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City Council Packet 2012 01-10-12 0,_D Clry United City of Yorkville ' . 800 Game Farm Road esr. -� �- isas Yorkville Illinois 60560 ® M Telephone: 630-553-4350 Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, January 10, 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: 1. Certificate of Recognition for Eagle Scout—Brandon Beerup Public Hearings: Citizen Comments: Consent Agenda: 1. CC 2012-01 Bills for Payment - $684,729.70 2. EDC 2012-05 Ordinance Renaming Wheaton Avenue to Boombah Boulevard—authorize Mayor and City Clerk to execute 3. PS 2012-02 Request to Dispose of Vehicles—authorize Police Department to dispose of the following vehicles: MI —2006 Dodge Charger, M10—2006 Chevy Impala, M14—2003 Ford Crown Victoria, seized 2002 Ford F150, seized 1996 Oldsmobile 88 4. PW 2011-57 Ordinance Establishing Minimum Fines for Ordinance Violations—authorize Mayor and City Clerk to execute Minutes for Approval: 1. CC 2012-02 Minutes of the City Council—December 13, 2011 2. CC 2012-03 Minutes of the City Council—December 27, 2011 Mayor's Report: 1. CC 2012-04 Collective Bargaining Agreement between the International Union of Operating Engineers, Local 150, Public Employees Division and the United City of Yorkville 2. CC 2012-05 River Road Bridge Local Agency Agreement for Federal Participation and Phase III Construction Services Engineering Agreement City Council Meeting Agenda January 10, 2012 Page 2 Mayor's Report(cont'd): 3. PW 2011-71 Safe Routes to School Update Public Works Committee Report: Economic Development Committee Report: 1. EDC 2012-04 Ordinance Adopting New Residential Construction Incentive Program 2. PC 2011-10 &ZBA 2011-02 Ordinance Approving the Rezoning to the R-21) Duplex Two-Family Residence District and Variances for the Property Located at 312 Walter Street (Claesson Property) Public Safety Committee Report: Administration Committee Report: Park Board: Plan Commission: 1. PC 2011-11 Ordinance Approving an Amendment to the Annexation Agreement and Planned Unit Development Agreement (Grande Reserve Subdivision) Zoning Board of Appeals: City Council Report: City Clerk's Report: 1. CC 2012-06 Resolution to Release Closed Session Minutes City Treasurer's Report: Community and Liaison Report: Staff Report: Additional Business: Executive Session: 1. For collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. 2. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Adjournment: City Council Meeting Agenda January 10, 2012 Page 3 COMMITTEES, MEMBERS AND RESPONSIBILITIES -------------------------------------------------------------------------------------------- ---------------- ADMINISTRATION: January 19, 2012-6:00p.m.—City Hall Conference Room; _-_- _ Committee Departments Liaisons Chairman: Alderman Spears Finance Library Vice-Chairman: Alderman Gilson Administration Committee: Alderman Colosimo Committee: Alderman Munns ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT: February 7, 2012—7:00 p.m.—City Hall Conference Room; ______ 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: February 2, 2012—6:30 p.m._—_City Hall Conference Room; -------- ------- -------- --- --- -- - - ----- ------ - - ------ -- ---- ------------------------------------------- Committee Departments Liaisons Chairman: Alderman Colosimo Police Human Resource Comm. Vice-Chairman: Alderman Kot School District Committee: Alderman Spears Committee: Alderman Funkhouser - ------------------------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS: January_17, 2012—6:00 p.m.—City Hall Conference Room --------- -- -- -------- ------ ---- -------------------------------- ----------- 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, January 10, 2012 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATION: Certificate of Recognition for Eagle Scout—Brandon Beerup ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-01 Bills for Payment - $684,729.70 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2012-05 Ordinance Renaming Wheaton Avenue to Boombah Boulevard ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. PS 2012-02 Request to Dispose of Vehicles ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2011-57 Ordinance Establishing Minimum Fines for Ordinance Violations ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-02 Minutes of the City Council—December 13, 2011 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2012-03 Minutes of the City Council—December 27, 2011 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-04 Collective Bargaining Agreement between the International Union of Operating Engineers, Local 150, Public Employees Division and the United City of Yorkville ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2012-05 River Road Bridge Local Agency Agreement for Federal Participation and Phase III Construction Services Engineering Agreement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2011-71 Safe Routes to School Update ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2012-04 Ordinance Adopting New Residential Construction Incentive Program ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2011-10 and ZBA 2011-02 Ordinance Approving the Rezoning to the R-21) Duplex Two-Family Residence District and Variances for the Property Located at 312 Walter Street(Claesson Property) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PLAN COMMISSION: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PC 2011-11 Ordinance Approving an Amendment to the Annexation Agreement and Planned Unit Development Agreement (Grande Reserve Subdivision) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- CITY CLERK'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2012-06 Resolution to Release Closed Session Minutes ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- 00D C/Ty Reviewed By: Agenda Item Number J� 0'� Legal ❑ CA#1 Finance ■ EST. 1836 1.---, Engineer ❑ Tracking Number °< i CO City Administrator F]p ��, ;.� aa` ® Public Works El CC 2012-01 �C E ❑ Agenda Item Summary Memo Title: Bill Payments - $684,729.70 Meeting and Date: City Council 1/10/12 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: 01/03/12 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 09:51:35 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/03/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512553 YORKPOST YORKVILLE POSTMASTER 010312 01/03/12 01 WATER OP-POSTAGE FOR 12/31/11 51 510-54-00-5452 1,957.72 02 UTILITY BILLS ** COMMENT ** INVOICE TOTAL: 1,957.72 CHECK TOTAL: 1,957.72 TOTAL AMOUNT PAID: 1,957. 72 DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512554 AACVB AURORA AREA CONVENTION 113011-ALL 12/20/11 01 ADMIN SERVICES-ALL SEASONS 01-640-54-00-5481 24.97 02 NOVEMBER 2011 HOTEL TAX ** COMMENT ** INVOICE TOTAL: 24.97 * 113011-HAMPTON 12/14/11 01 ADMIN SERVICES-HAMPTON INN 01-640-54-00-5481 1,528.93 02 NOVEMBER 2011 HOTAL TAX ** COMMENT ** INVOICE TOTAL: 1,528.93 * 113011 SUPER 12/14/11 01 ADMIN SERVICES-SUPER 8 01-640-54-00-5481 825.00 02 NOVEMBER 2011 HOTEL TAX ** COMMENT ** INVOICE TOTAL: 825.00 * CHECK TOTAL: 2,378.90 512555 ACI ACI SYSTEM CORP D8298 12/01/11 01 STREETS-JAN - MARCH MONITORING 01-410-56-00-5656 60.00 INVOICE TOTAL: 60.00 * CHECK TOTAL: 60.00 512556 AQUAFIX AQUAFIX, INC. 8008 12/12/11 01 SEWER OP-CHEMICALS 52-520-56-00-5640 470.32 INVOICE TOTAL: 470.32 * CHECK TOTAL: 470.32 512557 ARAMARK ARAMARK UNIFORM SERVICES 610-7333001 12/13/11 01 STREETS-UNIFORMS 01-410-56-00-5600 27.81 02 WATER OP-UNIFORMS 51--510-56-00-5600 27.81 03 SEWER OP-UNIFORMS 52-520-56-00-5600 27.83 INVOICE TOTAL: 83.45 DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512557 ARAMARK ARAMARK UNIFORM SERVICES 610-7342630 12/20/11 01 STREETS-UNIFORMS 01-410-56-00-5600 28.06 02 WATER OP-UNIFORMS 51-510-56-00-5600 28.06 03 SEWER OP-UNIFORMS 52-520-56-00-5600 28.05 INVOICE TOTAL: 84.17 CHECK TOTAL: 167.62 512558 ATTINTER AT&T INTERNET SERVICES 842804266-8-1111 12/09/11 01 ADMIN-T.1 SERVICE 01-110-54-00-5440 587.57 INVOICE TOTAL: 587.57 CHECK TOTAL: 587.57 512559 ATTYDRAZ ANNE L. DRAZNIN 121911 12/19/11 01 ADMIN SERVICES-ARBITRATION 01-640-54-00-5463 565.18 02 BETWEEN CITY & IUOE LOCAL 150 ** COMMENT ** INVOICE TOTAL: 565.18 CHECK TOTAL: 565.18 512560 BANCAMER BANC OF AMERICA LEASING 012040396-C 12/23/11 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 136.50 04 ENG-COPIER LEASE 01-150-54-00-5485 136.50 05 POLICE-COPIER LEASE 01-210-54-00-5485 277.00 06 WATER OP-COPIER LEASE 51-510-54-00-5485 33.00 07 SEWER OP-COPIER LEASE 52-520-54-00-5485 33.00 08 STREETS-COPIER LEASE 01-410-54-00-5485 33.00 INVOICE TOTAL: 935.00 CHECK TOTAL: 935.00 -S- DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512561 BANKNY THE BANK OF NEW YORK 121211-STREBATE 12/28/11 01 ADMIN SERVICES-KENDALL 01-640-54-00-5492 11,648.53 02 MARKETPLACE SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 11,648.53 CHECK TOTAL: 11,648.53 512562 BATTERSM MOLLY SCHWARTZKOPF 122911 12/29/11 01 POLICE-BFPC PROMOTIONAL EXAM 01-210-54-00-5411 45.10 02 MEAL REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.10 CHECK TOTAL: 45.10 512563 BENNETTG BENNETT, GARY L. 121411 12/14/11 01 STREETS-PAYMENT FOR BRUSH 01-410-54-00-5462 600.00 02 DISPOSAL SITE ** COMMENT ** INVOICE TOTAL: 600.00 CHECK TOTAL: 600.00 512564 BNYCORP THE BANK OF NEW YORK 252-1595103 12/14/11 01 WATER OP-PAYING AGENT FEES 51-510-54-00-5462 374.50 02 FOR 2006A ** COMMENT ** INVOICE TOTAL: 374.50 CHECK TOTAL: 374.50 512565 BPAMOCO BP AMOCO OIL COMPANY 32574531-PD 12/24/11 01 POLICE-GASOLINE 01-210-56-00-5695 154.54 INVOICE TOTAL: 154.54 CHECK TOTAL: 154.54 -4- DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512566 BPAMOCO BP AMOCO OIL COMPANY 32574532-PW 12/24/11 01 STREETS-GASOLINE 01-410-56-00-5695 359.82 02 WATER OP-GASOLINE 51-510-56-00-5695 359.82 03 SEWER OP-GASOLINE 52-520-56-00-5695 359.81 INVOICE TOTAL: 1,079.45 * CHECK TOTAL: 1,079.45 512567 BROIHLAW LAW OFFICE OF J.C. BROIHIER 11132 12/01/11 01 POLICE-NOVEMBER LEGAL SERVICES 01-210-54-00-5411 270.00 INVOICE TOTAL: 270.00 * CHECK TOTAL: 270.00 512568 CALLONE UNITED COMMUNICATION SYSTEMS 1010-7980-0000-1211C 12/15/11 01 ADMIN ADMIN LINES 01-110-54-00-5440 187.19 02 ADMIN-CITY HALL NORTEL 01-110-54-00-5440 269.89 03 POLICE-CITY HALL NORTEL 01-210-54-00-5440 269.89 04 WATER OP-CITY HALL NORTEL 51-510-54.00-5440 269.89 05 POLICE-POLICE LINES 01-210-54-00-5440 599.73 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 944.85 INVOICE TOTAL: 2,630.64 CHECK TOTAL: 2,630.64 512569 CAMBRIA CAMBRIA SALES COMPANY INC. 31635 09/21/11 01 ADMIN-TOILET TISSUE, PAPER 01-110-56-00-5610 88.84 02 TOWEL, GARBAGE BAGS ** COMMENT ** INVOICE TOTAL: 88.84 31943 12/19/11 01 ADMIN-PAPER TOWEL 01-110-56-00-5610 41.00 INVOICE TOTAL: 41.00 DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512569 CAMBRIA CAMBRIA SALES COMPANY INC. 31947 12/20/11 01 SEWER OP-PAPER TOWEL 52-520-56-00-5620 55.50 INVOICE TOTAL: 55.50 CHECK TOTAL: 185.34 512570 CARGILL CARGILL, INC 2900295592 12/14/11 01 WATER OP-ROCK SALT 51-510-56-00-5638 2,812.79 INVOICE TOTAL: 2,812.79 2900298251 12/15/11 01 WATER OP-ROCK SALT 51-510-56-00-5638 2,721.86 INVOICE TOTAL: 2, 721.86 2900301059 12/16/11 01 WATER OP BULK ROCK SALT 51-510-56-00-5638 2,771.16 INVOICE TOTAL: 2,771.16 CHECK TOTAL: 8,305.81 512571 COMED COMMONWEALTH EDISON 4329092028-1111 12/20/11 01 STREETS-421 POPLAR DR 01-410-54-00-5480 978.76 INVOICE TOTAL: 978.76 * 8344010026-1111 12/21/11 01 STREETS-LIGHTS 01-410-54-00-5480 405.56 INVOICE TOTAL: 405.56 * CHECK TOTAL: 1,384.32 512572 CRITICAL CRITICAL REACH 12-622 12/29/11 01 POLICE-ANNUAL USE FEE 01-210-56-00-5635 265.00 INVOICE TOTAL: 265.00 * CHECK TOTAL: 265.00 _a_ DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512573 DAVEAUTO DAVID L CHELSEN 18780 12/14/11 01 POLICE-REPLACE BATTERY 01-210-54-00-5495 123.00 INVOICE TOTAL: 123.00 CHECK TOTAL: 123.00 512574 DEPO DEPO COURT REPORTING SVC, INC 15239 12/20/11 01 DEVELOPER ESCROW-WORSLEY 90-032-32-00-0011 246.75 02 REZONING ** COMMENT ** 03 DEVELOPER ESCROW-AUTUMN CREEK 90-019-19-00-0011 246.75 04 AMENDMENT ** COMMENT ** INVOICE TOTAL: 493.50 15240 12/20/11 01 POLICE-12/14/11 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 175.00 15241 12/20/11 01 POLICE-12/07/11 ADMIN HEARING 01-210-54-00-5467 88.50 INVOICE TOTAL: 88.50 15242 12/20/11 01 ADMIN-08/24/11 & 09/14/11 01-110-54-00-5462 415.50 02 ADJUDICATION HEARINGS FOR ** COMMENT ** 03 WINDETTE RIDGE ** COMMENT ** INVOICE TOTAL: 415.50 15243 12/20/11 01 ADMIN-09/28/11 ADJUDICATION 01-110-54-00-5462 79.50 02 HEARING FOR D. NICHOLSON ** COMMENT ** INVOICE TOTAL: 79.50 15256 12/27/11 01 ADMIN-11/21/11 ADJUDICATION 01-110-54-00-5462 98.75 02 HEARING FOR WINDETTE RIDGE ** COMMENT ** INVOICE TOTAL: 98.75 CHECK TOTAL: 1,350.75 512575 DUTEK DU-TEK, INC. �e. DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512575 DUTEK DU-TEK, INC. 695984 12/12/11 01 STREETS-HOSE ASSEMBLY 01-410-56-00-5640 124.78 INVOICE TOTAL: 124.78 CHECK TOTAL: 124.78 512576 DYONJ DYON, JUDY 120711 12/07/11 01 FINANCE-UB SEMINAR MILEAGE 01-120-54-00-5415 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 512577 EEI ENGINEERING ENTERPRISES, INC. 49704 08/29/11 01 DEVELOPER ESCROW-GRANDE 90-034-34-00-0111 334.00 02 RESERVE ** COMMENT ** INVOICE TOTAL: 334.00 50249 08/29/11 01 DEVELOPER ESCROW-AUTUMN CREEK 90-019-19-00-0111 417.50 02 UNIT 1 RESUBDIVISION ** COMMENT ** INVOICE TOTAL: 417.50 CHECK TOTAL: 751.50 512578 FIRST FIRST PLACE RENTAL 216075A-1 11/30/11 01 LAND CASH-HARLEY RAKE TRACTOR 72-720-60-00-6036 2,145.00 INVOICE TOTAL: 2, 145.00 CHECK TOTAL: 2, 145.00 512579 FOLEY FOLEY & LARDNER LLP 33111544 12/12/11 01 ADMIN SERVICES-2007 ABATEMENT 01 640-54-00-5463 990.00 -R- DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512579 FOLEY FOLEY & LARDNER LLP 33111544 12/12/11 02 PROCEEDINGS ** COMMENT ** INVOICE TOTAL: 990.00 CHECK TOTAL: 990.00 512580 FREDRICR ROB FREDRICKSON 010112 01/01/12 01 FINANCE-DECEMBER MOBILE EMAIL 01-120-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 512581 FVFS FOX VALLEY FIRE & SAFETY 665450 12/08/11 01 STREETS-DECEMBER FIRE 01-410-56-00-5656 70.00 02 EXTINGUISHER INSPECTION ** COMMENT ** INVOICE TOTAL: 70.00 CHECK TOTAL: 70.00 512582 GAROKOCH GARDINER KOCH & WEISBERG H-1847C-79436 10/10/11 01 ADMIN SERVICES-UPDATE & 01-640-54-00-5461 74.00 02 FINALIZE AUDIT LETTER ** COMMENT ** INVOICE TOTAL: 74.00 H 1961C-80543 12/10/11 01 ADMIN SERVICES-KENDALL MARKET 01-640-54-00-5461 333.00 02 PLACE MATTERS ** COMMENT ** INVOICE TOTAL: 333.00 H-1974C-80546 12/10/11 01 ADMIN SERVICES-IEPA MATTERS 01-640-54-00-5461 166.50 INVOICE TOTAL: 166.50 H-2013C 80667 12/10/11 01 ADMIN SERVICES-HAMMAN FEES 01-640-54-00-5461 5,806.92 -Q- DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 512582 GARDKOCH GARDINER KOCH & WEISBERG H-2013C-80667 12/10/11 02 MATTERS ** COMMENT ** INVOICE TOTAL: 5,806.92 * H-2364C-80548 12/10/11 01 ADMIN SERVICES-KIMBALL HILL 01-640-54-00-5461 148.00 02 MATTERS ** COMMENT ** INVOICE TOTAL: 148.00 * CHECK TOTAL: 6,528.42 512583 GERLACHS SARA GERLACH 122111 12/21/11 01 POLICE-POLICY ACADEMY UNIFORM 01-210-56-00-5600 198.60 INVOICE TOTAL: 198.60 * CHECK TOTAL: 198.60 512584 GFOA GOVERNMENT FINANCE OFFICERS 0197537-11 12/15/11 01 FINANCE-FREDRICKSON GFOA 01-120-54-00-5460 170.00 02 MEMBERSHIP ** COMMENT ** INVOICE TOTAL: 170.00 CHECK TOTAL: 170.00 512585 GOLINSKI GARY GOLINSKI 010112 01/01/12 01 ADMIN-DECEMBER MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 512586 GRANDREN GRAND RENTAL STATION 15807 12/21/11 01 STREETS-AUGER RENTAL FOR 01-410 56-00-5656 39.60 _yn_ DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512586 GRANDREN GRAND RENTAL STATION 15807 12/21/11 02 BEECHER REPAIR ** COMMENT ** INVOICE TOTAL: 39.60 CHECK TOTAL: 39.60 512587 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 4155662 12/09/11 01 WATER OP-WIRE, METER WASHER, 51-510-56-00-5664 267.03 02 METER COUPLINGS ** COMMENT ** INVOICE TOTAL: 267.03 4155712 12/09/11 01 WATER OP-STRAINER SENSUS 51-510-56-00-5664 25.62 INVOICE TOTAL: 25.62 CHECK TOTAL: 292.65 512588 HILTL HILT, LARRY 122111 12/21/11 01 POLICE-NEXTEL CLIP 01-210-54-00-5440 10.69 INVOICE TOTAL: 10.69 CHECK TOTAL: 10.69 512589 ILET ILLINOIS LAW ENFORCEMENT 122911 12/29/11 01 POLICE ADMIN FEE FOR EFFECTIVE 01-210-54-00-5412 100.00 02 POLICE SUPERVISION TRAINING ** COMMENT ** INVOICE TOTAL: 100.00 CHECK TOTAL: 100.00 512590 ILSTPDAC STATE POLICE SERVICES FUND 122911 12/29/11 01 POLICE-480 HOUR BASIC TRAINING 01-210 54-00-5412 2,848.36 11 DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512590 ILSTPDAC STATE POLICE SERVICES FUND 122911 12/29/11 02 COURSE FOR 1 PERSON ** COMMENT ** INVOICE TOTAL: 2,848.36 CHECK TOTAL: 2,848.36 512591 INTEGRYS INTEGRYS ENERGY SERVICES, INC 18542026-1 12/22/11 01 WATER OP-2702 MILL ROAD 51-510-54-00-5480 1,199.67 INVOICE TOTAL: 1,199.67 * CHECK TOTAL: 1,199.67 512592 ITRON ITRON 219269 11/11/11 01 WATER OP-HOST SERVICES 51-510-56-00-5664 456.23 INVOICE TOTAL: 456.23 * CHECK TOTAL: 456.23 512593 JSHOES J'S SHOE REPAIR 8224-26 12/19/11 01 SEWER OP-BOOTS 52-520-56-00-5600 160.00 INVOICE TOTAL: 160.00 * CHECK TOTAL: 160.00 512594 JUSTSAFE JUST SAFETY, LTD 15912 12/12/11 01 ADMIN-FIRST AID SUPPLIES 01-110-56-00-5610 38.30 INVOICE TOTAL: 38.30 * CHECK TOTAL: 38.30 512595 KCACP KENDALL COUNTY ASSOCIATION DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512595 KCACP KENDALL COUNTY ASSOCIATION 060111 12/01/11 01 POLICE-ANNUAL MAJOR CRIMES 01-210-54-00-5462 1,000.00 02 TASK FORCE INSTALLMENT ** COMMENT ** INVOICE TOTAL: 1,000.00 060111-2 12/29/11 01 POLICE-ANNUAL MOBILE COMMAND 01-210-54-00-5462 500.00 02 CENTER INSTALLMENT ** COMMENT ** INVOICE TOTAL: 500.00 * 060211 12/29/11 01 POLICE-ANNUAL SRT INSTALLMENT 01-210-54-00-5462 2,000.00 INVOICE TOTAL: 2,000.00 * CHECK TOTAL: 3, 500.00 512596 KCFENCE MICHAEL PAVLIK 12986 12/19/11 01 LAND CASH BACK STOP AT 72-720-60-00-6036 12,986.00 02 RAINTREE B ** COMMENT ** INVOICE TOTAL: 12,986.00 CHECK TOTAL: 12,986.00 512597 KCPROB KENDALL COUNTY PROBATION 122111 12/21/11 01 POLICE-ANNUAL FEE FOR SERVICES 01-210-54-00-5472 2,388.69 02 PROVIDED BY KC DELINQUENCY ** COMMENT ** 03 DIVERSION SPECIALIST ** COMMENT ** INVOICE TOTAL: 2,388.69 CHECK TOTAL: 2,388.69 512598 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 122111 12/21/11 01 ADMIN-FTA FEES REIMBURSED 01-000-24-00-2412 420.00 INVOICE TOTAL: 420.00 CHECK TOTAL: 420.00 �a . DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512599 KENDTREA KENDALL COUNTY TREASURER 4-11 12/02/11 01 ADMIN-BI-ANNUAL CONTRIBUTION 01-110-54-00-5473 11, 775.00 02 FOR FY2011 ** COMMENT ** INVOICE TOTAL: 11, 775.00 CHECK TOTAL: 11, 775.00 512600 KENPRINT ANNETTE M. POWELL 18715 12/14/11 01 FINANCE-2,000 GENERAL FUND AP 01-120-56-00-5610 231.50 02 CHECKS ** COMMENT ** INVOICE TOTAL: 231.50 18733 12/21/11 01 POLICE-500 AUTHORIZATION TO 01-210-54-00-5430 96.45 02 RELEASE IMPOUNDED VEHICLE ** COMMENT ** 03 FORMS ** COMMENT ** INVOICE TOTAL: 96.45 CHECK TOTAL: 327.95 512601 LANEMUCH LANER, MUCHIN, DOMBROW, BECKER 389187 12/01/11 01 ADMIN SERVICES-GENERAL 01-640-54-00-5463 405.00 02 EMPLOYMENT MATTERS ** COMMENT ** INVOICE TOTAL: 405.00 CHECK TOTAL: 405.00 512602 MENLAND MENARDS - YORKVILLE 26595 10/19/11 01 SEWER OP-HOLE STRAPS, REFLEX 52-520-56-00-5640 25.60 02 STRIPPER, BATTERIES ** COMMENT ** INVOICE TOTAL: 25.60 42209 12/12/11 01 STREETS-PVC PIPE, HOSE BARBS, 01-410-56-00-5640 