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City Council Packet 2012 05-08-12 `1 0 CIT- 0 0 United City of Yorkville ESE , r 1836 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 `a_" ' Fax: 630-553-7575 <LE ��• AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, May 8, 2012 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II 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: Public Hearings: 1. Electric Aggregation Plan Citizen Comments: Consent Agenda: 1. CC 2012-37 Bills for Payment - $299,826.74 Minutes for Approval: 1. CC 2012-33 Minutes of the City Council —March 27, 2012 2. CC 2012-34 Minutes of the City Council —April 10, 2012 Mayor's Report: 1. CC 2012-38 Appointments to Boards and Commissions 2. CC 2012-35 Ordinance Approving the Second Intergovernmental Agreement for the Replacement of the River Road Bridge Over Blackberry Creek 3. CC 2012-39 Ordinance Authorizing Aggregation of Electrical Load and Adopting an Electric Aggregation Plan of Operation and Governance 4. CC 2012-40 ITEP 2012 Grant Application—Cycle 10 5. CC 2012-41 Selection of Mayor Pro-Tem Public Works Committee Report: Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: City Council Meeting Agenda May 8, 2012 Page 2 Park Board: Plan Commission: 1. PC 2012-02 Ordinance Denying a Special Use Permit to Fill and Grade Property Commonly Known as Evergreen Farm Estates Zoning Board of Appeals: City Council Report: City Clerk's Report: City Treasurer's Report: 1. CC 2012-41 Required Reporting to Municipality by the Police Pension Board Community and Liaison Report: Staff Report: Additional Business: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION-May 17,2012-6:00 p.m.-Cif Hall_Conference Room; --- ------------------------------------------------ --------------- -- -- Committee Departments Liaisons Chairman: Alderman Spears Finance Library Vice-Chairman: Alderman Gilson Administration Committee: Alderman Colosimo Committee: Alderman Munns ECONOMIC DEVELOPMENT: June 12,2012-7_00_p.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: June 12 2012=7-_00 p.m.-City 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: May 15,2012-6:OO�.m.-City Hall Conference Room -- — — 1 _-6.00 - — Hall --__ ____----------- --- -- --- 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, May 8, 2012 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ----------------------------------------------------------------------------------------------------------------------------------------- l. Electric Aggregation Plan ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-37 Bills for Payment- $299,826.74 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-33 Minutes of the City Council—March 27, 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes 2. CC 2012-34 Minutes of the City Council—April 10, 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-38 Appointments to Boards and Commissions ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2012-35 Ordinance Approving the Second Intergovernmental Agreement for Replacement of the River Road Bridge Over Blackberry Creek ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2012-39 Ordnance Authorizing Aggregation of Electrical Load and Adopting and Electric Aggregation Plan of Operation and Governance ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2012-40 ITEP 2012 Grant Application—Cycle 10 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2012-41 Selection of Mayor Pro-Tem ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PLAN COMMISSION: ----------------------------------------------------------------------------------------------------------------------------------------- l. PC 2012-02 D Construction Spoil/Fill Site (Evergreen Farms Estate) Special Use Request ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- CITY TREASURER'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- I. CC 2012-42 Required Reporting to Municipality by the Police Pension Board ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- Reviewed By: Agenda Item Number •s► Legal : Public Hearing#1 Finance EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number m Human Resources ❑ Community Development ❑ Police ALE Public Works ❑ Agenda Item Summary Memo Title: Electric Aggregation Plan Meeting and Date: City Council —May 8, 2012 Synopsis: The draft Plan of Operation and Governance can be found in this packet under Mayor's Report#3. Council Action Previously Taken: Date of Action: CC 4/24/12 Action Taken: First public hearing. Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: 0 CITY Reviewed By: Agenda Item Number d Legal ❑ `1 06 Legal CA#1 ESL -� 1836 Engineer ❑ City Administrator ❑ Tracking Number 0 —� Human Resources ❑ �� Community Development ❑ K-44 Police ❑ CC 2012-37 Public Works ❑ Agenda Item Summary Memo Title: Bill Payments - $299,826.74 Meeting and Date: City Council-May 8, 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: 04/30/12 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 16:09:28 CHECK REGISTER FY 2012 PRG ID: AP215000.WOW CHECK DATE: 04/30/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513209 YORKPOST YORKVILLE POSTMASTER 043012 04/30/12 01 WATER OP-POSTAGE FOR 04/30/12 51-510-54-00-5452 2,032.72 02 UTILITY BILLS ** COMMENT ** INVOICE TOTAL: 2,032.72 CHECK TOTAL: 2,032.72 TOTAL AMOUNT PAID: 2,032.72 DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513210 AACVB AURORA AREA CONVENTION 033112-ALL 04/17/12 01 ADMIN SERVICES-MARCH 2012 ALL 01-640-54-00-5481 23.85 02 SEASONS HOTEL TAX ** COMMENT ** INVOICE TOTAL: 23.85 * 033112-HAMPTON 04/23/12 01 ADMIN SERVICES-MARCH 2012 01-640-54-00-5481 2, 130.09 02 HAMPTON INN HOTEL TAX ** COMMENT ** INVOICE TOTAL: 2, 130.09 * 033112-SUPER 04/16/12 01 ADMIN SERVICES-MARCH 2012 01-640-54-00-5481 735.76 02 SUPER 8 MOTEL TAX ** COMMENT ** INVOICE TOTAL: 735.76 * CHECK TOTAL: 2,889.70 513211 ARAMARK ARAMARK UNIFORM SERVICES 610-7506594 04/17/12 01 STREETS-UNIFORMS 01-410-56-00-5600 19.84 02 WATER OP-UNIFORMS 51-510-56-00-5600 19.84 03 SEWER OP-UNIFORMS 52-520-56-00-5600 19.84 INVOICE TOTAL: 59.52 * CHECK TOTAL: 59.52 513212 ATLAS ATLAS BOBCAT Q09873 04/20/12 01 STREETS-STUMP GRINDER 01-410-56-00-5630 7,160.00 INVOICE TOTAL: 7,160.00 CHECK TOTAL: 7, 160.00 513213 ATTINTER AT&T INTERNET SERVICES 040912 04/09/12 01 ADMIN-T.1 SERVICE 01-110-54-00-5440 753.32 INVOICE TOTAL: 753.32 * CHECK TOTAL: 753.32 n DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT i ------------------------------------------------------------------------------------------------------------------------------------ 513214 BARKSDAK KRISTI J. BARKSDALE-NOBLE 042712 04/27/12 01 COMM/DEV-PARKING FEE 01-220-54-00-5415 22.00 02 REIMBURSEMENT FOR WESTBURY ** COMMENT ** 03 BOND CALL DEPOSITION ** COMMENT ** INVOICE TOTAL: 22.00 * CHECK TOTAL: 22.00 513215 BATTERSM MOLLY SCHWARTZKOPF 042312 04/23/12 01 POLICE SMART FTP SOFTWARE 01-210-56-00-5635 96.15 INVOICE TOTAL: 96.15 * CHECK TOTAL: 96.15 513216 BPAMOCO BP AMOCO OIL COMPANY 34012315-PD 04/24/12 01 POLICE-GASOLINE 01-210-56-00-5695 177.32 INVOICE TOTAL: 177.32 CHECK TOTAL: 177.32 513217 BRENNTAG BRENNTAG MID-SOUTH, INC. BMS191453 04/04/12 01 WATER OP-CHEMICALS 51-510-56-00-5638 1,657.50 INVOICE TOTAL: 1,657.50 BMS191454 04/04/12 01 WATER OP-CHEMICALS 51-510-56-00-5638 991.00 INVOICE TOTAL: 991.00 BMS917112 04/05/12 01 WATER OP-DRUM RETURN CREDIT 51-510-56-00-5638 -750.00 INVOICE TOTAL: -750.00 BMS917113 04/05/12 01 WATER OP-DRUM RETURN CREDIT 51-510-56-00-5638 -400.00 INVOICE TOTAL: -400.00 CHECK TOTAL: 1,498.50 a_ DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513218 CALLONE UNITED COMMUNICATION SYSTEMS 1010-7980-0000-0412C 04/15/12 01 ADMIN-ADMIN LINES 01-110-54-00-5440 209.94 02 ADMIN-CITY HALL NORTEL 01-110-54-00 5440 276.04 03 POLICE-CITY HALL NORTEL 01-210-54-00 5440 276.04 04 WATER OP-CITY HALL NORTEL 51-510-54-00 5440 276.04 05 POLICE-POLICE LINES 01-210-54-00-5440 800.32 06 POLICE-CITY HALL FIRE 01-210-54-00-5440 44.60 07 ADMIN-CITY HALL FIRE 01-110-54-00 5440 44.60 08 WATER OP-PUBLIC WORKS LINES 51 510-54-00 5440 1,012.67 INVOICE TOTAL: 2, 940.25 CHECK TOTAL: 2,940.25 513219 CAMBRIA CAMBRIA SALES COMPANY INC. 32330 04/16/12 01 ADMIN PAPER TOWEL 01-110-56-00-5610 41.00 INVOICE TOTAL: 41.00 CHECK TOTAL: 41.00 513220 CARGILL CARGILL, INC 2900501311 04/09/12 01 WATER OP-ROCK SALT 51-510-56-00-5638 2,799.00 INVOICE TOTAL: 2, 799.00 2900512442 04/16/12 01 WATER OP-ROCK SALT 51-510-56-00-5638 2,885.75 INVOICE TOTAL: 2,885.75 CHECK TOTAL: 5,684.75 513221 CARLSENS CARLSENS ELEVATOR SERVICES INC 53895 02/08/12 01 COMM/DEV ELEVATOR REPAIR 01-220-54-00-5462 311.00 INVOICE TOTAL: 311.00 CHECK TOTAL: 311.00 _d_ DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513222 COMED COMMONWEALTH EDISON 4329092028-0412 04/20/12 01 WATER OP—LIGHTS 51-510-54-00-5480 935.27 INVOICE TOTAL: 935.27 * 6963019021-0312 04/17/12 01 STREETS—LIGHTS 01-410-54-00-5480 13.59 INVOICE TOTAL: 13.59 * 7090039005 0312 04/10/12 01 STREETS—LIGHTS 01-410-54-00-5480 21.28 INVOICE TOTAL: 21.28 * 8344010026-0312 04/21/12 01 STREETS—LIGHTS 01-410-54-00-5480 278.56 INVOICE TOTAL: 278.56 * CHECK TOTAL: 1,248.70 513223 DAVEAUTO DAVID L CHELSEN 19155 04/16/12 01 POLICE TIRE REPAIR 01-210-54-00-5495 20.00 INVOICE TOTAL: 20.00 * 19163 04/18/12 01 POLICE—SQUAD REPAIR 01-210-54-00-5495 590.00 INVOICE TOTAL: 590.00 * 19168 04/23/12 01 POLICE—SQUAD REPAIR 01-210-54-00-5495 295.00 INVOICE TOTAL: 295.00 * 19174 04/24/12 01 POLICE SQUAD REPAIR 01-210-54-00-5495 778.00 INVOICE TOTAL: 778.00 * CHECK TOTAL: 1, 683.00 513224 DEPO DEPO COURT REPORTING SVC, INC 15403 04/17/12 01 POLICE—APRIL 4 ADMIN HEARING O1 210-54-00-5467 175.00 INVOICE TOTAL: 175.00 * c DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513224 DEPO DEPO COURT REPORTING SVC, INC 15404 04/17/12 01 POLICE-APRIL 11 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 175.00 CHECK TOTAL: 350.00 513225 EEI ENGINEERING ENTERPRISES, INC. 50775 04/20/12 01 ADMIN SERVICES MUNICIPAL 01-640-54-00-5465 1, 900.00 02 ENGINEERING SERVICES ** COMMENT ** INVOICE TOTAL: 1,900.00 50776 04/20/12 01 ADMIN SERVICES-NORTH RT 47 01-640-54-00-5465 728.50 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 728.50 50777 04/20/12 01 ADMIN SERVICES-SOUTH RT 47 01-640-54-00-5465 395.25 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 395.25 50778 04/20/12 01 ADMIN SERVICES-CENTRAL RT 47 01-640-54-00-5465 4,979.50 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 4,979.50 50779 04/20/12 01 ADMIN SERVICES-GAME FARM / 01-640-54-00-5465 2,062.25 02 SOMONAUK IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 2,062.25 50780 04/20/12 01 CW CAPITAL-SAFE ROUTES TO 23-230-60-00-6092 772.00 02 SCHOOL ** COMMENT ** INVOICE TOTAL: 772.00 * 50781 04/20/12 01 ADMIN SERVICES-CANNONBALL AND 01-640-54-00-5465 1,609.65 02 RT 47 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 1,609.65 * DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ---------------------------------------------------------------------------------------------------------------------------------- 513225 EEI ENGINEERING ENTERPRISES, INC. 50782 04/20/12 01 ADMIN SERVICES-KENDALL 01-640-54-00-5465 544.50 02 MARKETPLACE IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 544.50 * 50783 04/20/12 01 ADMIN SERVICES-AUTUMN CREEK 01-640-54-00-5465 1,498.50 INVOICE TOTAL: 1,498.50 * 50784 04/20/12 01 ADMIN SERVICES-WINDETTE RIDGE 01-640-54-00-5465 687.50 INVOICE TOTAL: 687.50 * 50785 04/20/12 01 ADMIN SERVICES-RUSH COPLEY 01-640-54-00-5465 167.00 02 PHASE 1 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 167.00 * 50786 04/20/12 01 ADMIN SERVICES-RUSH COPLEY 01-640-54-00-5465 362.50 02 PHASE 1A & STORM RETROFITS ** COMMENT ** 03 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 362.50 * 50788 04/20/12 01 ADMIN SERVICES-UTILITY PERMIT 01-640-54-00-5465 868.00 02 REVIEWS ** COMMENT ** INVOICE TOTAL: 868.00 * 50789 04/20/12 01 ADMIN SERVICES-GENERAL CITY OF 01-640-54-00-5465 723.50 02 YORKVILLE ENGINEERING SERVICES ** COMMENT ** INVOICE TOTAL: 723.50 * 50790 04/20/12 01 ADMIN SERVICES-AUTUMN CREEK 01-640-54-00-5465 1,733.00 02 UNIT 2A ** COMMENT ** INVOICE TOTAL: 1,733.00 * 50791 04/20/12 01 DOWNTOWN TIF-KENDALLWOOD 88-880-60-00-6000 736.75 02 ESTATES PUNCHLIST ** COMMENT ** INVOICE TOTAL: 736.75 * DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 513225 EEI ENGINEERING ENTERPRISES, INC. 50792 04/20/12 01 ADMIN SERVICES-2012 ZONING 01-640-54-00-5465 786.50 02 MAPS ** COMMENT ** INVOICE TOTAL: 786.50 * 50794 04/20/12 01 ADMIN SERVICES-BOND & LOC CALL 01-640-54-00-5465 777.50 02 POLICY ** COMMENT ** INVOICE TOTAL: 777.50 * CHECK TOTAL: 21,332.40 513226 EJEQUIP EJ EQUIPMENT 0050077 04/20/12 01 SEWER OP-LAMP 52-520-54-00-5495 39.40 INVOICE TOTAL: 39.40 * CHECK TOTAL: 39.40 513227 EROTEX ERO-TEX INV68589 09/26/11 01 LAND CASH-WIRE STAPLES 72-720-60-00-6036 210.00 INVOICE TOTAL: 210.00 * CHECK TOTAL: 210.00 513228 EXELON EXELON ENERGY 200307000200 04/22/12 01 WATER OP-LIGHTS 51-510-54-00-5480 2,930.05 INVOICE TOTAL: 2,930.05 * CHECK TOTAL: 2,930.05 513229 FIRST FIRST PLACE RENTAL 222184-1 04/13/12 01 WATER OP-MARKING PAINT AND 51-510-56 00-5620 363.96 0 DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 513229 FIRST FIRST PLACE RENTAL 222184-1 04/13/12 02 FLAGS ** COMMENT ** INVOICE TOTAL: 363.96 CHECK TOTAL: 363.96 513230 FLATSOS RAQUEL HERRERA 041112 04/11/12 01 STREETS-TIRE REPAIR 01-410-54-00-5495 10.00 INVOICE TOTAL: 10.00 CHECK TOTAL: 10.00 513231 FREDRICR ROB FREDRICKSON 050112 05/01/12 01 FINANCE-APRIL 2012 MOBILE 01-120-54-00-5440 45.00 02 EMAIL REIMBURSMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 513232 GARDKOCH GARDINER KOCH & WEISBERG H-1961C-83448 04/12/12 01 ADMIN SERVICES-KENDALL MARKET 01-640-54-00-5461 296.00 02 PLACE ** COMMENT ** INVOICE TOTAL: 296.00 H-1974C-83000 04/12/12 01 ADMIN SERVICES-IEPA MATTERS 01-640-54-00-5461 1,249.30 INVOICE TOTAL: 1,249.30 H-2013C-82929 04/12/12 01 ADMIN SERVICES-HAMMAN FEES 01-640-54-00-5461 758.50 02 MATTER ** COMMENT ** INVOICE TOTAL: 758.50 H 2364C-83449 04/12/12 01 ADMIN SERVICES-KIMBALL HILL 01-640-54-00-5461 277.50 n DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------------- 513232 GARDKOCH GARDINER KOCH & WEISBERG H-2364C-83449 04/12/12 02 MATTERS ** COMMENT ** INVOICE TOTAL: 277.50 * H-2932C 83482 04/17/12 01 ADMIN SERVICES-WINDETTE RIDGE 01-640-54-00-5461 1,072.03 INVOICE TOTAL: 1,072.03 * CHECK TOTAL: 3,653.33 513233 GERLACHS SARA GERLACH 040512 04/05/12 01 POLICE-ISP TRAINING GAS 01-210-56-00-5695 344.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 344.00 CHECK TOTAL: 344.00 513234 GOLINSKI GARY GOLINSKI 050112 05/01/12 01 ADMIN-APRIL 2012 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 513235 HARTRICH HART, RICHARD 042612 04/26/12 01 POLICE-REIMBURSEMENT FOR FBI 01-210-54-00-5415 25.00 02 MONTHLY TRAINING MEETING ** COMMENT ** INVOICE TOTAL: 25.00 CHECK TOTAL: 25.00 513236 HARTROB HART, ROBBIE \ 041912 04/19/12 01 POLICE K-9 SEARCH TRAINING 01-210-54-00-5415 30.17 in DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513236 HARTROB HART, ROBBIE 041912 04/19/12 02 REFRESHMENTS ** COMMENT ** INVOICE TOTAL: 30.17 CHECK TOTAL: 30.17 513237 HOMEDEPO HOME DEPOT 1017768 03/29/12 01 STREETS BREAKER 01-410-56-00-5656 5.64 INVOICE TOTAL: 5.64 8017237 03/22/12 01 STREETS-OUTLET, SWITCHPLATE, 01-410-56-00-5656 10.47 02 WORK BOX, CONDUIT ** COMMENT ** INVOICE IOTAL: 10.47 CHECK TOTAL: 16.11 513238 ILLCO ILLCO, INC. 1224884 04/12/12 01 WATER OP-PVC SUPPLIES FOR 51-510-56-00-5638 31.89 02 REPAIR OF CHLORINE EQUIPMENT ** COMMENT ** INVOICE TOTAL: 31.89 CHECK TOTAL: 31.89 513239 ILPD4811 ILLINOIS STATE POLICE 041712-CITY 04/17/12 01 ADMIN-SOLICITOR BACKGROUND 01-110-54-00-5462 34.25 02 CHECK ** COMMENT ** INVOICE TOTAL: 34.25 CHECK TOTAL: 34.25 513240 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 025873 04/16/12 01 STREETS-ADJUST BRAKES 01-410-54-00-5495 42.50 INVOICE TOTAL: 42.50 CHECK TOTAL: 42.50 1Y DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513241 INTEGRYS INTEGRYS ENERGY SERVICES, INC 19454680-1 04/24/12 01 WATER OP-2702 MILL RD 51-510-54-00-5480 1,121.79 INVOICE TOTAL: 1,121.79 CHECK TOTAL: 1, 121.79 513242 JIMSTRCK JAMES GRIBBLE 140271 04/10/12 01 WATER OP-TRUCK INSPECTION 51-510-54-00-5495 26.00 INVOICE TOTAL: 26.00 * 140488 04/23/12 01 STREETS-TRUCK INSPECTION 01-410-54-00-5495 39.00 INVOICE TOTAL: 39.00 * CHECK TOTAL: 65.00 513243 JRSTEIN JOHN R. STEINHOFF 041212 04/12/12 01 WATER OP-SPARLING CHART 51-510-56-00-5638 130.00 02 RECORDER REPAIR ** COMMENT ** INVOICE TOTAL: 130.00 * CHECK TOTAL: 130.00 513244 JUSTSAFE JUST SAFETY, LTD 16788 04/20/12 01 ADMIN-FIRST AID SUPPLIES 01-110-56-00-5610 68.35 INVOICE TOTAL: 68.35 * CHECK TOTAL: 68.35 513245 KCACP KENDALL COUNTY ASSOCIATION 858333 04/18/12 01 POLICE-MONTHLY LUNCHEON 01-210-54-00-5415 30.00 02 MEETING ** COMMENT ** INVOICE TOTAL: 30.00 CHECK TOTAL: 30.00 DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513246 KENPRINT ANNETTE M. POWELL 18868 04/05/12 01 COMM/DEV-1,000 INSPECTION 01-220-56-00-5620 119.00 02 BUILDING FIELD NOTICES ** COMMENT ** INVOICE TOTAL: 119.00 * 18899 04/18/12 01 POLICE-1, 000 PAYROLL VOUCHERS 01-210-54-00-5430 133.40 INVOICE TOTAL: 133.40 * CHECK TOTAL: 252.40 513247 LANEMUCH LANER, MUCHIN, DOMBROW, BECKER 397261 04/01/12 01 ADMIN SERVICES-GENERAL 01-640-54-00-5463 2,533.41 02 PERSONELL MATTERS ** COMMENT ** INVOICE TOTAL: 2,533.41 CHECK TOTAL: 2,533.41 513248 LESMANIN LESMAN INSTRUMENT COMPANY 1/538090 04/12/12 01 WATER OP PARTS TO REPAIR 51-510-56-00 5638 432.27 02 SPARLING RECORDER ** COMMENT ** INVOICE TOTAL: 432.27 CHECK TOTAL: 432.27 513249 MENLAND MENARDS - YORKVILLE 71787 04/10/12 01 WATER OP-BATTERIES 51-510-56-00-5620 23.88 INVOICE TOTAL: 23.88 72527 04/13/12 01 STREETS-MORTAR MIX 01-410-56-00-5640 10.41 INVOICE TOTAL: 10.41 72565 04/13/12 01 STREETS-CORONA BYPASS LOPPERS 01-410-56-00-5630 24.99 INVOICE TOTAL: 24.99 �o DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT --------------------------------- ------------------------------------------------------------------------------------------- 513249 MENLAND MENARDS YORKVILLE 73358 04/16/12 01 WATER OP-BATTERIES 51-510-56-00-5620 17.91 INVOICE TOTAL: 17.91 * 73445 04/16/12 01 STREETS-REBAR RODS, BUNGEE SET 01-410-56-00-5640 72.31 02 REBAR TIE WIRE, REBAR ** COMMENT ** INVOICE TOTAL: 72.31 * 73624 04/17/12 01 STREETS REBAR RODS 01-410-56-00-5640 13.25 INVOICE TOTAL: 13.25 * CHECK TOTAL: 162.75 513250 MERLIN DEYCO, INC. 16690 04/17/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 31.65 INVOICE TOTAL: 31.65 * 16797 04/23/12 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * CHECK TOTAL: 61.60 513251 METIND METROPOLITAN INDUSTRIES, INC. 0000259084 04/23/12 01 SEWER OP REPAIRS TO LIFT 52-520-56-00-5613 2,788.00 02 STATION PUMP ** COMMENT ** INVOICE TOTAL: 2,788.00 CHECK TOTAL: 2,788.00 513252 MJELECT MJ ELECTRICAL SUPPLY, INC. 1127499-02 04/02/12 01 STREETS-FUSES 01-410-56-00-5640 185.00 INVOICE TOTAL: 185.00 DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513252 MJELECT MJ ELECTRICAL SUPPLY, INC. 1127522-00 04/02/12 01 WATER OP-BUSHING FOR 51-510-56-00-5638 16.50 02 ELECTRICAL CONNECTION OF ** COMMENT ** 03 GENERATOR AT RAINTREE ** COMMENT ** INVOICE TOTAL: 16.50 * 1127640 00 04/09/12 01 STREETS-BALLAST 01-410-56-00-5656 5,8.00 INVOICE TOTAL: 58.00 * 1127640-01 04/12/12 01 STREETS BALLAST 01-410-56-00-5656 39.00 INVOICE TOTAL: 39.00 * 1127643-00 04/10/12 01 WATER OP-BUSHING FOR 51-510-56-00-5638 15.95 02' ELECTRICAL CONNECTION AT ** COMMENT ** 03 RAINTREE ** COMMENT ** INVOICE TOTAL: 15.95 * 1127727-00 04/13/12 01 STREETS-TIMER FOR OUTDOOR 01-410-56-00-5656 59.00 02 LIGHTS ** COMMENT ** INVOICE TOTAL: 59.00 * 1127728-00 04/13/12 01 STREETS-PHOTO CONTROLLER 01-410-56-00-5640 23.00 INVOICE TOTAL: 23.00 * CHECK TOTAL: 396.45 513253 NATLTWN NATIONAL ASSOCIATION OF TOWN IL212-041912 04/19/12 01 POLICE-ANNUAL NATW MEMBERSHIP 01-210-54-00-5460 35.00 02 RENEWAL ** COMMENT ** INVOICE TOTAL: 35.00 CHECK TOTAL: 35.00 513254 NEXTEL NEXTEL COMMUNICATIONS _ls DATE: 05/03/12 UNITED CITY .OF YORKVILLE PAGE: 15 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------------------------------- 513254 NEXTEL NEXTEL COMMUNICATIONS 837900513-122-C 04/21/12 01 COMM/DEV-MONTHLY CHARGES 01-220-54-00-5440 153.71 02 POLICE-MONTHLY CHARGES 01-210-54-00-5440 894.15 03 SEWER OP-MONTHLY CHARGES 52-520-54-00-5440 136.09 04 STREETS-MONTHLY CHARGES 01-410-54-00-5440 172.96 05 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 210.19 INVOICE TOTAL: 1,567.10 * CHECK TOTAL: 1, 567.10 513255 NICOR NICOR GAS 07-72-09-0117 7-0312 04/23/12 01 ADMIN-1301 CAROLYN CT 01-110-54-00-5480 27.99 INVOICE TOTAL: 27.99 * 15-41-50-1000 6-0312 04/09/12 01 ADMIN-804 GAME FARM RD 01-110-54-00-5480 261.02 INVOICE TOTAL: 261.02 * 20-52-56-2042 1-0312 04/09/12 01 ADMIN 420 FAIRHAVEN 01-110-54-00-5480 78.12 INVOICE TOTAL: 78.12 * 31-61-67-2493 1-0312 04/09/12 01 ADMIN 276 WINDHAM CIRCLE 01-110-54-00-5480 29.25 INVOICE TOTAL: 29.25 * 61-60-41-1000 9-0312 04/13/12 01 ADMIN- 610 TOWER LANE 01-110-54-00-5480 157.99 INVOICE TOTAL: 157.99 * 66-70-44-6942 9-0312 04/10/12 01 ADMIN-100 RAINTREE RD 01-110-54-00-5480 82.71 INVOICE TOTAL: 82.71 83-80-00-1000 7-0312 04/12/12 01 ADMIN-610 TOWER LANE 01-110-54-00-5480 46.88 INVOICE TOTAL: 46.88 CHECK TOTAL: 683.96 513256 OLSONB BART OLSON DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513256 OLSONB BART OLSON 050112 05/01/12 01 ADMIN-APRIL 2012 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 513257 PATTEN PATTEN INDUSTRIES, INC. PM600208019 04/09/12 01 WATER OP-REMOVE AND REPLACE 51-510-54-00-5495 3, 837.01 02 ELEMENT TO REPAIR HEATER ** COMMENT ** INVOICE TOTAL: 3,837.01 CHECK TOTAL: 3,837.01 513258 PHILSTOP PHIL'S TOP SOIL, INC. 26729 04/07/12 01 WATER OP-DIRT 51-510-56-00-5620 90.00 INVOICE TOTAL: 90.00 CHECK TOTAL: 90.00 513259 PITBOW PITNEY BOWES 1970458-AP12 04/13/12 01 FINANCE-01/30/12 - 04/30/12 01-120-54-00-5462 700.00 02 LEASE ** COMMENT ** INVOICE TOTAL: 700.00 CHECK TOTAL: 700.00 513260 QUILL QUILL CORPORATION 2446591 04/12/12 01 ADMIN-DESK CALL BELL 01-110-56-00-5610 3.95 INVOICE TOTAL: 3.95 2543733 04/17/12 01 POLICE-INDEX TABS, DVD SPINDLE 01-210-56-00-5610 84.93 INVOICE TOTAL: 84.93 CHECK TOTAL: 88.88 DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513261 R0000797 BRENDA KAY LAUNIUS 042412 04/24/12 01 ADMIN—BEECHER DEPOSIT REFUND 01-000-24-00-2410 50.00 INVOICE TOTAL: 50.00 CHECK TOTAL: 50.00 513262 R0001026 RAFAEL MONROY 042612 04/26/12 01 ADMIN—REFUND FEE AS PER ADMIN 01-000-43-00-4325 500.00 02 ORDER OF 04/05/12 ** COMMENT ** INVOICE TOTAL: 500.00 CHECK TOTAL: 500.00 513263 R0001027 CAROL BERGER 043012 04/30/12 01 SEWER OP—REFUND OF PAYMENTS 52-000-44-00-4435 2,857.50 02 TO CITY FOR SEWER SERVICES ** COMMENT ** 03 THAT HOME OWNER NEVER RECIEVED ** COMMENT ** INVOICE TOTAL: 2, 857.50 CHECK TOTAL: 2,857.50 513264 R0001028 RITA ROBERTSON 050112 05/01/12 01 WATER OP—FEE FOR CARPET 51-510-56-00-5620 400.00 02 REPLACEMENT IN LIEU OF CLAIM ** COMMENT ** INVOICE TOTAL: 400.00 CHECK TOTAL: 400.00 513265 SERVMASC SERVICEMASTER COMM. CLEANING 156604 04/26/12 01 ADMIN—MONTHLY OFFICE CLEANING 01-110-54-00-5488 1, 196.00 INVOICE TOTAL: 1, 196.00 CHECK TOTAL: 1, 196.00 �o DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513266 SHELL SHELL OIL CO. 065356230204-PD 04/12/12 01 POLICE-GASOLINE 01-210-56-00-5695 3,469.18 INVOICE TOTAL: 3,469.18 CHECK TOTAL: 3,469.18 513267 SLEEZERJ SLEEZER, JOHN 050112 05/01/12 01 STREETS-APRIL 2012 MOBILE 01-410-54-00-5440 45.00 02 EMAIL REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 513268 SOFTWARE SOFTWARE PERFORMANCE 410908 04/02/12 01 POLICE-50 HOUR BLOCK OF TIME 01-210-54-00-5462 5,999.00 02 CONTRACT TO BE USED 04/01/12 - ** COMMENT ** 03 04/15/12 WITH 7 HOURS OF ** COMMENT ** 04 TELEPHONE SUPPORT ** COMMENT ** INVOICE TOTAL: 5,999.00 410937 04/16/12 01 POLICE-2 - 4 PORT NETWORK 01-210-56-00-5635 1,085.82 02 INTERFACE CARDS, 18 - 7' PATCH ** COMMENT ** 03 CABLES ** COMMENT ** INVOICE TOTAL: 1,085.82 410939 04/24/12 01 POLICE-FIRST 33 HOURS OF 01-210-54-00-5462 3,959.34 02 CONTRACT HOURS FOR SERVER ** COMMENT ** 03 TRANSFERS AND CONFIGURATIONS ** COMMENT ** INVOICE TOTAL: 3,959.34 * 410942 04/24/12 01 POLICE-PORT GB SWITCH FOR 01-210-56-00-5635 299.00 02 TELCO RACK ** COMMENT ** INVOICE TOTAL: 299.00 * CHECK TOTAL: 11,343.16 _10_ DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513269 SOSTECH SOS TECHNOLOGIES 49944-C 03/22/12 01 POLICE-DEFIBRILLATOR 01-210-56-00-5620 3, 987.50 INVOICE TOTAL: 3, 987.50 50460 04/10/12 01 POLICE-TRAINING PADS 01-210-56-00-5640 67.55 INVOICE TOTAL: 67.55 * CHECK TOTAL: 4,055.05 513270 SPEEDWAY SPEEDWAY 1001542438-0412-C 04/25/12 01 POLICE-GASOLINE 01-210-56-00-5695 2, 100.50 02 WATER OP-GASOLINE 51-510-56-00-5695 1, 130.93 03 SEWER OP-GASOLINE 52-520-56-00-5695 1,130.93 04 STREETS-GASOLINE 01-410-56-00-5695 1, 130.93 INVOICE TOTAL: 5,493.29 CHECK TOTAL: 5,493.29 513271 STREICH STREICHERS I920091 04/09/12 01 POLICE-PANTS 01-210-56-00-5600 59.99 INVOICE TOTAL: 59.99 I921271 04/12/12 01 POLICE-POLO SHIRTS 01-210-56-00-5600 175.99 INVOICE TOTAL: 175.99 I923322 04/20/12 01 POLICE-BORE BRUSH, PATCHES 01-210-56-00-5620 37.96 INVOICE TOTAL: 37.96 CHECK TOTAL: 273.94 513272 TAPCO TAPCO I391863 04/13/12 01 MFT-SIGNS 15-155-56-00-5619 167.16 INVOICE TOTAL: 167.16 DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT --------------- ---- _ ------------ --------------------------------------------------------------------------------------- 513272 TAPCO TAPCO 1391864 04/13/12 01 MFT-SIGNS 15-155-56-00-5619 39.74 INVOICE TOTAL: 39.74 CHECK TOTAL: 206.90 513273 UPSSTORE THE UPS STORE - #5361 041312 04/13/12 01 ADMIN-2 PKGS TO KFO 01-110-54 00-5452 79.84 02 WATER OP-2 PKGS TO ILEPA 51-510-54-00-5452 116.00 INVOICE TOTAL: 195.84 CHECK TOTAL: 195.84 513274 VISA VISA 042612-CITY 04/26/12 01 ADMIN-REGISTRATION FOR TWO 01-000-14-00-1400 60.00 02 TRAINING CLASSES, ONE FOR ** COMMENT ** 03 HEALTHCARE COVERAGE AND ONE ** COMMENT ** 04 FOR UTILITY BILLING ** COMMENT ** 05 FINANCE-REOCCURRING WEBSITE 01-120-54-00-5462 20.95 06 UPKEEP FEES ** COMMENT ** 07 WATER OP-CABLE 51-510-56-00-5620 22.32 08 SEWER OP-CABLE 52-520-56 00-5620 22.32 09 STREETS-CABLE 01-410-56 00-5620 22.31 INVOICE TOTAL: 147.90 CHECK TOTAL: 147.90 513275 WALMART WALMART COMMUNITY 042212 CITY 04/22/12 01 ADMIN-CLOROX WIPES, KLEENEX, 01-110-56-00-5610 47.36 02 SOAP, PAPER TOWELS ** COMMENT ** INVOICE TOTAL: 47.36 CHECK TOTAL: 47.36 o�_ DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513276 WAREHOUS WAREHOUSE DIRECT 1521215-0 04/12/12 01 ADMIN-STATIONARY, ENVELOPES 01-110-56-00-5610 52.90 02 COMM/DEV-PERMIT PAPER 01-220-56-00-5610 10.00 INVOICE TOTAL: 62.90 * 1524414-0 04/16/12 01 ADMIN-TAPE, BATTERIES 01-110-56-00-5610 27.01 INVOICE TOTAL: 27.01 * 1532202-0 04/23/12 01 COMM/DEV-HANGING FOLDERS 01-220-56-00-5610 35.80 INVOICE TOTAL: 35.80 * 1533659 0 04/24/12 01 ADMIN-BATTERIES 01-110-56-00-5610 17.99 INVOICE TOTAL: 17.99 * C1524414-0 04/25/12 01 ADMIN MERCHANDISE RETURN 01-110-56-00-5610 -14.58 02 CREDIT ** COMMENT ** INVOICE TOTAL: -14.58 * CHECK TOTAL: 129.12 513277 WATERSM MIKE WATERS 042312 04/23/12 01 WATER OP-REIMBURSEMENT FOR 51-510-54-00-5460 60.00 02 CDL RENEWAL AS PER UNION ** COMMENT ** 03 CONTRACT ** COMMENT ** INVOICE TOTAL: 60.00 * CHECK TOTAL: 60.00 513278 YBSD YORKVILLE BRISTOL 0551-009299966 03/31/12 01 WATER OP-MARCH 2012 FEES 51-510-56-00-5638 5,807.38 INVOICE TOTAL: 5,807.38 * CHECK TOTAL: 5, 807.38 �o DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513279 YORKACE YORKVILLE ACE & RADIO SHACK 143190 04/12/12 01 WATER OP MASTER LOCKS, HOSE 51-510-56-00-5638 109.42 INVOICE TOTAL: 109.42 * 143200 04/19/12 01 POLICE-BULB REPLACEMENT FOR 01-210-56-00-5640 17.98 02 MAG CHARGER ** COMMENT ** INVOICE TOTAL: 17.98 * 143270 04/19/12 01 SEWER OP-SEWER CPM 52-520-56-00-5635 6.98 INVOICE TOTAL: 6.98 * 143330 04/24/12 01 POLICE-REPLACEMENT BULBS FOR 01-210-56-00-5640 49.94 02 MAG CHARGER ** COMMENT ** INVOICE TOTAL: 49.94 * CHECK TOTAL: 184.32 513280 YORKCLER YORKVILLE CLERK'S ACCOUNT 153478 04/23/12 01 COMM/DEV-ORDINANCE FOR TUSCAN 01-220-54-00-5466 52.00 02 PLAZA ** COMMENT ** 03 WATER OP-FILING WATER LIENS 51-510-54-00-5462 245.00 04 WATER OP-RELEASING WATER LIENS 51-510-54-00-5462 245.00 INVOICE TOTAL: 542.00 * CHECK TOTAL: 542.00 513281 YORKSELF YORKVILLE SELF STORAGE, INC 042412-45 04/24/12 01 POLICE-STORAGE 01-210-54-00-5485 75.00 INVOICE TOTAL: 75.00 * CHECK TOTAL: 75.00 513282 YOUNGM MARLYS J. YOUNG DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 08:07:58 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ---------------------------------------------------------------------------------------------------------------------------- 513282 YOUNGM MARLYS J. YOUNG 040312 04/12/12 01 ADMIN-APRIL 3 EDC MEETING 01-110-54-00-5462 46.25 02 MINUTES ** COMMENT ** INVOICE TOTAL: 46.25 CHECK TOTAL: 46.25 TOTAL AMOUNT PAID: 106,282.43 _9n DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 08:24:02 CHECK REGISTER FY 2013 PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513283 BANCAMER BANC OF AMERICA LEASING 012110875-CITY 04/22/12 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 05 POLICE-COPIER LEASES 01-210-54-00-5485 277.00 06 STREETS-COPIER LEASE 01-410-54-00-5485 33.00 07 WATER OP-COPIER LEASE 51-510-54-00-5485 33.00 08 SEWER OP-COPIER LEASE 52-520-54-00-5485 33.00 INVOICE TOTAL: 935.00 CHECK TOTAL: 935.00 513284 BNYCORP THE BANK OF NEW YORK 252-1622416 04/18/12 01 DEBT SERVICE-2012 FOX IND. 42-420-54-00-5498 214.00 INVOICE TOTAL: 214.00 CHECK TOTAL: 214.00 513285 DEPO DEPO COURT REPORTING SVC, INC 15402 04/17/12 01 DEVELOPER ESCROW-SPECIAL USE 90-037-37-00-0011 823.85 02 PERMIT REQUEST FOR EVERGREEN ** COMMENT ** 03 FARM ESTATES PROPERTY ** COMMENT ** INVOICE TOTAL: 823.85 CHECK TOTAL: 823.85 513286 EEI ENGINEERING ENTERPRISES, INC. 50787 04/20/12 01 DEVELOPER ESCROW-RUSH COPLEY 90-027-27-00-0111 1,061.50 02 FREESTANDING EMERGENCY CENTER ** COMMENT ** INVOICE TOTAL: 1,061.50 50793 04/20/12 01 DEVELOPER ESCROW EVERGREEN 90-037-37-00-0111 2, 132.50 �c DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 08:24:02 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ----------------------------------------------------------------------------------------------------------------------------------- 513286 EEI ENGINEERING ENTERPRISES, INC. 50793 04/20/12 02 FARMS ESTATES ** COMMENT ** INVOICE TOTAL: 2, 132.50 CHECK TOTAL: 3, 194.00 513287 FOXRIVER FOX RIVER STUDY GROUP FY2013 05/02/12 01 ADMIN-FINANCIAL PARTICIPATION 01-110-54-00-5490 1,550.00 02 IN THE FOX RIVER STUDY GROUP ** COMMENT ** 03 WATER QUALITY STUDY ** COMMENT ** INVOICE TOTAL: 1,550.00 CHECK TOTAL: 1,550.00 513288 ITRON ITRON 239942 04/11/12 01 WATER OP-MAY HOSTING SERVICES 51-510-54-00-5462 456.23 INVOICE TOTAL: 456.23 CHECK TOTAL: 456.23 513289 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 042312 04/23/12 01 POLICE-FTA WARRANT FEES 01-000-24-00-2412 70.00 INVOICE TOTAL: 70.00 CHECK TOTAL: 70.00 513290 MESIROW MESIROW INSURANCE SERVICES .INC 766905 04/20/12 01 ADMIN SERVICES-INSTALLMENT 7 01-640-52-00-5231 6,658.00 02 OF 10 ** COMMENT ** 03 WATER OP-INSTALLMENT 7 OF 10 51-510-52-00-5231 828.00 04 SEWER OP-INSTALLMENT 7 OF 10 52-520-52-00-5231 551.00 nc DATE: 05/03/12 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 08:24:02 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/08/12 CHECK # VENDOR # INVOICE INVOICE IT8M NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 513290 MESIROW MESIROW INSURANCE SERVICES INC 766905 04/20/12 05 ADMIN SERVICES-INSTALLMENT 7 01-640-52-00-5231 1,381.00 06 OF 10 FOR PARK & REC ** COMMENT ** 07 ADMIN SERVICES-INSTALLMENT 7 01-640-52-00-5231 434.00 08 7 OF 10 FOR REC CENTER ** COMMENT ** 09 LIBRARY-INSTALLMENT 7 OF 10 82-820-52-00-5231 961.00 INVOICE TOTAL: 10,813.00 * 767669 04/23/12 01 ADMIN SERVICES-LIQUOR 01-640-52-00-5231 1,050.00 02 LIABILITY POLICY #LIQ205184 ** COMMENT ** INVOICE TOTAL: 1,050.00 CHECK TOTAL: 11,863.00 513291 SOFTWARE SOFTWARE PERFORMANCE 410939-13 04/24/12 01 ADMIN SERVICES-REMAINING BLOCK 01-640-54-00-5450 2,039.66 02 OF CONTRACTED TIME FOR SERVICE ** COMMENT ** 03 AND SUPPORT ** COMMENT ** INVOICE TOTAL: 2,039.66 CHECK TOTAL: 2,039.66 513292 WATERPRO RI WATERMAN PROPERTIES 051812 30 05/01/12 01 WATER OP-GRAND RESERVE COURT 51-510-75-00-7502 22,988.77 02 ORDER PYMT #30 ** COMMENT ** INVOICE TOTAL: 22,988.77 CHECK TOTAL: 22,988.77 TOTAL AMOUNT PAID: 44,134.51 n� UNITED CITY OF YORKVILLE PAYROLL SUMMARY 4/27/2012 REGULAR OVERTIME TOTAL IMRF FICA TOTALS MAYOR& LIQ. COM. $ 908.34 $ - $ 908.34 $ - $ 69.49 $ 977.83 CLERK 641.67 - 641.67 22.98 37.37 702.02 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 9,078.60 - 9,078.60 875.49 640.72 10,594.81 FINANCE 6,406.14 - 6,406.14 617.55 481.24 7,504.93 POLICE 72,720.71 891.51 73,612.22 435.74 5,353.11 79,401.07 COMMUNITY DEV. 6,632.50 - 6,632.50 639.37 490.44 7,762.31 STREETS 9,699.80 147.46 9,847.26 949.27 731.04 11,527.57 WATER 12,976.26 75.51 13,051.77 1,258.19 960.95 15,270.91 SEWER 7,106.62 76.40 7,183.02 692.44 534.77 8,410.23 PARKS 13,849.52 - 13,849.52 1,335.10 1,026.97 16,211.59 RECREATION 10,922.45 - 10,922.45 960.46 796.19 12,679.10 REC.CENTER 7,167.21 - 7,167.21 324.68 548.44 8,040.33 LIBRARY 16,725.43 - 16,725.43 901.66 1,252.44 18,879.53 TOTALS $ 179,335.25 $ 1,190.88 $ 180,526.13 $ 9,446.73 $ 13,214.77 $ 203,187.63 TOTAL PAYROLL $ 203,187.63 UNITED CITY OF YOR"ILLE CITY COUNCIL BILL LIST SUMMARY Tuesday, May 08, 2012 PAYROLL DATE BI-WEEKLY 4/27/2012 $140,471 .83 ELECTED OFFICIAL 4/27/2012 $6,905.25 TOTAL PAYROLL $147,377.08 ACCOUNTS PAYABLE BILLS LIST - FY 12 5/8/2012 $106,282.43 BILLS LIST - FY 13 5/8/2012 $44,134.51 MANUAL BILL LIST - YORKVILLE POST OFFICE 4/30/2012 $2,032.72 TOTAL BILLS PAID $152,449.66 TOTAL DISBURSEMENTS $299,826.74 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 2012-33 Agenda Item Summary Memo Title: Minutes of the City Council—March 27, 2012 Meeting and Date: City Council 5/8/12 Synopsis: Approval of minutes. Council Action Previously Taken: Date of Action: CC 4/24/12 Action Taken: Tabled. Item Number: CC 2012-33 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,MARCH 27,2012 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Gilson Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren, City Treasurer Powell, City Attorney Orr, City Administrator Olson, Deputy Chief of Police Schwartzkopf,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 None. PRESENTATIONS Certificate of Recognition for Eagle Scout—Tyler Farnsworth Mayor Golinski presented a certificate of recognition to Tyler Farnsworth in recognition of his achievement to the rank of Eagle Scout. Tyler Farnsworth spoke about his Eagle Scout project. PUBLIC HEARINGS None. CITIZEN COMMENTS Mark Johnson, Georgeanna Street, came to discuss the City's budget. (See attached.) Dan Lane,Heartland, discussed the tentative agreement to purchase the Rec Center. He was happy that the Council understood the importance of the Rec Center and the programs it offers. When it is time for voting on the acceptance of this purchase,he hopes the Council will keep in mind what the Rec Center provides for the City of Yorkville. The Rec Center enriches the lives of Yorkville's citizens and increases Yorkville's property values. He understands that some of the Council members do not think this is a wise purchase. He asks that these members look at what is best for the future of Yorkville. Jesus Alaniz, Colonial Parkway, discussed last Tuesday's vote. As a poll watcher,he had the opportunity to listen to voters express their sentiment about the local government. He has little confidence in the Illinois state government. In response to Governor Quinn's statement about the need for more roofs in the state,he countered with the fact that the state has over 13,000 homes in foreclosure. He addressed the negative impact increased gas and other energy costs have had on the country. He expressed concern over the City's indebtedness, and he warned against spending for projects if it means increasing the citizen's tax burden. Lisa Peterson, Adrian Street, addressed the issue of the City's possible consideration of purchasing the Rec Center building. She believes the City managed just fine before they had the Rec Center building. She feels most citizens are in agreement that purchasing the Rec Center is a poor decision. She finds it hard to believe that the City cannot find another space to rent for the considered monthly mortgage payment of$18,333. Since citizens pay taxes for the schools, she feels the school buildings should be available to the residents for a nominal fee.At the Rec Center, citizens still pay membership dues. There are other options available for citizens who want to pay for exercise. Taxpayers don't need to subsidize this project. The Rec Center has a membership base of 1,400 residents which is 8%of Yorkville's population. The City should not be competing with private industry to fund this type of business. Personal desires and wants must be separated by what is best for the community as a whole. She believes the purchase of the Rec Center building should be put on the ballot as a referendum in November. Then The Minutes of the Regular Meeting of the City Council—March 27,2012—Page 2 of 7 residents can decide if they want to spend 4.359 million dollars of taxpayer's money over the next 20 years. The City, first and foremost,needs to meet essential services before non-essential items can be added to the City's budget. She wanted to clarify that she is not against having a facility for the town to use for recreational activities. Her main issue is that the City can't afford it. Mark Johnson, Georgeanna Street,would like to challenge everyone to go to Jc Pond and take a look to the south to see what is happening with the state tax dollars on Blackberry Creek. The wetlands that the state is supposed to be protecting have been destroyed.All of the trees have been cut down. It is going to take years for that area to get back to normal.He would like to know, since the City turned down the agreement with the state, if that means the City no longer has to spend money to maintain it. He asked is it all in with the YBSD?If that is the case, does the YBSD have its own money or is the money coming from City funds?He is concerned that, in the future,the City will be stuck with the bill. CONSENT AGENDA 1. Bills for Payment-$491,230.14 (CC 2012-26) 2. Resolution 2012-008 MFT General Maintenance Appropriation Resolution for FY 2013 (PW 2012-23) 3. Request to Purchase Two Vehicles(PS 2012-05) Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Munns; seconded by Alderman Kot. 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—February 28,2012(CC 2012-27) Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting for February 28,2012 as presented. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Alderman Kot,page 1,2nd paragraph from the bottom, 1s2 line should state golf outing. Alderman Milschewski page 1, clarify John McCue was not talking during Lynn Dubajic's conversation, and year should be years. On page 4,under Ann Moehring,keep capitalization consistent on Autumn Creek and Push for the Path, clarify it was Ann's daughter.Under Jill Feishman, change I to reflect Jill Feishman. Alderman Milschewski asked that I review the last sentence of the Jill Feishman's paragraph. On page 5, second residents should be Push for the Path, and built should be build. Same paragraph, 3 lines from the bottom, change wording. The next paragraph with Lynn Dubajic should be the word write. On the same page she asked to keep the Wards consistent in how they are written. On page 6, 2nd paragraph under Alderman Spears, it should be YEDC. On page 8 of 12,under Recreation Facility, 10 lines down, it should be final. She asked City Clerk Warren to clarify the section under Recreation Facility. Page 11,motion should say base bid. Under Community and Liaison,KenCom,4th line down, least should be leased.Under Kids Fighting Cancer shavies should be spelled shavees and the year is incorrect. Alderman Gilson page 9, stated stock should be star.Under Kendall Marketplace starting with the sentence the City later met with staff and EEI Engineer Sanderson,he would like the tape reviewed. On page 9,2nd paragraph,under Kendall Marketplace,put a comma after site and take out and.Add pays. On page 9,2nd paragraph,under Kendall Marketplace, should state they are responsible for. On page 9,2nd paragraph,under Kendall Marketplace,the sentence that begins with why would the City, should end in a question mark and Alderman Gilson wants it clear that he stated this. Alderman Gilson would like the tape reviewed on page 9, starting with the sentence this would have been something that on site the City would have given the developer. On page 10,take out are, and change there to their and change there to it. Alderman Funkhouser page 6 should state there is support from the community. On page 11,Aurora Area Convention, should state good potential but we have not seen it instead of good potential that we haven't seen. Same place should state investment not investors. Mayor Golinski asked the Council if they would like the minutes to come back. Alderman Gilson requested that they come back to City Council. Mayor Golinski entertained a motion to table the minutes to the next City Council meeting. So moved by Alderman Milschewski; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-7 Nays-0 Milschewski-aye, Spears-aye,Munns-aye,Funkhouser-aye, Gilson-aye, Teeling-aye,Kot-aye The Minutes of the Regular Meeting of the City Council—March 27,2012—Page 3 of 7 *Alderman Colosimo was not present for the vote. REPORTS MAYOR'S REPORT Ordinance Establishing Ward Redistricting and Realignment Based Upon Current Census (ADM 2011-41) Mayor Golinski entertained a motion to approve an ordinance establishing ward redistricting and realignment based upon current census and authorize the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Funkhouser. Alderman Kot asked when this would take effect. City Administrator Olson stated the ordinance takes effect when it is passed and signed,but the actual ward maps will be implemented the next election. Alderman Spears brought up the discussion with City Administrator Olson about Teri Lane. City Administrator Olson stated Teri Lane can be switched to another district through a policy decision if the City Council chooses to do so. The entrance of Teri Lane is off Ward II. It is adjacent to Ward IV. It wouldn't hurt the individual calculations if it were moved. Alderman Spears asked if the Council could readdress this at a later time. If changes need to be made, City Administrator Olson stated this is the time to make the changes. Alderman Spears proposed that the City change Teri Lane to Ward IV. Alderman Gilson seconded the motion. Mayor Golinski asked for comments on the amendment. Alderman Funkhouser is not sure this would fit in as being one of the criteria that the committees have examined. This seems to be splitting a small piece out of one ward into another ward. Alderman Spears stated Teri Lane was originally in Ward IV. Alderman Milschewski wanted to know what is driving the change.Alderman Spears stated the residents are driving the change.Alderman Teeling has not received any e-mails, and she would like to have known that Alderman Spears received e-mails. Alderman Colosimo showed the map of the districts. Mayor Golinski said there is no rush on the ward redistricting. Alderman Gilson stated if it is contiguous to Ward IV, and the residents have expressed that they want to be served by the same alderman,he does not have a problem with that. Alderman Teeling would like to hear from the residents,too. She did not know that any of the residents had problems with the redistricting. Alderman Milschewski has not received any feedback from residents. Since it is coming into her ward,she would like to view the e-mails. Mayor Golinski asked if the Council wanted to table the ordinance or vote on the amendment. Alderman Milschewski made a motion to table the ordinance to the next City Council meeting; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye Spears-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye,Teeling-aye, Gilson-aye,Kot-aye FY13 Employee Benefits Renewal (ADM 2012-18) Mayor Golinski entertained a motion to authorize staff to cancel the contract with MetLife and approve a contract with Lincoln Financial Group for life insurance,to renew a contract with Eye Med for vision insurance,to renew a contract with Blue Cross Blue Shield for dental and medical insurance,and to set non union employee contribution rates for health insurance at the following: HMO employee, employee+ spouse, employee+children coverage at 8.5%; HMO family coverage at 7.5%; PPO employee, employee+ spouse, employee+children coverage at 9.5%; and PPO family coverage at 9.0%; coverage of police department unions and public works union will remain at rates specified in their contracts. So moved by Alderman Milschewski; seconded by Alderman Kot. Alderman Kot asked if this passes,will any of Yorkville's employees be paying more for their health insurance. City Administrator Olson answered,yes. Alderman Kot stated the employees that are not under contract are going to mirror the Public Works contract. Are those going up?City Administrator Olson answered,yes,it would be the same for both Public Works union employees and non-union employees. 