. Countyside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 62 Rental No. 1 1165-1185 N Bridge StW "eay a 1_a r � � f aatlftst Corridor Cluster 9uIdng Type: Ra memral Frentmang Woefbi,m EasMeat Gorr Subrnarket ®Og SIMM: B"It194m KerrdaM Cau.nty E l� g Vie: 4,717 SF YariMna,IL COW Tnlud Floof Sim: +4,707 SF Sm"- : 1 TotalMall: 1,3753F %LeasEel: 70.8% NmDrml Curer. - TV3iSpXesavail: 1 mailaEt Sp are: 1,575 SF Expenses: 2069 Tali g#1.40s'ar 6.dg VacaM: 1375 nEntes: Pylon Sign G-osa.Dt3ee: I L-47 S1rW.FrortXe IB3fee"on Brltlg3 S CMtt I curt,:ur Pa,klrg 20"re3 Sur'ao3 spaces ar3 available: Railo-o#425,'1,WO SF Appraisal of 202 E. Countyside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 63 Rental No. 2 2551 N Bridge St - Fiver North Retail Center Neer North ReWl Center Binding Tyke: RetalVStnreiront _aatl'Iw e Corridor Clueter "w : Exiiakc Weetam EaeGWest-Carr Sutmarket Eaildrig,ze: 15,000 SF Kendall County T�ral Fl=-Size: 15000 SF YaanrvlIla,IL GO%-D rleb: 1 evil ?r. TcUI Avail: 8,400 SF tlaugarlen_ - %Leased: *4.0% Fa^-,r-,e: Appraisal of 202 E. Countyside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 64 Rental No. 3 1929-1961 S Bridge St - Fountain Village of Yorkville LOCX-117 hounLalnVII[3geaYDrKWIM Euldr-37rpa: Rc-1aIV(ti94ghEti1WodCOM*q Lmr.h Suburban Glusr.3r Bog aat,s: ®u1112004 ,1o11a=iCanual MI I Submarkat <andall Gou nay TY00A �a,Ize: 2&,WO SF YorktiI lle,IL W590 glee: 1 'r31' TDtal Aaall: 8,784 SF %Leased: X67.3% -.. e_r Omer - To:atSpa0esAd311: 8 Sr7all2st ace: 1,000 SF Ep-NW.E: 2010 Tax,g$0.98J9i E•dig V°, Y.: 8704 AnEntea: P)lon Sign,Slgnage,Signalized Intareectlon 3trw.Fnart3ge: 333 fiat on&r10pa St.Cygltb 1 curb cute TlafcCodre 4A,SG4c&M per a3yonErldgeSt Raiklrg: 284free SurWs Spam areavallaNa: Ratlo of lC.l}ULODC SF Flea It hmm fiftor'tmft ahm c- o icerIM- 5°+ Tr TM ='1 IDOE-r,�� S,]_4 =___ =:S.CCM'"rr ':a�M "yr D•ec P 1 St 1,355 1,356 1.365 ;16,DD%mti WOMM 13 yr. Dkm =-1q :,339 # 33£ $MCERwr ':a®m °'Ir ]reG Appraisal of 202 E. Countyside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 65 Rental No. 4 SEC Route 47 & Route 126 mp 1 4i 3 - _aetMasi Corridor Clu®*ar = -%7-: RefUI S-Ap cant-3r, 'A'astern Eash'M:3t Corr Subwrket '- _ ._ .,>: 9ullfFab 7 xendall cm my 6.1 ; =: 15.OW SF YDrMle,IL G050 Typl a1�,.:��.s a: 15,MO SF u;arles: 1 :etelrper _ TDtal Avall: 2,OW 5F :sl3q�l°lell` - %Leased: 8&756 --.. :RcCwrer: - TccalSp3DK Mail: 2 smlllest-r,ltr3Ce: 1,M 5F 5 d9 VaGM : 20M Fa"KIrg: Ratco(5.0all,000S.F twm. aa,r! F7.-t—ft a c 11r•drry 7Wm 75b+ .[a] !.]Cr- Ircc SMIEN:nrr '43_ M 3-yrs _.. =.1!;t:Site°3 '1,611) I,06u 1.mD :'-mjvnm V21mm 33 ym Appraisal of 202 E. Countyside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 66 COMPARABLE RENTALS MAP On Rd -F Rd H p��rl 10 P 20.! / sn 13 r' q� r: cyan Lnl 0 tl 6 RENTAL NO.2 22 ti T l-- E 34 �o SUBJECT PROPERTY I Rd sdaafer Rd 70 Rd , - RENTAL NO, 1 Yorkville fgx5+ $ L Reservation Rd 16 _S 47 T Springs Fox} 5 RENTAL NO.4 3 State Park �. Sij X r RENTAL NO 128 e � Td �1 r•J� 1'I CopyrigH @%ndd PR11d988-2008 Microsoft Corporation andlor its sul tiers.All ri Ms reservedl:. Appraisal of 202 E. Countyside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 67 INCOME CAPITALIZATION APPROACH (Continued) Rental Data Analysis (Continued) The specific rental properties which were cited on the preceding pages all represent asking rent. It is our opinion that in the course of negotiation, some concessions will be made. These rental properties were compared to the subject property and adjusted for conflicting characteristics found to affect value.With regard retail rental rates,we have also considered a recent survey published by CB Richard Ellis which gives a market-wide view of rental rates. The subject is located outside of or on the fringe of what this survey considers to be the far southwest suburban sub-market. Current average net asking lease rates range from$15.76/sq. ft. to $19.72/sq. ft. annually. This survey also notes that the average vacancy for this sub-market is at approximately 11%. However, the overall occupancy in Yorkville with regard to retail properties is probably closer to 80%. Appraisal of 202 E. Countyside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 68 INCOME CAPITALIZATION APPROACH TO VALUE (Continued) Discussion of Rental Comparables Considering the rental comparables which we have discussed, it is our opinion that on the basis of a modified gross lease for the retail units that the contract rents are at,if not slightly above,market rates. With regard to the health club facility itself, simply put,we could find no rental comparables of similar health clubs.The health club rentals which were available basically were of smaller health club facilities such as Anytime Fitness,Cardinal Fitness,etc.These types of operations are generally under 10,000 sq. ft. and usually located in strip centers. Because of the health club's size (38,431 sq. ft.),it is our opinion that the rental rate should be significantly lower than the small inline units. Currently,contract rent for the health club is at$5,78/sq. ft.with the health club responsible for real estate taxes for the entire building. This,in our opinion,is slightly below market rates which would be closer to somewhere in the area of$6.00/sq. ft. to $7.00/sq. ft. However, since the current lease does run for some time including options,for the purposes of this analysis we will use contract rents. Potential Income Estimate We are projecting the subject's income on the basis of a modified gross lease. In this projection we have assumed that the tenant is responsible for the payment of routine maintenance on the building, all utilities, and real estate taxes. The landlord is responsible for insurance. Based on the foregoing,the potential gross income for the subject property in Year One is$269,400. This increases incrementally over our projected ten year holding period. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 69 INCOME CAPITALIZATION APPROACH TO VALUE (Continued) Vacancy and Collection Loss Allowance It is reasonable to expect some income loss over a period of time as a result of vacancy, tenant turnover and/or nonpayment or slow payment of rent by tenants. In estimating a vacancy rate for the subject property, we have given consideration to the current and historical occupancy level at the subject property,the occupancy levels at other commercial properties in the area and to the level of competition in the area. The subject is currently 100%occupied.Occupancy rates in the subject's market appear reasonably strong. A credit tenant, the United City of Yorkville, occupies approximately 91.5% of the total building area. Because of the current occupancy and tenant profile,we are estimating vacancy and collection losses during the first two years at 5%. However, beginning in the third year, we have increased our vacancy and collection loss allowance to 8%. This is due to the uncertainty with regard to whether or not the City of Yorkville will exercise its option to extend the lease. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 70 INCOME CAPITALIZATION APPROACH TO VALUE (Continued) Expense Analysis We have projected our income on a modified gross lease basis and we also analyze the expenses on this basis. The owner is responsible for the following expenses: The owner is responsible for the real estate taxes and common area maintenance during vacancy. With taxes at $1.45/sq. ft., we would estimate that taxes and common area maintenance would approximate$2.50/sq. ft.With vacancy estimated at 5%,unreimbursed tenant expenses or vacancy expense approximates$5,000/year.However,this increases to approximately$7,000/year beginning in Year Three, again, due to the increased vacancy and collection loss allowance with regard to the uncertainty as to whether or not the City of Yorkville will exercise its lease option. The owner is responsible for insurance, estimated at $7,500/year. We make a 3% allowance for management and leasing commissions. We have also allowed $1,800 annually to account for any possible legal, accounting or miscellaneous expenses. We also allow for reserves for replacement of major building components. Based on the building's age and condition, we allow $0.15/sq. ft. of building or $6,303 for this expense. The following page summarizes our estimate of stabilized income and expenses for the subject property for the next twelve months. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 71 Multi-Year Income Statement REFERENCE NO:8518-0711 PROPERTY:202 E.Countryside Parkway,Yorkville,IL ANALYSIS DATE:07-31-11 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 07-2011 07-2012 07-2013 07-2014 07-2015 07-2016 07-2017 07-2018 07-2019 07-2020 Gross Income Health Club and Unit D 210,000 228,000 233,700 239,542 245,531 251,669 257,961 264,410 271,020 277,796 Unit 19,200 19,200 19,200 19,584 19,976 20,375 20,783 21,198 21,622 22,055 Unit B 19,200 19,200 19,200 19,584 19,976 20,375 20,783 21,198 21,622 22,055 Unit C 21.000 21.000 21.000 21,420 21.848 22.285 22.731 23.186 23.649 24.122 Total Income 269,400 287,400 293,100 300,130 307,331 314,705 322,258 329,992 337,914 346,028 Vac/Credit Loss -13,470 -14.370 -23.448 -24.010 -24,586 -25,176 -25.781 -26.399 -27.033 -27.682 Effective Gross 255,930 273,030 269,652 276,120 282,744 289,529 296,477 303,593 310,881 318,346 Operating Unreimbursed Expenses 5,000 5,100 7,000 7,140 7,283 7,428 7,577 7,729 7,883 8,041 Insurance 7,500 7,650 7,803 7,959 8,118 8,281 8,446 8,615 8,787 9,786 Miscellaneous Legal 2,400 2,448 2,497 2,547 2,598 2,650 2,703 2,757 2,812 3,131 Reserve for replacement 6,303 6,429 6,558 6,689 6,823 6,959 7,099 7,241 7,385 7,533 Other Management 7 678 8 191 8 090 8 284 8482 8686 8894 9 108 9326 9 550 Total Expenses 28,881 29,818 31,947 32,619 33,304 34,004 34,719 35,449 36,194 38,041 NET INCOME 227,049 243,212 237,705 243,501 249,440 255,525 261,758 268,144 274,687 280,304 Vacancy Percentage 5.00% 5.00% 8.00% 8.00% 8.00% 8.00% 8.00% 8.00% 8.00% 8.00 Expense Ratio 10.72% 10.38% 10.90% 10.87% 10.84% 10.81% 10.77% 10.74% 10.71% 10.99 Growth Rate-E.G.I. N/A 6.68% -1.24% 2.40% 2.40% 2.40% 2.40% 2.40% 2.40% 2.40 Growth Rate in Expenses N/A 3.24% 7.14% 2.10% 2.10% 2.10% 2.10% 2.10% 2.10% 5.10% Growth Rate in Net Income N/A 7.12% -2.26% 2.44% 2.44% 2.44% 2.44% 2.44% 2.44% 2.04 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 72 INCOME CAPITALIZATION APPROACH TO VALUE (Continued) CAPITALIZATION Capitalization represents the process of estimating the value of a capital good--in this instance,real estate--through the use of a rate that represents the proper relationship between the capital good and the net income it produces. Hence,the rate is the connecting link that reflects the return necessary to attract investment capital and, therefore, this selection of the appropriate rate is a critical factor in the capitalization process. Generally, the applicable rate to utilize in an appraisal problem is a rate that investors in that type or class of property require as a condition of purchase. These rates vary with time,depending upon general economics and market conditions.These competitive market conditions influence and reflect the opinion and actions of investors. All investments,whether they are real estate or not,are in competition. The investor has the choice of lower risk-free returns with government securities,bonds,etc.;business ventures;and real estate at varying rates. Consideration in real estate investments includes risk,degree of liquidity,burdens of management, tax benefits, future appreciation and other factors which affect the rate acceptable to an investor in a specific real estate investment. Adjustments must be made to a base or safe rate to compensate for additional risks, management, liquidity, etc. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 73 INCOME CAPITALIZATION APPROACH TO VALUE (Continued) METHODS OF CAPITALIZATION Capitalization rates are market phenomenons and are commensurate with the risks involved. We have employed two different methods in capitalizing the net income into an opinion of value. Method 1 employs capitalizing the estimated net annual income at an overall rate as derived from actual market transactions. Method 2 employs an advanced mortgage equity technique. An overall rate is developed through an analysis of the mortgage and equity requirements of a transaction over an estimated holding period. Income and property value growth are also considered, as well as probable selling costs at the end of the holding period. This method also includes a discounted cash flow analysis. DIRECT CAPITALIZATION METHOD As discussed, Method 1 involves the direct capitalization process with the selection of an overall rate from actual market transactions.In selecting an overall rate for the subject,the appraisers have considered the most recent PricewaterhouseCoopers publication of Korpacz Real Estate Investors Surveys, investment market trends for 2011 by Marcus and Millichap, Real Estate Research Corporation's Real Estate Report, the Real Estate Capital Institute, as well as capitalization rates derived from actual transactions. Considering these data sources, we are of the opinion that a capitalization rate of 8.5% for the subject is applicable. Therefore, $233,352 (estimated annual net income before debt service, and before replacement reserves) capitalized at 8.5% equals $2,745,317, rounded to $2,745,000. Estimated Value of the Subject Property Via the Direct Capitalization Method: $2,745,000 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 74 INCOME CAPITALIZATION APPROACH TO VALUE (Continued) ADVANCED MORTGAGE EQUITY TECHNIQUE AND DISCOUNTED CASH FLOW ANALYSIS On the following pages,the appraiser will analyze the projected income and expenses for the subject property over an anticipated holding period. Typically, investors will hold a property such as the subject for five years. In developing an advanced mortgage equity technique capitalization rate to be applied to our estimates of stabilized income over the holding period, we have made the following assumptions. For our required investor yield,we have employed an internal rate of return of 9.00%. Our estimated internal rate of return is based on economic indicators that are available to us on a monthly and quarterly basis. We have compared the subject property to other alternative investment vehicles with a lesser degree of risk and a greater degree of liquidity than would be the case in investment real estate. We have considered that, overall, the consumer price index has remained relatively stable over the past 12 to 18 months, and we would estimate, on average, a 2% consideration for inflation. The following is a list of current treasury yields and interest rates. TREASURY YIELDS INTEREST RATES 3-month 0.10 Prime Rate 3.25 6-month 0.15 Federal Discount Rate 0.75 2-year 0.36 Fed Funds 0.25 10-year 2.79 Libor 1 Year 0.74 30-year 4.14 Data published: 7/28/11 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 75 INCOME CAPITALIZATION APPROACH TO VALUE (Continued) ADVANCED MORTGAGE EQUITY TECHNIQUE AND DISCOUNTED CASH FLOW ANALYSIS (Continued) We have also considered published internal rates of returns as set forth in the Korpacz Real Estate Investor Survey. This publication indicates investors are requiring internal rates of return from 6% to 10%. Considering the foregoing analysis,we are of the opinion that an internal rate of return of 9%would be necessary in order to induce investors to invest 25% equity in a property such as the subject. Considering the historical performance of properties such as the subject within its market area,we feel it is reasonable to assume that property values will increase at a conservative rate of at least 2% annually. Also,we feel again based on the historical performance of properties in the subj ect market area, that income and expenses are likely to increase at 2% annually. Again, for the purposes of our computer model,we have estimated soft costs in addition to equity as well as selling expense in the year of sale. In our opinion, soft costs of 2% are reasonable and given the type of property,we feel selling expense should approximate 4%. In estimating probable financing for the subject, the appraiser has considered the actual financing for the subject. Tempering this with data set forth in publications which we have cited,we feel that a 75% loan, with a 25-year amortization period at an interest rate of 6.5% are reasonable. Based on the foregoing analysis, our computations are set forth on the following pages. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0719,Page 76 Input Variables I Key Numbers REFERENCE NO: 8518-0711 PROPERTY: 202 E. Countryside Parkway, Yorkville, IL ANALYSIS DATE: 07-31-11 Input Variables Projected Holding Period 10 Years Loan Ratio 1 75.00% Interest Rate 5.50% Loan Term 25 Years Balloon Payment in Year 5 Investor Equity Portion 25.00% Required Investor Yield (IRR) 10.000% Growth Rate in Value per Year 1.000% Terminal Cap Rate - Selected 9.000% Growth Rate in Net Income per Year 2.000% Soft Costs in Addition to Equity 2.000% Selling Expenses: Terminal Year 4.000% Key Numbers Initial Cash Investment $ 819,066 Indicated Value $ 3,033,578 Positive Cash Flow Begins in Year 1 First Year Numbers Annual Net Income $ 227,049 Debt Service ($ 167,659) Annual Cash Flow $ 59,389 Cash on Cash Yield 7.25% Debt Coverage Ratio 1.35 Stabilized Year Information Stabilized Income Projected in Year 2 Stabilized Expenses Projected in Year 1 Stabilized Net Income Project in Year 2 Cash on Cash Yield in Year 2 9.22% Debt Coverage Ratio in Year 2 1.45 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0719,Page 77 Advanced Mortgage Equity Calculation REFERENCE NO: 8518-0711 PROPERTY: 202 E. Countryside Parkway, Yorkville, IL ANALYSIS DATE: 07-31-11 Input Variables Projected Holding Period 10 Years Loan Ratio 1 75.00% Interest Rate 5.50% Loan Term 25 Years Balloon Payment in Year 5 Investor Equity Portion 25.00% Required Investor Yield (IRR) 10.000% Growth Rate in Value per Year 1.000% Terminal Cap Rate - Selected 9.000% Growth Rate in Net Income per Year 2.000% Soft Costs in Addition to Equity 2.000% Selling Expenses: Terminal Year 4.000% CALCULATION Loan 1 x Constant (.75000 x 0.073691) 0.0552679 Equity x Required Yield (.25000 x 0.100000) 0.0250000 0.0802679 LESS Credit for Equity Build-up RATIO x %PAID OFF x SINKING FUND Balloon in Year 5 -0.0116913 Balloon 1 75.00 -0.2363 0.062745 0.0111191 BASIC RATE 0.0796956 ADD Amortization of Soft Costs (2.00 x 0.16275) 0.0032549 0.0829505 LESS Appreciation Factor -0.0037922 LESS Income Growth Factor -0.0057439 CAP RATE AT STABLE OPERATION 0.0734144 UNEVEN Cashflow Adjustment Factor 0.0052738 OVERALL RATE - ROUNDED TO 7.87% Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 78 Projected Cash Flow Analysis REFERENCE NO:8518-0711 PROPERTY:202 E.Countryside Parkway,Yorkville,IL ANALYSIS DATE:07-31-11 Indicated Value $3,033,578 Less Loans 75.00% 2.275.184 Equity 758,395 Soft Costs:2.00% 60 672 Total Investment $819,066 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 07-2011 07-2012 07-2013 07-2014 07-2015 07-2016 07-2017 07-2018 07-2019 07-2020 Cash Flows Net Income 227,049 243,212 237,705 243,501 249,440 255,525 261,758 268,144 274,687 280,304 Interest Expense -124,046 -121,586 -118,987 -116,242 -113,341 0 0 0 0 0 Loan Amortization -41613 -46,073 -48,672 -51,418 -2.085.408 0 0 0 0 0 Cash Flow 59,389 75,552 70,045 75,842 -1,949,309 255,525 261,758 268,144 274,687 280,304 Cash on Cash Yield 7.25% 9.22% 8.55% 9.26% -237.99% 31.20% 31.96% 32.74% 33.54% 34.22 Debt Coverage Ratio 1.35 1.45 1.42 1.45 0.11 N/A N/A N/A N/A N/A Reversion-Proceeds of Sale at the end of 10 Years Future Sale $3,189,118 Sale Costs:4.00% -127,565 Less Loans 0 Reversion $3,061,553 Internal Rate of Return:10 Year Holding Period Initial Investment -819,066 Cash Flow 59,389 75,552 70,045 75,842 -1,949,309 255,525 261,758 268,144 274,687 280,304 Reversion 3,061,553 INTERNAL RATE OF RETURN 10.000% Present Value of Cash Flows using a Discount Rate of 10.000 Cash Flow 59,389 75,552 70,045 75,842 -1,949,309 255,525 261,758 268,144 274,687 280,304 Reversion 3.061.553 3,341,857 Present Value Discount Factor 0.909091 0.826446 0.751315 0.683013 0.620921 0.564474 0.513158 0.466507 0.424098 0.385543 Present Value 53,990 62,440 52,626 51,801 -1,210,368 144,237 134,323 125,091 116,494 1,288,430 P V of CASH FLOWS$819,066 approximates Initial Investment of$819,066,based upon a value of$3,033,578 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0719,Page 79 Yield Range Analysis REFERENCE NO: 8518-0711 PROPERTY: 202 E. Countryside Parkway, Yorkville, IL ANALYSIS DATE: 07-31-11 Input Variables Projected Holding Pe 10 Years Loan Ratio 1 75.00% Interest Rate 5.50% Loan Term 25 Years Balloon Payment in Year 5 Investor Equity Porti 25.00% Yield Range Analyzed (IRR) 7.000% to 13.000% Terminal Cap Rate - 9.000% Soft Costs in Additio 2.000% Selling Expenses: Terminal Year 4.000% Selected Indicated Required D.C.R. IRR Value Equity 7.00% 3,408,551 920,309 1.21 7.50% 3,341,230 902,132 1.23 8.00% 3,275,928 884,501 1.25 8.50% 3,212,576 867,396 1.28 9.00% 3,151,109 850,799 1.30 9.50% 3,091,463 834,695 1.33 10.00% 3,033,577 819,066 1.35 10.50% 2,977,393 803,896 1.38 11.00% 2,922,853 789,170 1.41 11.50% 2,869,903 774,874 1.43 12.00% 2,818,490 760,992 1.46 12.50% 2,768,564 747,512 1.48 13.00% 2,720,074 734,420 1.51 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 80 Proof of Yield on Equity REFERENCE NO: 8518-0711 PROPERTY: 202 E. Countryside Parkway,Yorkville, IL ANALYSIS DATE:07-31-11 Required Rate of Return 10.000% Holding Period 10 Years Original Equity Ratio Value Equity 0.25000 $3,033,578 $758,394 Soft Costs 0.02000 $3,033,578 60,672 Initial Cash Investment $819,066 Terminal Equity Resale Value $3,189,118 Loan Balance 0 Sale Expenses -127,565 Net Reversion $3,061,553 PROOF Year Cash Flow Present Value Factor Present @ 10.000% Value 1 59,389.42 0.9090909 53,990.38 2 75,552.36 0.8264462 62,439.96 3 70,045.16 0.7513147 52,625.96 4 75,842.05 0.6830133 51,801.13 5 -1,949,308.25 0.6209212 -1,210,366.81 6 255,524.59 0.5644737 144,236.91 7 261,758.09 0.5131580 134,323.26 8 268,144.22 0.4665072 125,091.21 9 274,686.84 0.4240974 116,493.97 10 280,304.13 0.3855431 108,069.33 Net Reversion 3,061,552.75 0.3855431 1.180.361.00 Present Value of Cash Flows 819,065.80 Initial Cash Investment -819.066.06 Net Present