18.08 _lA- DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512602 MENLAND MENARDS - YORKVILLE 42209 12/12/11 02 PVC PLUG, PVC TEE, PVC CAP, ** COMMENT ** 03 PVC BUSHING, CLEANER, CEMENT ** COMMENT ** INVOICE TOTAL: 18.08 * 42315 12/12/11 01 STREETS-PVC CAPS 01-410-56-00-5640 0.88 INVOICE TOTAL: 0.88 * 42482 12/13/11 01 SEWER OP-SAFETY SNOW FENCE 52-520-56-00-5640 273.92 INVOICE TOTAL: 273.92 * 42515 12/13/11 01 STREETS-WING NUT PLUG, 01-410-56-00-5640 6.45 02 UNIVERSAL ADAPTER ** COMMENT ** INVOICE TOTAL: 6.45 * 42588 12/13/11 01 STREETS-PVC ELBOW 01-410-56-00-5640 1.49 INVOICE TOTAL: 1.49 * 43010 12/15/11 01 STREETS-HAND CLEANER 01-410-56-00-5620 27.77 INVOICE TOTAL: 27.77 * 43218 12/16/11 01 WATER OP-BLEACH, GARBAGE BAGS, 51-510-56-00-5638 17.21 02 FUNNEL ** COMMENT ** INVOICE TOTAL: 17.21 * 43229 12/16/11 01 STREETS-PARTS FOR BEECHER 01-410-56-00-5656 29.00 02 ROOF REPAIR ** COMMENT ** INVOICE TOTAL: 29.00 * 43308 12/16/11 01 STREETS-LOCKNUTS, REDUCING 01-410-56-00-5640 14.87 02 WASHERS, HOSE BIBBS ** COMMENT ** INVOICE TOTAL: 14.87 * 44005 12/19/11 01 STREETS-BEECHER ROOF REPAIR 01-410-56-00-5656 10.42 INVOICE TOTAL: 10.42 * _1F_ DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512602 MENLAND MENARDS - YORKVILLE 44331 12/20/11 01 WATER OP-SCREWDRIVER, BITS 51-510-56-00-5638 5.90 INVOICE TOTAL: 5.90 * 44336 12/20/11 01 STREETS-JAW VISE 01-410-56-00-5620 94.99 INVOICE TOTAL: 94.99 * 44554 12/21/11 01 STREETS-PVC PLUG, HOSE CLAMPS, 01-410-56-00-5640 24.02 02 MALE ADAPTERS, VINYL TUBING ** COMMENT ** INVOICE TOTAL: 24.02 * 44555 12/21/11 01 STREETS PARTS FOR BEECHER 01-410-56-00-5656 47.58 02 PLUMBING REPAIR ** COMMENT ** INVOICE TOTAL: 47.58 * 44644 12/21/11 01 STREETS-GLOVES 01-410-56-00-5656 2.39 INVOICE TOTAL: 2.39 * 44646 12/21/11 01 STREETS-GLOVES 01-410-56-00-5656 2.39 INVOICE TOTAL: 2.39 * 44695 12/21/11 01 STREETS-MERCHANDISE RETURN 01-410-56-00-5656 -7.90 02 CREDIT ** COMMENT ** INVOICE TOTAL: -7.90 * 44929 12/22/11 01 STREETS-PVC PIPE, PVC TEES, 01-410-56-00-5620 45.23 02 PVC CAPS, HOSE CLAMPS, SUPER ** COMMENT ** 03 GLUE, LYSOL, TOILET CLEANER, ** COMMENT ** 04 WORK GLOVES, CLEANER ** COMMENT ** INVOICE TOTAL: 45.23 CHECK TOTAL: 640.29 512603 MESIROW MESIROW INSURANCE SERVICES INC 755689 12/22/11 01 ADMIN SERVICES RENEWAL - 01-640 52-00-5231 32,957.00 _lA_ DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01110112 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512603 MESIROW MESIROW INSURANCE SERVICES INC 755689 12/22/11 02 COMMERCIAL PACKAGE ** COMMENT ** INVOICE TOTAL: 32,957.00 755707 12/22/11 01 ADMIN SERVICES-POLICY RENEWAL 01-640-52-00-5231 8,593.00 02 UMBRELLA-PRIMARY FOR JAN - APR ** COMMENT ** 03 ADMIN-POLICY RENEWAL UMBRELLA- 01-000-14-00-1400 17,186.00 04 PRIMARY FOR MAY - DEC. ** COMMENT ** INVOICE TOTAL: 25, 779.00 755714 12/22/11 01 ADMIN SERVICES-JAN. APR. 01-640-52-00-5231 6,333.36 02 SERVICE FEE ** COMMENT ** 03 ADMIN-MAY - DEC. SERVICE FEE 01-000-14-00-1400 12,666.64 INVOICE TOTAL: 19,000.00 CHECK TOTAL: 77, 736.00 512604 METLIFE METLIFE SMALL BUSINESS CENTER 121911 12/19/11 01 ADMIN SERVICES-JANUARY LIFE 01-640-52-00-5222 1,157.96 02 INSURANCE ** COMMENT ** INVOICE TOTAL: 1,157.96 * CHECK TOTAL: 1,157.96 512605 MJELECT MJ ELECTRICAL SUPPLY, INC. 105140-00 12/23/11 01 STREETS -BULB RETURNS 01-410-56-00-5640 -88.50 INVOICE TOTAL: 88.50 * 1123799-01 12/22/11 01 STREETS-BULBS 01-410-56-00-5640 15.90 INVOICE TOTAL: 15.90 * 1125680-03 12/09/11 01 STREETS-BULBS 01-410-56-00-5640 179.10 INVOICE TOTAL: 179.10 * _17_ DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512605 MJELECT MJ ELECTRICAL SUPPLY, INC. 1125787-01 12/09/11 01 STREETS-BULBS 01-410-56-00-5640 19.90 INVOICE TOTAL: 19.90 * 1125787-02 12/15/11 01 STREETS-PHOTOCONTROL 01-410-56-00-5640 25.00 INVOICE TOTAL: 25.00 * 1125855-01 12/15/11 01 STREETS-PHOTOCONTROL 01-410-56-00-5640 50.00 INVOICE TOTAL: 50.00 * 1125940-00 12/16/11 01 STREETS BULBS, PHOTOCONTROL 01-410-56-00-5640 199.50 INVOICE TOTAL: 199.50 * 1126008-00 12/20/11 01 WATER OP-FUSE 51-510-56-00-5638 22.50 INVOICE TOTAL: 22.50 * CHECK TOTAL: 423.40 512606 MOONBEAM DIANE GIANNELLI OAKLEY 144 11/08/11 01 ADMIN-NOVEMBER 8 CC MEETING 01-110-54-00-5462 50.00 INVOICE TOTAL: 50.00 * 145 11/22/11 01 ADMIN-NOVEMBER 22 CC MEETING 01-110-54-00-5462 50.00 INVOICE TOTAL: 50.00 * CHECK TOTAL: 100.00 512607 NEMRT NORTH EAST MULTI-REGIONAL 152194 12/28/11 01 POLICE-40 HOUR FIELD TRAINING 01-210-54-00-5412 230.00 02 FOR 1 PERSON ** COMMENT ** INVOICE TOTAL: 230.00 CHECK TOTAL: 230.00 DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512608 NEXTEL NEXTEL COMMUNICATIONS 837900513-118-C 12/21/11 01 COMM/DEV-MONTHLY CHARGES 01-220-54-00-5440 148.31 02 POLICE-MONTHLY CHARGES 01-210-54-00-5440 837.40 03 POLICE-CARRYING CASE 01-210-54-00-5440 31.99 04 SEWER OP-MONTHLY CHARGES 52-520-54-00-5440 127.09 05 STREETS-MONTHLY CHARGES 01-410-54-00-5440 195.42 06 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 195.77 INVOICE TOTAL: 1,535.98 CHECK TOTAL: 1,535.98 512609 NICOR NICOR GAS 07-72-09-0117 7-1211 12/21/11 01 ADMIN-1301 CAROLYN CT 01-110-54-00-5480 28.79 INVOICE TOTAL: 28.79 61-60-41 1000 9 1111 12/12/11 01 ADMIN-610 TOWER LANE 01-110-54-00-5480 201.33 INVOICE TOTAL: 201.33 83-80-00-1000 7-1111 12/13/11 01 ADMIN-610 TOWER LANE UNIT B 01-110-54-00-5480 130.34 INVOICE TOTAL: 130.34 CHECK TOTAL: 360.46 512610 NKH NKH LIFE SAFETY, LLC 6145 12/20/11 01 STREETS-LP500 ELECTRODES WITH 01-410-56-00-5656 359.00 02 CONNECTOR, BATTERY REPLACEMENT ** COMMENT ** INVOICE TOTAL: 359.00 CHECK TOTAL: 359.00 512611 OFFWORK OFFICE WORKS 198953 12/07/11 01 ADMIN-CASH REGISTER TAPE 01-110-56-00-5610 20.76 INVOICE TOTAL: 20.76 CHECK TOTAL: 20.76 _gyp_ DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 512612 OHERROND RAY O'HERRON COMPANY, INC. 0046256-IN 12/13/11 01 POLICE-4 SHIRTS 01-210-56-00-5600 157.86 INVOICE TOTAL: 157.86 CHECK TOTAL: 157.86 512613 OLSONB BART OLSON 010112 01/01/12 01 ADMIN-DECEMBER MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 512614 PATTEN PATTEN INDUSTRIES, INC. P63CO021561 12/09/11 01 WATER OP-HYDRO OIL 51-510-54-00-5495 204.12 INVOICE TOTAL: 204.12 CHECK TOTAL: 204.12 512615 PETESLPM PETE'S L.P.M. LLC 1 12/16/11 01 COMM/DEV- 6 PLUMBING 01-220-54-00-5459 240.00 02 INSPECTIONS ** COMMENT ** INVOICE TOTAL: 240.00 CHECK TOTAL: 240.00 512616 PFPETT P.E. PETTIBONE & CO. 24064 12/15/11 01 POLICE-2,500 ORDINANCE 01-210-54-00-5430 1,060.12 02 TICKETS ** COMMENT ** INVOICE TOTAL: 1,060.12 24140 12/20/11 01 POLICE-4,000 RACIAL PROFILING 01-210-54-00-5430 280.30 DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512616 PFPETT P.F. PETTIBONE & CO. 24140 12/20/11 02 STICKERS ** COMMENT ** INVOICE TOTAL: 280.30 * CHECK TOTAL: 1,340.42 512617 PHILSTOP PHIL'S TOP SOIL, INC. 26664 11/26/11 01 WATER OP-DIRT PICK-UP 51-510-56-00-5620 22.50 INVOICE TOTAL: 22.50 * CHECK TOTAL: 22.50 512618 PITNEYBO PITNEY BOWES INC 665241 12/11/11 01 ADMIN-POSTAGE MACHINE SUPPLIES 01-110-56-00-5610 125.78 INVOICE TOTAL: 125.78 * CHECK TOTAL: 125.78 512619 QUILL QUILL CORPORATION 8653649 12/13/11 01 POLICE-CODING LABELS, INK 01-210-56-00-5610 67.26 02 CARTRIDGES ** COMMENT ** INVOICE TOTAL: 67.26 * 8807693 12/20/11 01 POLICE-INK CARTRIDGES, FILE 01-210-56-00-5610 291.98 02 FOLDERS, MEMOREX SPINDLE, ** COMMENT ** 03 LYSOL WIPES ** COMMENT ** INVOICE TOTAL: 291.98 * CHECK TOTAL: 359.24 512620 RSMITS R. SMITS & SONS 121611 12/16/11 01 HEALTH & SANITATION 2011 LEAF 01-540-54-00 5443 4,320.00 -501- DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512620 REMITS R. SMITS & SONS 121611 12/16/11 02 DISPOSAL ** COMMENT ** INVOICE TOTAL: 4,320.00 CHECK TOTAL: 4,320.00 512621 SBOC SBOC 122111 12/21/11 01 COMM/DEV-ANNUAL MEMBERSHIP 01-220-54-00-5460 75.00 02 FOR SUBURBAN BUILDING ** COMMENT ** 03 OFFICIALS ** COMMENT ** INVOICE TOTAL: 75.00 CHECK TOTAL: 75.00 512622 SECSTATE SECRETARY OF STATE 120711 12/07/11 01 ADMIN-NOTARY RENEWAL 01-110-54-00-5462 10.00 INVOICE TOTAL: 10.00 CHECK TOTAL: 10.00 512623 SFBCT SWFVCTC 122111 12/21/11 01 ADMIN SERVICES-3RD QUARTER 01-640-54-00-5475 19,507.69 02 2011 SFVCTC FRANCHISE DUES ** COMMENT ** INVOICE TOTAL: 19,507.69 CHECK TOTAL: 19,507.69 512624 SHELL SHELL OIL CO. 065356230112-PD 12/13/11 01 POLICE GASOLINE 01-210-56-00-5695 4,987.77 INVOICE TOTAL: 4,987.77 CHECK TOTAL: 4,987.77 _ao_ DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512625 SOFTWARE SOFTWARE PERFORMANCE 410760 12/05/11 01 ADMIN SERVICES-TRAVEL CHARGE 01-640-54-00-5462 25.00 INVOICE TOTAL: 25.00 CHECK TOTAL: 25.00 512626 STEVENS STEVEN'S SILKSCREENING 3451 12/10/11 01 POLICE-6 COLD GEAR MANAGEMENT 01-210-56-00-5600 240.00 02 SHIRTS ** COMMENT ** INVOICE TOTAL: 240.00 CHECK TOTAL: 240.00 512627 STREICH STREICHERS I888740 12/14/11 01 POLICE--SHIRT 01-210-56-00-5600 34.98 INVOICE TOTAL: 34.98 * I888981 12/14/11 01 POLICE-SHIRT, PANTS 01-210-56-00-5600 89.98 INVOICE TOTAL: 89.98 * I891828 12/23/11 01 POLICE-SHIRT 01-210-56-00-5600 34.99 INVOICE TOTAL: 34.99 * CHECK TOTAL: 159.95 512628 UPS UNITED PARCEL SERVICE 00004296X2511 12/17/11 01 ADMIN-1 PKG. TO KFO 01-110-54-00-5452 46.40 02 WATER OP-1 PKG TO ILEPA, 1 PKG 51-510-54-00-5452 28.77 03 TO SPARLING INSTRUMENTS ** COMMENT ** INVOICE TOTAL: 75.17 CHECK TOTAL: 75.17 _77_ DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512629 VISA VISA 122711-C 12/27/11 01 ADMIN-WATER FILTER FOR FRIG 01-110-56-00-5610 42.17 02 WATER OP-COAT 51-510-56-00-5600 117.96 03 FINANCE-WEBSITE UPKEEP FEES 01-120-54-00 5462 145.95 04 ADMIN-GFOA NATIONAL CONFERENCE 01-000-14-00-1400 380.00 05 REGISTRATION FOR FINANCE ** COMMENT ** 06 DIRECTOR ** COMMENT ** 07 WATER OP-MONTHLY CABLE 51-510-56-00-5620 19.98 08 SEWER OP-MONTHLY CABLE 52-520-56-00-5620 19.98 09 STREETS-MONTHLY CABLE 01-410-56-00-5620 19.99 10 FINANCE-PUBLIC SECTOR FINANCE 01-120-54-00-5412 95.00 11 FORUM REGISTRATION ** COMMENT ** 12 ADMIN-FREP ANNUAL MEMBERSHIP 01-110-54-00-5490 100.00 INVOICE TOTAL: 941.03 CHECK TOTAL: 941.03 512630 VISA VISA 122711-C2 12/27/11 01 COMM/DEV-IPRA CONFERENCE 01-220-54-00-5412 305.00 02 REGISTRATION FOR 1 PERSON ** COMMENT ** INVOICE TOTAL: 305.00 CHECK TOTAL: 305.00 512631 VISA VISA 122711-PD 12/27/11 01 POLICE-TRAINING MEALS 01 210-54-00-5415 18.66 02 POLICE-BFPC PROMOTIONAL EXAM 01-210-54-00-5411 110.50 03 LUNCH AND ROOM ** COMMENT ** 04 POLICE-DUE RENEWAL FOR 2 FOR 01-210-54-00-5460 170.00 05 ILLINOIS ASSOCIATION OF CHIEFS ** COMMENT ** 06 OF POLICE ** COMMENT ** 07 POLICE-OPERATOR PINS 01-210-56-00-5600 113.40 08 POLICE-ARMED ROBERY VIDEO 01-210-56-00-5635 64.37 _9d_ DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512631 VISA VISA 122711-PD 12/27/11 09 TRANSFER ** COMMENT ** INVOICE TOTAL: 476.93 * CHECK TOTAL: 476.93 512632 WALDENS WALDEN'S LOCK SERVICE 12329 12/20/11 01 ADMIN-SCHLAGE THUMB TURN 01-110-56-00-5640 69.00 INVOICE TOTAL: 69.00 * CHECK TOTAL: 69.00 512633 WALZPOST WALZ GROUP, LLC 0230831-IN 11/10/11 01 ADMIN-CERTIFIED MAILERS 01-110-56-00-5610 183.28 INVOICE TOTAL: 183.28 * CHECK TOTAL: 183.28 512634 WAREHOUS WAREHOUSE DIRECT 1326063-0 10/31/11 01 ADMIN-TAPE, CALCULATOR, 01-110-56-00-5610 288.80 02 ENVELOPES ** COMMENT ** INVOICE TOTAL: 288.80 * 1326063-1 11/01/11 01 ADMIN-CALCULATOR TAPE 01-110-56-00-5610 2.57 INVOICE TOTAL: 2.57 * 1328041-0 11/02/11 01 FINANCE-XEROX PHASER 01-120-56-00-5610 9.48 02 WATER OP-XEROX PHASER 51-510-56-00-5620 127.04 03 SEWER OP-XEROX PHASER 52-520-56-00-5620 53.08 INVOICE TOTAL: 189.60 * 1328647-0 11/02/11 01 ADMIN-CALCULATOR RIBBON 01-110-56-00-5610 10.76 INVOICE TOTAL: 10.76 * -9rl_ DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 512634 WAREHOUS WAREHOUSE DIRECT 1362507 -0 12/02/11 01 FINANCE-CALENDARS 01-120-56-00-5610 16.52 02 WATER OP-CALENDAR 51-510-56-00-5620 21.14 03 SEWER OP-CALENDAR 52-520-56-00-5620 8.84 INVOICE TOTAL: 46.50 * 1371199-0 12/09/11 01 ADMIN-CALENDARS 01-110-56-00-5610 13.20 INVOICE TOTAL: 13.20 * C1326063-0 11/02/11 01 ADMIN-MERCHANDISE RETURN 01-110-56-00-5610 -257.37 02 CREDIT ** COMMENT ** INVOICE TOTAL: -257.37 * CHECK TOTAL: 294.06 512635 WATERPRO RI WATERMAN PROPERTIES 011812-26 01/01/12 01 WATER OP-GRANDE RESERVE COURT 51-510-75-00-7502 22,988.77 02 ORDER #26 ** COMMENT ** INVOICE TOTAL: 22,988.77 CHECK TOTAL: 22, 988.77 512636 YORKACE YORKVILLE ACE & RADIO SHACK 141600 12/15/11 01 SEWER OP-WATER 52-520-56-00-5640 5.98 INVOICE TOTAL: 5.98 CHECK TOTAL: 5.98 512637 YORKAREA YORKVILLE AREA CHAMBER OF 27319 12/12/11 01 ADMIN-ANNUAL MEMBERSHIP DUES 01-110-54-00-5490 2,500.00 INVOICE TOTAL: 2,500.00 CHECK TOTAL: 2,500.00 _9a_ DATE: 01/04/12 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 12:28:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/10/12 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512638 YORKCLER YORKVILLE CLERK'S ACCOUNT 150475 12/16/11 01 PW CAPITAL.-FILING OF MOWING 21-211-54-00-5462 151.00 02 LIENS ** COMMENT ** INVOICE TOTAL: 151.00 * 150499 12/19/11 01 PW CAPITAL FILING MOWING LIENS 21-211-54-00-5462 152.00 INVOICE TOTAL: 152.00 * 150691 12/28/11 01 PW CAPITAL-MOWING LIEN FILED 21-211-54-00-5462 49.00 INVOICE TOTAL: 49.00 * CHECK TOTAL: 352.00 512639 YORKECON YORKVILLE ECONOMIC DEV 4858 12/01/11 01 COMM/DEV-ANNUAL MEMBERSHIP 01-220-54-00-5486 45,000.00 INVOICE TOTAL: 45,000.00 CHECK TOTAL: 45, 000.00 512640 YORKSELF YORKVILLE SELF STORAGE, INC 122211-45 12/21/11 01 POLICE STORAGE 01-210-54-00-5485 75.00 INVOICE TOTAL: 75.00 * CHECK TOTAL: 75.00 TOTAL AMOUNT PAID: 269,293.41 _97- UNITED CITY OF YORKVILLE PAYROLL SUMMARY 1/6/2012 REGULAR OVERTIME TOTAL IMRF FICA TOTALS ADMINISTRATION $ 9,049.74 $ - $ 9,049.74 $ 872.39 $ 638.51 $ 10,560.64 FINANCE 6,406.14 - 6,406.14 646.48 504.19 7,556.81 POLICE 76,902.88 7,289.97 84,192.85 435.74 6,217.19 90,845.78 COMMUNITY DEV. 6,820.80 - 6,820.80 653.09 508.35 7,982.24 STREETS 9,688.27 - 9,688.27 933.95 718.88 11,341.10 WATER 11,168.54 265.84 11,434.38 1,102.28 840.16 13,376.82 SEWER 5,521.25 - 5,521.25 532.24 413.08 6,466.57 PARKS 13,849.55 - 13,849.55 1,349.55 1,038.47 16,237.57 RECREATION 8,447.53 - 8,447.53 809.98 606.97 9,864.48 REC. CENTER 7,728.43 - 7,728.43 254.15 598.92 8,581.50 LIBRARY 14,819.35 - 14,819.35 901.66 1,105.91 16,826.92 TOTALS $ 170,402.48 $ 7,555.81 $ 177,958.29 $ 8,491.51 $ 13,190.63 $ 199,640.43 TOTAL PAYROLL $ 199,640.43 UNITED CITY OF YORKVILLE CITY COUNCIL BILL LIST SUMMARY Tuesday, January 10, 2012 PAYROLL DATE BI-WEEKLY 1/6/2012 $199,640.43 TOTAL PAYROLL $199,640.43 ACCOUNTS PAYABLE BILLS LIST 1/10/2012 $269,293.41 MANUAL BILL LIST - YORKVILLE POST OFFICE 1/3/2012 $1 ,957.72 TOTAL BILLS PAID $271 ,251 .13 WIRE TRANSFERS IEPA WIRE TRANSFER-1-17-0130 - BILL 38/PRINCIPAL PMT 1/20/2012 $18,479.76 IEPA WIRE TRANSFER-1-17-0130 - BILL 38/INTEREST PMT 1/20/2012 $1 ,010.23 US BANK WIRE TRANSFER-IRBB 2003B DEBT CERTIFICATES 1/27/2012 $131 ,833.07 IEPA WIRE TRANSFER-1-17-1563 - BILL 10/PRINCIPAL PMT 2/6/2012 $43,065.93 IEPA WIRE TRANSFER-1-17-1563 - BILL 10/INTEREST PMT 2/6/2012 $19,449.15 TOTAL WIRE TRANSFERS $213,838.14 TOTAL DISBURSEMENTS $684,729.70 0 C/Ty Reviewed By: Agenda Item Number ` O J ;- Legal CA#2 EST. `� 1836 Finance ❑ Engineer ❑ Tracking Number Ito City Administrator ■ °°°"x°, O Consultant ❑ EDC 2012-OS -1 C-ty y` 1 CE ��,`. ❑ Agenda Item Summary Memo Title: Ordinance Renaming Wheaton Ave. to Boombah Blvd. Meeting and Date: City Council—January 10, 2012 Synopsis: Council Action Previously Taken: Date of Action: EDC 1/3/12 Action Taken: EDC recommends approval. Item Number: EDC 2012-05 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Ordinance No. 2012- ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, RENAMING WHEATON AVENUE TO BOOMBAH BOULEVARD WHEREAS, the United City of Yorkville, Kendall County, Illinois, is a non-home-rule municipality pursuant to the Illinois Municipal Code and Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 511-1-1, et seq., (the "Code") as from time to time amended, and more specifically, Sec. 8-11-20 (the "Act"), the Corporate Authorities are empowered to enter into economic incentive agreements or redevelopment agreements relating to the development of property or improvements to properties within the City's corporate limits; and, WHEREAS, Boombah of Morris, Illinois, a manufacturer of customized sports apparel, footwear, uniforms and accessories, approached the City to propose that it acquire property located west of Route 47, north of Cannonball Trail on Wheaton Avenue (the "Subject Property") and relocate its distribution center to this location (the "Project") on the condition that the City provides certain incentives to induce it to proceed with this major undertaking; and, WHEREAS, pursuant to Ordinance 2011-64, the Mayor and City Council (the "Corporate Authorities) approved a Redevelopment Agreement whereby Boombah was granted certain incentives in the event Boombah proceeded with the Project at the Subject Property including a commitment to rename Wheaton Avenue to Boombah Boulevard. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: 1 Section L That the foregoing preambles are hereby incorporated in this Ordinance as if fully restated herein. Section 2. That street now known as "Wheaton Avenue" from Route 47 to Caledonia Street is hereby renamed to Boombah Boulevard. Section 3. This Ordinance shall be in full force and effect immediately upon its passage by the Mayor and City Council and approval as provided by law. United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2012. CHRIS FUNKHOUSER GEORGE T. GILSON, JR. CARLO COLOSIMO DIANE TEELING JACKIE MILSCHEWSKI MARTY MUNNS ROSE SPEARS LARRY KOT APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of ,A.D. 2012. Mayor Attest: City Clerk 2 O,�ED CO. Reviewed By: Agenda Item Number J� p Q Legal ❑ CA#3 EST. 1836 Finance ❑ Engineer ❑ Tracking Number -o< City Administrator ❑ �® Consultant ❑ PS 2012-02 a � Chief of Police Agenda Item Summary Memo Title: Request to Dispose Vehicles Meeting and Date: City Council/January 10, 2012 Synopsis: Police Department requesting to dispose department and seized vehicles. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Chief Richard Hart Police Name Department Agenda Item Notes: y Yorkville Police Department Memorandum 0 804 Game Farm Road R�c Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 i Date: December 19, 2011 To: Public Safety Committee From: Chief Richard Hart Reference: Request to Dispose Vehicles Public Safety Committee Members, The following is a request to dispose/sell vehicles. These vehicles are either department vehicles that are no longer operable, or seized vehicles that cannot be used as department vehicles. # Description Last 4 of VIN M1 2006 Dodge Charger 1142 M10 2006 Chevy Impala 6611 ° M14 2003 Ford Crown Vic 9357 Art 36 2002 Ford F150 7142 Art 36 1996 Oldsmobile 88 2215 All of these vehicles are in excess of 100,000, and past their useful life expectancy. `,�O-D Co.