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 Ordinance Approving the 2012-2013 Fiscal Budget for the United City of Yorkville (CC 2012-10) Mayor Golinski entertained a motion to approve an ordinance approving the 2012-2013 fiscal budget for the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Milschewski. The Minutes of the Regular Meeting of the City Council—March 27,2012—Page 4 of 7 Mayor Golinski wanted to give Finance Director Fredrickson a public acknowledgment and thank him and his team for all the hard work they did on the budget. Mayor Golinski thanked all the department heads,the staff, and City Administrator Olson for all the work they have done on this year's budget. This is the first year the City has done a five-year budget. This will give the Council multiple years to address any problems it sees on the horizon.Mayor Golinski thanked the City Council for all they have accomplished in the last 10 months, and he wanted to point out the Council's accomplishments. The City's tax rate has been lowered by 30%, and property taxes are expected to go down each year through 2015. The City has erased its negative fund balance, and the City will finish 2012 with a higher surplus. The proposed fiscal year 13 budget also anticipates a surplus, so the City is building its fund balance. The county is going to help with the River Road Bridge funding. The City should be close to the 15% fund balance in fiscal year 13 for the first time since 2008. The City was able to hire three new officers in fiscal year 12. The City is adding a sergeant in fiscal year 13 and one officer per year through 2017. The City is quadrupling its road maintenance budget from 50,000 to 200,000 in fiscal year 13. The Rec Center budget will be a huge improvement for fiscal year 11 to 12. Only a small deficit is expected. The City and its budget are moving in the right direction.Mayor Golinski wanted to remind everyone that the City's financial problems were not created overnight,and they are not going to be fixed overnight. Alderman Kot requested the staff put together numbers of surrounding communities in regards to what they pay their employees and for the raises the employees receive. He hopes the Council will take a good look at this, and he hopes the Council will review this again in six months. The City of Yorkville's employees have gone four years without a pay raise, and now some may see a slight increase in pay with their healthcare cost. Alderman Gilson discussed the Countryside TIF debt,and the fact that in fiscal year 18 the City is looking to be upside down. He discussed refinancing the Countryside TIF. He discussed the Rob Roy sewer bans, and he is against adding$8.25 to the citizen sewer bills. He discussed the building permits, and he wanted to know if the City budgeted on 65 building permits or on the original 30 building permits. City Administrator Olson stated the City budgeted for 35 whole permits. The 30 permits that are in the build program do not need to be budgeted. Alderman Gilson read part of the budget addressing streetscapes, and he wanted to know how the City would budget for streetscapes. He wanted to know where the money is coming from if the TIF funds do not cover streetscapes. City Administrator Olson stated the comment was related to last year's memo, and stated that the City is not proposing in fiscal year 13 to either bond or pay for the Route 47 expansion costs upfront. It will be stretched over 10 years.Alderman Gilson wanted to know the update on the Beecher Center, HVAC, and City Administrator Olson stated there is no update. Alderman Gilson discussed Fox Hill water and sewer recapture. He wanted to know when the City is due to completely pay off the Fox Hill recapture. The answer was 2023. He wanted to know how much interest the City would accumulate waiting to 2023 to pay that off. City Administrator Olson stated the total obligation was $3,000,000 or$4,000,000. Alderman Gilson discussed the West Ridge water main replacement, and he wanted to know if that has been accounted for in the budget. City Administrator Olson answered no. Alderman Gilson recommended adding budget provisions for the Sunflower Estates Subdivision storm sewer flooding issue. Public Works Director Dhuse estimated the cost at$125,000. Alderman Spears questioned if this was the time that the Council should go through the budget line by line for consensus. Mayor Golinski stated budgetary concerns should have been sent to staff in writing for explanation for budgetary items. Alderman Milschewski asked for confirmation that the items Alderman Gilson discussed were not included in the budget. City Administrator Olson confirms that to be the case. Alderman Colosimo is aware of the importance of the items listed under future obligations. The Council has to decide what should be included in this budget knowing that it is impractical to think the Council can include everything. Certain items will have to remain as policy decisions. Alderman Gilson asked City Administrator Olson to provide the estimated budgetary surplus. City Administrator Olson stated with the items as originally budgeted the surplus would be $748,000. Adopting the changes discussed increases the surplus to $900,000. Alderman Gilson prefers to address the much needed repairs than build a larger surplus.Alderman Colosimo said a priority needs to be established for City projects as to what should be done first. Alderman Kot said the auditors want to see a budgetary surplus. Finance Director Frederickson said the auditors view budgetary policy as a management issue. City Administrator Olson said that past auditors recommended a 50%fund balance. The City's current policy is a 15 to 25%fund balance.Mayor Golinski stated it should be the Council's priority to reach a 15%fund balance,which is our current policy. After that is met,the Council can address other issues. Alderman Kot stated once the City has achieved its fund balance requirement, additional budgetary items can be addressed. Alderman Kot and Alderman Gilson discussed possible changes to health insurance benefits for Council members.Alderman Teeling stated both the insurance benefits and establishing eligibility parameters for free senior garbage pickup were intended to be discussed in the Administration Committee meeting,but it never was. She feels the surplus is established to address the items the Council determines to be the highest priority. Alderman Milschewski asked City Administrator Olson to confirm the amount budgeted for healthcare benefits.Alderman Munns addressed the healthcare benefits. Alderman Spears addressed the healthcare benefits and gave the history The Minutes of the Regular Meeting of the City Council—March 27,2012—Page 5 of 7 as recorded from past City Council meetings and the history of the elected officials past voting record. She has been surveying healthcare benefit packages currently offered by neighboring communities. Mayor Golinski recommends discussion of healthcare benefits should be addressed at another time. Alderman Gilson prefers to address them now. He discussed healthcare benefits and the importance of these benefits as part of the total compensation package. Mayor Golinski recommends a line item of$150,000 added to the budget for employee raises. He asked for a consensus among the alderman. In favor of employee raises Alderman Milschewski,Alderman Funkhouser,Alderman Colosimo,Alderman Munns,Alderman Kot, and Alderman Teeling. Alderman Spears and Alderman Gilson had reservations, and they prefer to wait to see how other budgetary items are addressed before making their decision.Alderman Colosimo wanted to point out that this is not only an issue of needing to compensate staff,but this is also a cost benefit analysis for the long term of the municipality. It is going to save the City money. Mayor Golinski stated it sounds like a consensus, and the budget can always be modified. Alderman Gilson discussed the Kennedy Road trail. If there is a shortfall on that$357,000,where is it covered in this budget? City Administrator Olson stated when they produced the document, it hadn't been budgeted. It is to be determined. Alderman Gilson,Mayor Golinski,Alderman Colosimo, and City Administrator Olson had discussion on the Beecher Center Park and its removal in 2013 or 2014. Alderman Gilson covered the following budget issues with City Administrator Olson. He wants the City Council to consider all of these priority issues and to think about the surplus the City is going to have. The following issues were discussed: pari-mutuel tax for the off track betting facility, special engineering services,Route 47 expansion contingencies, Sunflower SSA, Illinois job proceeds, development fee under Public Works capital fund,Parks and Rec capital funds,water infrastructure fee,water connection fees, equipment,Rob Roy sewer payments,Windett Ridge sewer recapture,grants, and property taxes for the library.Alderman Gilson discussed the cash flow surplus deficit. He believes the Council should take its contingencies and spend it on necessity items. He discussed mosquito control. He discussed the tree replacement program. He suggested that money should be spent to make more trees available.He discussed maintenance cost in the budget. Alderman Gilson brought up the Police Pension Fund, and there was discussion. Alderman Colosimo asked if the City has looked at the possibility of refinancing other bonds. City Attorney Orr stated the City monitors that constantly. Alderman Gilson discussed the YBSD collection fee, and he wanted to know why the huge increase in the collection fee. He discussed the Administration Department. Training and conferences were discussed between Alderman Gilson and City Administrator Olson. He also discussed postage and shipping. Alderman Teeling wanted to know if the Council could take care of the suggestions from Alderman Gilson now. Mayor Golinski feels this is a good budget. He would like to bring it up for a vote. If a Council member doesn't agree with what is in the budget,then they have to right to vote no. The Council can always revisit this budget. The staff feels this is a good budget. The Council is currently looking at fiscal year 13. Anything after that is highly speculative and based on very conservative assumptions. He asked Alderman Gilson if he had any other comments. Alderman Gilson responded by saying that if that is the philosophy,then he will stop and vote no on the budget.Mayor Golinski stated that Alderman Gilson has had three months to ask questions to the staff. Alderman Spears stated that Alderman Gilson asked when he could go over the budget line item by line item. The budget is the most that this Council individually would have to pay attention to and check. She would like to see the Council go over the budget line item by line item once again next year.Mayor Golinski agreed that the budget is very important. That is why the City started the budget process two months earlier than normal. He asked the Council members to submit their questions to staff. Alderman Colosimo stated reviewing the budget process is a learning curve. He thinks the budget is heading in the right direction. He doesn't want to force Council members to vote on a budget when they haven't had their questions answered. He would like the Council members to have their questions answered. Mayor Golinski stated everyone is not going to agree with everything in the budget.Alderman Gilson stated "Shouldn't we be going through each proposal and voting on each proposal as it is suggested.If you don't want to do that, and no matter how many times I e-mailed him and how many answers he gives me back, if it is not discussed and there is a consensus formed amongst us as a whole, which we can't do any other way, then we haven't accomplished anything other than voting no on the budget."Mayor Golinski stated the City has a professional staff to prepare the budget. Alderman Colosimo made a motion to table the budget to the next City Council meeting; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-6 Nays-2 Spears-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-aye,Kot-nay,Munns-nay Fox Hill and Sunflower Estates SSA for Mowing and Maintenance—Bid Award (CC 2012-28) The Minutes of the Regular Meeting of the City Council—March 27,2012—Page 6 of 7 Mayor Golinski entertained a motion to award the contract for the Fox Hill and Sunflower Estates SSA mowing and maintenance to the T.L.C. Group LTD,as presented. So moved by Alderman Munns; seconded by Alderman Colosimo. Alderman Munns wanted to know how it compared to last year. City Administrator Olson answered it was cheaper. Alderman Colosimo stated the City has had several bids. There were two bids that came in at the exact same amount, and one was a local company. The bid that is recommended that the City accepts is a company out of Bolingbrook,which had the same exact amount as the company in Yorkville. He would like to give the City's business to a local company. Alderman Kot agrees,but he doesn't believe that everything is equal. Public Works Director Dhuse recommended the company in Bolingbrook because the mulching and labor price was on the extra list.Mulching will be done this year. There will be general maintenance this year, and that is why he made this selection. He would have liked to have gone with the company in Yorkville,but their price was higher. Alderman Colosimo is concerned about the quality of this company in Bolingbrook. Public Works Director Dhuse stated he did check on this company before making the recommendation to use them. Alderman Funkhouser stated with his background,he has reviewed many of these bids in the past. He knows that there is a lot of flexibility and mark up in those numbers. It is a responsible bid. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-aye,Kot-aye,Munns-aye, Spears-aye 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 Agency on Aging Alderman Spears reported on the Agency on Aging. (See attached.) KenCom Alderman Spears reported on KenCom. (See attached.) Library Alderman Colosimo said the library is grateful to the City for working with them in restructuring their budget. They voiced their agreement of sticking to the 25,000 a year increment until further notice. Push For The Path Alderman Teeling reported on Push for the Path. She spoke on the power of one. There are 43 teams now committed to raising$1,000 each. White Water Ice Cream held an event where it pledged$0.50 for every ticket that was written up. Three hundred tickets were written, so the company sent in$150.00. There was a jar set up for Push for the Path which raised$167. It was a great event. There was a packed event today at Patellis. Twenty five percent of the tickets went to Push for the Path. There will be an event held on The Minutes of the Regular Meeting of the City Council—March 27,2012—Page 7 of 7 April 13, 2012, at Cobblestone Bakery&Bistro. They will have two bands and wine tasting. Ten dollars of every ticket sold will go to Push for the Path. They are hoping to sell at least 100 tickets. Alderman Teeling appreciates all the businesses and all the individuals that have signed up for the power of one. Kids Fighting Cancer Mayor Golinski attended the St. Baldrick's fundraiser on St. Patrick's Day.He was a shavee. The St. Baldrick's Foundation raises money for childhood cancer research. He ended up shaving his mustache which raised$250.00. St. Baldricks raised$10,000 on St.Patrick's Day. Meals On Wheels Mayor Golinski stated as part of Meals on Wheels,he had the honor of delivering meals for Yorkville's homebound seniors. Meals on Wheels had a campaign in March called March for Meals.Mayors for Meals was part of that. Trivia Night Alderman Spears reported on trivia night which will be presented by the Kendall County Association of Chief of Police. It will be held at the American Legion at 7:00 in Oswego on June 09, 2012.All proceeds will go to the Kendall County SRT. Trivia teams will consist of no more than 10 people, and they are only accepting 10 teams. If interested, contact the Oswego Police Department.Mayor Golinski stated the last team Alderman Spears put together took first place. STAFF REPORT No report. ADDITIONAL BUSINESS City Council Minutes Alderman Spears brought up the discussion of how minutes of the City Council meetings should be corrected. She suggested that the Council submit their corrections to City Clerk Warren, and then City Clerk Warren can correct them and give the alderman a draft copy.Alderman Colosimo stated it would need to be a two step process. City Attorney Orr stated it is supposed to be approved within 30 days. The typos and misspelled words can be given to City Clerk Warren,but anything that has to do with content needs to be done at the City Council meeting. Alderman Milschewski stated they shouldn't be approved until all the corrections are made.Alderman Colosimo recommended that the Council should continue to correct the minutes the way the Council has been correcting them. Then give City Clerk Warren a copy for her records. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of litigation. So moved by Alderman Spears; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Milschewski-aye, Colosimo-aye,Kot-aye, Teeling-aye, Gilson-aye,Funkhouser-aye,Munns-aye The City Council entered Executive Session at 10:07 p.m. The City Council returned to regular session at 10:25 p.m. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Spears; seconded by Alderman Milschewski. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 10:26 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 2012-34 Agenda Item Summary Memo Title: Minutes of the City Council—April 10, 2012 Meeting and Date: City Council 5/8/12 Synopsis: Approval of minutes. Council Action Previously Taken: Date of Action: CC 4/24/12 Action Taken: Tabled. Item Number: CC 2012-34 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 10,2012 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Gilson Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren, City Treasurer Powell, City Attorney Orr, City Administrator Olson, Police Chief Hart,Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson,EEI Engineer Freeman, Community Development Director Barksdale-Noble,Director of Park and Recreation Schraw QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Alderman Gilson requested that Item#EDC 2012-15 on the consent agenda be taken off for discussion. Mayor Golinski requested that Mayor's Report# 1 Proclamation for Autism be moved to presentations. Amendment approved unanimously by a viva voce vote. PRESENTATIONS Proclamation for Autism Awareness Month (CC 2012-31) Mayor Golinski read the proclamation for autism awareness and proclaimed the month of April 2012, as autism awareness month in the United City of Yorkville. Alderman Teeling stated that on April 20,2012,Nanette's Boutique is having a benefit for autism. Laura Langston from Langston Pediatric Therapy announced that on April 28,2012,there will be an autism awareness walk taking place at Silver Springs Park. If anyone is interested in sponsoring or donating, they would greatly appreciate the support. PUBLIC HEARINGS None. CITIZEN COMMENTS Walt Stagner,Wildwood II, came representing himself and his wife. He wanted to voice their support for George Gilson,their alderman. They believe Alderman Gilson is very well informed on the issues of the City. Alderman Gilson makes sure his constituents are well informed, as well. Mr. Stagner thanked Alderman Gilson, and he stated they support Alderman Gilson 100%. Jesus Alaniz, Colonial Parkway,was a little displeased when he listened to budget discussions from the last City Council meeting.He disagrees with the politics that Council members used for trying to shame other Council members for receiving healthcare benefits. He feels members of the Council and staff work very hard for the City, and deserves these benefits. He hopes the Council will deeply consider the proposed budget and appropriately deal with the portions that consist of the greatest amount of spending. Kathy Neddo,Windett Ridge, opposed healthcare benefits for Council members for last year's budget as well as this year's budget. There are important issues being ignored,like roads and infrastructure,because of the cost. The Council continues to take this benefit. Senior discounted trash pickup,without any stipulations,is wrong, and cost the City money. The combined cost of these two policies is approximately $300,000 a year. She asked the members to please consider opting out of the healthcare benefit. ECONOMIC DEVELOPMENT COMMITTEE REPORT The Minutes of the Regular Meeting of the City Council—April 10,2012—Page 2 of 6 Ordinance 2012-06 Approving a Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area(Imperial Investments,LLC) (EDC 2012-15) Mayor Golinski entertained a motion to approve an ordinance approving a redevelopment agreement for the downtown Yorkville redevelopment project area(Imperial Investments,LLC). So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Alderman Gilson pulled this ordinance off the consent agenda for clarification purposes.At the end of the agreement, it states that it is an Illinois liability company. The word limited should be added before liability. He received information that three of the different pin numbers on this agreement were incorrect. The three incorrect pin numbers were for Cobblestone property,the West Van Emmon property, and the 306 and 308 Heustis property. These properties are not on the county's website. City Administrator Olson stated it is possible that it was an old pin number that the City had on file. When the budget update is handled,the records will be updated accordingly.Alderman Gilson wants to verify that those parcel numbers are correct. City Attorney Orr stated that will be done. Alderman Gilson supports this ordinance, and he hopes the City can get the downtown revamped. He asked if the TIF funding has any restrictions in terms of how dollars are used. City Attorney Orr stated the TIF Act has serious restrictions as to how they may use the money. There is constant reference to eligible redevelopment project cost. The process to get the reimbursement is a submittal of actual cost which is reviewed by staff and City Attorney Orr. They make sure there is not one cost that doesn't meet the requirements of the TIF Act. Before the City signs the agreement,Alderman Gilson would like to know that the pin numbers are correct.Alderman Funkhouser feels this is a great redevelopment program. This is a prime example of how a TIF should work. The majority of the improvements have been done. The City is going to see an immediate improvement in the area without having to put out a risk. Alderman Funkhouser is glad to see that Imperial Investments have done such a great job of being proactive on Yorkville's downtown. Alderman Munns stated this was approved unanimously through the EDC Committee. The Council has been trying for 10 years to re-develop Yorkville's downtown area. It is good to see something positive taking place. Alderman Spears said the City was burned with the TIF on Route 47 and Route 34. The developer went belly up. She never thought she would support another TIF. Looking at the developer and their goals, she would stand 100%behind them. Alderman Gilson asked if the Council is voting on this ordinance as amended after verification of the pin numbers. City Attorney Orr stated the Council is voting on the ordinance as it is. If the pin numbers are wrong,they will be corrected. Mayor Golinski will not sign the document until instructed to do so. 