Value -0.26 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 81 Proof of Yield on Equity REFERENCE NO: 8518-0711 PROPERTY: 202 E. Countryside Parkway,Yorkville, IL ANALYSIS DATE:07-31-11 Overall Capitalization Rate o (OAR) 7.86882/o Value (Income/OAR) 238,707 / 0.0786882 $ 3,033,578 Original Equity Ratio Value Equity 0.25000 x 3,033,578 $ 758,394 Soft Costs 0.02000 x 3,033,578 60,672 $ 819,066 Loans Loan Ratio Value Loan 1 0.75000 x 3,033,578 $ 2,275,183 Annual Debt Service Constant Principal Balance Loan 1 0.07369 x 2,275,183 $ 167,659 First Year Cash Flow Net Income Debt Service 227,049 167,659 $ 59,389 Net Income Debt Service D.C.R. 227,049 / 167,659 1.35 First Year Yield on Equity Cash Flow Original Equity 59,389 / 819,066 7.251% Ending Loan Balance % Unpaid Principal Loan 1 0.00000 x 2,275,183 $ 000 Resale Value Multiple of 1.05127 Original Value 1 + .05127 Resale Value as a Dollar Appr./Depr. Original Value Amount 1.05127 x 3,033,578 $ 3,189,117 Net Reversion Resale Value $ 3,189,118 (Terminal Equity) Loan Balance 000 Sale Expenses -127,565 $ 3,061,553 Deferred Yield (Amount) Net Reversion Original Equity 3,061,553 819,066 $2,242,487 Terminal Equity(Ratio) Net Reversion Resale Value 3,061,553 / 3,189,118 0.96000 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 82 INCOME CAPITALIZATION APPROACH TO VALUE (Continued) Conclusions As was set forth on the preceding pages, our estimated value for the subject property via the direct capitalization method was $2,745,000. Our advanced mortgage equity analysis indicated an investment value of$3,070,000, rounded. The two indications of value are reasonably well correlated.However,in our opinion,the advanced mortgage equity technique is more reliable inasmuch as it recognizes the varying cash flows for the subject property over the course of our projected ten year holding period. Therefore, we estimate the value of the subject property via the income capitalization approach at $3,000,000. Final Estimated Value for the Subject Property Via the Income Capitalization Approach: $3,000,000 Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 83 CORRELATION AND CONCLUSIONS Cost Approach: $3,865,000 Sales Comparison Approach: Omitted Income Capitalization Approach: $3,000,000 In analyzing and correlating the value indications to a final estimate of value, each approach must be considered in relation to: ► Its ability to reflect the motives of a prospective buyer or seller; ► The type, quality and depth of the data upon which the conclusions are based; ► Its sensitivity and ability to reflect economic changes that affect the availability and cost of mortgage financing; and ► Its ability to reflect the unique character of the property being appraised including factors such as location, size and income potential. Cost Approach The cost approach is most reliable when appraising a new building that suffers no depreciation. It is also very useful in appraising special use type properties such as schools, churches, etc. The cost approach may not accurately portray present real estate income and market conditions and is not necessarily representative of the procedure by which active participants buy and sell real estate.As the subject property is a special-use type property by its nature, in our opinion the cost approach is relevant.However,due to the subjectivity in estimating external depreciation,total reliance cannot be placed or should not be placed on the cost approach. Appraisal of 202 E. Countryside Parkway, Yorkville,IL KRUEGER APPRAISAL SERVICES,INC. File No. 8598-0711,Page 84 CORRELATION AND CONCLUSIONS (Continued) Sales Comparison Approach As was discussed in the body of this report, due to the lack of a sufficient number of comparable sales, the sales comparison approach was omitted. This is with regard to the subject property as improved. We did employ a sales comparison approach in determining the value of the subject site as vacant. Income Capitalization Approach The income capitalization approach to value is most applicable when appraising an income- producing property. In our opinion, it most closely portrays the procedure by which active participants buy and sell income-producing properties.Although the subject property is,in essence, an income-producing property,as we have discussed,the health club portion which accounts for the majority of the building is leased as somewhat below market rates. However, since there are leases in place that have a significant amount of term remaining,particularly with regard to the health club, the value of the subject property is certainly significantly impacted by these leases. However, a potential purchaser may consider the fact that when the current health club lease expires, he could in all likelihood negotiate a market lease at somewhat higher rates. In the final analysis, the appraisers have given more or less equal consideration to the cost and income capitalization approaches. This takes into consideration their strengths and weaknesses which were discussed throughout this report. Accordingly, we conclude the value of the subject property at $3,500,000. Final Estimated Value for the Subject Property: $3,500,000 ADDENDA CERTIFICATION The undersigned hereby certifies that we have personally inspected the subject property and that: ► No other than the undersigned parties prepared the analyses,opinions,or conclusions concerning real estate that are set forth in this appraisal report. To the best of our knowledge and belief,the statements of fact contained in this report and upon which the opinions herein are based are true and correct, subject to