� Reviewed By: Agenda Item Number J, 4 - ' 0-0 Legal CA#4 Finance ❑ EST. �� ,� � 1836 Engineer ❑ Tracking Number City Administrator ■ p Comm. Dev. Director ❑ Krn� �,N PW 2011-57 Chief of Police ■ Agenda Item Summary Memo Title: Minimum Fines for Ordinance Violations Meeting and Date: City Council—January 10, 2012 Synopsis: Council Action Previously Taken: Date of Action: PS 1/5/12 Action Taken: Forward to City Council for approval. Item Number: PW 2011-57 Type of Vote Required: Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: This item was initiated by the Public Works Committee to address fines for weed violations. The attached ordinance addresses minimum fines for all ordinance violations, including weeds, and is a red-line copy depicting all changes made to the original draft. Ordinance No.201-i2- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,ESTABLISHING MINIMUM FINES FOR ORDINANCE VIOLATIONS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State;and, WHEREAS,pursuant to Section 5/1-2-1 of the Illinois Municipal Code(65 IL,CS Field code changed • - - - ------------------------------- -------------- ---- 5/1-2-1) the City may make all rules and regulations proper or necessary to carry into effect the powers granted to the City with such fines or penalties as may be deemed proper. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville,Kendall County,Illinois,as follows: Section 1. •That Title 1 Chapter 4, Section 1-4-1 of the Yorkville City Code, as ( Field Code Changed -- - - - --------------------------------- amended,be and is hereby amended to read as follows: "1-4-1 GENERAL PENALTY A. Whenever in this code an act or omission is prohibited or declared to be unlawful or an offense or a violation of this code,or whenever in this code the doing of an act is required or the failure is declared to be unlawful or an offense or a violation of this code,where no specific penalty is provided therefor,the violation of any such provision of this code is hereby declared to be an offense and shall be punishable by a fine of not less than seventy fivefiftseventy-five dollars($75.0050.0075.00)and not to exceed seven hundred fifty dollars($750.00). Each day any violation of any provision of this code or of any ordinance shall continue shall constitute a separate offense. B. The minimum and maximum monetary penalty for violations of the following code sections or offenses shall be as follows: Code Section Description of Violation Penalty 5-3-10 Retail Theft $100-$300 First offense $200-$600 Second offense $300-$750 Subsequent offense 2.5g Cannabis $100-$300 First offense $200-$600 Second offense $300-$750 Subsequent offense 5-3-5/26-1 Disorderly Conduct $100-$300 First offense $200-$600 Second offense $300-$750 Subsequent offense 5-4-1(A)and(B) Curfew $100-$300 First offense $200-$600 Second offense $300-$750 Subsequent offense 5-3-600/3 and 13.5 Drug Paraphernalia $100-$300 First offense $200-$600 Second offense $300-$750 Subsequent offense 5-3-12 Public urination or $2504-00-$500399 First offense defecation $500289-$750609 Second offense $-180—$750 Subsequent offense Weeds,Grasses,Plants or x;100 $750 per lot per day Vegetation A second or subsequent offense shall be when committed within 12 months of a prior offense" Section 2. This Ordinance shall be in full force and effect upon its passage, approval,and publication as provided by law. Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of ,A.D.201: . 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 20124-. MAYOR Ordinance No. 2012- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, ESTABLISHING MINIMUM FINES FOR ORDINANCE VIOLATIONS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 5/1-2-1 of the Illinois Municipal Code (65 ILCS 5/1-2-1) the City may make all rules and regulations proper or necessary to carry into effect the powers granted to the City with such fines or penalties as may be deemed proper. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 1, Chapter 4, Section 1-4-1 of the Yorkville City Code, as amended, be and is hereby amended to read as follows: "1-4-1 GENERAL PENALTY A. Whenever in this code an act or omission is prohibited or declared to be unlawful or an offense or a violation of this code, or whenever in this code the doing of an act is required or the failure is declared to be unlawful or an offense or a violation of this code, where no specific penalty is provided therefor, the violation of any such provision of this code is hereby declared to be an offense and shall be punishable by a fine of not less than seventy-five dollars ($75.00) and not to exceed seven hundred fifty dollars ($750.00). Each day any violation of any provision of this code or of any ordinance shall continue shall constitute a separate offense. B. The minimum and maximum monetary penalty for violations of the following code sections or offenses shall be as follows: Code Section Description of Violation Penalty 5-3-10 Retail Theft $100 - $300 First offense $200 - $600 Second offense $300 - $750 Subsequent offense 2.5g Cannabis $100 - $300 First offense $200 - $600 Second offense $300 - $750 Subsequent offense 5-3-5/26-1 Disorderly Conduct $100 - $300 First offense $200 - $600 Second offense $300 - $750 Subsequent offense 5-4-1(A) and (B) Curfew $100 - $300 First offense $200 - $600 Second offense $300 - $750 Subsequent offense 5-3-600/3 and 13.5 Drug Paraphernalia $100 - $300 First offense $200 - $600 Second offense $300 - $750 Subsequent offense 5-3-12 Public urination or $250 - $500 First offense defecation $500 - $750 Second offense $750 Subsequent offense 4-1-5-(B)7(b) Weeds, Grasses, Plants or $100 - $750 per lot per day Vegetation A second or subsequent offense shall be when committed within 12 months of a prior offense" Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2012. CITY CLERK ROSE ANN SPEARS DIANE TEELING 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 0 Co. Reviewed By: Agenda Item Number J� 0 - 0'� Legal ❑ Minutes #1 1 Finance ❑ esr. ,, , leas Engineer ❑ ��-- g Tracking Number °< City Administrator ❑ °°"' �°a' �� Consultant ❑ CC 2012-02 KuMiell C°urty dC�.E ���. ❑ Agenda Item Summary Memo Title: Minutes of the City Council—December 13, 2011 Meeting and Date: City Council 1/10/12 Synopsis: Approval of minutes. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: City Clerk Warren Name Department Agenda Item Notes: DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,DECEMBER 13,2011 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 11 Milschewski Present Kot Present Ward III Munns Absent Funkhouser Present Ward IV Spears Present Teeling Present(arrived at 7:02) Also present: City Clerk Warren,City Treasurer Powell,City Attorney Orr,City Administrator Olson, Deputy Chief of Police Hilt,Finance Director Fredrickson,EEI Engineer Freeman,Director of Park and Recreation Schraw QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. PUBLIC HEARINGS Grande Reserve Amended Annexation Agreement and Planned United Development Agreement (PC 2011-11) Mayor Golinski opened the public hearing.The public hearing was continued to the next City Council meeting December 27,2011. CITIZEN COMMENTS Jesus Alaniz,Colonial Parkway,addressed the City Council(see attached). Lynn Dubajic,YEDC,discussed the Kennedy Road bike trails and the possibility of creating a not for profit organization to raise the funds needed to finish the 3 mile bike path on Kennedy Road. Amy Cesich,Raintree Village,discussed the Rec Center's lease agreement that she is not in favor of,and the e-mail from Alderman Gilson.She asks the Council to have the mind set of keeping the Rec Center. Walt Stegner,Wildwood 11,is not in favor of leasing the Rec Center.He would like to privatize the Rec Center.He encourages the Council to vote against it.He suggested the rec program could use the Schools. Fred DuSell,River Edge,stated the City of Yorkville should not be competing with private enterprise in regards to the Rec Center,for that is inappropriate. Dane Lane,Heartland,discussed the Rec Center's programs for children.Rec programs bring citizens into communities.Some residents cannot afford a private facility.Give our town a viable Rec Center. Jesus Alaniz,Colonial Parkway,addressed the City Council for a second time(see attached). CONSENT AGENDA 1. Bills for Approval-$1,892,801.73(CC 2011-130) 2. Rush-Copley Phase I—Letter of Credit Reduction—authorize reduction to Old Second Bank letter of credit#2897 in an amount not to exceed$149,804.42,subject to verification that the developer has no outstanding debt owed to the City for this project(PW 2011-60) Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Spears;seconded by Alderman Gilson. The Minutes of the Reeular Meeting of the City Council—December 13,2011—Page 2 of 7 Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Milsehewski-aye,Spears-aye, Funkhouser-aye,Gilson-aye,Teeling-aye,Kot-aye MINUTES FOR APPROVAL Minutes of the City Council—November 22,2011 (CC 2011-131) Mayor Golinski entertained a motion to approve the minutes of the regular City Council for November 22,2011 as presented.So moved by Alderman Spears;seconded by Alderman Funkhouser. Alderman Gilson page 4,2nd paragraph,should state pensions are sufficiently funded compared to other surrounding cities.Alderman Milschewski page 3 questioned the word incidental.Alderman Funkhouser page 3,his comments to the City's Insurance Renewals added.Page 3,5th section,should say they come down and focus on the City's bottom line.Page 3,should state building costs.Page 4,4th full paragraph, 4th line from the bottom,instead of saying$400,000 it should be for$100,000. Amendments approved unanimously by a viva voce vote REPORTS MAYOR'S REPORT Ordinance 2011-79 for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1,2012 and Ending April 30,2013 for the United City of Yorkville (ADM 2011-56) Mayor Golinski entertained a motion to approve an ordinance for the Levy and assessment of taxes for the fiscal year beginning May 1,2012 and ending April 30,2013 and authorize the Mayor and City Clerk to execute.So moved by Alderman Funkhouser;seconded by Alderman Teeling. City Attorney Orr explained the reason for the re-vote.She stated upon further review it is the majority of Aldermen and Mayor then holding office.Her initial interpretation were all those present and voting.By state statute it is all elected including the Mayor.The Council would need a vote of five which is a majority of all in office. Alderman Spears wanted this ordinance amended to reduce it further.She doesn't believe the City should ask for the Majority but feels this should be voted on if amended and passed.If the Council amends it more,she would be forced to vote.Alderman Gilson agrees with Alderman Spears to reduce the ordinance further.He suggests making the tax levy the same as last years.If that happens,he will vote yes,otherwise he is against it.Alderman Colosimo agrees the Council has to pass the tax levy today,yet doesn't want to pass it at the same rate as last year.Properties have come onto the tax rolls.If the City taxes at the same rate as last year the City is actually reducing taxes,which it can't afford to do.To take something proportional would be fine.Alderman Teeling said the City needs to ask for this amount. Mayor Golinski stated the City's tax rate is going down about 30%and the City does have a negative fund balance.Mayor Golinski stated$200 is real money and the City can't control what other taxing bodies do.The Council must do what is best for Yorkville.Alderman Kot believes reducing the tax rate by 30%is a great example to set.The pension issues must be addressed now.He can support what Alderman Colosimo is saying if the Council can come up with a number.Alderman Funkhouser stated the City has made a cut from what the max cap is.It is a step in the right direction.Alderman Gilson is not against funding the police pension.The City needs to spend money on necessities.Alderman Spears stated some of the Council members are considering cutting fees to attract new development coming into Yorkville.She believes that is the wrong message to be sending to its current residents. City Attorney Orr stated Alderman Spears's motion is to reduce what is before the city Council by another approximate$50,000.City Administrator Olson stated the motion would be for$3.5 million flat.City Attorney Orr stated that the second motion to be made to reduce the total Levy to$3.5 million;seconded by Alderman Colosimo. Mayor Golinski stated roll call on the amendment. Motion approved by a roll call vote. Ayes-5 Nays-3 Kot-aye,Colosimo-aye,Spears-aye,Milschewski-aye, Gilson-nay,Teeling-nay,Funkhouser-nay,Mayor Golinski-aye City Attorney Orr stated the amendment passes. Mayor Golinski stated now the City Council will vote on the main motion as amended. Motion approved by a roll call vote. Ayes-6 Nays-I Milschewski-aye,Gilson-nay,Teeling-aye, Funkhouser-aye,Kot-aye,Colosimo-aye,Spears-aye, The Minutes of the Regular Meeting of the City Council—December 13 2011—Page 3 of 7 Ordinance 2011-80 Providing for the Submission to the Electors of the United City of Yorkville,Kendall County,the Public Question Whether the City Should Have the Authority under the Illinois Power Agency Act and Public Act 96-176 to Arrange for the Supply of Electricity for its Residential and Small Commercial Retail Customers Who Have Not Opted Out of Such Program (ADM 2011-49) Mayor Golinski entertained a motion to reconsider an ordinance providing for the submission to the electors of the United city of Yorkville,Kendall County,the public question whether the city should have the authority under the Illinois Power Agency Act and Public Act 96—176 to arrange for the supply of electricity for its residential and small commercial retail customers who have not opted out of such program.So moved by Alderman Colosimo;seconded by Alderman Gilson. Alderman Colosimo explained why he moved on this ordinance..He was one of two people who voted no the last time.He does not believe it is right for one or two Council members to have the authority to override the remainder of the Council who voted in favor of it.It is the will of the people.He is going to vote no.City Attorney Orr stated two votes are needed;one on the motion to reconsider and then a regular vote.Alderman Milschewski asked if the referendum costs the City.City Administrator Olson stated there is no cost to put it on the ballot. Mayor Golinski asked for a roll call vote on a motion to reconsider the ordinance. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Spears-aye,Milschewski-aye Gilson-aye,Teeling-aye,Funkhouser-aye,Kot-aye Mayor Golinski stated so we will reconsider that ordinance. Mayor Golinski entertained a motion to approve an ordinance providing for the submission to the electors of the United City of Yorkville,Kendall County,the public question whether the city should have the authority under the Illinois Power Agency Act and Public Act 96—176 to arrange for the supply of electricity for its residential and small commercial retail customers who have not opted out of such program and authorize the Mayor and City Clerk to execute.So moved by Alderman Funkhouser; seconded by Alderman Kot. Alderman Colosimo is still going to vote no for this.Alderman Funkhouser agrees with Alderman Colosimo.Alderman Gilson believes this is a good thing and citizens can opt out if they choose to do so. Motion approved by a roll call vote. Ayes-5 Nays-2 Gilson-aye,Teeling-aye,Funkhouser-nay,Kot-aye, Colosimo-nay,Spears-aye,Milschewski-aye City Attorney Orr stated the vote is fine and it does pass. Ordinance 2011-81 for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1,2012 and Ending April 30,2013 for Special Service Area Number 2004-201(Fox Hill) Mayor Golinski entertained a motion to approve an ordinance for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1,2012 and Ending April 30,2013 for Special Service Area Number 2004-201 (Fox Hill)and authorize the Mayor and city clerk to execute.So moved by Alderman Spears;seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-7 Nays-0 Teeling-aye,Gilson-aye,Kot-aye,Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye Ordinance 2011-82 for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1,2012 and Ending April 30,2013 for Special Service Area Number 2006-119(Sunflower Estates) (CC 2011-133) Mayor Golinski entertained a motion to approve an ordinance for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1,2012 and Ending April 30,2013 for Special Service Area Number 2006-119(Sunflower Estates)and authorize the Mayor and city clerk to execute.So moved by Alderman Colosimo;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Gilson-aye,Kot-aye,Spears-aye,Colosimo-aye, Funkhouser-aye,Milschewski-aye,Teeling-aye The Minutes of the Regular Meeting of the City Council—December 13,2011—Page 4 of 7 Kendall County Request for Waiver of Sewer Hook-up Fees (EDC 2011 48) Mayor Golinski entertained a motion to approve a sewer connection fee waiver for the Kendall County Highway Department maintenance building located at 6780 Route 47.So moved by Alderman Funkhouser;seconded by Alderman Milschewski. Mayor Golinski stated EDC's meeting was canceled so it came straight to Council.Alderman Colosimo is voting no.Yorkville got a double taxation upon residents of this municipality,Oswego,and Plano for their 911 services.Now they don't want to pay the$2000 hookup fee for the City for their building.He hopes relations can improve in the future.Alderman Gilson agrees with Alderman Colosimo.Alderman Funkhouser does not want to establish a new policy or reduce their fees.Mayor Golinski stated this is purely a policy decision.Yorkville will possibly need their help down the road.Alderman Spears stated whether it is county or Yorkville money,collectively it is the City's money.The Council is ruining any kind of future relationship.She is voting in favor of this.Mayor Golinski stated it is all tax money.They are being forced by the EPA.He is in favor of this. Motion approved by a roll call vote. Ayes-4 Nays-3 Kot-aye,Spears-aye,Colosimo-nay,Funkhouser-nay, Milschewski-aye,Teeling-aye,Gilson-nay City Attorney Orr stated that since this is a resolution and not an ordinance that it does pass. PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Residential Solid Waste Franchise Agreement (PW 2011-39) A motion was made by Alderman Spears to approve the form of the RFP to be used for soliciting proposals from waste haulers for the City's solid waste refuse collection program from May 1,2012 through April 30,2017;seconded by Alderman Gilson. City Administrator Olson requested to table this item for two weeks to talk to other municipalities in the area. Alderman Colosimo made a motion to move to table the residential solid waste franchise agreement RFP until the next city Council meeting;Seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Gilson-aye,Kot-aye Ordinance 2011-83 Abating Special Service Area Taxes for Special Service Area Number 2005-108(Autumn Creek Project)and Approving the Amended Special Tax Role (ADM 2011-67) A motion was made by Alderman Spears to approve an ordinance abating special service area taxes for special service area number 2005—108 Autumn Creek project and approving the amendment special tax row and authorize the Mayor and city clerk to execute;seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Colosimo-aye,Funkhouser-aye, Milschewski-aye,Teeling-aye,Gilson-aye,Kot-aye PARK BOARD Resolution Approving a Revised Vendors in the Park Policy (CC 2011-134) Mayor Golinski entertained a motion to approve a resolution approving a revised vendors in the park policy and authorize the Mayor and city clerk to execute.So moved by Alderman Teeling;seconded by Alderman Milschewski. The Minutes of the Regular Meeting of the Citv Council—December 13 2011—Page 5 of 7 Alderman Gilson asked about fees.Director of Park and Recreation Schraw stated this policy has been completely revised from the 1998 copy that was in the packet.That fee was$200 and this is a different fee schedule.She stated it was$200 so the new fees are more per the request of the Park Board,and listed some revisions.The new fee schedule lists out more specifics.The previous agreement was very vague. Alderman Gilson asked what the Whitewater revision was and she stated that the vendors cannot vend on the concrete walkway for they need to be kept open.Alderman Gilson asked if there could be a potential loss of vendors.She did not think that was an issue.Alderman Colosimo stated it is a significant jump whether in category A or category B for the Park permit.If the City's concern is the three standing businesses at Riverfront Park then is there a way to structure this where maybe it is a higher permit fee for Riverfront Park.Other parks where there is no standing business do not necessarily have to increased permits across the board,do they?Director of Park and Recreation Schraw said that is an option. Alderman Funkhouser discussed town Square Park.He assumes it was not listed for it did not meet the 5 acre requirement.This is a specialty Park the City has allowed vending services into.Should the City change tolerances and reduce the 5 acres so this can be done in other parks.Director of Park and Recreation Schraw stated it can be changed so it specifies parks,but should not be open to every Park. Motion failed by a roll call vote. Ayes-3 Nays-4 Colosimo-nay,Funkhouser-nay,Milschewski-aye,Teeling-aye, Gilson-nay,Kot-aye,Spears-nay Resolution Approving a Revised Park Rental and Use Policy (CC 2011-135) Mayor Golinski entertained a motion to approve a resolution approving a revised park rental and use property and authorize the Mayor and city clerk to execute.So moved by Alderman Spears;seconded by Alderman Colosimo. Alderman Spears received several phone calls about renting our Parks for Yorkville Youth baseball. Mayor Golinski stated in house pays$5 per game and travel teams pay$19 per game.There is a fee to hold tournaments and rent that to outside organizations.Alderman Spears asked who selects where each team gets to play.City Administrator Olson gave a history of the Yorkville Youth Baseball services. Yorkville does have priority.The City has tried to stick each team with the same field and the same timeslot throughout the season.Baseball agreements have worked very well the last few years.Director of Park and Recreation Schraw recommended tabling this issue. Alderman Colosimo made a motion to table this issue back to the Park Board;seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye,Milschewski-aye,Teeling-aye, Gilson-aye,Kot-aye,Spears-aye,Colosimo-aye PLAN COMMISSION No report. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT REC Center Lease Renewal (CC 2011-136) Mayor Golinski entertained a motion to renew the rec center lease agreement.So moved by Alderman Colosimo;seconded by Alderman Funkhouser. Alderman Gilson stated his e-mail was factual.This lease is not favorable and will lead to continued deficit.He will vote no.Alderman Kot,Teeling,Milschewski,Colosimo,and Funkhouser all feel that the rec program is needed,but are not in favor of this lease.The City has 18 months to figure out how to handle the recreation services.Alderman Spears stated she was the leading opponent of leasing the rec center back in 2007.She opposed it for the terms of the lease were ridiculous.She recommends the City cancels the road study and gets the hundred thousand dollars from that.Mayor Golinski stated the Council is only voting on the lease.It sounds like it will be shot down,and so the City will continue to operate the facility until June of 2013.The Council will be debating this over the next several months out in the open. Residents will have ample opportunity to comment. Motion failed by a roll call vote. Ayes-0 Nays-7 Spears-nay,Milschewski-nay,Gilson-nay,Teeling-nay, Funkhouser-nay,Kot-nay,Colosimo-nay The Minutes of the Regular Meeting of the City Council—December 13,2011—Page 6 of 7 CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY&LIAISON REPORT YBSD Alderman Gilson attended the YBSD meeting December 12 at 5:30 PM.A presentation was given about the removal of the B1ackBer y Creek and Dam.Removal of the restoration components of the dam and design of the bridge was discussed.For the removal the City needs a sponsorship agreement,a project plan,the IDOT bridge project,and a permit,land rights,construction,operation,and maintenance.The YBSD received a letter that if the dam is not removed then the YBSD would have to bring aspects of the dam into compliance.Anything above and beyond standard construction,the City would pay the cost and the construction time.Phase 1 is I DNR and City forces,21 DOT contractors,3 and 4 there will be I DNR contractor.Players involved are Yorkville,the YBSD,the IEPA,the Army Corps of Engineers,and the IDNR.The YBSD would give the rights to the City of Yorkville to operate and maintain the area as well as restore.All permit applications would go in under the City.The City would maintain flood insurance eligibility.The City has sites in mind for potential disposal of sediment.In November 2011,evaluate the removal and stabilization measures,December complete agreement permits and drop structures,January 2012 sign agreement,February starts construction for phase 1,April completes phase 1,May IDOT approval for phase 2,June phase 2 bid letting,bridge construction installs bypass,dropped structure during bridge replacement,and August begin construction.Contract is to end June of 2013.Approval of agreement of Dam will be on the YBSD January agenda.If construction begins before March 19 they can continue construction regardless of these nationwide 27 permits.That is the dam removal information. They approved the minutes,accepted all their goods and services utilities,approved several motions,and set a five-minute public comment maximum at that meeting.There were other general issues. Library Board Alderman Colosimo stated the library board wanted to relay their thanks to the city that assisted them in putting up their decorations for the Christmas holidays. School Board Report Alderman Funkhouser had a school board report from November 28 and December 12.Principles presented school improvement plans,which had different approaches yet the goals are similar.The district is upgrading its student management system.This is an approximate cost of$73 per student. Water Main Breaks Mayor Golinski stated on December 6,2011 the School district had two water main breaks in the morning,which were repaired before lunch.There was no loss of service.Dr.Wakeley,the school's superintendent,sent a letter that was read by Mayor Golinski(see attached). STAFF REPORT No report. ADDITIONAL BUSINESS Birthdays Alderman Spears wanted to thank George Gilson,Jr.for sitting through the City Council meeting and wish him a happy birthday.The Mayor wished Alderman Milschewski a happy birthday. Point of Order Question Mr.DuSell had a question on a point of order in regards to the school district issues being discussed at a City Council meeting.He believes it is a conflict.Alderman Colosimo stated that the Council is not taking any action on it,so he does not believe it is a violation.Mr.DuSell stated it is not on the agenda and it is two different taxing bodies.City Administrator Olson stated the Council is reporting on other governmental entities doings.The City Council assigns liaisons to go to meetings and they report back. That is standard practice.Mr.DuSell disagrees. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of: 1. For collective negotiating matters between the public body and its employees or their representatives,or deliberations concerning salary schedules for one or more classes of employees. 2. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal,or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.So moved by Alderman Colosimo; seconded by Alderman Funkhouser. The Minutes of the Regular Meeting of the City Council—December 13.2011—Page 7 of 7 Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Milschewski-aye,Colosimo-aye, Kot-aye,Teeling-aye,Gilson-aye,Funkhouser-aye The City Council entered Executive Session at 9:04 p.m. The City Council returned to regular session at 9:24 p.m. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Funkhouser; seconded by Alderman Milschewski. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:25 p.m. Minutes submitted by: Beth Warren, City Clerk,City of Yorkville,Illinois `,C'sD C/Ty Reviewed By: Agenda Item Number O Legal ❑ Minutes #2 EST. 1836 Finance El Engineer El Tracking Number City Administrator ❑ O ,.l -% °°-p—, `0 Consultant ❑ K-11 C CC 2012-03 ounty F-1�t.E Agenda Item Summary Memo Title: Minutes of the City Council—December 27, 2011 Meeting and Date: City Council 1/10/12 Synopsis: Approval of minutes. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: City Clerk Warren Name Department Agenda Item Notes: DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,DECEMBER 27,2011 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 Absent 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,Finance Director Fredrickson,EEI Engineer Sanderson,Community Development Director Barksdale-Noble,and Executive Director of the Y.E.D.C.Dubajic QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS Swearing in of Patrol Officer Sara Gerlach Mayor Golinski swore in Patrol Officer Sara Gerlach. PUBLIC HEARINGS Grande Reserve Amended Annexation Agreement and Planned Unit Development Agreement (PC 2011-11) Mayor Golinski opened the public hearing.So moved by Alderman Colosimo;seconded by Alderman Funkhouser.Mayor Golinski closed the public hearing.This will come back in two weeks for a vote. Please see attached Report of Proceedings from Depo Court Reporting Service for the transcription of the public hearing. CITIZEN COMMENTS Richard Slocum,25b Senatorial District,wanted to let the citizens of Yorkville know his qualifications and plans for running for Senate. Lynn Dubajic,YEDC,wanted to provide an update of the Kennedy Road bike path.The formal organization has been applied for.The organization is called Push for the Path.A website is reserved.The 3 officers of the corporation are John Hammond,owner of Wheatland Title,Lynn Dubajic,and Maureen Sharp,local realtor.She is confident they will be able to fulfill their promise to raise these dollars. Jesus Alaniz,Colonial Parkway,addressed the City Council(see attached). CONSENT AGENDA 1. Bills for Approval-$773,835.25(CC 2011-137) 2. Monthly Treasurer's Report for November 2011 (ADM 2011-70) 3. Bond Abatement Ordinances(ADM 2011-72) a. Ordinance 2011-84 to Abate$3,525,000 General Obligation Bonds(Alternate Revenue Source,Series 2005(Countryside TIF)—authorize Mayor and City Clerk to execute b. Ordinance 2011-85 to Abate$2,000,000 General Obligation Bonds(Alternate Revenue Source,Series 2005C(Waterworks and Sewer)—authorize Mayor and City Clerk to execute The Minutes of the Regular Meeting of the Citv Council—December 27,2011—Page 2 of 5 c. Ordinance 2011-86 to Abate$625,000 General Obligation Bonds(Alternate Revenue Source),Series 2002(Fox Industrial)—authorize Mayor and City Clerk to execute 4. Series 2005D and 2008 Bond Abatement Ordinances(CC 2011-138) a. Ordinance 2011-87 Abating the Tax Hereto Levied for the Years 2011 through 2014 to Pay the Principal of and Interest on the$11,300,000 General Obligation Bonds(Alternate Revenue Source),Series 2005D(Rob Roy Creek)—authorize Mayor and City Clerk to execute b. Ordinance 2011-88 Abating the Tax Hereto Levied for the Years 2011 through 2016 to Pay the Principal of and Interest on the$2,020,000 General Obligation Bonds(Alternate Revenue Source),Series 2008(Refinance Rob Roy Creek)—authorize Mayor and City Clerk to execute Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Spears;seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Milschewski-aye,Spears-aye, Munns-aye,Funkhouser-aye,Teeling-aye,Kot-aye MINUTES FOR APPROVAL None. REPORTS MAYOR'S REPORT Resolution 2011-29 Acknowledging Satisfaction of Development Agreement (Reserve at the Fox River Apartments) (CC 2011-139) Mayor Golinski entertained a motion to approve a resolution acknowledging satisfaction of a development Agreement(Reserve at the Fox River Apartments)and authorize the Mayor and City Clerk to Execute.So moved by Alderman Spears;seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Kot-aye,Munns-aye Grant of Permanent Fire Hydrant Easement Acceptance—213 S.Bridge Street (PW 2011-72) Mayor Golinski entertained a motion to approve a grant of permanent Fire Hydrant Easement agreement between Bridge Street Plaza and the United City of Yorkville for 213 S.Bridge Street and authorize the Mayor and City Clerk to Execute.So moved by Alderman Spears;seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Colosimo-aye,Funkhouser-aye, Milschewski-aye,Teeling-aye,Kot-aye,Munns-aye Raging Waves (PW 2011-76) Letter of Credit Reduction Mayor Golinski entertained a motion to authorize a reduction to the Commercia bank letter of credit number 628335-04 in an amount not to exceed$328,925.02 subject to verification that the developer has no outstanding debt owed to the City for this project.So moved by Alderman Funkhouser;seconded by Alderman Munns. Alderman Colosimo stated he is not happy about this but will be voting for it.This is the perfect example of if the City rushed to vote then sooner or later the City pays on the back end.The City needs to support our local business to make sure they remain in Yorkville. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Kot-aye,Munns-aye,Spears-aye Ordinance 2011-89 Amending Requirements for Improvement Securities Mayor Golinski entertained a motion to approve an ordinance amending requirements for improvement securities 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 Citv Council—December 27,2011—Page 3 of 5 Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye Spears-aye,Colosimo-aye,Funkhouser-aye, Milschewski-aye,Teeling-aye,Kot-aye Grande Reserve Request for Letter of Credit Reduction (PW 2011-68) Mayor Golinski entertained a motion to authorize reductions to letter of credit#5587587 in the amount not to exceed$8,680.85,letter of credit#S587890 in the amount not to exceed$142,222.03,letter of credit#5587891 in the amount not to exceed$161,207.87,letter of credit#S591707 in the amount not to exceed$66,282.54,letter of credit#5591705 in the amount not to exceed$89,053.63,letter of credit #S591367 in the amount not to exceed$294,439.77,letter of credit#5598664 in the amount not to exceed $251,770.79,letter of credit#5594383 in the amount not to exceed$52,907.87,letter of credit#5594384 in the amount not to exceed$53,265.94 subject to verification that developer has no outstanding debt owed to the City for this project.So moved by Alderman Colosimo;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye,Milschewski-aye,Teeling-aye, Kot-aye,Munns-aye,Spears-aye,Colosimo-aye PUBLIC WORKS COMMITTEE REPORT Kennedy Road Shared Use Path-ITEP Bike Path Grant (PW 2011-65) A motion was made by Alderman Milschewski to accept the ITEP bike path grant on Kennedy Road shared use path;seconded by Alderman Munns. A motion was made by Alderman Colosimo to table Public Works 2011-39 to the Public Works Committee at the next January meeting;seconded by Alderman Spears Motion failed by a roll call vote. Ayes-3 Nays-4 Teeling-nay,Kot-aye,Munns-nay,Spears-aye, Colosimo-aye,Funkhouser-nay,Milschewski-nay City Attorney Orr stated that motion to table did not pass. Alderman Gilson stated now back to the original motion. Alderman Colosimo stated what ends up on a City Council agenda is based on Yorkville's governing ordinance rules.The Mayor has unilateral authority to put anything on the Mayor's report.It can come out of committee by a majority vote.It can be put on the agenda by four sitting Alderman.Yet none of these three things occurred.How do things just show up on the agenda?If one person has unilateral authority to put items on the agenda then why are there committees and ordinance rules?City Administrator Olson looked at the precedent and ramifications of allowing three Alderman albeit the majority of the committee potentially outweighing the majority of the Council.He doesn't know how the votes are going to go,but can anticipate it will be voted down based on the negative recommendation.He wanted that formally to occur before he sent the letter off to IDOT.He didn't think the Council would want him to create an obligation and ship off the letter to IDOT that says Yorkville rejects this grant based on a committee vote.He was asking for direction to come for the entire Council on something that the Council previously authorized the City to do.That is the reason he decided to request it to move forward so he could get final recommendation.Alderman Colosimo stated if we're going to bring subjects out to discuss as a whole then Council members are wasting time with committees.If a vote is not appreciated in committee and then it is going to end up in front of the Council,then the Council might as well go to every Tuesday and alternate committees of the whole and be done with it.City Administrator Olson believes the difference here lies in the distinction that the Council prior authorized this expense and grant to take place.He didn't want to get into a situation in the future where he was stuck between a committee telling him to do things and potentially the rest of the Council telling him to do something completely different. Alderman Spears stated that is how our procedures are set.The Council has committee meetings in order to establish the right procedures.To follow procedures,it should go back to committee.Alderman Milschewski sees both sides,and asked when the City has to get back to IDOT.City Administrator Olson stated the mandatory deadline is the end of January.Since it has been presented to the entire Council,no action is the exact same action and direction of the staff as a negative vote on this.As long as everyone is aware of that and aware of the legal obligation the Council is creating by taking no action,he is fine with that.This is a policy decision.He just didn't want the Council to get into a situation in the future where the City has three Aldermen saying one thing and the other five think the other way without at least bring it to somebody's attention.Alderman Milschewski agrees with Alderman Colosimo that the Council has time and this should go back to Public Works. The Minutes of the Regular Meeting of the City Council—December 27,2011—Page 4 of 5 City Attorney Orr stated the motion made that was voted down was a motion to table which is a motion not subject to discussion.The original motion,which was not seconded,that Alderman Colosimo made was a motion to return it to committee.Two separate motions.The motion to table would bring it right back to Council and not accomplish the original motion,which was never seconded.Mayor Golinski as the chair would have the right to rule if he would entertain a motion to send this back to committee. Alderman Spears stated she seconded his original motion.City Attorney Orr said it was never voted on, and then the Council went to a motion to table so there was never discussion.Alderman Spears asked so doesn't it come back to us now to vote on the original motion.City Attorney Orr stated the motion to table was voted down,so we have two choices.The Council can either go with a final vote on it or could entertain a motion to return it back to Public Works.Alderman Spears asked since she already made that motion and it was seconded should the Council do that again.City Attorney Orr stated yes. Alderman Milschewski made a motion to send it back to Public Works;seconded by Alderman Spears. City Attorney Orr asked Mayor Golinski if he would recognize this motion and he stated yes.City Attorney Orr stated the Council may have discussion on this motion. Alderman Munns stated this is an issue providing amenities to the City.Business won't locate to Yorkville unless there enough rooftops.That means less tax base.Yorkville won't have enough rooftops to attract businesses unless Yorkville has reasons for people to move here.If the businesses don't locate here,tax payers continue to fund the entire tax base.Yorkville has good amenities such as safety,decent shopping,and good restaurants.If citizens can't get to these places will they want to live here?Should it get worse or should the Council take a chance and do some amenities.Alderman Kot voted against this in committee for the City can't afford it.If someone wants to step forward and paid the city's share,then he is all for it.He has no problem going back to committee with this and reviewing the potential of somebody else footing the share.He doesn't think IDOT wants an agreement based on a promise that somebody else is going to pay the City share.He will support it if it is sent to committee. Mayor Golinski stated that is the right move.Send it back to committee for further discussion. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Colosimo-aye,Funkhouser-aye, Milschewski-aye,Teeling-aye,Kot-aye,Munns-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Residential Solid Waste Franchise Agreement (PW 2011-39) A motion was made by Alderman Spears to approve the form of the RFP to be used for soliciting proposals from waste haulers for the City's solid waste residential program from May 01,2012 through April 30,2017;seconded by Alderman Colosimo. City Administrator Olson said Oswego is entertaining the possibility of joining Yorkville.Yorkville's garbage services are a little more comprehensive than Oswego's.Yorkville wants to keep its garbage services the way it is.Oswego has to decide whether they want to have the same services as Yorkville or potentially not reap the benefit of doing a joint bid.Hopefully the City will know by mid-January,which still gives Yorkville time to get out the RFP.A potential option is to wait another couple meetings and hopefully get a lower overall bid from Oswego.Mayor Golinski asked if the Council wants to table this or go ahead and approve it with the idea that City Administrator Olson will talk to Oswego.City Administrator Olson and City Attorney Orr both believe it would be acceptable to approve it.If there are changes it can come back to Council.An RFP does not require Council approval but it has been practice that the Council always knows what major services are being bid out.City Administrator Olson stated the Council would be approving the RFP under the assumption that he would not publish it until further direction from Oswego and Yorkville.Alderman Funkhouser thinks if Yorkville partners with Oswego then language need to be included that states if one party terminates it won't affect the other's contract. City Attorney Orr stated the City won't succeed if one party has the right to sever the contract.Alderman Colosimo has residents constantly tell him they like the garbage services here in Yorkville. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Munns-aye,Spears-aye,Colosimo-aye, Funkhouser-aye,Milschewski-aye,Teeling-aye The Minutes of the Regular Meeting of the ON Council—December 27 2011—Page 5 of 5 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 YEDC Alderman Munns said YEDC is alive and well.They lost a few members in 2011.Membership is down, yet revenue for 2012 is forecasted about$11,000 more and the expenses only went up about$3000.If anyone knows businesses in town that dropped off,encourage them to get back on in 2012.Continue to make the YEDC a viable force. STAFF REPORT No report. ADDITIONAL BUSINESS Garbage Services Garbage services will be delayed one day this week and next due to the holidays. EXECUTIVE SESSION Mayor Golinski entertained a motion to adjourn into Executive Session for the purpose of: 1. For the purchase or lease of real property for use of the public body. So moved by Alderman Funkhouser;seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Milschewski-aye,Colosimo-aye,Kot-aye, Teeling-aye,Funkhouser-aye,Munns-aye The City Council entered Executive Session at 7:48 p.m. The City Council returned to regular session at 8:06 p.m. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Munns;seconded by Alderman Funkhouser. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 8:07 p.m. Minutes submitted by: Beth Warren, City Clerk,City of Yorkville,Illinois ry C/py Reviewed By: Agenda Item Number O J �+ Legal ❑ Mayor#1 Finance ❑ EST. `'` 1836 Engineer ❑ Tracking Number City Administrator ❑ O Consultant El WE 11 C.. CC 2012-04 °<LE tie' ❑ Agenda Item Summary Memo Title: Collective Bargaining Agreement between IUOE Local 150 and City of Yorkville Meeting and Date: City Council—January 10, 2012 Synopsis: Proposed final union contract for Public Works department employees. 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: ®,4�D C/T` Reviewed By: Agenda Item Number O J -� �► Legal ❑ Mayor#2 Baas esEST. �, Finance El Engineer City Administrator Tracking Number O -< W� � I °'�' a` O Consultant ❑ K—V c°u°ry CC 2012-05 Agenda Item Summary Memo Title: River Road Bridge Agreements Meeting and Date: City Council—January 10, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: CITY Memorandum To: Bart Olson, City Administrator EST. 1836 From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works ;�6 Krysti Barksdale-Noble, Community Dev. Dir. Ke aOomV Lisa Pickering, Deputy City Clerk /k,E Date: January 5, 2012 Subject: River Road Bridge The purpose of this memo is to provide an update on the project as well as introduce copies of the proposed IDOT Joint Agreement and the Phase III Engineering agreement. The general work items and their associated status are listed below: • Phase I Engineering PDR approved 12/9/11 • Land Acquisition Moving forward • Phase II Engineering Final plans submitted for review • Permitting IDNR, ACOE permits received • IDNR Coordination Dam removal moving forward,Tri-party agreement required • Bid Letting March 2012 • Construction Start June 2012 • Construction Complete December 2012 As noted above, we have received the IDOT Joint Agreement for review. The agreement specifies the funding for the project, which is 80% Federal and 20% Local. The funding is for both the construction and construction engineering. Also attached is our Phase III Engineering Agreement for review and consideration. Our anticipated costs for Phase III Engineering fall within the proposed funding levels. IDOT has indicated that they specifically need the City to approve and execute the Joint Agreement as soon as possible. The agreement must be in Springfield no later than January 20`x'. They have also requested that the Phase III Agreement follow the same schedule. This is typical for State/Federal funded projects. If you have any questions or require additional information, please let us know. Illinois Department Local Agency State Contract Day Labor Local Contract RR Force Account �j of Transportation City of Yorkville x Local Agency Agreement Section Fund Type ITEP Number for Federal Participation 08-00036-00-BR MBR Construction En in ering Ri ht-of-Wa Job Number Project Number Job Number Project Number Job Number Project Number C-93-038-12 BRM-9003(883) This Agreement is made and entered into between the above local agency hereinafter referred to as the"LA" and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as"STATE". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as"FHWA". Location Local Name River Road Route FAU 3799 Length 0.35 Mile Termini Over Blackberry Creek located 0.2 miles west of IL Route 47 Current Jurisdiction City of Yorkville Existing Structure No 047-3007 Project Description Removal and replacement of existing structure with a single span steel I-beam with a poured concrete deck superstructure. Division of Cost Type of Work MBR % STATE % LA % Total Participating Construction 1,742,000 ( * ) ( ) 436,000 ( Bal ) 2,178,000 Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering ( ) ( ) ( ) Construction Engineering 194,000 ( ) ( ) 48,000 ( Bal ) 242,000 Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 1,936,000 $ $ 484,000 $ 2,420,000 `80% Major Bridge Funding NTE $1,936,000 NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15%of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement,the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required,to cover the LA's total cost. Method of Financing (State Contract Work) METHOD A---Lump Sum(80%of LA Obligation) METHOD B--- Monthly Payments of METHOD C---LA's Share Balance divided by estimated total cost multiplied by actual proqress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 1/5/2012 Page 1 of 5 BLR 05310(12/08/10) Agreement Provisions THE LA AGREES: (1) To acquire in its name,or in the name of the state if on the state highway system,all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,and established state policies and procedures. Prior to advertising for bids,the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any,will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum(addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction,an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA,the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain,for a minimum of 3 years after the completion of the contract,adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose(partial or total)Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A- Lump Sum Payment. Upon award of the contract for this improvement,the LA will pay to the STATE, in lump sum, an amount equal to 80%of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs)in a lump sum, upon completion of the project based upon final costs. Method B- Monthly Payments. Upon award of the contract for this improvement,the LA will pay to the STATE, a specified amount each month for an estimated period of months,or until 80%of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation(including any nonparticipating costs)in a lump sum, upon completion of the project based upon final costs. Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement,the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment(appropriately adjusted for nonparticipating costs)made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding,equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed,the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed,the LA will repay the STATE any Federal Funds received under the terms of this Agreement. Printed on 1/5/2012 Page 2 of 5 BLR 05310(12/08/10) (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation,2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission(ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain or performing a public(Federal, State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, local)with commission of any of the offenses enumerated in item(b)of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal,State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract,grant, loan or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts,subgrants and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment,certified time sheets,vendor invoices,vendor receipts,and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed$1,000,000(five years if the project costs exceed$1,000,000). (24) Upon completion of this phase of the improvement,the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. Printed on 1/5/2012 Page 3 of 5 BLR 05310(12/08/10) (25) (Single Audit Requirements) That if the LA receives$500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget(OMB)Circular No.A-133. LA's that receive less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. (26) That the LA is required to register with the Central Contractor Registration (CCR),which is a web-enabled government-wide application that collects,validates,stores, and disseminates business information about the federal government's trading partners in support of the contract award and the electronic payment processes. If you do not have a CCR number,you must register at https://www.bpn.gov/ccr. If the LA, as a sub-recipient of a federal funding, receives an amount equal to or greater than$25,000(or which equals or exceeds that amount by addition of subsequent funds),this agreement is subject to the following award terms: http://edocket.access..qpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.gpo.gov/2010/pdf/2010-22706.pdf. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE(and FHWA, if required)and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel, cement,aggregate,structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (3) This Agreement shall be binding upon the parties,their successors and assigns. (3) For contracts awarded by the LA,the LA shall not discriminate on the basis of race,color, national origin or sex in the award and performance of any USDOT—assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT—assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program,the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.). In the absence of a USDOT—approved LA DBE Program or on State awarded contracts,this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year,the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seq.)unless the provisions of that Act exempt its application Printed on 1/5/2012 Page 4 of 5 BLR 05310(12/08110) ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location Map (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all exhibits indicated above. APPROVED APPROVED Local Agency State of Illinois Department of Transportation Name of Official (Print or Type Name) Gary Hannig,Secretary of Transportation Date By: Title (County Board Chairperson/MayorNillage President/etc.) (Delegate's Signature) (Delegate's Name-Printed) (Signature) Date The above signature certifies the agency's TIN number is Christine M.Reed,Director of Highways/Chief Engineer Date conducting business as a Governmental Entity. DUNS Number Ellen J.Schanzle-Haskins,Chief Counsel Date Matthew R.Hughes,Acting Director of Finance and Administration Date NOTE: If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. Printed on 1/5/2012 Page 5 of 5 BLR 05310(12/08/10) Local Agency Consultant United City of Yorkville L Illinois Department Engineering Enterprises, Inc. p of Transportation C County C O Address Kendall A N 52 Wheeler Road Section L S City 08-00036-00-BR U Suaar Grove Project No. A Construction Engineering L state 31 Services Agreement I Job No. G For T Zip Code C-93-038-12 E Federal Participation A 60554 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Bart Olson (630)553-8537 C T Brad Sanderson (630)466-6700 bolson@yorkville.il.us Y bsanderson @eeiweb.com THIS AGREEMENT is made and entered into this day of 2012 between the above Local Agency(LA)and Consultant(ENGINEER) and covers certain professional engineering services in connection with the PROJECT described herein. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation(STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT the following terms are used,they shall be interpreted to mean: Regional Engineer Regional Engineer, Department of Transportation Resident Engineer LA Employee directly responsible for construction of the PROJECT Contractor Company or Companies to which the construction contract was awarded Project Description Name River Road over Blackberry Creek Route FAU 3799 Length 950 ft Structure No. EX 047-3007 Bridge Replacement 0.18 mi PR 047-6500 Termini The project begins approximately 1,000 feet west of IL 47 and extends 950 feet westerly over Blackberry Creek. Description: The project consists of the removal and replacement of the existing River Road bridge over Blackberry Creek. The work includes reconstruction of approach pavement. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the engineering services for the LA,in connection with the PROJECT hereinbefore described and checked below: * a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research(BMPR)Quality Control/Quality Assurance(QC/QA)training documents or contract requirements and obtain samples and perform testing as noted below. * b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples and perform testing as noted below. ® c. For soils,to obtain samples and perform testing as noted below. d. For aggregates,to obtain samples and perform testing as noted below. NOTE: For 1a.through 1d. the ENGINEER is to obtain samples for testing according to the STATE BMPR"Project Procedures Guide",or as indicated in the specifications,or as attached herein by the LA;test according to the STATE BMPR"Manual of Test Procedures for Materials",submit STATE BMPR inspection reports;and verify compliance with contract specifications. ® e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit inspection reports to the LA and the STATE in accordance with the STATE BMPR"Project Procedures Guide'and the policies of the STATE. Q f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA trained technician classes. ® g, Inspect,document and inform the resident engineer of the adequacy of the establishment and maintenance of the traffic control. Page 1 of 5 BLR 05611 (Rev.9106) Printed on 115/2012 9:22:31 AM ❑ h. Geometric control including all construction staking and construction layouts. i Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual ® j. Measurement and computation of pay items. ❑ k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. ® I. Preparation and submission to the LA by the required form and number of copies,all partial and final payment estimates, change orders, records,documentation and reports required by the LA and the STATE. ® m. Revision of contract drawings to reflect as built conditions. 2. Engineering services shall include all equipment, instruments, supplies,transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To furnish the services as required herein within twenty-four hours of notification by the resident engineer or authorized representative. 4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or STATE. 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without the written consent of the LA. The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT, 6. The ENGINEER shall submit invoices, based on the ENGINEER's progress reports,to the resident engineer, no more than once a month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value,to the LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage(equal to the percentage of the construction engineering completed)of the fixed fee for the fully completed work. 7- That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION; and that the ENGINEER has sufficient properly trained,organized and experienced personnel to perform the services enumerated herein. 