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 CONSENT AGENDA 1. Bills for Payment-$762,680.96 (CC 2012-29) Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman Funkhouser; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-7 Nays-1 Colosimo-aye,Milschewski-aye, Spears-aye,Munns-aye, Funkhouser-aye, Gilson-nay, Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. Minutes of the City Council—February 28,2012(CC 2012-27) 2. Minutes of the City Council—March 13, 2012 (CC 2012-30) Mayor Golinski entertained a motion to approve the minutes of the regular City Council for February 28, 2012, and March 13, 2012,as presented. So moved by Alderman Milschewski; seconded by Alderman Spears. Amendments approved unanimously by a viva voce vote. REPORTS MAYOR'S REPORT Ordinance 2012-07 Establishing Ward Redistricting and Realignment Based Upon Current Census (ADM 2011-41) Mayor Golinski entertained a motion to approve an ordinance establishing ward redistricting and realignment based upon current census and authorize the Mayor and City Clerk to Execute. So moved by Alderman Munns; seconded by Alderman Spears. The Minutes of the Regular Meeting of the City Council—April 10,2012—Page 3 of 6 Alderman Spears wanted to know if the alderman received e-mails from residents of Teri Lane.Mayor Golinski stated there are residents on Teri Lane who wanted to continue to be in Ward IV. Alderman Funkhouser presented slides to the Council which showed the Teri Lane alternative and its location. Alderman Funkhouser showed the slide which proposed his two changes. The changes were for a clean division going with Route 47 and Route 34 as the changes.Alderman Spears had a question concerning the population of Teri Lane. She was told Heartland had 200 homes. She stated the City is talking 200 homes compared to 20 homes. With the proposed redistricting,Ward IV is now going to be the smallest ward. Alderman Colosimo doesn't have an objection to Teri Lane remaining in Ward 1V. He has a problem with the entirety of Heartland being moved.Alderman Kot has no objection with Teri Lane staying in Ward IV. He has a problem with the process. The City had a public hearing, and now, after the fact,the City is making changes. If changes are made, does the City have to have another public hearing? City Administrator Olson answered,no. Alderman Kot believes this should have been discussed prior to this point.Now the people who attended the public hearing will not know the specifics of what they are voting on. He prefers to stick with what the City Council already had discussed.Alderman Gilson stated if Alderman Spear's constituents would like to keep her as their Alderman,he supports that. He does not support Heartland being moved into Ward IV. Alderman Munns clarified with City Administrator Olson that even thought the City has had a public hearing; the Council can change this in any way. City Administrator Olson answered,yes.Alderman Munns wanted to know the point of having a public hearing. City Administrator Olson stated it is to gather input on the initial proposal.Alderman Funkhouser stated that the only reason he proposed those two changes was to keep clear boundaries. He doesn't have a problem with it as it is. Teri Lane is the only consideration;he understands that the residents do want that. This is one area that doesn't fit with the geographic boundaries that were developed. Of the upper wards, the only thing Alderman Funkhouser was looking at was the geographic boundaries. The concern is if the City varies from the original parameters that the City implied. Mayor Golinski likes Alderman Funkhouser's map from a geographic standpoint,but the population shift is huge. Ward IV is still the fastest growing ward in the City. It would take years to add 3,200 people. Alderman Colosimo moved to amend the proposed map to add Teri Lane to Ward IV; seconded by Alderman Gilson.Mayor Golinski stated the City Council is voting on the motion to add Teri Lane to alternate number two of the proposed map. Motion approved by a roll call vote. Ayes-5 Nays-3 Munns-aye Spears-aye, Colosimo-aye,Funkhouser-nay, Milschewski-nay, Teeling-aye, Gilson-aye, Kot-nay Mayor Golinski stated now the City Council needs to vote on the map as amended. Motion approved by a roll call vote. Ayes-5 Nays-3 Munns-aye Spears-aye, Colosimo-aye,Funkhouser-nay, Milschewski-nay, Teeling-aye, Gilson-aye, Kot-nay Mayor Golinski stated the City has new ward districts with Teri Lane in Ward IV, and all the rest as presented.Alderman Munns explained this means residents are going to be voting in the new wards during the next election, even though they don't take effect until the next election. Ordinance 2012-08 Approving the 2012-2013 Fiscal Budget for the United City of Yorkville (CC 2012-10) Mayor Golinski entertained a motion to approve an ordinance approving the 2012-2013 fiscal budget for the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Spears; so moved by Alderman Milschewski. Alderman Colosimo discussed the budget process. He is glad this process started earlier than normal,but would like to add an extra day to go over the budget line item by line item. He believes this budget is a step in the right direction, and he is happy that the budget gives a five year projection. He will be supporting the budget as presented. Alderman Kot and City Administrator Olson discussed the money budgeted for employee raises. If approved,raises will go into effect on May V. This will allow enough time to work with the unions. That money will allow for a 2%raise across the board. There was discussion among Alderman Gilson, City Administrator Olson,Alderman Teeling, and Mayor Golinski in regards to the $8.25 sewer fee and the surplus allocation. Alderman Gilson asked about using the surplus to erase the possibility of the sewer fee. City Administrator Olson stated the City can use many funding sources legally, in the City,to transfer into the sewer department to defray any surplus or deficit in the fund. Alderman Gilson believes the residents will object to the sewer fee.Mayor Golinski stated this will not be done this budget cycle. This is not being voted on now, and does not commit the City to doing anything with the fee. The budget can be amended in the future. When looking into future years, Alderman Teeling pointed out that the surplus money is basically spent.Alderman Gilson stated Alderman Teeling is correct and this is why he is asking the Council to consider acting now with surplus from this budget to fill the$600,000 gap so that we don't have to charge the residents an $8.25 fee. The Minutes of the Regular Meeting of the City Council—April 10,2012—Page 4 of 6 Mayor Golinski said the City is trying to build up the fund balance this year and next year. The goal is to get up to a 15% fund balance. In fiscal year 2015,the City has some huge capital projects that are in the budget.Alderman Gilson had several questions for the staff. He wanted to know why the supply cost in the Community Development department for the proposed fiscal year budget was almost double what it has been in the past. Community Development Director Barksdale-Noble stated the City combined engineering and development, so the fees that were being paid out of the engineering budget ended up being rolled over into the Community Development's budget. Alderman Gilson feels the City needs to cut training and conference expenses with the exception of those needed for certification or licenses.He asked about publishing and advertising under the Community Development budget. There was a large jump in spending. He wanted to know why that occurred. Community Development Director Barksdale-Noble stated they anticipate amendments to the ordinances, and that is a fee that comes to her department. Alderman Gilson asked why is the cost$140,000 in the proposed fiscal year 2013? City Administrator Olson stated the City spent$60,000 this year on City servers,police servers, and general I.T. outsourcing. Some of this was out of contingency and some was out of professional services. The additional $80,000 is planned for mobile data terminal updates for the police and virtualization survey. Alderman Gilson asked if the City received an answer as to why the contractual services are so much higher than normal. City Administrator Olson answered, it depends on each department. Alderman Gilson believes the current budget does not allow for numerous needed infrastructure improvements. He recommends sacrificing some of the budget surplus to reduce a future insurmountable debt that will incur by delaying necessary improvements. Alderman Gilson maintains that there are important line items that should be voted on individually by the Council. He believes the current budget is flawed, and the current budget ignores many issues that can cause a great deal of debt in the future. Alderman Spears believes that the annual budget is the most important item the Council will address during the course of the year. She would like to see the Council return to the practice of meeting for an entire day to discuss each budgetary item line by line. She understands this process may seem tedious,but it is still the best way to insure the Council member's address the issues most important to their constituents.Alderman Gilson added that the budget does not include certain acquisitions that may impact budget funding. Alderman Teeling asked if the library levy is set. City Administrator Olson stated because revenues are estimated,the Library Board and Council have to pass a library levy each year. This issue is only addressed after a budget is established. City Administrator Olson clarifies that though the motion is to approve the budget,there is also a provision for amending the budget to include the Library Board budget. City Attorney Orr clarifies that the motion to approve the budget includes the amendments recommended by the Council over the last several weeks. Alderman Munns commended the staff's efforts in creating the City budget. Mayor Golinski stated in reviewing past minutes the Council began discussing this budget at the end of June 2011. He acknowledges the budget is not perfect,but it is the best budget the City has seen in four years. Motion approved by a roll call vote. Ayes-6 Nays-2 Spears-nay, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Gilson-nay,Kot-aye,Munns-aye PUBLIC WORKS 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. The Minutes of the Regular Meeting of the City Council—April 10,2012—Page 5 of 6 COMMUNITY& LIAISON REPORT YBSD Alderman Gilson stated the YBSD had an informational meeting on April 3,2012, concerning the Blackberry Dam removal.Alderman Gilson was unable to attend,but he spoke to a resident that attended. The residents stated that they still have three major concerns. The major concerns were rocks along the edge of the property and creek,the project getting finished,the kayak shoot and the land sold to the City for recreational attractions.Also, some residents were concerned about being able to purchase the land between the new creek and the property owner's land. Push For The Path Alderman Teeling reported on Push for the Path. Citizens can go on the Push for the Path Facebook page and get updates for the power of one. There is an event on Friday April 13, 2012, at Cobblestone Bakery &Bistro. Tickets are available for$40. These tickets include two concerts, food, and wine tasting. Ten dollars of each ticket goes to Push for the Path. There is an event at Bounce Town on May 07,2012, and an event at Rosati's Pizza on April 25,2012, from 5:00-10:00. A portion of citizen's purchases goes to Push for the Path. Ward III Meeting Alderman Munns stated that he and Alderman Funkhouser will be having a Ward III meeting on May 5, 2012, from 10:00-12:00 at Rush Copley in the community room. Illinois Association of Community Care Program Alderman Spears reported on the Illinois Association of Community Care Program. (See attached.) Community Cares Program (CCP) Alderman Spears reported on the Community Cares Program(CCP). (See attached.) Community Cares Eligibility Cuts Alderman Spears reported on the Community Care Eligibility Cuts. (See attached.) Baseball With The Mayor Mayor Golinski will be having baseball with the Mayor on Thursday April 12,2012, 5:30-7:00 at Steven Bridge Park field number 3. Citizens are welcome to attend. STAFF REPORT No report. ADDITIONAL BUSINESS None. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose o£ 1. Litigation. 2. Sale or lease of real property. 3. Collective negotiation matters. So moved by Alderman Spears; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Milschewski-aye, Colosimo-aye,Kot-aye, Teeling-aye, Gilson-aye, Funkhouser-aye,Munns-aye The City Council entered Executive Session at 8:26 p.m. The City Council returned to regular session at 8:46 p.m. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Milschewski; seconded by Alderman Munns. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 8:47 p.m. Minutes submitted by: Beth Warren, The Minutes of the Regular Meeting of the City Council—April 10,2012—Page 6 of 6 City Clerk, City of Yorkville, Illinois Reviewed By: Agenda Item Number .'� •s► Legal ❑❑ Mayor#1 Finance EST. -� __ti 1838 Engineer ❑ -- City Administrator ❑ Tracking Number m Human Resources ❑ �s =Q Community Development El 2012-38 ` Police ❑ ALE ��' Public Works ❑ Agenda Item Summary Memo Title: Appointments to Boards and Commissions Meeting and Date: City Council May 8, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Golinski Name Department Agenda Item Notes: All appointments are re-appointments, with the exception of Dan Lane who is being appointed to the Park Board for the first time. 2012 Appointments — City Council — May 8, 2012 COMMITTEE/ NAME TERM COMMISSION Fire & Police Commission Mike Anderson 3 years May 2012 — May 2015 Library Board Carol Lachance 3 years May 2012 — May 2015 Library Board Beth Gambro 3 years May 2012 — May 2015 Library Board Judy Somerlot 3 years May 2012 — May 2015 Park Board Dan Lane 5 years May 2012 — May 2017 Plan Commission Mike Crouch 4 years May 2012 — May 2016 School Board Rep Police Pension Fund Board Todd Overmyer 2 years May 2012 — May 2014 Zoning Board of Appeals Jeff Baker 5 years May 2012 — May 2017 Chairman Zoning Board of Appeals Mike Skinner 5 years May 2012 — May 2017 Zoning Board of Appeals Don Hirsch 5 years May 2012 — May 2017 ,��D CITy o United City of Yorkville J 4 AN 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 P Fax: 630-553-7575 <LE �• Website: www.yorkville.il.us United City of Yorkville Commission & Committee Application To be considered for a commission or committee, please complete this application and return to the attention of the Deputy Clerk at the address listed above. Name L Address y�k_e v, Ile Phone: Home Cell Email Subdivision 7-LZ&%j) Please indicate the Commission/Committee(s)that you would like to participate on: [] Adhoc Committee on Senior Issues `[Park Board [ ] Cultural Commission [].Plan Commission [ ] Fire and Police Commission [] Zoning Board of Appeals [ ]Library Board The following questions help in selection of committee members. 1. Indicate your experience (personal and/or work) that will help you in serving the residents of the United City of Yorkville. 2. by do you want to serve on a Corn -ssion/Committee for the United City of Yorkville? `"�' T rank yo or your interest in bein part of the developmen f the United City of Yorkville! 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 and all State Civil Rights Legislation. I understond that as part of the process of being considered, it is the City's policy to perform a cursory background investigation on anyone being considered fo�pointment to one of the commissions or committees. G Signature of Applicant Date -..------------------- ------------------------ CfTy Reviewed By: X06 Legal Agenda Item Number Finance ❑ Mayor#2 EST. -� __ti 1838 Engineer City Administrator : Human Resources ❑ Tracking Number Community Development ❑ CC 2012-35 Police Public Works Agenda Item Summary Memo Title: River Road Bridge Second Intergovernmental Agreement Meeting and Date: City Council—May 8, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: March 2012 Action Taken: Approved agreement 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: May 8, 2012 C<wrMY Sad ALE � Subject: River Road Intergovernmental Agreement Summary Approval of an amended version of the River Road Bridge intergovernmental agreement, to reconcile versions of the agreement previously approved by the City Council and County Board. Background The City Council approved a first amendment to the River Road Bridge intergovernmental agreement at the March 13th meeting. Shortly thereafter, the County Board approved an intergovernmental agreement, with the same general structure as the City's,but with 5 extra pages of additional language. City staff has reviewed the County's 10 page intergovernmental agreement and has found it to be congruent with the City's intergovernmental agreement. However, because there are 5 new pages, the City Council should reapprove the agreement so that both the City's and the County's agreements are identical. At the April 24th City Council meeting, the Council requested a copy of the previously approved City agreement for comparison purposes. As stated in the meeting, a red-lined copy of the two versions is impractical, as the County added five pages of materials and rewrote many of the City's sections of the agreement. So, the City's version of the agreement is labeled as such, and is appended as the final document in this agenda item. Staff recommendation Staff recommends approval of the agreement, as passed by the County Board. Ordinance No. 2012- AN ORDINANCE OF THE UNITED CITY OF UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,APPROVING THE SECOND INTERGOVERNMENTAL AGREEMENT FOR THE REPLACEMENT OF THE RIVER ROAD BRIDGE OVER BLACKBERRY CREEK,YORKVILLE, IL 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 previously entered into an Intergovernmental Agreement for the Replacement of the River Road Bridge Over Blackberry Creek(the "Agreement") dated January 18, 2011 with Kendall County(the "County"); and, WHEREAS,the City and the County desire to amend the Agreement in order to set forth additional obligations required of each party in regard to the replacement of the River Road Bridge over Blackberry Creek. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the Second Intergovernmental Agreement for the Replacement of the River Road Bridge Over Blackberry Creek, attached hereto and made a part hereof by reference, is hereby approved. Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2012. CITY CLERK ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT 1 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2012. MAYOR 2 1(1 Ism I a-Oq SECOND INTERGOVERNMENTAL AGREEMENT FOR THE REPLACEMENT OF THE RIVER ROAD BRIDGE OVER BLACKBERRY CREEK,YORKVILLE,ILLINOIS THIS SECOND INTERGOVERNMENTAL AGREEMENT ("the Agreement") by and between the County of Kendall, a unit of local government of the State of Illinois ("Kendall County") and the United City of Yorkville, Kendall County, Illinois (the "City") a municipal corporation of the State of Illinois. WITNESSETH: WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves 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 and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and WHEREAS, the City and Kendall County are units of local government within the meaning of Article VII, Section 1 of the Illinois Constitution of 1970 who are authorized to enter into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., provides that any county may participate in an intergovernmental agreement under this Act notwithstanding the absence of specific authority under the State law to perform the service involved, provided that the unit of local government contracting with Kendall County has authority to perform the service; and WHEREAS, on or about January 18, 2011, Kendall County and the City (the "Parties") entered into an Intergovernmental Agreement for the Replacement of the River Road Bride Over 1 Blackberry Creek (the "First Agreement"). In the First Agreement, the Parties agreed to combine funds received by the City from the Illinois Department of Transportation's Major Bridge Program with funds received by Kendall County from the Federal Highway Bridge Program and other funds in order to undertake the replacement of the River Road Bridge over Blackberry Creek(the "Project")pursuant to the terms and conditions stated therein; and, WHEREAS, pursuant to Section 3 of the First Agreement, Kendall County agreed to fund eighty percent (80%) of the total cost of Preliminary Engineering and Design Engineering for the Project. Kendall County further agreed to advance one hundred percent (100%) of the total cost for the Preliminary Engineering and Design Engineering, and the City agreed to reimburse Kendall County in an amount equal to twenty percent (20%) of the total cost for the preliminary engineering and design engineering on or before April 30, 2012; and, WHEREAS, since the execution of the First Agreement, the Parties desire to enter into this Agreement as a supplement to the First Agreement and for the purpose of completing all remaining tasks and financing of the Project, which the Parties agree are reasonably necessary to complete the Project and to provide a safe and efficient roadway network for the benefit of the residents of the City and Kendall County. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereafter set forth, the parties agree as follows: Section 1. The foregoing preambles are hereby incorporated into this Agreement as if fully restated in this Section 1. Section 2. In addition to the City's obligations as set forth in the First Agreement, the City agrees to perform all of the following additional obligations pursuant to the terms of this Agreement: 2 A. The City shall construct and complete the Project in accordance with the final engineering plans and all other approvals as may be required by the Illinois Department of Transportation ("IDO7"), the Federal Highway Bridge Program and all other applicable local ordinances, state and federal laws. The Parties agree that construction of the Project is scheduled to proceed upon execution of the Agreement, and the Parties anticipate final completion of the Project by January 1, 2013. B. The City shall comply with all competitive bidding and selection requirements necessary for construction and completion of the Project pursuant to applicable state and federal laws; C. The City shall select and contract with all contractors and subcontractors necessary to complete the construction of the Project; D. The City shall be solely responsible for supervising the construction and completion of the Project and of all contractors and subcontractors retained by the City to assist in the construction and completion of the Project. E. The City shall be responsible for reimbursing Kendall County for the costs and attorneys' fees expended by Kendall County for land acquisition as set forth in Section 3A below. F. The City acknowledges that the work to be performed by the City and the City's contractors and subcontractors are subject to the Illinois Prevailing Wage Act, 820 lLCS 130/1 et seq. ("Prevailing Wage Act"). The City agrees to fully comply with all applicable requirements of the Prevailing Wage Act, and the City agrees to notify all contractors and subcontractors that the work performed pursuant to this Agreement shall be subject to the Prevailing Wage Act. In the event that the City fails to comply with the notice requirements set forth in this Paragraph, 3 the City shall be solely responsible for any and all penalties, fines and liabilities incurred for contractors' and/or subcontractors' violations of the Prevailing Wage Act. G. The City shall ensure that each contractor and/or subcontractor performing work on the Project shall obtain and continue in force during the term of the Project, all insurance necessary and appropriate and that each contractor and/or subcontractor contracted with shall name Kendall County as an Additional Insured on a Primary and Non-Contributory basis with respect to the general liability, business auto liability and excess liability insurance, as well as a waiver of subrogation with respect to the general liability and workers' compensation in favor of Kendall County. Section 3. In addition to all of Kendall County's obligations under the First Agreement, Kendall County agrees to perform all of the following additional obligations pursuant to the terms of this Agreement: A. Kendall County shall undertake the acquisition of such interests in real estate, including temporary or permanent easements or fee ownership, which Kendall County deems necessary for the City to construct the replacement of the River Road Bridge over Blackberry Creek. Kendall County shall pay all costs and attorneys' fees expended in connection with such land acquisition, and the City shall reimburse Kendall County for all costs and attorneys' fees expended by Kendall County for land acquisition pursuant to the payment schedule set forth in Section 6 below. B. Kendall County shall lend to the City an amount not to exceed five hundred thousand dollars and zero cents ($500,000.00) with no interest for the costs necessary to complete all aspects of the Project including, but not limited to, the costs incurred for the design engineering, land acquisition, construction engineering, and construction of the Project. The 4 parties understand and agree that this $500,000.00 loan amount includes all monies expended by Kendall County pursuant to the terms of the First Agreement and this Second Agreement. Any fees and costs incurred for the Project that exceed the $500,000.00 loan amount shall be the sole responsibility of the City and shall be paid by the City. Section 4. As of the date of execution of this Agreement, the City anticipates the Illinois Department of Transportation (IDOT) shall advance all funds necessary for the City to construct and complete the Project, and the City shall reimburse IDOT in an amount equal to twenty percent (20%) of the total amount advanced by IDOT for completion of the Project. Upon the City's receipt of an invoice from IDOT requesting reimbursement, the City shall provide a copy of the IDOT invoice to Kendall County within five (5) calendar days of receipt thereof. Upon receipt of the MOT invoice, Kendall County agrees to disburse all, or a portion of the $500,000.00 loan, in an amount equal to the requested IDOT reimbursement amount (hereinafter referred to as "the Loan Proceeds"). Kendall County shall disburse the Loan Proceeds to the City within ten(10) business days after receipt of the invoice from the City. In the event that IDOT's requested reimbursement amount exceeds the remaining balance of the $500,000.00 loan, the City understands and agrees that it shall be solely responsible for reimbursing IDOT for any remaining balance not covered under the$500,000.00 loan. Section 5. If IDOT fails to advance funds due on the Project, the