the Contingent and Limiting Conditions outlined in the report. The analyses, opinions, and conclusions contained herein are our personal, unbiased professional analyses, opinion and conclusions. ► Employment in and compensations for making this appraisal are in no way contingent upon the value reported, nor upon any action or event resulting from the analyses, opinions, or conclusions contained herein. We certify that we have no interest, either present or contemplated,in the subject property,nor do we have any personal interest or bias with respect to the subject matter of the appraisal report or the parties involved. ► This appraisal report identifies all of the contingent and limiting conditions (imposed by the terms of our assignment or by the undersigned)affecting the analyses,opinions and conclusions contained in this report. ► The analyses, opinions, and conclusions contained in this report have been developed in accordance with USPAP, adopted by the Appraisal Standards Board of the Appraisal Foundation.Additionally,this report is developed in accordance with the Code of Professional Ethics of NAIFA.Neither our engagement to make this appraisal(nor any future appraisals for this client), nor any compensations therefore are contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. ► This appraisal report discloses all steps taken that were necessary or appropriate to comply with the Competency Provision of USPAP. CERTIFICATION (Continued) ► Our compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event or the approval of a loan. ► Terry D.Childers has made a personal inspection of the property that is the subject of this report, and prepared the appraisal report.Ted Schneller reviewed and approved the appraisal report,but did not inspect the subject property. ► In our opinion,the subject property's present fair market value of the fee simple interest, subject to the special, contingent and limiting conditions contained herein, in terms arithmetically equivalent to cash, and representative of market conditions, and if placed on the market for a period of nine to twelve months, as of July 22, 2011,would be: THREE MILLION FIVE HUNDRED THOUSAND DOLLARS ($3,500,000) KRUEGER APPRAISAL SERVICES, INC. TIC - Terry D. Childers Ted Schneller, IFAS, President Staff Appraiser Review Appraiser State Certified-General-IL State Certified-General-IL License No. 553.001442 License No. 553.000510 Expiration: 09-30-11 Expiration: 09-30-11 TC/TS:scm ASSUMPTIONS AND LIMITING CONDITIONS We assume no responsibility for matters legal in nature,nor do we render any opinion as to the title, which is assumed to be good. All existing liens and encumbrances have been disregarded and the property is appraised as though free and clear under responsible ownership and competent management. Property dimensions as furnished, by survey or otherwise, are assumed to be correct; if not, we reserve the right to review and revise this appraisal. We are not required to give testimony or attendance in court by reason of this appraisal, with reference to the property in question, unless arrangements have been previously made therefore. We have no present or contemplated interest in the property appraised. The distribution of the total valuation in this report between land and improvement applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. The appraisal is not to be used in or for fire insurance purposes. We assume that there are no hidden or unapparent conditions of the property, subsoil or structures which would render it more or less valuable.We assume no responsibility for such conditions or for engineering which might be required to discover such factors. Information,estimates,and opinions furnished to us and contained in this report were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy can be assumed by us. The value given in this report involves only the real estate as cited,within the property dimensions as shown.No valuation is given to personal property,chattels or special equipment,unless so stated in this report. The property is appraised as though under responsible ownership and competent management. Neither all nor part of the contents of this report will be conveyed to the public through advertising, public relations,new sales or other media,without the written consent and approval of the author, particularly as to valuation conclusions,the identity of the appraiser or firm which he is connected. It is assumed that all required licenses, consent, or other legislative or administrative authorities from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted within the report. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined and considered in the appraisal report. Our estimate of value is time sensitive. Since factors affecting value can change rapidly, the value estimate rendered by means of this report is as of the effective date stated. ADDITIONAL REPORT CONDITIONS, APPRAISERS LIABILITY LIMITATIONS, AND CLIENT AGREEMENTS The acceptance of this report and its use by the client in any manner constitutes acknowledgment that this report is a satisfactory professional product, and that the client has personally read the report,and specifically agrees that the data contained herein is accurate to the best of the appraisers' ability. This report remains the property of Krueger Appraisal Service,Inc. and/or the signer, and is not to be transmitted to a third party without the permission of Krueger Appraisal Services,Inc.and/or the signer's written permission. This excepts third party mortgagees. Krueger Appraisal Services,Inc.,its associates,consultants,or