8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors,omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from the ENGINEER's error, omission or negligent act,the ENGINEER shall indemnify the LA,the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply with applicable federal statutes,state of Illinois statutes,and local laws or ordinances of the LA. 10. The undersigned certifies neither the ENGINEER nor I have: a) employed or retained for commission, percentage,brokerage,contingent fee or other considerations, any firm or person(other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT; b) agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c) paid,or agreed to pay any firm, organization or person(other than a bona fide employee working solely for me or the above ENGINEER)any fee, contribution,donation or consideration of any kind for,or in connection with, procuring or carrying out the AGREEMENT. d) are not presently debarred,suspended, proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery,falsification or destruction of records, making false statements or receiving stolen property; f) are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph(e)of this certification;and g) have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal, State or local) terminated for cause or default. Page 2 of 5 BLR 05611 (Rev 9/06) Printed on 1/5/2012 9:22:31 AM 11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 13. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the work called for in the AGREEMENT II. THE LA AGREES, 1. To furnish a resident engineer to be in responsible charge of general supervision of the construction 2. To furnish the necessary plans and specifications, 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF=14.5%[DL+R(DL) +OH(DL)+ IHDC],or ❑ CPFF= 14,5%[DL+R(DL)+1.4(DL) +IHDC],or ❑ CPFF= 14.5%[(2.3+ R)DL+IHDC] Where: DL=Direct Labor IHDC= In House Direct Costs OH=Consultant Firm's Actual Overhead Factor R=Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 5 To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a) For the first 50%of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE,a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE,a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 6. The recipient shall not discriminate on the basis on the basis of race,color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.). Page 3 of 5 BLR 05611 (Rev 9106) Printed on 1/5/2012 9:22:31 AM III. It is Mutually Agreed, 1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books, documents,papers,accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT,for inspection by the STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR has completed the construction contract. 3. That all field notes,test records and reports shall be turned over to and become the property of the LA and that during the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER,at the ENGINEER's last known address,with the understanding that should the AGREEMENT be terminated by the LA,the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field notes,test records and reports completed or partially completed at the time of termination shall become the property of,and be delivered to,the LA. 5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 6. That in the event the engineering and inspection services to be furnished and performed by the LA(including personnel furnished by the ENGINEER) shall, in the opinion of the STATE be incompetent or inadequate, the STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA, 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions, except as provided in numbered paragraph 1f of Section I. 8. This certification is required by the Drug Free Workplace Act(301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to,suspension of contract or grant payments,termination of a contract or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years. For the purpose of this certification, "grantee"or"contractor'means a corporation,partnership or other entity with twenty-five(25)or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution,dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition (3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will: (A) abide by the terms of the statement;and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance program;and (4) the penalties that may be imposed upon an employee for drug violations Page 4 of 5 BLR 05611 (Rev.9/06) Printed on 1/5/2012 9:2231 AM (c) Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10)days after receiving notice under part(B)of paragraph(3)of subsection (a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted,as required by section S of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 9 The ENGINEER or subconsultant shall not discriminate on the basis of race,color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary ------------------ _. Prime Consultant: --�-TIN Number E Agreement Amount Engineering Enterprises, Inc. `_A 36-3150869 169,755.11 Sub-Consultants. TIN Number A reement Amount Alfred Benesch&Company- . 36-2407363 27.568.58 Testing Service Coloration 35-0937582 - _ 7,342.00 _.._.. __---_ Sub-Consultant Total: 34,910.58 Prime Consultant Total: 169,755.11 Total for all Work: 204,665-66 Executed by the LA: United City of Yorkville (Municipality/Township/County) ATTEST: Cry: City Clerk _ Title: Mayor (SEAL) Executed by the ENGINEER. Engineering_Enterprises, Inc. ATTEST -- By By. Title: Executive Assistant Title: Vice President Page 5 of 5 BLR 05611 (Rev.9/06) Printed on 1/5/2012 9:22:31 AM DF-824-039 REV 12/04 PAYROLL ESCALATION TABLE FIXED RAISES FIRM NAME Engineering Enterprises,Inc. DATE 01/05/12 PRIME/SUPPLEMENT Prime PTB NO. CONTRACT TERM 6 MONTHS OVERHEAD RATE 185.00% START DATE 511/2012 COMPLEXITY FACTOR 0 RAISE DATE 111/2013 %OF RAISE 3.00% ESCALATION PER YEAR 5/112012 - 10/31/2012 L 6 G 100.00% = 1.0000 The total escalation for this project would be: 0,00% Bureau of Design and Environment Printed 1/5/2012 9:23 AM D F-824-039 REV 12/04 PAYROLL RATES FIRM NAME Engineering Enterprises DATE 01105/12 PRIME/SUPPLEMENT Prime PSB NO. ESCALATION FACTOR 0.00% CLASSIFICATION CURRENT RATE CALCULATED RATE Senior Principal $54.81 $54.81 Principal $54.81 $54.81 Senior Project Manager $43.07 $43.07 Project Manager $37.49 $37.49 Sr, Project Engineer/Planner/Surveyor II $32.98 $32.98 Sr. Project Engineer/Planner/Surveyor 1 $27.85 $27.85 Project Engineer/Planner/Surveyor $23.08 $23.08 Sr. Project Technician 11 $32,82 $32.82 Sr. Project Technician 1 $29.73 $29.73 Project Technician $26.99 $26.99 Administrative Assistant $21,92 $21.92 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PREPARED BY THE AGREEMENTS UNIT Printed 1/5/2012 9;23 AM COST PLUS FIXED FEE COST ESTIMATE OF CONSULTANT SERVICES DF-824-039 REV 12/04 FIRM Engineering Enterprises,Inc. DATE 01105/12 p$B OVERHEAD RATE 1.85 PRIMEISUPPLEMENT Prime COMPLEXITY FACTOR 0 FIXED FEE=14.5%[DL+R(DL)+OH(DL)+IHDC] DBE OVERHEAD IN-HOUSE Outside SERVICES %OF DROP ITEM MANHOURS PAYROLL & DIRECT FIXED Direct BY DBE TOTAL GRAND BOX FRINGE BENF COSTS FEE Costs OTHERS TOTAL TOTAL (A) (B) (C) (D) (E) (F) (G) (H) (B-G) Pro. Start&Close Out 192 6,227.36 11,520.62 2,573.46 20,321.43 9.93% Const. Inspect.&Doc. 13001 40,309.00 74,571.65 3.780.00 17,205.79 75.00 27,568.58 163,510.02 79.89% Pro. Manage&Admin. 84 3,343.08 6,184.70 1 1,381.53 10,909.31 5.33% Material Testing 241 791.52 1,464.31 1 327.10 7.342.00 9,924.93 4.85% i I I i I I I 1 Subconsultant DL 0.00 0.00 0.00% TOTALS 16001 50,670.96[ 93,741281 3,760.00 21,487.87 75.00 34,910.58 0.00 204,665.69 100.00% DBE 0.00% DBE PREPARED BY THE AGREEMENTS UNIT Printed 115/2012 9:23 AM DF-824-039 REV 12/04 AVERAGE HOURLY PROJECT RATES FIRM Engineering Enterprises,Inc. PSB DATE 01105/12 PRIME/SUPPLEMENT Prime SHEET 1 OF 1 PAYROLL AVG TOTAL PROJECT RATES Pro.Start&Close Out lConst.Inspect&Doc. Pro.Manage&Admin. Material Testing HOURLY Hours % Wgtd Hours I % I Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Senior Principal 54.81 0 Principal 54.81 20 1.25% 0.69 20 1 23.61% 1305 Senior Project Manager 1 43.07 0 I Project Manager 1 37.49 56 3.50% 1 31 16 8.33% F 3.12 1 40 1 47.62%1 17.85 Sr.Project Engineer/Planner/Surveyor II 1 32.98 1004 1 6275% 20.69 160 63.33% 1 27.48 800 161.54%1 2030 20 23.81%( 7.85 24 100.00% 32.98 Sr.Project Engineer/Planner/Surveyor I 1 27.85 500 31.25% 8.70 500 3846%1 10.71 Project Engineer/Planner/Surveyor 1 23.08 0 Sr.Project Technician II 1 32.82 0 Sr.Project Technician 1 29.73 0 Project Technician 26.99 0 1 I 1 Administrative Assistant 1 21.92 20 125% 0.27 16 8 33% 1.83 a 4.76% 1.04 0 0 i I 0 s 0 1 1 1 0 0 I 0 1 i 0 i 0 0 0 I I 1 0 i 1 0 I 0 I 0 I 0 TOTALS 1600 100% $3167 192 100.00%I$32.43 1300 10009/. $31.01 84 100% $39.80 24 1 100% 1$32 98 0 PREPARED BY THE AGREEMENTS UNIT Printed 115/2012 9:23 AM SUMMARY OF DIRECT COSTS River Road over Blackberry Creek Bridge Replacement Kendall County Section No.08-00036-00-BR Engineering Enterprises, Inc. In-House Direct Costs No. Unit Cost/Unit Total Cost Printing/Reports 300 Pages $0.10 $30.00 Printing/Plans 150 Sheets $1.00 $150.00 Vehicle 80 Days $45.00 $3,600.00 Subtotal $3,780.00 Outside Direct Costs No. Unit Cost/Unit Total Cost Postage/Overnight Delivery 5 Each $15.00 $75.00 Subtotal $75.00 TOTAL $3,855.00 Alfred Benesch&Company benescli 205 North Michigan Avenue,Suite 2400 engineers.scientists-planners Chicago,11.60601-5927 www.benesch.com 312-565-0450 312-565-2497 November 2, 2011 Mr. James R. Lenzini,Project Manager Engineering Enterprises,Inc. 52 Wheeler Road Sugar Grove, IL 60554 Subject: Phase III Structural Engineering Services for the City of Yorkville SN 047-6500—FAU 3799(River Rd.) over Blackberry Creek Dear Mr. Lenzini: Alfred Benesch&Company(Benesch)is pleased to submit this proposal to provide Phase III structural engineering services for the subject project.This proposal outlines our scope and cost estimate required to successfully complete the project.Your authorization to proceed with these services constitutes an acceptance of the terms in this proposal. We understand that the City of Yorkville(City) is requesting Phase III structural engineering services for this project and we will assist your team with the construction observation of the bridge that is replacing structure number 047-3006. These services include periodic on-site Quality Assurance(QA),shop drawing review,and consultation. We also understand that the letting is anticipated in March or April, 2012. The following outlines our scope of services to perform these Phase III services for the subject bridge: 1.0 Phase III Structural On-site Services Benesch will perform periodic on-site QA,shop drawing review, interpretation of contract plans and specifications and consultation on the structural elements of the project as requested. The anticipated assistance is estimated to be for approximately one day per week for the duration of construction.The current estimated time for bridge construction is 65 working days or 13 weeks. Our services will not include any QC material testing,verification of quantities,survey work, Contractor coordination,daily documentation,daily logs, field orders,voucher preparation,MOT inspection,change orders, environmental inspection,schedule review or any non-structural elements of the project. 2.0 Quality Control • Benesch will adhere to their Quality Control Plan developed for IDOT project work. 3.0 Administration and Coordination • Coordination meetings and discussions will be held via conference call,e-mail,face to face as required. Mr.James R. Lenzini benesch November 2,2011 Page 2 engineers•scientists.planners • Normal accounting and reporting procedures will be conducted. Schedule All tasks will be coordinated with the City and EEI based on the letting and completion dates. Cost Benesch shall be compensated an hourly rate for the tasks associated with this project.The cost is not to exceed$27,568.58 as detailed in the attached exhibits. Additional services or modifications to the agreement,including associated costs, shall be in writing and signed by both parties prior to beginning the work. If this proposal is acceptable to Engineering Enterprises,Inc.,please sign and return one copy for our records.We thank you for the opportunity to work with Engineering Enterprises,Inc., and the City of Yorkville on this assignment. If you have any questions or we can be of further assistance,please do not hesitate to call. Very truly yours, David M. Morrill, PE, SE Vice President DJM:mrb Attachments: Completed CECS forms Summary of Direct Cost ACCEPTED Engineering Enterprises,Inc. By: Title: Date: x:\I0100s\1017 0.00\pmp\aceounting\contractkei phase iii services proposal_yorkvi11c.Jocx DF-824-039 REV 12/04 PAYROLL ESCALATION TABLE FIXED RAISES FIRM NAME Alfred Benesch S Company DATE 11/02/11 PRIMEISUPPLEMENT Prime PTB NO. CONTRACT TERM 6 MONTHS OVERHEAD RATE 151.68% START DATE 511/2012 COMPLEXITY FACTOR 0 RAISE DATE 1/112013 %OF RAISE 3.00% ESCALATION PER YEAR 5/1/2012 - 10131/2012 6 0 100.00% 1.0000 The total escalation for this project would be: 0.00% Bureau of Design and Environment Printed 1112/20112:50 PM DF-824-039 REV 12/04 PAYROLL RATES FIRM NAME Alfred Benesch&Comp:DATE 11/02/11 PRIMEISUPPLEMENT Prime PSB NO. ESCALATION FACTOR 0.00% CLASSIFICATION CURRENT RATE CALCULATED RATE Project Principa# $70.00 $70.00 Sr Resident Project Manager $57.83 $57.83 Project Manager 1 $48.37 $48.37 Sr.Constr.Representative $46.27 $46.27 Constr.Representative Il $34.28 $34.28 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Bureau of Design and Environment Printed 11/2/201112:50 PM DF-824-039 REV 12104 COST PLUS FIXED FEE COST ESTIMATE OF CONSULTANT SERVICES FIRM Alfred Benesch&Company DATE 11102111 PSB OVERHEAD RATE 1.5168 PRIME/SUPPLEMENT Prime COMPLEXITY FACTOR 0 DBE OVERHEAD IN-HOUSE Outside SERVICES % DROP ITEM MANHOURS PAYROLL & DIRECT FIXED Direct BY DBE TOTAL GRAND BOX FRINGE BENF COSTS FEE Costs OTHERS TOTAL TOTAL (A) (B) (C) (D) (E) (F) (H) (B-G) Phase III Services 170 8,134.60 12,338.56 765.00 3,079.53 100.00 24,417.69 88.57% QA/QC 8 458.60 695.60 167.36 1,321.56 4.79% Administration 11 634.80 962.861 1 231.66 1.829.33 6.64% Subconsultant DL 0.00 0.00 0.00% TOTALS 189 9,228.001 13,997.031 765.00 3,478.55 100.00 0.00 0.00 27,568.58 100.00% DBE 0.00% DBE Bureau of Design and Environment Printed 11/2/20112:50 PM DF-824-039 REV 12/04 AVERAGE HOURLY PROJECT RATES FIRM Alfred Benesch&Company PSB DATE wo2nl PRIME/SUPPLEMENT Prime SHEET 1 OF 5 PAYROLL AVG TOTAL PROJECT RATES Phase III Services ICAtOC Administration HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours %. Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg 1 Part Avg Part. Avg Part. Avg Part. Avg Part Avg Project Principal 70.00 5 2.65% 1.85 1 2 25.00%> 17.50 3 27.27% 19.09 Sr Resident Project Manager 57.83 17 6.99% 520 10 1 5.68% 3.40 3 37.50% 21.69 36.36% 21.03 Project Manager 1 48.37 137 72.49% 3506 130 1 76.47% 36.99 37.50% 18.14 36.36% 17.59 Sr.Constr.Representative 46.27 20 10.56% 4.90 20 11.76% 5.44 Constr.Representative 11 34.28 10 5.29% 1.81 10 5.a8% 2.02 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I 0 0 0 TOTALS 189 100% $48.83 170 100.00% $47.65 8 100% $57.33 11 100% $57.71 0 0% 1 $0.00 0 0% $0.00 Bureau of Design and Environment Printed 11/2/2011 2:50 PM Engineering Enterprises, Inc. Phase III Services -City of Yorkville SN 047-6500 - River Road Over Blackberry Creek Summary of Direct Cost Direct Cost Quantity _ Unit Cost Cost Vehicle Days 17 $ 45.00 $ 765.00 Mailinq (Outside Direct Cost) 4 $ 25.00 $ 100.00 Total Direct Cost T$ 865.00 X:\101008\10170.00\PMP\Accoundng\ConlracMenesch_Phase III Enginering and Peer Review Estimate Yorkvllle.xlax 1112/2011 Phase III Services Direct Coal Page 1 of 1 October 26, 2011 TESTING SERVICE CORPORATION Local Office: 457 E.Gunderson Drive,Carol Stream,IL 60188-2492 Mr. James Lenzini 630.653.3920 • Fax 830.653.2726 Engineering Enterprises, Inc. Corporate O 52 Wheeler Road ffice; Sugar Grove, Illinois 60554 630-462-2600 9 Fax 630.653.2988 60188-2404 RE: P.N. 47,960 Construction Material Engineering River Road Bridge Replacement Yorkville, Illinois Dear Mr. Lenzini: Per your request, Testing Service Corporation (TSC) is pleased to submit this proposal to provide the Construction Materials Engineering Services that will be requested by you for the above referenced project. The broad objectives of our work will be to conduct and interpret tests and report our findings as directed by Engineering Enterprises, Inc. TSC is staffed and equipped to provide any of the following services that may be ordered by you: • Field Quality Control Services -Observe proof-rolling operations. -Recommend amount of undercut using IDOT cone penetrometer procedure. -Perform in-place density tests on engineered fill/backfill and granular base course -Test plastic concrete for slump, air content, temperature, unit weight and cast test cylinders. -Establish rolling pattern for bituminous concrete pavement mix with nuclear density gauge. -Pickup samples in the field for laboratory tests. • Bituminous Concrete Batch Plant Quality Control Services -Daily hot bin and extraction analysis. -Sampling and testing of stockpile materials. -Check and adjust mixing formulas, as necessary. -Check temperatures of bitumen, drum and final mix. -Mold Marshall samples and check for stability and flow or determine density of Prepared (HMA) specimen by means of Gyratory Compactor. -Other tests as required by current IDOT procedures guide. • Portland Cement Concrete Batch Plant Quality Control Services -Verify that current IDOT mix design is being used. -Check moisture content of fine aggregate. -Perform sieve analysis on stockpiled materials, as required by IDOT criteria. -Check the slump, air and temperature of final mix. -Other tests, as required by current IDOT procedure guide. • Laboratory -Perform laboratory compaction curve for each soil type used. -Determine density and thickness for core samples submitted by contractor. -Aggregate gradation and soundness analysis. -Perform compressive and flexural strength tests for concrete cylinders and beams. -Other tests, as required. ProW(fitig n Fu//Range of Geolec/nticrd Englueerlug,Env/ro»ntema/Services,attd Cottslrncllott Dhtlerials Eagineer/ag& Teslbtg Engineering Enterprises, Inc. P.N. 47,960 - October 26, 2011 TSC's field technicians are represented by Local 150 of the International Union of Operating Engineers. Supervision of the testing, observation and reporting is provided by a Registered Professional Engineer. Reports will generally be issued on a weekly basis as work progresses. Invoices will be issued monthly, subsequent to the reporting period. A budget amount of Seven Thousand Three Hundred Forty-Two Dollars ($7,342.00) is recommended for your project. This estimate is based on a review of plans and specifications provided by Engineering Enterprises, Inc. and prior experience on similar projects. TSC's itemized estimate is included