City understands and agrees that it is still obligated to honor its obligations under this Agreement and the City remains responsible for repayment of any funds due to Kendall County. Section 6. In consideration of the mutual promises and the terms and conditions set forth herein, Kendall County agrees to loan the amounts stated herein in exchange for the City's obligation to repay those amounts in accordance with the following payment schedule: On or 5 before September 1, 2013, Kendall County shall provide the City with an invoice for the total amount of money loaned by Kendall County to the City pursuant to the terms of this Agreement (hereinafter referred to as "the Loan Balance"). Upon receipt of the invoice, the City shall make payments to Kendall County for the Loan Balance in six (6) equal annual installments with the first payment commencing on October 31, 2013, and continuing each year thereafter until the Loan Balance has been repaid to Kendall County in full. Therefore, the payment schedule shall be paid as follows: 1) October 31, 2013 —First payment of 1/6`h of Loan Proceeds 2) October 31, 2014—Second payment of 1/6t'of Loan Proceeds 3) October 31, 2015 —Third payment of 1/6t'of Loan Proceeds 4) October 31, 2016—Fourth payment of 1/6t'of Loan Proceeds 5) October 31, 2017—Fifth payment of 1/6t'of Loan Proceeds 6) October 31, 2018—Sixth and final payment. of 1/6h of Loan Proceeds The parties understand and agree that Kendall County shall not be obligated to disburse any additional funds after issuance of the Loan Balance invoice without the prior written consent of all parties. Section 7. The failure of the City to perform, keep or observe any of the covenants, conditions, promises, agreements or obligations with respect to this Agreement, shall constitute a Default by the City hereunder. Further, in the event the City shall fail to timely make a scheduled payment, which the City is required to perform under this Agreement, Kendall County shall notify the City in writing and allow the City thirty(30) days from the date of receipt of the notice to cure the default. If the default is not cured within 30 days of receipt of such notice, Kendall County will consider the City to be in Default under this Agreement. Upon the occurrence of a 6 Default, Kendall County may by any action or proceeding at law or in equity, pursue and secure any available remedy, including but not limited to the specific performance of the agreement contained herein. The City further agrees to reimburse Kendall County for all attorneys' fees and costs incurred by Kendall County related to Kendall County's enforcement of this Agreement. Section 8. This Agreement and the rights of the parties hereunder may not be assigned (except by operation of law), and the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of such agreements. Section 9. All notices required or permitted hereunder shall be in writing and may be given by either (a) depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and certified with the return receipt requested, (b) delivering the same in person, or(c)telecopying the same with electronic confirmation of receipt. If to the County: County Administrator County of Kendall 111 West Fox Street Yorkville, Illinois 60560 If to the Village: City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Or such address or counsel as any party hereto shall specify in writing pursuant to this Section from time to time. 7 Section 10. This Agreement shall be interpreted and enforced under the laws of the State of Illinois. Any legal proceeding related to enforcement of this Agreement shall be brought in the Circuit Court of Kendall County, Illinois. In case any provision of this Agreement shall be declared and/or found invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall, to the extent possible, be modified by the court in such manner as to be valid, legal and enforceable so as to most nearly retain the intent of the parties, and, if such modification is not possible, such provision shall be severed from this Agreement, and in either case the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. Section 11. The City and Kendall County agree that the waiver of, or failure to enforce, any breach of this Agreement by the remaining party shall not be construed, or otherwise operate, as a waiver of any future breach of this Agreement. Further, the failure to enforce any particular breach shall not bar or prevent the remaining party from enforcing this Agreement with respect to a different breach. No endorsement or statement on any check or correspondence accompanying a check for payment of an installment shall be deemed as an accord and satisfaction and Kendall County may accept such payment without prejudice to its rights to recover the balance of Loan Proceeds still owed. Section 12. This Agreement may be executed in counterparts (including facsimile signatures), each of which shall be deemed to be an original and both of which shall constitute one and the same Agreement. Section 13. This Agreement represents the entire agreement between the parties and there are no other promises or conditions in any other agreement whether oral or written except for the terms and conditions set forth in the First Agreement. The parties acknowledge and agree 8 that the First Agreement remains valid and binding, with the exception of Section 4 of the First Agreement, which is hereby modified and replaced with Section 3(A) of this Agreement. Except as stated herein, this agreement supersedes any other prior written or oral agreements between the parties and may not be further modified except in writing acknowledged by both parties. Section 14. Nothing contained in this Agreement, nor any act of Kendall County or the City pursuant to this Agreement, shall be deemed or construed by any of the parties hereto or by third persons, to create any relationship of third party beneficiary, principal, agent, limited or general partnership,joint venture, or any association or relationship involving the County and the City. Section 15. The City shall defend, with counsel of Kendall County's own choosing, indemnify and hold harmless the County, including the County's past, present and future board members, elected officials, insurers, employees, and agents from and against any and all claims, liabilities, obligations, losses, penalties, fines, damages, and expenses and costs relating thereto, including but not limited to attorneys' fees and other legal expenses, which the County, its past, present and future board members, elected officials, insurers, employees, and/or agents may hereafter sustain, incur or be required to pay relating to or arising in any manner out of the work to be performed by the City, the City's employees and agents, the City's contractors, and the City's sub-contractors retained to perform work on the Project, or arising in any manner out of the City's performance or alleged failure to perform its obligations pursuant to this Agreement. Section 16 Either party may terminate this Agreement by providing sixty (60) calendar days' advance written notice to the other party. Upon notice of termination of the Agreement, Kendall County shall provide the City with an invoice for the total Loan Balance. 9 Within sixty (60) calendar days after receipt of the invoice, the City shall pay the total Loan Balance to Kendall County. Section 17. Kendall County and the City each hereby warrant and represent that their respective signatures set forth below have been, and are on the date of this Agreement, duly authorized by all necessary and appropriate corporate and/or governmental action to execute this Agreement. Section 18. The Term of the Agreement shall commence as of the Agreement Date and shall expire upon final repayment of the Loan Proceeds except as otherwise specified herein. IN WITNESS WHEREOF, the parties hereto have caused this Second Intergovernmental Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. County of Kendall, a unit of local government United City of Yorkville, Kendall County, of the State of Illinois Illinois a municipal corporation By: Chair, Kendall County Board yor A est: Attest: _ dd ounty Clerk City Clerk 10 Amended Agreement as approved by City Council on March 13, 2012. SECOND INTERGOVERNMENTAL AGREEMENT FOR THE REPLACEMENT OF THE RIVER ROAD BRIDGE OVER BLACKBERRY CREEK,YORKVILLE,ILLINOIS THIS SECOND INTERGOVERNMENTAL AGREEMENT by and between the County of Kendall, a unit of local government of the State of Illinois ("Kendall County") and the United City of Yorkville, Kendall County, Illinois (the "City") a municipal corporation of the State of Illinois. WITNESSETH: WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) permit units of local government to obtain or share services and to jointly contract, combine or transfer any power, privilege, function or authority among themselves; and, WHEREAS, Kendall County and the City entered into an Intergovernmental Agreement for the Replacement of the River Road Bride Over Blackberry Creek in December of 2010 (the "First Agreement") wherein the parties agreed to combine funds received by the City from the Illinois Department of Transportation's Major Bridge Program with funds received by Kendall County from the Federal Highway Bridge Program and other funds in order to undertake the replacement of the River Road Bridge over Blackberry Creek (the "Project") pursuant to the terms and conditions stated therein; and, WHEREAS, pursuant to the First Agreement, Kendall County agreed to undertake all engineering required for the Project and the City agreed to reimburse Kendall County for twenty percent (20%) of the engineering costs; and, WHEREAS, since the execution of the First Agreement the parties thereto have agreed that Kendall County would be responsible for the acquisition of such interests in real estate, including temporary or permanent easements or fee ownership, as deemed necessary to construct the Project and all costs in connection therewith and the City would be responsible for the construction of the Project and all costs in connection therewith; and, WHEREAS, Kendall County has agreed to make a no interest loan to the City in an amount not to exceed five hundred thousand dollars ($500,000) for the costs the City shall incur in connection with the construction of the Project, including its share of the Project's engineering costs. WHEREAS, Kendall County and the City have agreed that it is in the best interest of the region to proceed with this Project, because, once completed, it shall provide a safe and efficient roadway network for the benefit of the residents of the City and Kendall County. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereafter set forth, the parties agree as follows: Section 1. The foregoing preambles are hereby incorporated into this Agreement as if fully restated in this Section 1. Section 2. Kendall County agrees to undertake the acquisition of such interests in real estate, including temporary or permanent easements or fee ownership, as deemed necessary to construct the replacement of the River Road Bridge over Blackberry Creek and shall be responsible for front funding all costs in connection with such acquisition. Land acquisition costs shall be a component of the project to be repaid by the City. It is understood that construction of the Project is scheduled to proceed this calendar year of 2012. Section 3. Kendall County further agrees to lend to the City an amount not to exceed five hundred thousand dollars ($500,000) with no interest in order to permit the City to undertake the responsibility for the costs for the design engineering, land acquisition, construction engineering, and construction of the Project and the City agrees to be responsible for the 2 construction and completion of the Project in accordance with the final engineering plans and all other approvals as may be required by the Illinois Department of Transportation ("IDOT") and the Federal Highway Bridge Program. Section 4. It is understood by the parties that as of this date, it is expected that IDOT shall advance all funds necessary to construct and complete the Project and thereafter be entitled to reimbursement from the City for the City's share of the project (20%). Kendall County shall disburse all or a portion of the loan to the City within ten (10) days of its request, which amount shall equal the amount due and owing to IDOT from the City(the "Loan Proceeds"). Section S. The City covenants and agrees to repay the Loan Proceeds to Kendall County in six (6) equal installments commencing October 31, 2013, and continuing each October 31 thereafter until the total of the Loan Proceeds has been repaid to Kendall County. Section 6. This Agreement and the rights of the parties hereunder may not be assigned (except by operation of law), and the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of such agreements. Section 7. All notices required or permitted hereunder shall be in writing and may be given by (a) depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and certified with the return receipt requested, (b) delivering the same in person, or(c)telecopying the same with electronic confirmation of receipt. If to the County: County Administrator County of Kendall 111 West Fox Street 3 Yorkville, Illinois 60560 If to the Village: City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Or such address or counsel as any party hereto shall specify pursuant to this Section from time to time. Section 8. In case of any provision of this Agreement shall be invalid, illegal or unenforceable, it shall, to the extent possible, be modified in such manner as to be valid, legal and enforceable so as to most nearly retain the intent of the parties, and, if such modification is not possible, such provision shall be severed from this Agreement, and in either case the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. Section 9. This Agreement is executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. Section 10. This Agreement represents the entire agreement between the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties and may not be modified except in writing acknowledged by both parties. Section 11. The City shall be solely responsible for any and all notice requirements set forth under the Illinois Prevailing Wage Act and shall be solely responsible for any and all liabilities incurred for contractors' and/or subcontractors' violations of the Prevailing Wage Act. IN WITNESS WHEREOF, the parties hereto have caused this Second Intergovernmental Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. 4 County of Kendall, a unit of local government United City of Yorkville, Kendall County, of the State of Illinois Illinois a municipal corporation By: By: Chair, Kendall County Board Mayor Attest: Attest: County Clerk City Clerk 5 Reviewed By: Agenda Item Number •s► Legal : Mayor#3 Finance EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number m Human Resources ❑ �s =Q Community Development El 2012-39 ` Police ❑ ALE ��' Public Works ❑ Agenda Item Summary Memo Title: Electric Aggregation Plan Ordinance Meeting and Date: City Council —May 8, 2012 Synopsis: Council Action Previously Taken: Date of Action: CC 4/24/12 Action Taken: First public hearing. Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: Memorandum To: Mayor and City Council EST. , = 1836 From: Rob Fredrickson, Finance Director .t b Date: April 20, 2012 Subject: Municipal Aggregation KantlaElCOUnry <LE This memorandum is intended to give a brief summary of the steps the City must take to complete the municipal aggregation process,which was approved by voters on March 20th. First, two public hearings must be held, which are scheduled for April 24t and May 8th. A representative from NIMEC should be present at the both meetings to answer questions. After the second public hearing on May 8th, the Council will need to adopt an ordinance authorizing the City to administer the aggregation program, according to the terms of the Plan of Operation and Governance (attached for your review). Once the Plan of Operation and Governance is approved, the City will be ready to go to bid. The only remaining issue will be the negotiation of the Power Supply Agreement between the City and the winning supplier. Ordinance No. 2012- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AUTHORIZING AGGREGATION OF ELECTRICAL LOAD AND ADOPTING AN ELECTRIC AGGREGATION PLAN OF OPERATION AND GOVERNANCE WHEREAS,recently the Illinois Power Agency Act (20 ILCS 3855/1-1 et seq.) added Section 1-92 entitled Aggregation of Electrical Load by Municipalities and Counties (hereinafter referred to as the "Act"); and, WHEREAS,under the Act, the United City of Yorkville (the "City")may operate the aggregation program under the Act as an opt-out program for residential and small commercial retail customers, if a referendum is passed by a majority vote of the residents pursuant to the requirements under the Act; and, WHEREAS,the City submitted the question in a referendum on March 20, 2012, and a majority of the electors voting on the question voted in the affirmative. WHEREAS,the corporate authorities hereby find that it is in the best interest of the City to operate the aggregation program under the Act as an opt-out program and to implement the program according to the terms of the Act. WHEREAS,the Act requires that prior to the implementation of an opt-out electrical aggregation program by the City, the City must adopt an electrical power aggregation plan of operation and governance and hold not less than two (2)public hearings. WHEREAS,the City provided the required public notice and held the required Public Hearings for the Electric Power Aggregation Plan of Operation and Governance on April 24, 2012 and May 8, 2012. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The Mayor and City Council (the "Corporate Authorities") of the City find that the recitals set forth above are true and correct. Section 2: The Corporate Authorities of the City find and determine that it is in the best interests of the City to operate the electric aggregation program under the Act as an opt-out program. Section 3: A. The Corporate Authorities of the City hereby are authorized to aggregate in accordance with the terms of the Act residential and small commercial retail electrical loads located within the corporate limits of the City, and for that purpose may solicit bids and enter Ordinance No.2012- Page 1 into service agreements to facilitate for those loads the sale and purchase of electricity and related services and equipment. B. The Corporate Authorities of the City are granted the authority to exercise such authority jointly with any other municipality or county and, in combination with two or more municipalities or counties, may initiate a process jointly to authorize aggregation by a majority vote of each particular municipality or county as required by the Act. C. The Aggregation Program for the City shall operate as an opt-out program for residential and small commercial retail customers. D. The Aggregation Program shall be approved by a majority of the members of the Corporate Authority of the City. E. The Corporate Authorities of the City with the assistance from the Illinois Power Agency shall develop a plan of operation and governance for the Aggregation Program and shall conduct such public hearings and provide such public notice as required under the Act. The Load Aggregation Plan shall provide for universal access to all applicable residential customers and equitable treatment of applicable residential customers, shall describe demand management and energy efficiency services to be provided to each class of customers and shall meet any requirements established by law concerning aggregated service offered pursuant to the Act. F. As an opt-out program,the Corporate Authorities of the City shall fully inform residential and small commercial retail customers in advance that they have the right to opt-out of the Aggregation Program. The disclosure and information provided to the customers shall comply with the requirements of the Act. G. The electric aggregation shall occur automatically for each person owning, occupying, controlling, or using an electrical load center proposed to be aggregated in the corporate limits of the City, subject to a right to opt-out of the program as described under this ordinance and the Act. H. The Corporate Authorities hereby grant the City Administrator or his designee in writing the specific authority to execute a contract without further action by the Corporate Authorities and with the authority to bind the City. Section 4: The Corporate Authorities hereby adopt the Electrical Power Aggregation Plan of Operation and Governance as set forth in Exhibit"A" attached hereto and made a part hereof as if fully set forth by this reference. Section 5: This ordinance shall be in full force and effect after its passage, approval and publication in pamphlet form as provided by law. Ordinance No. 2012- Page 2 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 3 UNITED CITY OF YORKVILLE ELECTRIC POWER AGGREGATION PLAN OF OPERATION AND GOVERNANCE April 24, 2012 1 United City of Yorkville Electric Power Aggregation Plan of Operation and Governance I. INTRODUCTION Public Act 96-1076 amended the Illinois Power Agreement Act by adding Section 1- 92 to Chapter 20, Act 3855 of the Illinois Compiled Statutes ("the Act") and allowed the Corporate Authorities of a municipality to adopt an ordinance in accordance with the Act to aggregate electrical loads for residential and small commercial retail customers within the corporate limits of the City on an opt-out or opt-in program. The Act further authorized a municipality to select suppliers of retail electric supply, solicit bids and enter into service agreements to facilitate the sale and purchase of electricity and related services. The legislation authorized the Illinois Power Agency ("IPA") to assist a municipality in developing a plan of operation and governance. Large industrial and commercial consumers with sophisticated electric operations use their size and expertise to obtain lower electric power rates. Individual residential and small commercial retail consumers are typically unable to obtain significant price reductions since they lack the same bargaining power, expertise and the economies of scale enjoyed by larger consumers. Aggregation, the combining of multiple electric loads, provides the benefits of retail electric competition for consumers with lower electric usage. Municipal aggregation, the combining of multiple retail electric loads of customers by a municipality, provides the means through which municipal residential and small commercial retail customers may obtain economic benefits of Illinois' competitive retail electric market. The Yorkville Aggregation Program combines the electric loads of residential and small commercial retail customers to form a buying group ("Aggregation Group"). The United City of Yorkville ("City" or "Yorkville") will act as purchasing agent for the Aggregation Group. Therefore, the City will be a Municipal or Governmental Aggregator, as described by Illinois law and the rules established by authorized agencies, and shall act on behalf of Commonwealth Edison Company, an affiliate of Exelon Corporation (herein referred to as "ComEd" or "Commonwealth Edison") in the City to obtain the best Aggregation Program for the Members of the Aggregation Group. IL PROCESS On March 20, 2012, in accordance with the requirements of the Act, voters of the City approved a referendum to operate an Aggregation Program as an "opt-out" program. Under the opt-out program, all ComEd residential and small commercial retail customers in the City are automatically included as participants in the Program unless they opt-out of the Program by providing written notice of their intention not to participate as a part of the Aggregation Group. As required by state law, the Corporate