the appraisers personal responsibility does not extend to a third party under any circumstances. As part of the appraiser-client agreement, the client agrees to notify the appraiser of any error, omission, or invalid data contained herein within 30 days of receipt of the report, and return the report along with all copies to the appraiser for correction prior to any use. Under no circumstances will the appraisers liabilities exceed the fee actually collected for this report, and then only in case of gross error,which would have significantly affected the appraisers' value opinion as of the date of valuation. Therefore, by accepting this report, you acknowledge that a value opinion is the product of a professional. It is an opinion only, and not a provable fact. As such, a personal opinion, valuation may vary significantly between appraisers based on the same facts,depending on the interpretation of the appraisers. Therefore, Krueger Appraisal Services, Inc., and the appraiser, warrant only that the value conclusion is the best opinion of value estimates based on the market data and market conditions present in the body of this report as of the exact date of valuation. REAL ESTATE QUALIFICATIONS OF TED L. SCHNELLER, IFAS PROFESSIONAL PROFILE Over 35 years of extensive experience in appraising all types of properties throughout the Chicago eight county area, as well as a number of other states. Certified General Appraiser through the State of Illinois under license number 553.000510 BUSINESS EXPERIENCE Manager; Appraisal Division, Continental Real Estate 1975-1979 Vice President; Brueckner-Neuses, Inc. 1979-1981 President; T.L. Schneller&Associates 1981-1987 Former Instructor; Cost Analysis, College of DuPage 1980 Chief Staff, Review Appraiser; ICR Appraisal Services 1987-1992 General Manager; Senior Staff Appraiser; Krueger Appraisal Services 1992-1995 President; Senior Staff Appraiser; Krueger Appraisal Services 1995 to Present PROFESSIONAL MEMBERSHIP AND AFFILIATIONS Senior Member of the National Association of Independent Fee Appraisers Certified Appraiser- Senior Approved Fee Appraiser; State of Illinois, Dept. of Transportation, Bureau of Land Acquisition Former Member of the DuPage County Board of Review Former Member of Building Owners & Managers Association International Approved Fee Appraiser; County of DuPage, Division of Transportation Illinois Coalition of Appraisal Professionals Member of Better Business Bureau EDUCATION Willowbrook High School College of DuPage: Real Estate DuPage Board of Realtors: Real Estate Transactions Continuing Education/Appraisal Courses: Specific and continuing education with regard to the appraisal profession has included all courses necessary to obtain the State of Illinois General Certification. This involved hundreds of hours of classes conducted by; the Appraisal Institute, the National Association of Independent Fee Appraisers,Real Estate Education Corporation,the Illinois Coalition of Appraisal Professionals, Central YMCA College, McKissock Data Systems, The Appraisal Academy, as well as the Illinois Association of Mortgage Professionals. CLIENTS SERVED GOVERNMENT County of DuPage Department of Environmental Concerns DuPage County Division of Transportation, State of Illinois, Bureau of Land Acquisition Federal Savings and Loan Insurance Corporation Illinois Tollway Authority Internal Revenue Service Kane County Division of Transportation Kendall County Forest Preserve District Various Park Districts and Municipalities BANK, SAVINGS & LOANS AND MORTGAGE COMPANIES American Bank& Trust Glen Ellyn Bank American Chartered Harris Bank American Community Hinsdale Bank& Trust American Enterprise Illinois National Bank American Heartland Itasca Bank& Trust Bank of Commerce Lake Forest Bank Bank of Elgin Lemont National Bank Bridgeview Bank Lincoln Home Mortgage Castle Bank MidAmerica Bank Centrue Bank Midwest Bank Citizen's First National Bank National Bank& Trust Community Bank of Wheaton/Glen Ellyn Parkway Bank Diamond Bank St. Charles Bank& Trust Downers Grove National State Bank of IL Fifth Third Bank Suburban Bank First Chicago Bank& Trust THE National Bank First Choice Bank TCF Bank First DuPage Bank West Suburban Bank First Federal Savings & Trust West Town Savings First Midwest Bank Wheaton Bank Golden Eagle Community Bank CORPORATIONS AND INSTITUTIONS Appraisal Management Co. Miller Brewing Centerville Properties Owens Illinois CLT Appraisal Services, Inc. Prudential Relocation Commonwealth Relocation Relocation Realty GMAC United Capital Corporation Inland Real Estate Corporation Wheaton College Kraftco Corporation Wisconsin Central Railroad Merrill Lynch Relocation REAL ESTATE QUALIFICATIONS OF TERRY D. CHILDERS APPRAISAL EXPERIENCE Appraisal professional since 2000 with experience in the valuation of industrial, office, retail, mixed-use, unimproved,multi-family,and single-family properties for mortgage lending,estate valuation,condemnation valuation, and tax assessment appeal purposes. PROFESSIONAL LICENSE Illinois Certified General Real Estate Appraiser License Number 553.001442 License expires 09/30/2011 EDUCATION B.A. in Philosophy and Political Science-University of Illinois Degree awarded June, 1989,with College Honors and Highest Distinction in Philosophy Appraisal Coursework: Qualifying Education Foundations of Real Estate Appraisal-Triton College Appraising the Single Family Residence-Triton College Standards of Professional Practice-Triton College Appraisal Applications-Appraisal Institute Basic Income Capitalization-Appraisal Institute Non-Residential Report Writing-Appraisal