in the "Assumptions and Estimated Fee" portion of this proposal. Factors such as weather, contractor efficiency and deviations from minimum testing and observation requirements may significantly impact the CME budget. Our fee is further subject to this proposal being accepted by you on or before December 31, 2011. The Services performed by TSC under this proposal are subject to prevailing wage regulations under Illinois law. Prevailing wage rates are established in June by the State of Illinois. Should the established wage be changed between the time of this proposal and the time of work, it will be necessary to revise this proposal so that the rates required by law are properly reflected. Prevailing wage categories are defined as follows: Material Tester I: Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt. Material Tester 11: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete and concrete and asphalt batch plants, adjusting proportions of bituminous mixtures. TSC's fees include TSC's services being performed subject to the attached General Conditions which are incorporated herein. Unless we receive written instructions to the contrary, invoices will be sent to: Mr. James Lenzini Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 Tel: (630)466-6700 Fax: (630) 466-6701 email:jlenzini@eeiweb.com When completing the attached project data form, kindly indicate who is to receive copies of TSC's report and other project data. -2- Engineering Enterprises, Inc. P.N. 47.960 - October 26, 2011 Your consideration of our proposal is appreciated. We look forward to being of service to you on this project. Respectfully Submitted TESTING SERVICE CORPORATION Jeffrey R. Schmitz, P.E. Project Manager JRS:sa Enc: General Conditions Project Data Sheet Approved and accepted for by: (NAME) (TITLE) (DATE) -3- Engineering Enterprises, Inc. P.N. 47,960 - October 26, 2011 SCHEDULE OF CHARGES ITEM I FIELD SERVICES A. Material Tester I Per Hour: $ 109.50 B. Material Tester II Per Hour: $ 112.50 C. IDOT QC/QA Level III BIT or PCC Per Hour: $ 112.50 CME Technician classification includes IDOT BIT/PCC and QC/QA Certified Technicians. The time is portal-to-portal from the office servicing the project. Increase hourly rate by 1.4 for over 8.0 hours per day or Saturday. Increase hourly rate by 1.8 for Sunday or Holiday work. The minimum trip charge for 0 to 4 hours is four(4)hours and for 4 to 8 hours is eight(8)hours Monday through Friday and eight(8) hours on Saturday and Sunday. Engineering services for summary report preparation are invoiced at the Graduate Engineer Rate. D. Transportation, Light Vehicle Per Mile: $ 0.60 E. Use of Nuclear Moisture/Density Gauge Per Day: $ 35.00 F. Pickup Concrete Test Samples Per Trip: $ 60.00 ITEM 11 LABORATORY SERVICES A. Soils 1. Compaction Curve to establish the maximum dry unit weight and optimum water content a. Modified (AASHTO T180, ASTM D1557) Each_ $ 175.00 b. Standard(AASHTO T99, ASTM D698) Each; $165.00 c. Add for Methods B, C, or D Each, $ 15.00 2. Thin-Walled Tube Samples a. Combined Water Content& Dry Unit Weight Determination Each $ 15.00 b. Unconfined Compressive Strength Each: $ 12.00 B. Portland Cement Concrete/Aggregates 1. Concrete Test Cylinders (6"x12") a. Compressive Strength Each: $ 16.25 b. Spares/Handling Charge Each: $ 16.25 c. Trim End of Specimen When Necessary Each: $ 20.00 -4- Engineering Enterprises, Inc. P.N. 47,960 - October 26, 2011 2. Concrete Test Cylinders (4"x8") a. Compressive Strength Each: $ 15.50 b. Spares/Handling Charge Each: $ 15.50 c. Trim End of Specimen When Necessary Each: $ 20.00 3. Sieve Analysis a. Unwashed Each: $ 68.50 b. Washed Each: $ 85.00 C. Bituminous Concrete 1. Extraction Analysis a. Unwashed Each: $ 185.00 b. Washed Each: $205.00 2. Compaction of Bituminous Mixture by Gyratory Methods and Bulk Specific Gravity Test Set of Two $185.00 3. Theoretical Maximum Specific Gravity of Paving Mixture Each: $ 90.00 4. Calibration of Ignition Oven for Asphalt Content by IDOT Methods: Each: $650.00 5. Determining Asphalt Content by Ignition Oven: Each: $100.00 6. Determining Asphalt Content by Ignition Oven and Washed Gradation: Each: $ 175.00 7. Bulk Density of Core Specimens Each: $ 40.00 ITEM III CQtjaQLTATION AND REPORT PREPARATION A. Registered Professional Engineer, Principal Per Hour: $ 170.00 B. Registered Professional Engineer Per Hour: $ 130.00 C. Graduate Civil Engineer Per Hour: $ 110.00 D. Transportation 1. Light Vehicle Per Mile: $ 0.60 2. Public Transportation Cost + 10% The above rates are valid through December 31,2011. -5- Engineering Enterprises, Inc. P.N. 47,960 - October 26, 2011 ASSUMPTIONS & ESTIMATED FEE The following estimate is based on review of materials quantities provided by the Engineering Enterprises, Inc. and the Illinois Department of Transportation's Project Procedures Guide. At the time this estimate was prepared the contractor's schedule was not available. The unit prices used below are based on our current cost structure. Earth Excavation/Aggregate Base Course/Trench Backftll Item ITEMS Unit Quantity Unit Amount No. I I I I Price 1 Material Tester II Hour 112.50 $ 0.00 2 Travel, Material Tester II Hour 112.50 $ 0.00 3 Travel, Light Vehicle Mile 0.60 $ 0.00 4 Nuclear Moisture Density Gauge Day 35.00 $ 0.00 5 Soil,Water Content and Dry Unit Weight Determination Each 15.00 $ 0.00 6 Laboratory Compaction Curve(Standard) Each 165.00 $ 0.00 7 Sieve Analysis, Unwashed Each 68.50 $ 0.00 Sub-Total: $ 0,00 Estimate Basis: Portland Cement Concrete/Plant Item ITEMS Unit Quantity Unit Amount No. I I I I Price 1 Material Tester II Hour 112.50 $ 0.00 2 Travel, Material Tester II Hour 112.50 $ 0.00 3 Travel, Light Vehicle Mile 0.60 $ 0.00 4 Pickup Test Samples Each 60.00 $ 0.00 5 Concrete Test Cylinders(6"x 12") Each 16.25 $ 0.00 6 Concrete Test Cylinders(4"x 8") Each 15.50 $ 0.00 7 Sieve Analysis, Unwashed Each 88.50 $ 0.00 8 Sieve Analysis with#200 Wash Each 85.00 $ 0.00 9 Density of Core Sample Each 40.00 $ 0.00 Sub-Total: =$ 0100 Estimate Basis: -6- Engineering Enterprises, Inc. P.N. 47,960 - October 26, 2011 Portland Cement Concrete/Fleld Item Price Unit Quantity Price Amount 1 Material Tester I Hour 28.0 109.50 1 $ 3,066.00 2 Travel, Material Tester I Hour 109.50 $ 0.00 3 Travel, Light Vehicle Mile 350 0.60 $ 210.00 4 Pickup Test Samples Each 5 60.00 $ 300.00 5 Concrete Test Cylinders(6"x 12") Each 20 16.25 $ 325.00 6 Concrete Test Cylinders(4"x 8") Each 15.50 $ 0.00 7 Sieve Analysis, Unwashed Each 68.50 $ 0.00 Sub-Total: 1 $ 3,901.00 Estimate Basis:Five site visits to test and sample concrete placed for structures,super structures,encasements,and combination curb and gutter. Bituminous Concrete/Plant Item ITEMS Unit Quantity Pace Amount 1 Material Tester II Hour 112.50 $ 0.00 2 Travel, Material Tester II Hour 112.50 $ 0.00 3 Travel, Light Vehicle Mile 0.60 $ 0.00 4 Pickup Test Samples Each 60.00 $ 0.00 5 Nuclear Moisture Density Gauge Day 35.00 $ 0.00 6 Bituminous Concrete Extraction Analysis Each 185.00 $ 0.00 7 Compaction of Bituminous Mixture by Gyratory Methods Set of 185.00 $ 0.00 and Bulk Specific Gravity Test Two 8 Theoretical Maximum Specific Gravity of Paving Mixture Each 90.00 $ 0.00 Sub-Total: $ 0.00 Estimate Basis: -7- Engineering Enterprises, Inc. P.N. 47,960 - October 26, 2011 Bituminous Concrete/Field Item ITEMS Unit Quantity price Amount 1 Material Tester I Hour 20.0 109.50 $ 2,190.00 2 Travel, Material Tester I Hour 109.50 $ 0.00 3 Travel, Light Vehicle Mile 210 0.60 $ 126.00 4 Pickup Test Samples Each 60.00 $ 0.00 5 Nuclear Moisture Density Gauge Day 3 35.00 $ 105.00 6 Bituminous Concrete Extraction Analysis Each 185.00 $ 0.00 7 Compaction of Bituminous Mixture by Gyratory Methods Set of 185.00 $ 0.00 and Bulk Specific Gravity Test Two 8 Density of Core Sample Each 15 40.00 $ 600.00 Sub-Total: $ 3,021.00 Estimate Basis:Three site visits to monitor the compaction of HMA mixes pieced for leveling binder,binder and surface courses. �M Project Coordination&Report Preparation Item ITEMS Unit Quantity Amount 1 Project Engineer Hour 2 110.00 $ 220.00 2 QA Manager Hour 2 100.00 $ 200.00 Sub-Total: $ 420.00 TSCs base fee schedule includes up to three copies of each report. Estimated Total: $ 7,342,00 RECOMMENDED BUDGET: $ 7,342.00 -8- k k1a GENERAL CONDITIONS Geotechnical and Construction Services TESTING SERVICE CORPORATION 1.PARTIES AND SCOPE OF WORN: If Client Is ordering the with Its contract,"Contractor"as used herein shall Include In the event Client Is unwilling or unable to limit the damages services on behalf of another,Client represents and warrants subcontractors, suppllers, architects, engineers and IorwhichTSC may be liable In accordance with the provisions that Client Is the duly authorized agent of said party for construction managers. set forth in the preceding paragraph,upon written request the purpose of ordering and directing said services,and In of Client received within live days of Client's acceptance of such case the term"Client"shall also Include Ilia principal Information obtained from borings,observations and analyses TSC's proposal together with payment of an additional lea for whom the services are being performed,Prices quoted of sample materials shall be reported In formals considered In the amount of 5%of TSC's estimated cost for Its services and charged by TSC for Its services are predicated on the appropriate by TSC unless directed otherwise by Client. (to be adjusted to 5%of the amount actually billed by TSC conditions and the allocations of risks and obligations Such Information is considered evidence,but any Inference far its services on the projectel time of completion),the limit expressed in these General Conditions. Unless otherwise or conclusion based thereon Is,necessarily,an opinion also on damages shall be Increased to$500,000 or the amount stated In writing,Client assumes sole responsibility for based on engineering judgment and shall not be construed of TSC's fee,whichever Is the greater.This charge Is not to determining whether the quantity and the nature of the as a representation of fact.Subsurface conditions may not be construed as being a charge for Insurance of any type, services ordered by Client are adequate and sufficient for be uniform throughout an entire site and ground water but is Increased consideration for the exposure to an award Client's Intended purpose. Unless otherwise expressly levels may fluctuate due to cilmallc and other variations. of greater damages. assumed In writing,TSC's services are provided exclusively Construction materials may vary from the samples taken. for client.TSCshall have no duty or abllgallon other than those Unless otherwise agreed In writing,the procedures employed 11. INDEMNITY: Subject to the provisions set forth herein, duties and obligations expressly set forth in this Agreement. by TSC are not designed to detect Intentional concealment TSC and Client hereby agree to Indemnity and hold harmless TSC shall have no duly to any third party.Client shall or misrepresentation of facts by others. each other and their respective shareholders,directors, communicate these General Conditions to each and every officers,partners,employees,agents,subsidiaries and party to whom the Client transmits any report prepared by 7.DOCUMENTS AND SAMPLES: Client is granted an division(and each of their heirs,successors,and assigns) TSC.Ordering services from TSC shall constitute acceptance exclusive license to use findings and reports prepared from any and all claims,demands,liabilities,suits,causes of of TSC's proposal and these General Conditions, and Issued by TSC and any sub-consultants pursuant to action,judgments,costs and expenses,Including reasonable this Agreement for Ilia purpose set forth In TSC's proposal attorneys'fees,arising,or allegedly arising,from personal 2,SCHEDULING OF SERVICES:The services set forth In this provided that TSC has received payment In lull for Its Injury,Including death,property damage,Including loss of use Agreement will be accomplished In ailmely and workmanlike services.TSC and,If applicable,Its sub-consultant,retain thereof,due In any manner to the negligence of either of them manner.If TSC Is required to delay any part of its services all copyright and ownership Interests in the reports,boring or their agents or employees or Independent contractors.In to accommodate the requests or requirements of Client, logs,maps,field data,geld notes,laboratory test data and the event both TSC and Client are found to be negligent or regulatory agencies,or third parties,or due to any cause similar documents,and the ownership and freedom to use atfault,then any liability shall be apportioned between them beyond its reasonable control,Client agrees to pay such all data generated by It for any purpose.Unless otherwise pursuentto their pro rate share of negligence orfauILTSCand additional charges,If any,as may be applicable. agreed In writing,test specimens or samples will be Client furtheragres that their liability to any third party shall, disposed Immedlately upon completion of the test.All drilling to the extent permitted by law,be several and not joint.The 3.ACCESS TO SITE: TSC shall take reasonable measures samples or specimens will be disposed sixty(60)days after liability ofTSC underthis provision shall not exceed the policy and precautions to minimize damage to the site and any submission of TSC's report. limits of Insurance carried by TSC.Neither TSC nor Client Improvements located thereon as a result of Its services or shall be bound under this indemnify agreement to liability the use of Its equipment;however,TSC has not Included In 8.TERMINATION:TSC'sobligation to provide services may be determined in a proceeding In which It did not participate Its foe the cost of restoration of damage which may occur.If terminated by either party upon.(7)seven days prior written represented by Its own Independent counsel.The Indemnllles Client desires or requires TSC to restore the site to its former notice. In the event of termination of TSC's services,TSC provided hereunder shall not terminate upon the termination condition,TSC will,upon written request,perform such shall be compensated by Client for all services performed up or expiration of this Agreement,but may be modified to the additional work as Is necessary to do so and Client agrees to and Including the termination date,Including reimbursable extent of any waiver of subrogation agreed to by TSC and to pay to TSC the cost thereof plus TSC's normal markup for expenses.The terms and conditions of these General paid for by Client, overhead and profit. Conditions shall survive the termination of TSC's obligation to provide services. 12,SUBPOENAS:TSC's employees shall not be retained as 4.CLIENT'S DUTY TO NOTIFY ENGINEER:Client represents expert witnesses except by separate,written agreement. and warrants that Client has advised TSC of any known or 9.PAYMENT:Client shall be Invoiced periodically for services Client agrees to pay TSC pursuant to TSC's then current fee suspected hazardous materials,utility lines and underground performed.Client agrees to pay each invoice within thirty(30) schedule for any TSC employea(s)subpoenaed by any party structures at any site at which TSC Is to perform services days of Its receipt.Client further agrees to pay Interest on as an occurrence witness as a result of TSC's services, under this agreement. all amounts Invoiced and not paid or objected to In writing for valid cause within sixty(60)days at the rate of twelve 13.OTHER AGREEMENTS:TSC shall not be bound by 5,DISCOVERY OF POLLUTANTS:TSC's services shall not (12%)per annum(or the maximum Interest rate permitted by any provision or agreement(1)requiring or providing for include Investigation for hazardous materials as defined by applicable law,whichever Is the lesser)until paid and TSC's arbitration of disputes or controversies arising out of this the Resource Conservation Recovery Act,42 U.S.C.§6901, costs of collection of such accounts,including court costs Agreement or its performance,(II) wherein TSC wolves any el,seq.,as amended("RCRA')or by any slate or Federal and reasonable attorney's fees, rights to a mechanics Ilan or surely bond claim;(ill)that statute or regulation. In the event that hazardous materials conditions TSC's right to receive payment for Its services are discovered and Identified by T3C,TSC's sole duty shall 10,WARRANTY: TSC's professional services will be upon payment to Client by any third party or(Iv)that requires be to notify Client. performed,Its findings obtained and Ile reports prepared TSC to Indemnify any party beyond its own negligenceThese In accordance with these General Conditions and with General Conditions are notice,where required,that TSC shall 6, MONITORING: If this Agreement includes testing generally accepted principles and practices.In performing Its file a Ilan whenever necessary to collect post due amounts. construction materials or observing any aspecto(construction professional servicas,TSC will use that degree of care and skill This Agreement contains the entire understanding between of Improvements,Client's construction personnel will ordinarily exercised under similar circumstances by members the parties.Unless expressly accepted by TSC In writing verity that the pad is properly located and sized to meet of Its profession.In performing physical work In pursuit of prior to delivery of TSC's servlces,Client shall not add any Client's projected building loads.Client shall cause all Its professional services,TSC will use that degree of care conditions or Impose conditions which are In conflict with tests and Inspections of the site,materials and work to and skill ordinarily used under similar circumstances.This those contained herein,and no such additional orconRlcling be timely and properly performed In accordance with warranty Is In Ileu of ell otherwarranttes or representations, terms shall be binding upon TSC.The unenforceabllity or the plans,specifications,contract documents,and TSC's alther express or Implied.Statements made In TSC reports Invalidity of any provision or provisions shell not render any recommendations. No claims for loss,damage or injury are opinions based upon engineering judgment and are not other provision or provisions unenforceable or Invalid.This shall be brought againstTSC unless all tests and Inspections to be construed as representations of fact. Agreement shall be construed and enforced In accordance have been so performed and unless TSC's recommendations with the laws of the State of Illinois.In the event of a dispute have been followed. Should TSC or any of Its employees be found to have been arising out of orrelalingto the performance of thisAgreement, negligent In performing professional services or to have made the breach thereof or TSC's services,the parties agree to TSC's services shall not Include determining or Implementing and breached any express or Implied warranty,representation try In good fallh to settle the dispute by medlatlon under the means,methods,techniques or procedures of work or contract,Client,all parties claiming through Client and the Construction Industry Mediation Rules of the American done by the coniractor(s)being monitored or whose work Is all parties claiming to have in any way rolled upon TSC's Arbllration Associallon as a