Authorities of the City duly passed an Ordinance which authorized submitting to the City's electorate the determination whether or not the Aggregation Program shall operate as an opt-out program. Following 2 the approval of the referendum by the electorate, the City passed Ordinance number on , 2012 authorizing the City to aggregate electric loads for residential and small commercial retail customers in the City and implement an opt-out program. In addition to passing the required ordinances by the Corporate Authorities, the City may also be required to comply with various rules and regulations established by authorized agencies of the State of Illinois. The City will promptly file any application and comply with any applicable rules and regulations that may be required by Illinois law for certification as a Municipal Aggregator and to operate the Aggregation Program under the Act. As required by the Act, the Corporate Authorities developed and approved this Aggregation Plan of Operation and Governance ("Plan"). Before adopting this Plan and as required by the Act, the Corporate Authorities duly published a notice in the Kendall County Record, a newspaper of general circulation in the City, of public hearings to be held on April 24, 2012 and May 8, 2012 at 7:00 o'clock P.M. The public hearings were held by the Corporate Authorities at City Hall and provided the residents of the City a meaningful opportunity to be heard regarding the Aggregation Program and this Plan. The Corporate Authorities considered the concerns of the residents and information disclosed at the hearings in the development of this Plan. The opt-out notice for the Aggregation Program shall be provided in advance to all eligible electric customers in the City upon approval of this Plan according to the opt-out disclosure program developed by the City. The opt-out notice and disclosures shall comply with the Act and all applicable rules and regulations of any authorized agency in the State of Illinois and shall fully inform such customers in advance that they have the right to opt-out of the Aggregation Program. The opt-out notice shall disclose all required information including but not limited to the rates, terms and conditions of the Program and the specific method to opt-out of the Program. By majority vote of the Corporate Authorities, the City may select a Retail Electric Supplier ("RES" or "Provider") to provide the electric power for the Yorkville Aggregation Program according to the terms of a written service agreement entered into by and between the Provider and the City. By majority vote of the Corporate Authorities, the City may determine not to enter into a service agreement with any Provider and in such event the Aggregation Group shall continue to purchase electric power through Commonwealth Edison. If the Corporate Authorities enter into a service agreement with a Provider, Commonwealth Edison will continue to provide and service delivery of the electricity purchased from the Provider, and metering, repairs and emergency service will continue to be provided by Commonwealth Edison. The Corporate Authorities have determined that each participant in the Aggregation Group shall receive a single monthly bill from Commonwealth Edison under applicable tariffs. III. DEFINITIONS In order to clarify certain terminology, the following terms as used in this Plan shall have the meanings set forth below: "Aggregation Group" shall mean all the residential and small commercial retail customers of ComEd in the corporate limits of the City that have not opted out of the Program and 3 are permitted under the terms of the Act to participate in the Program. "Aggregation Program" or "Program" means the program developed and implemented by the City of Yorkville, as a Municipal Aggregator under the Act, to provide ComEd residential and small commercial retail customers in the City with retail electric generation services. "Municipal Aggregator" means the City operating an Aggregation Program under the legislative authority granted the City to act as an aggregator to provide a competitive retail electric service to residential and small commercial retail customers of ComEd in the City. Pursuant to the Act, an Aggregator is not a public utility or an alternative retail electric supplier. "Member" means a person or legal entity enrolled in the Yorkville Municipal Aggregation Program for competitive retail electric services and a member of the Aggregation Group. "Retail Electric Supplier" ( "RES" or "Provider") means an entity certified by all required authorities of the State of Illinois to provide competitive retail electric supply service(s), and which is duly selected by the City to be the entity responsible to provide the required retail electrical supply service related to an Aggregation Program as defined in the Act, City Ordinances and applicable rules and regulations of any authorized agency of the State of Illinois and has duly executed a Power Supply Agreement with the City. IV. OPERATIONAL PLAN: A. Aggregation Services 1. Provider: The City will use a competent entity as a Provider to perform and manage aggregation services for Members of the Aggregation Program. The Provider shall provide adequate, accurate, and understandable pricing, terms and conditions of service, including but not limited to no switching fees and the conditions under which a Member may opt-out without penalty. The Provider must provide the City, upon request, an electronic file containing the Members usage, charges for retail supply service and such other information reasonably requested by the City. 2. Database: The Retail Electric Supplier shall create and maintain a secure database of all Members. The database will include the name, address, Commonwealth Edison account number, and Retail Electric Suppliers' account number of each active Member, and other pertinent information such as rate code, rider code (if applicable), most recent 12 months of usage and demand, and meter reading cycle. The database will be updated at least quarterly. Accordingly, the Provider will develop and implement a program to accommodate Members who (i) leave the Aggregation Group due to relocation, opting out, etc. (ii) decide to join the Aggregation Group; (iii) relocate anywhere within the corporate limits of the City, or (iv) move into the City and elect to join the Aggregation Group. This database shall also be capable of removing a Member from the Aggregation Group who has duly opted out of the Program. The Provider will use this database to perform audits for 4 clerical and mathematical accuracy of Member electric supply bills. The Provider will make the database available to the City at any time the City requests it. 3. Member Education: The Provider shall develop and implement, with the assistance of the City, as the City may determine in its sole discretion, an educational program that generally explains the Aggregation Program to all residential and small commercial retail customers in the City and the Aggregation Group, provides updates and disclosures mandated by Illinois law and applicable rules and regulations, and implements a process to allow any Member the opportunity to opt out of the Aggregation Program according to the terms of the Power Supply Agreement. See Appendix A for further details. 4. Customer Service: Provider shall hire and maintain an adequate customer service staff and develop and administer a written customer service process that will accommodate Member inquiries and complaints about billing and answer questions regarding the Aggregation Program in general. This process will include a description of how telephone inquiries will be handled, either internally or externally, how invoices will be prepared, how Members may remit remittance payment, and how collection of delinquent accounts will be addressed. The Provider and the City will enter into a separate customer service plan agreement or the terms shall be included in the Power Supply Agreement. 5. Billing: Commonwealth Edison will provide a monthly billing statement to each Member which shall include the charges of the Provider, and the Provider will not charge any additional administrative fee. 6. Compliance Process: The Provider shall develop internal controls and processes to ensure that the City remains in good standing as a Municipal Aggregator and ensure that the City and the Program complies with the Act and all applicable laws, rules and regulations, as they may be amended from time to time. It will be the Provider's responsibility to timely deliver reports at the request of the City that will include (i) the number of Members participating in the Program; (ii) a savings estimate or increase from the previous year's baseline; (iii) such other information reasonably requested by the City; (iv) comparison of the Members' charge for the supply of electricity from one designated period to another identified by the City. The Provider shall also develop a process to monitor and shall promptly notify the City in writing of any changes or amendments to the Act or any laws, rules or regulations applicable to the Aggregation Program. 7. Notification to Commonwealth Edison: The residential and small commercial retail customers of ComEd in the City that do not opt-out of the Aggregation Program will be enrolled automatically in the Aggregation Program by a Provider. Members of the Aggregation Group will not be asked to take affirmative steps to be included in the Aggregation Group. To the extent that ComEd requires notification of participation; the Provider shall provide such notice to ComEd. The Provider will inform ComEd from time to time through electronic means any new members that it is enrolling into the Aggregation Group. 5 8. Plan Requirements: Pursuant to the Act, the Provider selected by the City and the City shall: a. Provide for universal access to all applicable residential customers and equitable treatment of applicable residential customers; b. Describe demand management and energy efficiency services to be provided to each class of customers; c. Meet any requirements established by law concerning aggregated service offered pursuant to the Act. 9. Solicitation of Bids: Pursuant to the requirements of the Act, the process of soliciting bids for electricity and related services and awarding power supply agreements for the purchase of electricity and other related services by the City, shall be conducted in the following manner: a. The Corporate Authorities of the City may solicit bids for electricity and other related services. b. Notwithstanding Section 16-122 of the Public Utilities Act and Section 2HH of the Consumer Fraud and Deceptive Business Practices Act, an electric utility that provides residential and small commercial retail electric service in the City must, upon request of the Corporate Authorities of the City, submit to the requesting party, in an electronic format, those names and addresses of residential and small commercial retail electrical retail customers in the City that are reflected in the electrical utilities records at the time of the request and such other information required by the Act or any applicable rule or regulation of an authorized Illinois agency. c. The City, upon receiving customer information from an electric utility shall be subject to the limitations on the disclosure of that information described in Section 16-122 of the Public Utilities Act and Section 2HH of the Consumer Fraud and Deceptive Practices Act, and an electric utility providing such information shall not be held liable for any claims arising out of the provision of information pursuant to this Section and the Act. B. Power Supply Agreement The Corporate Authorities of the City and the Provider shall duly execute and enter into a Power Supply Agreement to serve the Aggregation Group. C. City's Retail Electric Supplier The City may require the Provider to satisfy each of the following requirements in the Power Supply Agreement: • Have sufficient sources of power to provide retail firm power to the Aggregation Group. 6 • Maintain a license as a Federal Power Marketer with the Federal Energy Regulatory Commission. • Maintain a certification from the State of Illinois as a certified retail electric supplier and any and all other licenses or certifications required by Illinois law. • Register as a retail electric supplier with ComEd. • Maintain a Service Agreement for Network Integration Transmission Service under Open Access Transmission Tariff. • Maintain a Service Agreement under Market-based Rate Tariff. • Maintain the necessary corporate structure to sell retail firm power to the ComEd residential and small commercial retail customers in the City and the Aggregation Group. • Maintain an Electronic Data Interchange computer network that is fully functional at all times and capable of handling the ComEd residential and small commercial retail electric customers in the City and the Aggregation Group. • Maintain the marketing ability to reach all ComEd residential and small commercial retail customers in the City to educate them on the terms of the Aggregation Program and the Act. • Maintain a call center capable of handling calls from Members of the Aggregation Group. • Maintain a local or toll-free telephone number for customer service and complaints related to the City's Aggregation Program. • Agree in a binding written agreement between the City and the Provider to hold the City financially harmless and fully indemnifying the City from any and all financial obligations arising from supplying power to the Aggregation Group. • Satisfy the credit requirements of the State of Illinois and the City. • Have the binding authority (to the satisfaction of legal counsel for the City) to execute the Power Supply Agreement with the City and be fully bound by all of its terms and conditions. • Assist the City in filing all reports required by the Act and any applicable law, rule or regulation, as may be amended form time to time. • Assist the City in developing a Consumer Education Plan. • Assist the City in developing a smart-meter program D. Activation of Service After a notice is mailed to all residential and small commercial retail electric customers in the City providing an opportunity to opt out of the Program within a specific period of time, all customers who do not opt out in writing will be automatically enrolled in the Program. Customer enrollment with the Provider will occur thereafter without further action by the customer on terms set forth in the Power Supply Agreement and according to the retail tariffs of Commonwealth Edison. E. Changes, Extension or Renewal of Service The Power Supply Agreement with the Provider will provide when service shall begin and end. If the Power Supply Agreement is extended or renewed, Members will be notified as to any change in rates or service conditions and other information required by 7 law. The Power Supply Agreement shall describe the terms upon which a Member or non- member will be given an opportunity to opt into or out of the Program, and reasonable notice will be provided as required by the Act or any applicable law. Members who opt-out will also be notified of their right to select an alternate retail electric supplier and of their ability to return to ComEd provided supply service. F. Termination of Service In the event that any Power Supply Agreement is terminated for any reason prior to the end of the scheduled term, each Member of the Aggregation Group will receive prompt written notification of termination of the Program at least sixty (60) days prior to termination of service under the Agreement. If the Agreement is not extended or renewed, Members will be notified in a manner determined by the City and any applicable law, prior to the end of any service. Members will also be notified of their right to select an alternate retail electric supplier and of their ability to return to ComEd provided supply service upon termination of the Agreement. G. Opt-In Procedures ComEd residential and small commercial retail customers will be automatically enrolled in the Aggregation Program after any opt-out period has expired, unless they timely call the Provider's 800 number and/or return in writing a form to be provided notifying the Provider that they do not want to participate in the Aggregation Program. The Provider may provide special notice directly to categories of ComEd customers as the City may direct, and inform such customers of specific potential consequences of their change from existing service from ComEd to the Program, including but not limited to (i) space heating customers, (ii) Real Time (Hourly) pricing customers, (iii) customers using an electrical supplier other than ComEd or the Provider. ComEd residential and small commercial retail customers in the City may request to join the Aggregation Group after the expiration of any enrollment period by contacting the Provider, who shall accept them into the Aggregation Program, subject to written policies mutually agreed upon between the City and the Provider in the Power Supply Agreement. The agreed upon policy shall be consistent with ComEd's supplier enrollment requirements. Members of the Aggregation Group who move from one location to another within the corporate limits of the City shall continue as a Member of the Aggregation Group. H. Opt-out Procedures ComEd residential and small commercial retail customers in the City may opt-out of the Aggregation Program at any time during the opt-out period. The Provider may or may not charge an early termination fee. Members of the Aggregation Group will be allowed to switch to a different electric supplier after the expiration of the opt-out period on the terms set forth in the Power Supply Agreement but at least shall be allowed to opt-out every three years. Requirements for notification of intent to opt-out of the Aggregation Group shall be set forth in the Power Supply Agreement. Consumers who opt-out of the Aggregation Group will not be switched from their current supplier or their applicable to ComEd's Standard 8 Service Offer, until the consumer selects an alternate generation supplier. As required by the Act, it shall be the duty of the City or the Provider if so provided in the Power Supply Agreement, to fully inform residential and small commercial retail customers in the City in advance that they have the right to opt-out of the Aggregation Program. Such disclosure shall prominently state any charges to be made and shall include full disclosure of the cost to obtain service pursuant to Section 16-103 of the Public Utilities Act, how to access it, and the fact that it is available to them without penalty, if they are currently receiving services under that section. As further required by the Act, the IPA shall furnish, without charge, to any resident of the City, a list of all supply options available to them in a format that allows comparison of prices and products. I. Bid Process The City may elect to hold an individual bid or participate in a group bid. If the City elects to participate in a group bid, the City may use the northern Illinois Municipal Electric Collaborative Inc. ("NIMEC") to assist with the group bid. The City will not delegate any signing authority to NIMEC or other entity, but will make its own decision to accept or reject their individual bid resulting from the group bid. Suppliers will present individual bids to each community participating in the bid group. NIMEC will create an advisory group, representing and consisting of those communities participating in the bid, to determine the bid winner(s) on the day of the bid. NIMEC will then recommend that each City accept the bid winner's individual bid for the City. The City will then decide to accept or reject their individual bid. Whether or not each community participating in the bid accepts or rejects their individual bid will have no impact upon the individual bids of the other communities. V. MISCELLANEOUS GOVERNANCE GUIDELINES A. The Corporate Authorities of the City shall approve by an Ordinance passed by majority vote of the Corporate Authorities this Plan of Operation and Governance for the Aggregation program and any Amendments thereto. B. The Corporate Authorities of the City shall contract with a Provider certified by the Illinois Commerce Commission for the provision of Competitive Retail Electric Service to the Aggregation Group. C. The Corporate Authorities of the City will require any Provider to disclose any subcontractors that it uses in fulfillment of the services described above in the Power Supply Agreement. D. The Corporate Authorities of the City will require the Provider to maintain either a toll- free telephone number, or a telephone number that is local to the Members. 9 VI. LIABILITY THE CITY SHALL NOT BE LIABLE TO PARTICIPANTS IN OR MEMBERS OF THE AGGREGATION GROUP FOR ANY CLAIMS, HOWEVER STYLED, ARISING OUT OF THE AGGREGATION PROGRAM OR THE PROVISION OF AGGREGATION SERVICES BY THE CITY OR THE PROVIDER. PARTICIPANTS OR MEMBERS IN THE AGGREGATION GROUP SHALL ASSERT ANY SUCH CLAIMS SOLELY AGAINST THE PROVIDER PURSUANT TO THE POWER SUPPLY AGREEMENT, UNDER WHICH SUCH PARTICIPANTS ARE EXPRESS THIRD-PARTY BENEFICIARIES. VII. INFORMATION AND COMPLAINT NUMBERS Copies of this Plan shall be available from the United City of Yorkville free of charge. Members and residential and small commercial retail customers of ComEd may call Yorkville City Hall at 630-553-4350 for a copy of the Plan or visit the City's website at www.yorkville.il.us for more information. 10 Appendix A -- Education Process The Provider shall develop the educational program in conjunction with the City. Its purpose will be to explain the Aggregation Program to its members, provide updates and disclosures as mandated by State law and the rules and regulations of any applicable Illinois agency, and provide the opportunity for the Members to Opt-out of the Aggregation Program. The following are components of the education program: 1. Each residential and small commercial retail customer of ComEd within the corporate limits of the City will receive notification by U.S. Mail stating: what the municipal Aggregation Program means, the procedure which must be followed to Opt-out of the Aggregation Program, the estimated price of electricity for Member of the Aggregation Program, and the deadline for returning the Opt-out form. See sample letter attached. 2. The Provider shall cooperate with the City to provide opportunities for educating residential and small commercial retail CE customers in the City about the Program and their rights under the applicable law and rules and regulations. In addition, the Provider and City will cooperate to provide education about opportunities for energy efficiency measures to help Members reduce energy consumption. 