Institute Residential Analysis for Small Income Property Appraisals-NAIFA Continuing Education National USPAP Update-McKissock Appraisal School, et al Online Cool Tools:New Technology for Real Estate Appraisers-Appraisal Institute Online Marshall& Swift Commercial Cost Training-Appraisal Institute Online Advanced Internet Search Strategies -Appraisal Institute Online Valuation of Detrimental Conditions in Real Estate-Appraisal Institute Scope of Work-McKissock Appraisal School Online Using Your HP12c Financial Calculator-Appraisal Institute Online Analyzing Operating Expenses-Appraisal Institute 2-4 Family Finesse: Appraising Multi-Family Properties-McKissock Online Appraising from Blueprints& Specifications-Appraisal Institute Uniform Residential Appraisal Report-Moraine Valley Community College Market Abstraction Review-Moraine Valley Community College HRUEGER APPRAISAL SERVICE% INC 11 1. UNCOLNNAti M1ttp://xmm.Yegetlnccom inc EMONE• (630) 89L9]00 NORM AURORA, IL60542 Isu"eeeov,v air,o coca W10MERCULF.ix •(866)91 9-9793 July 11,2011 Ms. Lam Schmw City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: 202 E. Countryside Parkway Yorkville, IL 60560 Dear Ms. Schmw: This liner is intended to save as omproposal for appraisal services on the afore referenced property. At your request, this will be a summary report. The effective date of the appraisal will be the date of the property inspection.As always,om reports ere prepared in accord with the rules and standards set mortality thchlatiorml Association oflndependent FesAppmisas,and are intended to complywith USPAP and FIRREA guidelines.The appraisal report will be completed subject to the A numpabon and Limiting Conditions (Exhibit B, attached) and the Additional Report Conditions, Appraisers; Liability Conditions,and Client Agreements(Exhibit C,attached).A copyofthese conditions will be incorporated into the appraisal report. Based upon your representation of the property, our fee for the above service is $2,250 due upon completion Of the report. This fee is cat connected or contingent upon the value estimate reported and is based entirely upon the time required to complete the appraisal report. If at any time during the completion of the appraisal report we consider a revision of this fee is necessary, you will be notified prior to proceeding with the remainder of the assignment. Mc Laura Schraw July 11, 2011 Page 2 Compleuon time is estimated at three weeks from the data of acceptance. Completion of the appraisal report within this limeperiod is Predicated upon the appraiser experiencing nouvforesem delays caused by the client, the property occupant, related parties or unappSrent conditions ofthere Property itself Further,italSOassumesthatanappoi=mtcmbemadeinatimelyfo hion,andthat all necessary information (m shown in Exhibit A) are also provided in a timely mmner. This proposal ¢valid fmaperiod of30days.Please note that Our estimated completionfime and fee does not include any other services such as expert testimony or additional consultation. Thank you for the opportunity to be of service to you in this marter. Ifthe terms end conditions of Nis proposal most with your approval,Please sign and return a copy vis fax. Ifyou hove my other questions or need any additional infmanation, please contact me directly. Respectfully, KRUEGER APPRAISAL SERVICES, INC. a� v�ti„QaJ Cam` Acc pled By MS. Latina Schnw Ted L SchneBer, IFAS, Presided Smm CertifiedGmenl-Illinois License No. 553.000510 Expiration Date 09-30.11 TS:mm PRIVACY NOTICE Appraisers, along with all providers of personal financial services, are now required by federal law to inform their clients of the policies of the firm with regard to the privacy of client nonpublic personal information.As professionals,we understand that your privacy is very important to you and are pleased to provide you with this information. Types of Nonpublic Personal Information We Collect In the course of performing appraisals, we may collect what is known as "nonpublic personal information"about you.This information is used to facilitate the services that we provide to you and may include the information provided to us by you directly or received by us from others with your authorization. Parties to Whom We Disclose Information We do not disclose any nonpublic information obtained in the course of our engagement with our clients to nonaffiliated third parties except as necessary or as required by law. By way of example, a necessary disclosure would be to our employees, and in certain situations,to unrelated third party consultants who need to know that information to assist us in providing appraisal services to you.All of our employees and any third party consultants we employ are informed that any information they see as part of an appraisal assignment is to be maintained in strict confidence within the firm. A disclosure required by law would be a disclosure by us that is ordered by a court of competent jurisdiction with regard to a legal action to which you are a party. Confidentiality and Security We will retain records relating to professional services that we have provided to you for a reasonable time so that we are better able to assist you with your needs. In order to protect your nonpublic personal information from unauthorized access by third parties,we maintain physical,electronic and procedural safeguards that comply with our professional standards to insure the security and integrity of your information. Please feel free to call us at any time if you have any questions about the confidentiality of the information that you provide to us.