3. The Provider will provide updates and disclosures to the City and Members as mandated by State law and applicable rules and regulations as amended from time to time. 11 Dear United City of Yorkville Resident, The United City of Yorkville is providing you the opportunity to join other residents to save money on the electricity you use. Savings are possible through governmental aggregation,where City officials bring together citizens to gain group buying power for the purchase of electricity from a retail electric generation provider certified by the Public Illinois Utilities Commission. City of Yorkville voters approved this program in November,2010. After researching competitive electricity pricing options for you,we have chosen to provide you with savings on your electric generation through May 2012. There is no cost for enrollment and you will not be charged a switching fee.You do not need to do anything to participate. As a member of this aggregation,you are guaranteed to save percent off your Price to Compare.Your Price to Compare is essentially the price you pay for electric generation from the utility and consists of generation and transmission related components,which are the costs associated with generating the power and delivering it through the transmission system. To estimate what your savings per kilowatt-hour(KWH)will be through this program, locate your Price to Compare on your electric bill. Divide your Price to Compare by 100,then multiply by 0.0_(_%)to determine your savings per KWH. Multiply that number by your total monthly usage.The final number is how much you can expect to save each month you use the same amount of electricity. You will see your electric savings from after your enrollment has been completed and your switch has been finalized-approximately 30-45 days, depending upon your meter read date. Of course,you are not obligated to participate in the City of Yorkville's electric governmental aggregation program. If you wish to be excluded from the program and remain a full-service customer of your local electric utility-Commonwealth Edison-you have until 2012 to return the attached"opt-out"form. If you do not opt out at this time, you will receive a notice at least every asking if you wish to remain in the program. If you leave the program at any other time,you could be subject to a cancellation fee from -and you might not be served under the same rates,terms and conditions that apply to other customers served by Commonwealth Edison. After you become a participant in this governmental aggregation program, Commonwealth Edison will send you a letter confirming your selection of as your electric generation provider.As required by law,this letter will inform you of your option to rescind your enrollment with with adequate notice prior to the scheduled switch.To remain in the City's governmental aggregation program,you don't need to take any action when this letter arrives. Commonwealth Edison will continue to maintain the system that delivers power to your home-no new poles or wires will be built by .You will continue to receive a single, easy-to-read bill from your local electric utility with your charges included.The only thing you'll notice is savings. If you have any questions, please call toll-free at Monday through Friday, 8 a.m.to 5 p.m. Please do not call the United City of Yorkville with aggregation program questions. Sincerely, United City of Yorkville P.S.To receive these savings,you should not respond. Return the opt-out form only if you do not want to participate in the City's electric governmental aggregation program. Option 1: Do nothing and save. , Option 2: Opt out by returning this form. If you want to participate in this program and If you do not want to participate in this save,you do not need to return this form.Your program, enrollment is automatic. you must return this form before the due date. Service address(City,state and zip): Phone number: Account holder's signature: Date: 12 Reviewed By: Agenda Item Number .'� •s► Legal ❑❑ Mayor#4 Finance EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number m Human Resources ❑ �s 3! = Community Development ❑ ` CC 2012-40 Parks&Recreation Public Works ❑ Agenda Item Summary Memo Title: ITEP 2012 Grant Application—Cycle 10 Meeting and Date: May 8, 2012 Synopsis: The Illinois Transportation Enhancement Program call for application is open. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Provide direction to staff on whether or not to apply for an ITEP grant for street/pedestrian lighting along Route 47. Submitted by: Laura Schraw Parks & Recreation Name Department Agenda Item Notes: Please see attached information. c►ry0 Memorandum EST. �� 1836 To: EDC `— From: Laura Schraw, Interim Director of Parks and Recreation � �� (1) CC: Bart Olson, City Administrator �� Brad Sanderson, EEI <LE r° Krysti Barksdale-Noble, Community Development Director Date: April 27, 2012 Subject: ITEP Grant application 2012 The Integrated Transportation Enhancement Program 2012 Cycle 10 is open for applications. Staff has evaluated current and future City projects and is presenting the following material related to the Route 47 widening project. IDOT has projected to finish the widening of Route 47 in 2015. No streetlights are included in the Route 47 project scope except for lighting at designated intersections that is combined with the traffic signals. Conduit and bases for future street and pedestrian lighting is a part of the Route 47 project. The City is responsible for purchase and installation of this lighting. Category#3 "Landscaping and other scenic beautification" can cover streetscape projects, vehicular lighting and pedestrian lighting. From the ITEP grant manual: This category is for landscaping projects that enhance the aesthetic or ecological value along transportation corridors or complement projects that qualify for funding in other categories. Projects commonly referred to as Streestscapes would be submitted under this category. Landscaping projects must be located on public property along highways, transit stations or streets in downtown area. Landscaping projects in parks are not eligible for funding. Landscaping projects must follow IDOT landscaping policies and procedures for projects on state right-of-way and off of state right-of-way projects. Examples include: planting trees, shrubs and flowers at a transit station, landscaping along a highway entering a community, streetscape project in a downtown community, median landscaping along a street. Planter boxes (permanent), perennials, wildflowers, trees, shrubs, street and pedestrian lighting, sidewalk, crosswalks and ADA related accessibility improvements. Street lighting will is eligible at 50% federal funding (unless it is in a designated historic area and period lighting is provided) and pedestrian lighting is eligible for 80% federal funding. The City's share of the Route 47 project for ADA upgrades to crosswalks is not eligible because the IDOT Route 47 project is federally funded, and the ITEP grant program is also federally funded. Federal funds cannot be used to match federal funds. The streetlights would match the pedestrian lights on the Marge Cline bridge and the streetlights at intersections that are part of the Route 47 project. The preliminary estimates are as follows: Total ITEP City Combination lighting(@50%) $740,400 $370,200 $370,200 Streetscape: benches, trash,planters k80%)$137,500 $110,000 $27,500 Total grant application $877,900 $480,200 $397,700 Staff spoke with IDOT for clarification on the lighting cost-sharing. They had understood all lighting to be at 50% and had emailed that to EEI. After staff inquired further about the pedestrian lighting at an 80% share as stated in the grant manual, they are now looking into how much of the combo street/pedestrian lighting can be paid for at 80%. At this time, at a minimum the pedestrian light fixture shall be paid at an 80%/20%. The lighting manufacturer is working to get us a number for this fixture. TIF funds can contribute towards the downtown improvements including lighting and the benches, trash receptacles,planters and perennials. The total cost for lighting in the TIF district is $105,000. All streetscape improvements would be located in the downtown. Total ITEP City Combination lighting (@50%) $635,400 $317,700 $317,700 Combination lighting in TIF district(@50%)$105,000 $52,500 $52,500 TIF district streetscape (k80%) $137,500 $110,000 $27,500 Total grant application $877,900 $480,200 $397,700 Funds that can be paid for by TIF district $242,500 $162,500 ($80,000) Remaining balance $317,700 An exhibit showing the street light locations is attached, as well as the detail of the streetlight. The benches, trash and planters have not been located yet. The benches, trash receptacles and planters selected as part of the Integrated Transportation Plan are attached. Perennials would be planted in the planters and in other locations on throughout the downtown. At this time staff is seeking direction on whether or not to proceed with the grant application. Approval to participate in the grant through resolution will be brought to the May 22nd City Council meeting. .LL Legend a Conover Georgeanna 4 and Existing Street Lights .� c y o Future City Decorative Lighting 0 Proposed Route 47 Combination Lighting Existing Street Light Removal Walnut 0 300 600 .-. s Feet cc Jackson _o y Victoria Appletree m Martin L Elm Y Marie Park a� c 0 E W Somonauk c v o U- 0 cc U Spring .j J _ Center m` Y iJ 0 a o River y 3 3 Y C) Main 'i O �awne w0pddale a� aa� .L Hydraulic Hydraulic W N E a Van Emmon CD ° Madison � � D H I a 0 Ridge CD � o y 3 Ridge I� m Fox Bu�CmaSteC Was ih ngton m V`1 Orange cc � E o a �- Q Dolph Foxboro Dolph Olsen Rodak Beecher CL Blaine _ Walter S � rho °4s e Illini Elizabeth MT TM ® EM Colonial ® ® ® ® ffm Oa �cebus� Beaver a 0o arc tae�� (D o moo eo 0a DATE: Engineering Enterprises, Inc. United City of Yorkville AUGUST 2011 ILLINOIS ROUTE STREET LIGHT 52 Wheeler Road 800 Game Farm Road PROJECT NO.: Y01109 47 IMPROVEMENTS EXHIBIT - CENTRAL Sugar Grove, Illinois 60554 Yorkville, IL 60560 BY' KKP (630) 466-6700 PATH: H:1GISIPUBLI0YORKVILLE 120111Y01109 UNITED CITY OF YORKVILLE, ILLINOIS www.eeiweb.com FILE: Y01109 LIGHTS CENTRAL.MXD NORTH Ld of a w m d- =0 PEDESTRIAN FIXTURE __ �Z O z ROADWAY FIXTURE w N \ N 3 =w I Of U J 0�� p /^ 0 Co VI 11 1/2" BOLT CIRCLE FOR 1" X 60" CAST ALUMINUM HANG a¢ + ACCESS DOOR ANCHOR BOLTS, 1" BASE PLATE STRAIGHT FIXTURE COUPLING THICKNESS 8' V � N z � a 0 `O ILL Al N z cn v � v cn I U) CLEAR STIPPLED ACRYLIC TEARDROP LENS, IP66 RATED SEALED OPTIC SYSTEM 0 IpG FOR IES TYPE III, FULL CUT OFF DISTRIBUTION rl) „—� TOOL LESS DIE CAST ALUMINUM HOUSING AND Ln W BODY 00 Do \I\ 250/400 WATT HIGH PRESSURE SODIUM, MOGUL SOCKET J (D \ Q > 0') 0 � � o r, o I � SOCKET TYPE WATTAGE LIGHT SOURCE N 2' VOLTAGE M FUSE ACRYLIC ACORN LENS WITH CAST ALUMINUM, 356 ALLOY, HINGED ROOF FINISH NIGHTSKY ROOF OPTICS IES BLACK FINISH TYPE 3, CUT OFF DISTRIBUTION Q 0 50 WATT HPS, MEDIUM SOCKET N r 8" DIA. BASE TO 4" DIA TOP, TAPERED FLUTED STEEL POLE SHAFT, 16 SHARP FLUTE, 10 GAUGE POLE DESIGNED FOR AASHTO 2001 STANDARDS FOR 90 MPH WIND ZONE AND 3 SECOND GUST 50 YEAR MINIMUM DESIGN LIFE 6 3/4" 1 (1) 12" X 9" X 6" ACCESS DOOR SECURED WITH STAINLESS STEEL TAMPERPROOF HARDWARE n I \ N M 2 PIECE, 356 ALLOY, CAST ALUMINUM CLAMSHELL BASE I MECHANICALLY ATTACHED WITH STAINLESS STEEL, TAMPERPROOF HARDWARE 1/4-20 HOLE FOR GROUNDING LUG SUPPLIED BENCH TRASH RECEPTACLE PLANTER BOLLARD Manufacturer: DuMor, Inc. Manufacturer: DuMor, Inc. Manufacturer: Wausau Tile or Longshadow Manufacturer: DuMor, Inc. Model: Bench 58 Model: Receptacle 102 Planters Model: Ballard 451 Color: Black Color: Black Model: TF4177, Oxmoor or Caron Color: Black Jardiniere Color: To Match Limestone . n K � ,:_ - 55 A + — 5 it ti TREE GRATE LIGHTING FENCING CROSSWALK PAVING Manufacturer: Ironsmith, Inc. Manufacturer: Sternberg Lighting Manufacturer: Master Halco Manufacturer: Butterfield Color Model: Del Sol or Sunrise Model A: 1-1914A1478EFPM-8'18530SRTF- Model: Imperial Fence - Style D Modified Model: Old Chicago Herringbone Color: N/A 12FF1113OAfA15Pf478EFPM/SSCC or Custom Design Color: U31 - Weathered Terra Gotta Model B: 1130A/A/5P/PT/4216FP5 Color: Black P13 - Deep Charcoal Color: Black Options: Banner Arm, Planter Arm, Flag Pole, Wreath Hook, Speaker '► �►��+`+►�'r►#� Mount or Outlets I►�t�I�I�I'�#�I P, Model A Model B ► `►j► , 1`�► � (For Route 47& (Pedestrian Scale MINAS-1 Major Intersections) For Minor Streets) EXHIBIT Q - STREETSf-4� APE ELEMENTS • i i i • � ' i i i I - RIVERWALK AREA � � ENHANCEMENTS FOX RIVER ar a PROPOSED BRIDGE PROVIDESA �. RIVER CROSSING FOR BICYCLE + AND PEDESTRIAN TRAFFIC CIVIC USE/ CIVIC MIXED USIE USE RIVERWALK PEDESTRIAN ACCESS+' PEDESTRIAN ACCESS TO THE FOX ` c 1 RIVER.ONE OF YORKVILLE'S MOST � '_ - SGNIFICANT NATURAL FEATURES LANDSCAPED PEDESTRIAN DECORATIVE FENCE SCREENS I GATEWAY PLAZAS ESTABLISH- I /� CON NECTIONWES VIEW OF RAILROAD j PEDESTRIAN ENTRYWAY TO IVIC F ACCESS TO RIVERWALK. RIGHT-OF-WAY AND IMPROVES RIVERWALK AREAS USE MIXED-USE ( '"-• CONNECTION LOCATED AT - SAFETY FOR PEDESTRIANS ; TERMINUS OF STREET I �� f INTERSECTION TO MAXIMIZE -- _ - VEHICULAR STREET VISUAL IMPACT _ - " _ IMPROVEMENTS T QU I IMPROVE POOR QUALITY 8'WIDE SIDEWALK!TRAIL' I. PLANTING AREAS.PARKWAYS, SIDEWALKS AND ADD IMP ROVES REGIONAL BOULEVARDS INCORPORATED WHERE ' L) ADDITIONAL SIDEWALKS -ESS TO EXISTING FEASIBLE TO ADD LANDSCAPING AN WTHROUGH THROUGHOUT OOWNTOWNT I DONTOWN VISUAL INTEREST ENHANCE ACCESSIBILITY AND II DOWNTOWN CONNECTIVITY EX TING ALLEYWAYS AESTHETICS IMPROVES OF II I ADDITIONAL LANDSCAPING WITHIN II I Itl -- DOWNTOWN AREA AND ENHANCES �b THE PEDESTRIAN EXPERIENCE � . {_ 1 y{. h T ..d ,rr ESTABLISH FOCAL POINT AT RESIDE-IIT_IA MIXED-USE ' S �� I I I MIXED-USE �f Ifl - - __—� _-- TERMINUS OF STREET �k1-FIH II + V INTERSECTION TO MAXIMIZED -- -- VISUAL IMPACT AND ESTABLISH A MER _ SENSE OF PLACE f i I MIXED-USE -_ ESTABLISH CONSISTENT _ 1 I AMENITIES THREA FOR TREE DOWNTOWN AREA FOR STREET MIXED-USE - I/ --- FURNISHINGS,AND LANDSCAPING PEDESTRIAN STREET I I I �� r INCORPORATE PARKWAY TREES IMPROVEMENTS _ i THROUGHOUT THE DOWNTOWN ' AREA TO IMPROVE AND ENHANCE THE STREETSCAPE APPEARANCE -- ---� f 1 I -. CURB EXTENSIONS(I.E.- JT— BUMP OUTS)IMPROVE . _ APPEARANCE AND SAFETY ESID€NTJ L MIXED-USE _ AT INTERSECTIONS J - - ; ENHANCED CROSSWALK ADDITIONAL AND PROVIDE MID-BLOCK CROSSWALKS `- I� TREATMENTS AT INTERSECTIONS IMPROVED ON-STREET _ WHERE APPROPRIATE IN ORDER s` • I AND MID BLOCK CROSSINGS TO PARKING LOCATED TO IMPROVE PEDESTRIAN ACCESS ` CIVIC IMPROVE PEDESTRIAN THROUGHOUT DOWNTOWN THROU GHOUT THE DOWNTOWN CIRCULATION,SAFETY,AND - f AREA AND TO CALM TRAFFIC FLOW USE .f I OVERALL AESTHETICS OF DOWNTOWN AREA ------ _ ENHANCED LANDSCAPING, A- L _ - FURNISHINGS, & PEDESTRIAN SPACES _r. RESIDENTIAL 6 MIXED-USE IQEIVTIAL ESIDENTIAL CIVIC ® _ I OPEN SPACE PROVIDES AND t.� USE ,ry a FRAMESVIEWSTO HISTORIC -- r KENDALL COUNTY COURTHOUSE 1 ,� I FROM ROUTE 47 � 9 ,_ - Y✓� I 1 SD CITY � it EST., 1836 NOTE: Conceptual illustration. Dimensions are a.�. approximate and existing conditions vary. ��I I + III T �I ,�- --I� ,� DOWNTOWN STRLL i L ir- L_ NORTH Scale: N.T.S. ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST ILLINOIS ROUTE 47 STREET LIGHTS UNITED CITY OF YORKVILLE KENDALL COUNTY ILLINOIS UNIT ITEM NO ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 ROADWAY ASSEMBLY WITH PIED LEVEL FIXTURE EACH 45 $ 10,500.00 $ 472,500.00 2 ELECTRICAL SERVICE INSTALLATION L SUM 1 $ 5,000.00 $ 5,000.00 3 LIGHTING CONTROLLER EACH 2 $ 8,000.00 $ 16,000.00 4 600V,2-1/C NO.6, 1/C NO.6 GROUND(XLP-TYPE USE)1"DIA. FOOT 9,500 $ 3.00 $ 28,500.00 5 ELECTRIC CABLE IN CONDUIT,600V,(XLP-TYPE USE)3-1/C NO.2 FOOT 100 $ 10.00 $ 1,000.00 SUB-TOTAL $ 523,000.00 CONTINGENCY(10%) $ 52,300.00 TOTAL ESTIMATED CONSTRUCTION COST $ 575,300.00 ENGINEERING(20%) $ 115,100.00 COMED SERVICE $ 50,000.00 TOTAL ESTIMATED COST TO COMPLETE PROJECT $ 740,400.00 C:\Users\MostrekoWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3QPOZX9Q\Copy of EOPC 2012-04-26 Street Lights ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST ILLINOIS ROUTE 47 STREETSCAPE ELEMENTS UNITED CITY OF YORKVILLE KENDALL COUNTY ILLINOIS UNIT ITEM NO ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 BENCH EACH 20 $ 2,000.00 $ 40,000.00 2 TRASH RECEPTACLE EACH 20 $ 1,000.00 $ 20,000.00 3 PERENNIALS EACH 500 $ 20.00 $ 10,000.00 4 PLANTER EACH 15 $ 2,000.00 $ 30,000.00 SUB-TOTAL $ 100,000.00 CONTINGENCY(10%) $ 10,000.00 TOTAL ESTIMATED CONSTRUCTION COST $ 110,000.00 ENGINEERING(25%) $ 27,500.00 TOTAL ESTIMATED COST TO COMPLETE PROJECT $ 137,500.00 Reviewed By: Agenda Item Number .'� •s► Legal ❑❑ Mayor#5 Finance EST. -� __ti 1838 Engineer ❑ -- City Administrator ❑ Tracking Number m Human Resources ❑ �s =Q Community Development El 2012-41 ` Police ❑ ALE ��' Public Works ❑ Agenda Item Summary Memo Title: Selection of Mayor Pro-Tem Meeting and Date: City Council —May 8, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Per the Procedural Ordinance, Section le. 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. Reviewed By: Agenda Item Number •s► Legal ■❑ Plan Commission#1 Finance EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number Human Resources ❑ `=Q Community Development F-1 PC 2012-02 Police ALE � Public Works ❑ Agenda Item Summary Memo Title: Ordinance Denying D Construction Spoil/Fill Site(Evergreen Farms Estates) Special Use Request Meeting and Date: City Council—May 8, 2012 Synopsis: Request for Special Use in the R-2 Zoning District for grading and filling of the Evergreen Farm Estates site with clean soil from IDOT's Rte. 47 construction project. Council Action Previously Taken: Date of Action: 4-24-12 Action Taken: City Council discussion and direction to prepare Ordinance of denial. Item Number: PC 2012-02 Type of Vote Required: Majority Council Action Requested: Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached Ordinance and memorandum. Ordinance No. 2012- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, DENYING A SPECIAL USE PERMIT TO FILL AND GRADE PROPERTY COMMONLY KNOWN AS EVERGREEN FARM ESTATES 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 the Illinois Municipal Code (65 ILCS 5/11-13-1.1, et seq.), the Mayor and City Council of the City (collectively, the "Corporate Authorities") may provide for and allow the classification of special uses in its zoning ordinances; and, WHEREAS, pursuant to the Yorkville Zoning Ordinance (the "Zoning Code"), any person owning or having an interest in property may file an application to use such property for one or more of the special uses provided for in the zoning district in which the land is situated; and, WHEREAS,under the authority of the Zoning Code, the property at the northeast and southeast corners of Fox and Pavillion Roads in Yorkville, Illinois, commonly known as Evergreen Farm Estates (the "Subject Property"), is located in a designated R-2 One-Family Residence District District, and the "filling of holes, pits or lowlands with noncombustible material free from refuse and food wastes" is allowed in this district by a special use permit pursuant to Section 10-6C-2 of the Zoning Code; and, WHEREAS, the Corporate Authorities have received a request for such a special use permit for the Subject Property from D Construction Management agent for the owner of the Subject Property Brandon Road properties, LLC; and, WHEREAS, notice of a public hearing before the Plan Commission on this special use request was duly published on February 16, 2012 in the Kendall County Record, a newspaper of general circulation in the City; and, WHEREAS, after notice to property owners within five hundred (500) feet of the Subject Property the Plan Commission convened and held a public hearing on March 14, 2012 and a public meeting on April 11, 2012, to consider the requested special use; and, WHEREAS, the Plan Commission reviewed the standards set forth in Section 10-14-6.17 of the Zoning Code and made findings of fact and a recommendation to the Corporate Authorities; and, WHEREAS, the Plan Commission's recommendation was to deny the requested special use by a vote of 5 nays and no ayes finding that the requested special use did not meet the standards in Section 10-14-6.17 to grant such a special use; and, WHEREAS, the Corporate Authorities have reviewed the Plan Commission's findings of fact, transcripts of the hearings and recommendation; and, WHEREAS, the Corporate Authorities find that the proposed special use will unreasonably be detrimental to and endanger the public health, safety, comfort and general welfare because; Ordinance No.2012- Page 1 I. The Petitioner failed to provide adequate information regarding the plans for site grading, 2. The Petitioner failed to provide adequate information regarding plans for storm water drainage, 3. The Petitioner failed to provide a traffic study or adequate information regarding the impact caused by the increase in truck traffic, 4. That the increase of large trucks carrying fill will increase traffic hazards to existing roads already with high levels of traffic and near residential areas with its impact on pedestrians and bicyclist using the roadways, 5. That the increase in truck traffic will increase traffic noise, 6. That the dumping and grading of fill on the Subject Property will increase the noise and dust coming from those operations, 7. That there was a failure to establish a drainage protection plan for neighboring residential properties, 8. That there is concern that contaminated dirt may be dumped on the Subject Property near adjoining residential properties or the future residential lots on the Subject Property, 9. That there was no plan for protection of the wells of nearby residential properties, and 10. That there was no information regarding the impact on returning the Subject Property to a farming operation or on future development as a residential subdivision. WHEREAS, the Corporate Authorities find that the proposed special use will be injurious to the use and enjoyment of adjoining properties and impair property values in those neighborhoods because of the issues raised in the whereas clause above; and WHEREAS, the Corporate Authorities find that the proposed special use does not have an adequate drainage plan nor access roads because of the lack of a traffic plan showing that the access points are safe for the entrance and exit of large trucks; and WHEREAS, the Corporate Authorities find that adequate measures have not been taken to provide for safe ingress and egress to minimize congestion in the public street as stated in the whereas clauses above; and WHEREAS, the Corporate Authorities find that the proposed special use at this location would have adverse effects above and beyond those associated with such a special use if located elsewhere in the same zoning district. 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 herein and made a part of this Ordinance. Section 2. That the Corporate Authorities hereby deny the special use application PC 2012-02 to allow the "filling of holes, pits or lowlands with noncombustible material free from refuse and food wastes"upon the Subject Property. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Ordinance No.2012- Page 2 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 3 sir Memorandum 0 a' To: City Council EST. ! W- 1836 From: Krysti J. Barksdale-Noble, Community Development Director -�� CC: Bart Olson, City Administrator Date: April 17, 2012 tea= 9 ,= Subject: PC 2012-02—D Construction Spoil/Fill Site (Evergreen Farms Estates) Kendae counTy Lj<kE �. Special Use Request to the R-2 Zoning District Petitioner's Request& Background: D Construction Management, LLC, on behalf of Brandon Road Properties, LLC, owner, is requesting special use approval within the R-2 One Family Residence District to temporarily fill low areas and grade portions of the Evergreen Farms Estates with uncontaminated soil from the Illinois Department of Transportation's (IDOT) Route 47 roadway project. Upon completion of the roadway project, the property will be restored to its current agricultural land use until such time it is redeveloped for residential dwellings as previously approved in the annexation agreement and Preliminary Plan for Evergreen Farm Estates in 2006. The City's zoning ordinance specifically identifies "filling of holes, pits or lowlands with noncombustible material free from refuse and food wastes" as an allowable use only in the R-1 One- Family Residence District by special use permit. However, due to the cumulative nature of the zoning ordinance, all permitted and special uses allowed in the R-1 District are also allowed as permitted and special uses in the R-2 One Family Residence District. The proposed temporary fill and grading activity is also permitted on the property in the annexation agreement, but only when in conjunction with the redevelopment of the site for the approved residential land use. Plan Commission Action: The Plan Commission reviewed the requested special use permit at a public hearing held on March 14, 2012 and made the following action: Motion to recommend approval of the request for authorization within the R-2 One Family Residence District to temporarily fill low areas and grade portions of the 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 10-613-2 of the United City of Yorkville City Code subject to recommendations in a staff memorandum dated March 7, 2012 and further subject to the clean soil only coming from the Route 47 roadway project. Action Item• Lindblom-nay; Crouch-nay; Weaver-nay; Prochaska-nay; Kraupner-nay 0 ayes; 5 nays; 0 abstentions Consequently, the Economic Development Committee (EDC), at its April 3, 2012 meeting, remanded the special use request to the Plan Commission due to a procedural technicality with the direction to fully enumerate and reduce each of the required Special Use standards to writing based solely upon the evidence presented by the Petitioner and from testimony given at the March 14'h public hearing, as required by State Statute. Plan Commission Written Findings of Facts: The findings of the Plan Commission with regard to the requested special use permit are contained within the minutes of the April 11, 2012 meeting based upon the standards in Section 10- 14-6F of the City's Zoning Ordinance, and are summarized as follows: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. Finding: Based upon the testimony provided in a Public Hearing on March 14, 2012 by those citizen's present, including a presentation by Gary Davidson, attorney, for the petitioner D. Construction Management behalf of Brandon Road Properties, LLC, owner, and a plan prepared by HR Green dated 3107112 titled "Evergreen Farm - Special Use Request", we, the Yorkville Plan Commission find that the Petitioner's request did not meet the standard due to the lack of adequate information regarding site grading, drainage, and proposed truck traffic which as a result of the proposed special use. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. Finding: Based upon the testimony provided in a Public Hearing on March 14, 2012 by those citizen's present, including a presentation by Gary Davidson, attorney, for the petitioner D. Construction Management behalf of Brandon Road Properties, LLC, owner, and a plan prepared by HR Green dated 3107112 titled "Evergreen Farm - Special Use Request", we, the Yorkville Plan Commission find that the Petitioner's request did not meet the standard due to the lack of adequate information regarding site grading, drainage, and proposed truck traffic which may negatively impact other neighboring properties as a result of the proposed special use. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Finding: Based upon the testimony provided in a Public Hearing on March 14, 2012 by those citizen's present, including a presentation by Gary Davidson, attorney, for the petitioner D. Construction Management behalf of Brandon Road Properties, LLC, owner, and a plan prepared by HR Green dated 3107112 titled `Evergreen Farm - Special Use Request", we, the Yorkville Plan Commission find that the proposed special use will not interfere or impede the normal an orderly development and improvement of the surrounding permitted residential and agricultural land uses. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. Finding: Based upon the testimony provided in a Public Hearing on March 14, 2012 by those citizen's present, including a presentation by Gary Davidson, attorney, for the petitioner D. Construction Management behalf of Brandon Road Properties, LLC, owner, and a plan prepared by HR Green dated 3107112 titled "Evergreen Farm - Special Use Request", we, the Yorkville Plan Commission find that the Petitioner's request did not meet the standard due to the lack of adequate information specifically related to drainage being provided on the property as a result of the proposed special use. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. Finding: Based upon the testimony provided in a Public Hearing on March 14, 2012 by those citizen's present, including a presentation by Gary Davidson, attorney, for the petitioner D. Construction Management behalf of Brandon Road Properties, LLC, owner, and a plan prepared by HR Green dated 3107112 titled "Evergreen Farm - Special Use Request" we, the Yorkville Plan Commission find that although adequate ingress and egress to the site has been provided via the proposed two (2) construction entrances, traffic congestions along Fox Road, a public street, may be increased due to the additional truck traffic and construction activity as a result of the proposed special use and therefore does not meet the standard. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. Finding: Based upon the testimony provided in a Public Hearing on March 14, 2012 by those citizen's present, including a presentation by Gary Davidson, attorney, for the petitioner D. Construction Management behalf of Brandon Road Properties, LLC, owner, and a plan prepared by HR Green dated 3107112 titled "Evergreen Farm - Special Use Request", we, the Yorkville Plan Commission find that the proposed special use could in all other respects conform to the R-2 One Family Residence District zoning regulations in which it is located except in those instances where modifications by the City Council may be made pursuant to the recommended conditions of the Plan Commission. Subsequent Information by Petitioner: During the April 11"' Plan Commission meeting, the Petitioner had sought to submit into the record additional information regarding their special use request obtained from the City via a Freedom of Information Act (FOIA) filing. The additional information the Petitioner referenced was a regional stormwater drainage study prepared by EEI in February 2007 for the southwest development area of the city entitled `Hydrologic & Hydraulic Analysis for: Southwest Stormwater Study (Fox Road Area)" and the "Fox Road Southwest Area Transportation Study" prepared by EEI in November 2005. Both studies covered an approximately 5-6 square mile area, and consisted of several proposed development projects including the Evergreen Farm Estates property. Of particular note is that both reports are based upon the assumption that the Evergreen Farm Estates property has been constructed as a single family residential development per the approved PUD concept plan, and not as proposed by the Petitioner in their special use request. The Petitioner's request to submit these documents for consideration by the Plan Commission was denied at the April 1It' meeting, since the public hearing on the matter had been closed by the Plan Commission and a vote already taken. Any new evidence or testimony presented for consideration must be done during a public hearing to allow for cross examination and comment by the public. A copy of both reports has been attached, along with the Petitioner's FOIA requests, for your reference. City Council Action: The following options are available for the City Council to consider with regard to the requested special use permit in the R-2 One Family Residence District for temporary fill of clean soil from the Route 47 roadway construction project on the Evergreen Farm Estates property: 1. Direct the City Attorney to draft an ordinance denying the Special Use request. 2. Direct the City Attorney to draft an ordinance approving the Special Use request as presented. 3. Direct the City Attorney to draft an ordinance approving the Special Use request with staff's recommended conditions provided below: a. The two (2) proposed temporary entrances off of Fox Road shall align and be subject to Kendall County Highway permit approval. b. In 2009, the City completely resurfaced the stretch of Fox Road from Route 47 west to Popular Drive (approx. 5,500 linear feet) as part of the State's Local Agency Pavement Preservation(LAPP) program. Due to this recent improvement of our City's road infrastructure and the potential damage of Fox Road as a direct result from the proposed operation, a cash deposit or bond shall be required by the petitioner as security to be held by the City until the completion of the proposed temporary use. The fee shall be determined by the City's engineering consultant and based upon the review of the Site Development & Soil Erosion and Sedimentation Control Plans. c. The special use approval shall be subject to Site Development Plan & Soil Erosion and Sedimentation Control Plan approval. d. The clean soil deposited on the property shall be limited to the Illinois Department of Transportation Route 47 roadway project. 4. Send the matter back to the Plan Commission to conduct a new public hearing to consider the subsequent information by the Petitioner. Since the Plan Commission unanimously recommended denial of the Petitioner's request, the City Council will need a concurring vote of two-thirds (2/3) of the elected members should they decide to approve the special use and reverse the recommendation of the Plan Commission. For your reference, staff has attached a copy of the memorandums submitted to the Plan Commission regarding this request, as well as the minutes and transcripts from those meetings. The petitioner will be present at Tuesday night's meeting to address the City Council. Memorandum a 1 % To: Plan Commission EST. _ leas From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator r= ` �y Date: April 3, 2012 Subject: PC 2012-02 - D Construction Spoil/Fill Site (Evergreen Farms Estate) Special Use Request to the R-2 Zoning District As you will recall, the Plan Commission reviewed the requested special use permit for the Evergreen Farm Estates property at a public hearing held on March 14, 2012 and took the following action: Motion to recommend approval of the request for authorization within the R-2 One Family Residence District to temporarily fill low areas and grade portions of the 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 subject to recommendations in a staff memorandum dated March 7, 2012 and further subject to the clean soil only coming from the Route 47 roadway project. Action Item Vote: Lindblom-nay; Crouch-nay; Weaver-nay; Prochaska-nay; Kraupner-nay 0 ayes; 5 nays; 0 abstentions Staff Comments & Recommendation: As indicated is the above vote, the Plan Commission unanimously recommended denial of the requested special use permit in the R-2 One Family Residence District for temporary fill of clean soil from the Route 47 roadway construction project onto the Evergreen Farm Estates property. However, during the Plan Commission's deliberation of the evidence presented by the Petitioner and from testimony of those present at the public hearing, there was a failure to enumerate and reduce each of the required Special Use standards to writing. Due to the fact that Illinois State Statute requires in cases of special uses that the findings of fact shall refer to any exhibits containing plans and specifications, and shall specify the reason(s) for making a recommendation of approval or denial (65 ILCS 5111-13-I1), at staff's recommendation, the Economic Development Committee (EDQ has remanded the special use request to the Plan Commission for further deliberation and a full vetting of the individual Standards for Special Use based solely upon the evidence and testimony presented at the public hearing on March 14, 2012 to render written findings of facts to be considered by the City Council for final determination. For your reference, staff's memorandum and supporting materials submitted for review at the March 14'h public hearing meeting are attached and the Standards for Special Use are provided below. Standards for Special Use: Section 10-14-6F of the City's Zoning Ordinance establishes standards for special use requests. No special use shall be recommended by the Plan Commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. Attachments: 1. Staff's memorandum to Plan Commission dated March 7, 2012. 2. Aerial and Photographs of Subject Property 3. Copy of Petitioner's Application w/attachments. 4. Evergreen Farm Special Use Request Preliminary Site Plan prepared by HR Green dated 3/07/12. 5. Response to Staff's site plan review comments prepared by David Shultz of HR Green dated March 7, 2012. 6. Response to Engineering Enterprises Inc. (EEI) site plan review comments prepared by David Shultz of HR Green dated March 7, 2012. 7. Copy of Public Notice. Memorandum a 1 To: Plan Commission EST. -,� _ 1836 From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: March 7, 2012 Subject: PC 2012-02 - D Construction Spoil/Fill Site (Evergreen Farms Estate) Special Use Request to the R-2 Zoning District Petitioner's Request: D Construction Management, LLC, on behalf of Brandon Road Properties, LLC, owner, is requesting special use approval within the R-2 One Family Residence District to temporarily fill low areas and grade portions of the Evergreen Farms Estates with uncontaminated soil from the Illinois Department of Transportation's (IDOT) Route 47 roadway project. Upon completion of the roadway project, the property will be restored to its current agricultural land use until such time it is redeveloped for residential dwellings. The City's zoning ordinance specifically identifies "filling of holes,pits or lowlands with noncombustible material free from refuse and food wastes" as an allowable use only in the R-1 One-Family Residence District by special use permit. However, due to the cumulative nature of the zoning ordinance, all permitted and special uses allowed in the R-1 District are also allowed as permitted and special uses in the R-2 One Family Residence District. Property Background: The Evergreen Farms Estates property, located at northeast and southeast corners of Fox Road and Pavilion Road, consists of two (2) parcels approximately 46.5-acres in total area. The parcel north of Fox Road is approximately 20.5 acres and the parcel south of Fox Road is approximately 26 acres. In 2006, the parcels were annexed into the City and approved a concept plan for a 77-unit single family residential development as part of an annexation agreement between the City and the original owners/developer of the property, Evergreen Farms Estates, LLC (Tanglewood Development Corporation). The annexation agreement did have provisions allowing the owner, following Preliminary Plan approval, to undertake excavation, preliminary grading work, filing and soil stockpiling on the property in preparation for the development of the site upon submittal of a grading plan and soil erosion and sedimentation control plan to the City and approved by the City Engineer. However, Preliminary Plan approval has not been granted for the Evergreen Farms Estate development and the proposed filing and soil stockpiling on the property is not in preparation for the development of the property for a residential land use. The annexation agreement also permits for the continuation of the property currently being used for farming and general agricultural uses until such time it is developed. Since approval of the concept plan in 2006 for the Evergreen Farms Estate property, no further action for redevelopment occurred. The property was placed on the market for sale and was recently purchased by the petitioner, Brandon Road Properties, LLC. Proposal Summary & Staff Comments: Below is staff's commentary regarding the petitioner's proposal for the temporary clean spoil/fill site operation. A more detailed project narrative, proposed site plan and responses to staff's initial plan review comments prepared by the petitioner is also included in the packet for your review. Day-to-Day Operations: As proposed, the temporary soil/fill operation on the property will coincide with the Route 47 project timeline and last for about 1-2 years. Trucks will remove clean spoil from the roadway construction site and haul the load to the subject property for re-spread to fill and grade low areas and to stockpile soil for later use. The operating hours for the project site will occur during normal business hours and comply with Section 4-4-3: Noise Ordinance of the City's Code which restricts excessive noise near residential land during daytime (7:OOAM — 10:00 PM) and overnight (10:00PM — 7:OOAM) hours. According to the petitioner, a majority of the grading operation will occur on only one (1) parcel, either north of Fox Road or south of Fox Road, at any given time during the operation. There are no temporary or permanent structures proposed as part of the special use permit application. Site Access & Traffic: The petitioner states the number of truckloads per day will vary with some days having little to no truck traffic, but estimates a peak of approximately 20-25 truckloads per day. The trucks, which will not exceed the legal or posted weight limits, will access the property from two (2) proposed temporary access points off of Fox Road as illustrated on the attached site plan. Permitting for these entrances will require authorization from the Kendall County Department of Highways, as this portion of Fox Road is under the county's jurisdiction. No construction traffic, nor truck access to the south parcel,will occur off of Pavilion Road. Appropriate traffic signage alerting motorists that trucks are entering and exiting the property onto Fox Road is also proposed. The on-site contractor will monitor Fox Road for construction traffic debris and/or dirt, and will conduct daily street cleaning as required during the temporary operation. A Street Cleaning deposit will be required by the City of Yorkville in the amount of $5,000.00 as part of the Soil Erosion and Sedimentation Control Plan approval and grading permit issuance. Site Development& Soil Erosion and Sedimentation Control Plans: Site Development & Soil Erosion and Sedimentation Control Plans are required by the city to permit the proposed grading and fill operation. These plans will indicate where sediment traps and perimeter silt fencing will be located on the site to protect existing drainage patterns, detail the method of dust control and street cleaning, and prevent erosion and runoff of the soil stock piles. These final engineering plans will be submitted by the petitioner and reviewed by the City's engineering consultant upon approval of the Special Use request. Compliance with Illinois Environmental Protection Agency(IEPA) regulations: The Illinois Department of Transportation (IDOT) will have the responsibility of completing the necessary environmental assessments and analysis to certify which soils from the Route 47 reconstruction project are non-special waste requiring transportation and disposal to a landfill and which soils are certified as "uncontaminated" soils per the Illinois Environmental Protection Agency (IEPA) standards. The Evergreen Farms Estates site will only receive the certified"uncontaminated" or clean soil. The testing of the soils will be conducted by an environmental engineering firm, ENMARC & Associates, contracted by IDOT. In a correspondence from ENMARC & Associates dated January 25, 2012 (attached), the project's environmental engineer states that the certified"clean" soil from the Route 47 project will not only meet the current IEPA standards for soil suitable for residential properties, but will also meet new regulations which provide additional criteria to further assess the soil's quality. Staff Comments & Recommendations: Staff offers the following comments and recommendations for the Plan Commission to consider when reviewing the petitioner's request: • Staff recommends the two (2) proposed temporary entrances off of Fox Road align and has shared this concern with the Kendall County Department of Highways in advance of issuance of the required access permit. The special use approval shall be subject to Kendall County Highway permit approval. • In 2009, the City completely resurfaced the stretch of Fox Road from Route 47 west to Popular Drive (approx. 5,500 linear feet) as part of the State's Local Agency Pavement Preservation (LAPP) program. Due to this recent improvement of our City's road infrastructure and the potential damage of Fox Road as a direct result from the proposed operation, Staff suggests an additional deposit or bonding be required by the petitioner as security to be held by the City until the completion of the proposed temporary use. The fee will be determined by the City's engineering consultant and based upon the review of the Site Development & Soil Erosion and Sedimentation Control Plans. • The special use approval shall be subject to Site Development Plan & Soil Erosion and Sedimentation Control Plan approval. Standards for Special Use: Section 10-14-617 of the City's Zoning Ordinance establishes standards for special use requests. No special use shall be recommended by the Plan Commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. Attachments: 1. Aerial and Photographs of Subject Property 2. Copy of Petitioner's Application w/attachments. 3. Evergreen Farm Special Use Request Preliminary Site Plan prepared by HR Green dated 3/07/12. 4. Response to Staff's site plan review comments prepared by David Shultz of HR Green dated March 7, 2012. 5. Response to Engineering Enterprises Inc. (EEI) site plan review comments prepared by David Shultz of HR Green dated March 7, 2012. 6. Copy of Public Notice. 0 CIP Reviewed By: Agenda Item Number J� ¢ �► Legal ❑❑ City Treasurer#1 Finance ESL -� 1836 Engineer ❑ -_� City Administrator El Tracking Number .4 City y Human Resources El Gwn sw �© Community Development ❑ CC 2012-42 � Police F-1 Public Works ❑ Agenda Item Summary Memo Title: Required Reporting to Municipality by the Police Pension Fund Board Meeting and Date: City Council—May 8, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: William Powell, Treasurer Name Department Agenda Item Notes: REQUIRED REPORTING TO MUNICIPALITY BY PENSION BOARD As of 4/30/2012 fiscal year end (40 ILCS 5/3143) (from Ch. 108 1/2, par. 3143) Sec. 3143. Report by pension board. The pension board shall report annually to the city council or board of trustees of the municipality on the condition of the pension fund at the end of its most recently completed fiscal year. The report shall be made prior to the council or board meeting held for the levying of taxes for the year for which the report is made. 1. Total Assets (cost): $4,216,855 Total Assets (market value): $49216,855 2. Estimated receipts during the next succeeding fiscal year from: Participant Contributions deducted from payroll $177,483 All other sources $336,075 3. Estimated amount required during the next succeeding fiscal year to: (a)pay all pensions and other obligations provided in this Article $319,213 (b) meet the annual requirements of the fund as provided in Sections 3-125 and 3-127; Funding Requirement $542,648 4. Total Net Income received from investment of net assets: $422,126 Assumed Investment Return: 7.50% Actual Investment Return: 11.35% Total Net Income received from investment of net assets (fye 4/30/2011): $520152 Assumed Investment Return (fye 4/30/2011): 7.50% Actual Investment Return(fye 4/30/2011) 17.69% 5. Total number of Active Employees that are financially contributing to the fund: 26 6. Disbursements to: (i)Annuitants in receipt of a regular retirement pension 4 Total number of annuitants: 4 Total amount that was disbursed in benefits: 273,419 (ii)Recipients being paid a disability pension Total number of annuitants 0 Total amount that was disbursed in benefits 0 (iii) Survivors and children in receipt of benefits Total number of annuitants: 0 Total amount that was disbursed in benefits: 0 7. Funded ratio of the fund 40.6% 8. Unfunded Liability $6,176,665 9. Investment Policy of the pension board under the statutory investment restrictions imposed on the fund. Certification I, Todd Overmyer, President of the Police Pension Board, United City of Yorkville, Kendall County, Illinois, do hereby certify that this document is a true and correct copy of: "Required Reporting to Municipality By Pension Board" as outlined in 40 ILCS 5/3143. Witness my hand this 8th day of May 2012. Todd Overmyer President of United City of Yorkville Police Pension Board