condition precedent to tiling any being tested. TSC's services shall not Include the authority services or work agree that the maximum aggregate amount demand for arbitration,or any petition orcomplaintwith any to accept or reject work or to In any manner supervise of damages forwhlchTSC,IlsoRlcere,emptoyessandagents court.Paragraph headings are for convenience only and shall the work of any contractor.TSC's services or[allure to shall be liable Is limited to$50,000 or the total amount of not be construed as Ilmlting the meaning of the provisions perform some shall not In any way operate or excuse any the fee paid to TSC for Its services performed with respect contained In these General Conditions. contractor from the performance of Its work In accordance to the project,whichever amount Is greater. Rerouoa (k L;,I !jj Project Data Sheet TESTING SERVICE CORPORATION Distribute Reports as Follows: General Information: Name: Project Name: Company: Project Address: Address: City/Slate/Zip: City/State/Zip: Project Manager: Telephone: Telephone: Fax: Fax: Site Contact: Name: Telephone: Company: Fax: Address: Send Invoice To: City/Slate/Zip: Purchase Order No: Telephone: Altenlion: Fax: Company: Address: Name: City/Slate/ZIP: Company: Telephare: Address: Fax: City/Slate/Zip: Important Notes: Telephone: Fax: Name: Company: Completed By: Address: Signature: City/Stale/Zlp: Name: Telephone: Date: Fax: Reviewed By: Agenda Item Number O J 1 AM T Legal ❑ Mayor#3 EST. 1836 Finance ❑ weer En � g Tracking Number City Administrator F-1 0 O -1-- 0 Consultant ❑ = Y PW 2011-71 It E Agenda Item Summary Memo Title: Safe Routes to School Meeting and Date: City Council—January 10, 2012 Synopsis: General Update Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: See attached staff memo. December 16, 2011 Mr. Roger Blakely Illinois Department of Transportation—District 3 Bureau of Local Roads and Streets 700 East Norris Road Ottawa, IL 61350 Re: Safe Routes to School Modification Requests United City of Yorkville Section 10-00040-00-SW Dear Mr. Blakely: Per the Department's request in the coordination meeting held on December 8'h, 2011, herein please find the City's options to modify the scope and limits of the proposed Safe Routes to School project, Section Number 10-00040-00-SW. Option 1 Additional funding to complete all sidewalk listed in application The current funding value for the improvements is $231,000. In order to complete the improvements that were shown in the original application and assuming the new sidewalk would be five (5)feet in width, the City would like to request an additional amount of$237,500 bringing the total project value to $468,500.00. If the City is allowed to install the sidewalk at a reduced width of four (4') feet, then the City would only need to request an additional amount of$161,500 bringing the total project value to $392,500.00. Option 2 Reduce scope at four(4') feet wide: If the funds cannot be increased as seen in option 1 and the City is allowed to install four(4)foot sidewalk, the following scope changes would need to be made in order to keep the project value within the original project value of $231,000. The City is requesting that the attached map be considered as the new project map. The notable changes are as follows: a. State Street North—removed from project b. Main Street—removed from project c. Madison Street—removed from project d. Olsen Street—removed from project e. Walter Street—removed from project f. Illini Drive—removed from project g. Morgan Street — only install sidewalk from Fox Street to Washington Street for connectivity Mr. Roger Blakely December 16, 2011 �t Page 2 Option 3 Reduce scope at five �5 Lfeet wide_ If the funds cannot be increased and the City would not be allowed to install the sidewalk at four (4') feet, the following scope changed would need to be made in order to keep the project value within the original amount of $231,000. The City is requesting that the attached map be considered as the new project map. The notable changes are as follows: a. State Street North—removed from project b. Main Street—removed from project c. Madison Street—removed from project d. Olsen Street—removed from project e. Walter Street—removed from project f. Illini Drive— removed from project g. Morgan Street—removed from project h. Adrian Street—removed from project Once an option has been approved it is our intent to continue forward with design engineering and target a letting in the spring of 2012. It is still the City's intent to do any preliminary work in advance of the sidewalk construction by the low bidder. This will consist of mainly the installation of any ditch culverts, relocation of various landscape elements and/or shrub removal. Please contact me at your earliest convenience to discuss these scope and limit changes. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President Enclosures PC: Mr. Bart Olson, City Administrator Ms. Laura Schraw, Interim Director of Parks and Recreation Ms. Krysti Barksdale-Noble, Community Development Director Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk JMB, JWF, EEI G:\Public\Yorkville\2011\Y01114-C Safe Routes to Schoo1\Dots\Ib1ake1y02.doc UNITED CITY OF YORKVILLE SAFE ROUTES TO SCHOOL PRELIMINARY COST ESTIMATE OPTION 1 (5'WALK) DECEMBER 16,2011 ROADWAY T w w 2 CD Z U p O Q 0 O Z Z ~z (D O Q z O z = Lu z p Z w Q Z 0 rx U)w W 0' J Q h to co 0) J J H UNIT TOTAL TOTAL ui i g Q Oo v~i = u� w O PAY ITEM DESCRIPTION UNIT COST QUANTITY COST 1 PCC SIDEWALK REMOVAL&REP,SPECIAL SF $ 6.50 7 540 $ 49,010 00 350 25 25 90 50 125 0 0 0 6850 0 0 25 0 0 0 2 PCC SIDEWALK,5-INCH,SPECIAL SF $ 5.50 40,125 $ 220,687.50 200 500 700 8500 3600 3000 3500 3000 4425 0 2175 2500 2375 2875 2200 575 3 DETECTABLE WARNINGS SF S 25.00 808 $ 20,200 00 32 32 16 136 128 80 24 40 64 96 0 48 24 24 48 16 4 DRIVEWAY PAVEMENT REMOVAL SY $ 10.00 54 $ 540,00 0 0 0 36 0 0 0 0 18 0 0 0 0 0 0 0 5 HMA DRIVEWAY PAVEMENT,SPECIAL SY $ 50.00 37 S 1,85000 0 0 0 18 0 0 0 0 9 0 10 0 0 0 0 0 6 THERMOPLASTIC PAVT.MARKINGS,LINE-6" FT $ 1.50 1,605 S 2,407.50 130 65 0 360 180 0 120 60 240 180 90 60 60 60 0 0 7 PIPE CULVERTS,CLASS C,TYPE I,10" FT $ 60.00 30 $ 2,400.00 0 0 0 30 0 0 0 0 0 0 0 0 0 0 0 0 8 METAL END SECTIONS, 10" EA $ 200.00 2 $ 400.00 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 9 TREE REMOVAL UNIT $ 40.00 234 $ 9,360.00 0 0 16 0 0 '2 0 0 0 60 0 0 56 30 0 0 10 SHRUB REMOVAL EA $ 75.00 11 $ 82500 0 0 0 5 0 0 0 0 5 0 0 0 0 1 0 0 1' RESTORATION SY $ 6.00 4,459 $ 26,754 00 49 47 64 986 324 278 311 267 393 609 193 222 213 256 196 51 12 STRUCTURE ADJUSTMENT EA $ 300.00 1 $ 30000 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 13 STORM SEWER EXT Wl NEW STRUCTURE EA $ 4,50000 1 $ 4,500.00 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 14 LANDSCAPE WALL REMOVAL EA S 2,500.00 1 $ 2,500.00 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 15 DITCH GRADING FT $ 1500 100 $ 1,500.00 0 0 0 100 0 0 0 0 0 0 0 0 0 0 0 0 16 TIMBER RETAINING WALL REMOVAL&REP SF S 30.00 120 $ 3,60000 0 0 0 60 0 0 0 0 0 0 0 0 60 0 0 0 17 FIRE HYDRANT TO BE RELOCATED EA $ 3,00000 1 $ 3,000.00 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 18 TRAFFIC CONTROL AND PROTECTION LS $ 15,000.00 1 $ 15,000.00 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 19 MOBILIZATION LS $ 23,000 00 1 $ 23,000.00 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 CONSTRUCTION ESTIMATE TOTAL $ 387,834.00 CONSTRUCTION ENGINEERING(15%) $ 58,180.00 TOTAL PROJECTED PROJECT COST $ 446,014.00 TOTAL PROJECTED COST W/5%CONTINGENGY S 468,320 00 G:IPublic\Yorkville120111,YO1114-C Safe Routes to School\EngWpdated Estimate SWM.xIs UNITED CITY OF YORKVILLE SAFE ROUTES TO SCHOOL PRELIMINARY COST ESTIMATE OPTION 1 (4'WALK) DECEMBER 16,2011 ROADWAY = w 2 w Z Z 0 O z O O Z Z O ¢ Z O z 2 F Z 0 z w w w C7 _ < a w O w co w -j ¢ D vri u, c~n uwi UNIT TOTAL TOTAL v~i z 2 3 ¢ o v~i = O E PAY ITEM DESCRIPTION UNIT COST QUANTITY COST 1 PCC SIDEWALK REMOVAL&REP.,SPECIAL SF $ 6.50 6,032 $ 39,208.00 280 20 20 72 40 100 0 0 0 5480 0 0 20 0 0 0 2 PCC SIDEWALK,5-INCH.SPECIAL SF $ 5.50 32,100 $ 176,550 00 160 400 560 6800 2880 2400 2800 2400 3540 0 1740 2000 1900 2300 1760 460 3 DETECTABLE WARNINGS SF $ 25.00 606 $ 15,150.00 24 24 12 102 96 60 18 30 48 72 0 36 18 18 36 12 4 DRIVEWAY PAVEMENT REMOVAL SY $ 10.00 54 $ 540.00 0 0 0 36 0 0 0 0 18 0 0 0 0 0 0 0 5 HMA DRIVEWAY PAVEMENT,SPECIAL SY $ 50.00 37 $ 1,850.00 0 0 0 18 0 0 0 0 9 0 10 0 0 0 0 0 6 THERMOPLASTIC PAVT.MARKINGS,LINE-6' FT $ 1.50 1,605 $ 2,407.50 130 65 0 360 180 0 120 60 240 180 90 60 60 60 0 0 7 PIPE CULVERTS,CLASS C,TYPE I,10" FT $ 8000 30 S 2,400.00 0 0 0 30 0 0 0 0 0 0 0 0 0 0 0 0 8 METAL END SECTIONS,10" EA $ 200.00 2 $ 40000 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 9 TREE REMOVAL UNIT $ 40.00 234 $ 9,360.00 0 0 16 0 0 72 0 0 0 60 0 0 56 30 0 0 10 SHRUB REMOVAL EA $ 75.00 11 $ 825.00 0 0 0 5 0 0 0 0 5 0 0 0 0 1 0 0 11 RESTORATION SY $ 6.00 4,459 $ 26,754.00 49 47 64 986 324 278 311 267 393 609 193 222 213 256 196 51 12 STRUCTURE ADJUSTMENT EA $ 300.00 1 $ 300.00 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 13 STORM SEWER EXT W/NEW STRUCTURE EA $ 4,500.00 1 $ 4500.00 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 14 LANDSCAPE WALL REMOVAL EA $ 2,500.00 1 $ 2500,00 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 15 DITCH GRADING FT $ 15.00 100 S 1,500.00 0 0 0 100 0 0 0 0 0 0 0 0 0 0 0 0 16 TIMBER RETAINING WALL REMOVAL&REP SF $ 30.00 120 $ 3,60000 0 0 0 60 0 0 0 0 0 0 0 0 60 0 0 0 17 FIRE HYDRANT TO BE RELOCATED EA $ 3,000.00 1 5 3,00000 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 18 TRAFFIC CONTROL AND PROTECTION LS $ 15,000.00 1 $ 15,000.00 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 19 MOBILIZATION LS $ 19,000.00 1 $ 19,000.00 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 CONSTRUCTION ESTIMATE TOTAL $ 324,844.50 CONSTRUCTION ENGINEERING(15%) $ 48,730.00 TOTAL PROJECTED PROJECT COST $ 373,574 50 TOTAL PROJECTED COST W/5%CONTINGENGY $ 392,260.00 UNITED CITY OF YORKVILLE SAFE ROUTES TO SCHOOL PRELIMINARY COST ESTIMATE OPTION 2 DECEMBER 16,2011 ROADWAY x w x w z U z p O p O z z O a z_ O z x F z p z w z o z � x ai a 0- F rn x F w ¢ 0 w ¢ L e JO w Q u� O g _� UNIT TOTAL TOTAL � S ¢ O U) x g J PAY ITEM DESCRIPTION UNIT COST QUANTITY COST 1 PCC SIDEWALK REMOVAL&REP.,SPECIAL SF $ 6.50 5,620 $ 36,530.00 0 40 100 0 0 0 5480 0 0 2 PCC SIDEWALK,5-INCH,SPECIAL SF $ 5.50 18,900 $ 103.950.00 1140 2880 2400 2800 2400 3540 0 1740 2000 3 DETECTABLE WARNINGS SF S 25.00 372 $ 9,300.00 12 96 60 18 30 48 72 0 36 4 DRIVEWAY PAVEMENT REMOVAL SY $ 10.00 18 $ 180.00 0 0 0 0 0 18 0 0 0 5 HMA DRIVEWAY PAVEMENT,SPECIAL SY $ 50.00 19 $ 950.00 0 0 0 0 0 9 0 10 0 6 THERMOPLASTIC PAVE MARKINGS,LINE-6" FT $ 1.50 930 $ 1,395.00 0 180 0 120 60 240 180 90 60 7 PIPE CULVERTS,CLASS C,TYPE I,10' FT $ 80.00 0 $ 0 0 0 0 0 0 0 0 0 8 METAL END SECTIONS,10" EA $ 200.00 0 $ 0 0 0 0 0 0 0 0 0 9 TREE REMOVAL UNIT $ 40.00 132 $ 5,280.00 0 0 72 0 0 0 60 0 0 10 SHRUB REMOVAL EA $ 75.00 5 $ 375.00 0 0 0 0 0 5 0 0 0 11 RESTORATION SY S 6.00 2,724 $ 16 344.00 127 324 278 311 267 393 609 193 222 12 STRUCTURE ADJUSTMENT EA S 300.00 0 $ - 0 0 0 0 0 0 0 0 0 13 STORM SEWER EXT.W/NEW STRUCTURE EA S 4,500.00 0 $ 0 0 0 0 0 0 0 0 0 14 LANDSCAPE WALL REMOVAL EA $ 2,500.00 0 $ 0 0 0 0 0 0 0 0 0 15 DITCH GRADING FT $ 15.00 0 $ 0 0 0 0 0 0 0 0 0 16 TIMBER RETAINING WALL REMOVAL&REP SF $ 30.00 0 $ 0 0 0 0 0 0 0 0 0 17 FIRE HYDRANT TO BE RELOCATED EA $ 3,000.00 0 $ 0 0 0 0 0 0 0 0 0 18 TRAFFIC CONTROL AND PROTECTION LS S 5,000.00 1 $ 5.000.00 0 0 0 0 0 0 1 0 0 19 MOBILIZATION LS S 12 000.00 1 $ 12,000.00 0 0 0 0 0 0 1 0 0 CONSTRUCTION ESTIMATE TOTAL $ 191,304.00 CONSTRUCTION ENGINEERING(15%) $ 28,700 00 TOTAL PROJECTED PROJECT COST S 220,004.00 'T'OTAL PROJECTED COST W/5%CONTINGENGY $ 231,010.00 UNITED CITY OF YORKVILLE SAFE ROUTES TO SCHOOL PRELIMINARY COST ESTIMATE OPTION 3 DECEMBER 16,2011 ROADWAY = w = w z 0 z c0 O 00 Q O OF z z O G z o z =I - z O z w ui Z F- 2 F W UNIT TOTAL TOTAL a) m 2 g 3 ¢ o 0 i w PAY ITEM DESCRIPTION UNIT COST QUANTITY COST 1 FCC SIDEWALK REMOVAL&REP,SPECIAL SF $ 6.50 7,025 $ 45,562.50 50 125 0 0 6850 0 0 2 PCC SIDEWALK,5-INCH,SPECIAL SF S 5.50 17,600 $ 96,800.00 2500 3000 3000 4425 0 2175 2500 3 DETECTABLE WARNINGS SF $ 25.00 456 $ 11,400.00 128 80 40 64 96 0 48 4 DRIVEWAY PAVEMENT REMOVAL SY $ 10.00 18 $ 180 00 0 0 0 18 0 0 0 5 HMA DRIVEWAY PAVEMENT,SPECIAL SY $ 50.00 19 $ 95000 0 0 0 9 0 10 0 6 THERMOPLASTIC PAVT.MARKINGS.LINE-G' FT S 1.50 810 $ 1,215.00 180 0 60 240 180 90 60 7 PIPE CULVERTS,CLASS C,TYPE I,10" FT S 80.00 0 $ 0 0 0 0 0 0 0 8 METAL END SECTIONS,10" EA 5 200.00 0 $ 0 0 0 0 0 0 0 9 TREE REMOVAL UNIT S 40.00 132 $ 5,280.00 0 72 0 0 60 0 0 10 SHRUB REMOVAL EA $ 75.00 5 5 37500 0 0 0 5 0 0 0 11 RESTORATION SY $ 6.00 2,189 S 13,134.00 227 276 267 393 609 193 222 12 STRUCTURE ADJUSTMENT EA $ 300.00 0 $ - 0 0 0 0 0 0 0 13 STORM SEWER EXT.Wf NEW STRUCTURE EA $ 4,500.00 0 $ 0 0 0 0 0 0 0 14 LANDSCAPE WALL REMOVAL EA $ 2,500.00 0 $ 0 0 0 0 0 0 0 15 DITCH GRADING FT $ 15.00 0 $ 0 0 0 0 0 0 0 16 TIMBER RETAINING WALL REMOVAL&REP SF $ 30.00 0 $ 0 0 0 0 0 0 0 '17 FIRE HYDRANT TO BE RELOCATED EA $ 3,000.00 0 $ 0 0 0 0 0 0 0 18 TRAFFIC CONTROL AND PROTECTION LS S 5,000.00 1 $ 5,00000 0 0 0 0 1 0 0 19 MOBILIZATION LS $ 12.000.00 1 $ 12,000.00 0 0 0 0 1 0 0 CONSTRUCTION ESTIMATE TOTAL $ 191,996 50 CONSTRUCTION ENGINEERING(15%) $ 28,800 00 TOTAL PROJECTED PROJECT COST S 220.796.50 TOTAL PROJECTED COST W/5%CONTINGENGY $ 231,840.00 Fox River m -------- - - r7 - - _ - 4 --- -- - _ I it 1 i I7•-- Ix ---_ ^'• �..-,,. a+ -- - ---- -- �►dr_�ulr� Vie; ' - _ , �--, j - - - - ---,-- �. 1"ydrlaulic - I f `. - li}' ulic Ave ' LE - ••' - - Ridg _ - � _ r 1 II I •� �O I ' 1 - — i' � � I - ";----- _ � I jam,; � � � I ' 1 � I v/ ; '+i li •,- -- r -;- - ---- � � - - ' /\ t -�-kid in�fon St j s s. AV -- - _ t VIA wD On RD St 1 �'--_ -ti` t I i ---' - - ---- -- �- — 0 200 400 � � Feet Iter. t. i I ain 1. 1 _177 i Legend _ T ,r _ f I r ` ! L .+ Existing Sidewalks Safe Routes to School 2ai3 S ! "_� ._ _ _ _ may { I Limit Changes _ - —1- C Dropped !, ti -� 1 -4.1 LW ol, Relocated Constructed Since Application m Engineering Enterprises,Inc. United CRY of Yorkville gym' CDNSULTMG ENWHEERS NO Game Farm PAW lo: SAFE ROUTES LOCATION MAP 52 Wl adwRoad Yo-kvNle,IL 60560 -- TM TO SCHOOL sugv Gma,lmvk us" (630)553-4350 nm WITH LIMIT CHANGES (OD)466-6700/wwwAO*mb=n http;//www.yorWileil.us „�. ,�,,,, uNITEDarroFrORxvnLE -OPTION#1 13 KENDALL COUNTY,ILLINDIS MOMrM ND. DATE REVL40N5 II ------------ I- --- -- -_� Fax Rives L _W e. Wic Av. Icr - CL I -- I --` - -- Q ►Sty St I i Ile ter IL - - - - --- ' I -- i - - - -I ;� 1 +I i I iII I ` `.` / .i'r l rl �.. �� f-_- l_. i ---i '_ '--•i'..._ ,d r;-;_...I _._'_ _ _ i -.--_�.- __ I--i 1 ( -1 I I _I ( . ` 1�-- t' ..i > .�. I ~'� \ � ,� � j.._ •+�11YYI 1 ---f�-=--1 `.. .i I _� `— -1d�1.-Q,�Q.� CIS( _- ! j r i � i � ' !—-- -- - ; ..�' � I { , L •^�, 1 _ { jk amt _ ; -- _ �- 0 200 400 ewe S I I ' ( —i I �- -t~- r i �'•. Feet I _ Legend Existing Sidewalks Safe Routes to School 55 \ Limit Changes Dropped Relocated Constructed Since Application Engineering Enterprises,Inc. United City of Yorkville a� eonsuLTUM 2reer11I21ns 6w rmrc Fann wee --- LOCATION MAP 32 Weeder Road Yorkw�,0.60560 SAFE swm�,�60554 TO SCHOOL WITH LIMIT CHANGES (M)466-6700/wwrr.erAKb.ow, h4./553,350 '""` UNUED QTY OF YORKVn.E -OPTION#2 0 �0�//www.yakAneO.vs _ wew,a,rnw�wmoiwo��u N07 DATE REV1S10NS MDALL WUMY,RUNOIS NORTH _ _ r Fox River r + -, 7dr r -- I_ _ Ytt1c Ave Ytl►c f , ,- --, - Mtno � r aft r I i q � r �I _ -.�, i-I ii '�I __•_� O I , i - ---. .--•_' f - I —1 - id @ ED 'FOB J.. •; I I r C Lr — - "� ` I �� --- -T--- ` I 0 200 400 L - -� - - l �? I , Feet Legend ,. Existing Sidewalks Safe Routes to School i ' Limit Changes ;._. 1 Dropped FT Relocated Constructed Since Application Engineering Enterprimm,Inc. United City of Yorkville a o„NFULTM BMWERS 600 c�Form Road SAFE ROUTES SZWhMer RMW Yaw*,IL 60560 �*�� TO SCHOOL LOCATION MAP ( Sugar ,V� � (630)5534350 MM WITH LIMIT CHANGES I uNnw arr OF YORMu.E -OPTION#3 mp:/)www.yorkvii e.ii.us °�°`°°" �°°'" KENDALL COUIYTIr,ILL]NOIS NORTH NO. DAZE REMON5 C/ry Reviewed By: Agenda Item Number ? O J j a Legal ❑ EDC #1 Finance F1 EST. `._! 1836 Engineer ❑ Tracking Number City Administrator Consultant El s£� ca�asea EDC 2012-04 /t E �tY ❑ Agenda Item Summary Memo Title: Proposed New Residential Construction Incentive Program Meeting and Date: CC-January 10, 2012 Synopsis: Proposed building permit& impact fee incentives to spur new residential construction. Council Action Previously Taken: Date of Action: 1/3/2012 Action Taken: EDC Recommendation Item Number: #5 Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: Memorandum EST. ^l _ 1836 ---- To: City Council p �r!�fl ~ From: Krysti J. Barksdale-Noble, Community Development Director Coun�Scaz CC: Bart Olson, City Administrator '<ItE Date: January 4, 2012 Subject: Proposed New Residential Construction Incentive Program At the January 3rd Economic Development Committee (EDC) meeting, staff proposed offering building permit and impact fee reductions as a way to spur development. Upon considering the previous fee research presented over the past several months, and recent staff discussions with developers/homebuilders interested in purchasing undeveloped subdivisions or vacant lots within existing subdivisions, the EDC has recommended the approval of a comprehensive incentive/stimulus package for new residential construction. The proposed City of Yorkville's Buyers of Undeveloped Infill Lot Discount program (or B.U.I.L.D.) would contain the following two (2) builder/buyer incentives available for all new residential construction: I. Delayed & Reduced Payment of Buildinp, Permit/Impact Fees To assist the developer/builder, the building permit and impact fees will be paid at the time the certificate of occupancy is issued, rather than prior to construction. This flexibility in the timing of the City receiving payment for permits would allow builders to move forward with construction without this up-front expense. Since this will require the City to "front-fund" any out-sourced inspections (e.g. plumbing, engineering), staff suggests requiring a time limitation of 6 months to 1 year before payment is required or proof that the lot has been sold to a buyer prior to construction to address the concern of"lag time" between building permit issuance and final occupancy. In addition to the delayed payment of building permit fees, staff proposes a reduction in the current the Municipal Building Fee from $5,509 per unit to $1,759 per unit. II. Residential Building Permit Fee Rebate To assist the homebuyer of new residential construction in Yorkville, the City would discount certain building permit fees up to $5,000 and rebate this fee, along with a matching contribution of up to $5,000 from the developer/homebuilder, to the homebuyer at the time of closing. The total cash incentive of up to $10,000 to the new homebuyer is a significant "draw" for new construction purchases and widens the market options beyond foreclosed or short sale properties. Staff proposes limiting the rebate to no more than thirty (30) building permits per fiscal year and reducing the following permit fees, listed in order of priority, to fund the $5,000 homebuyer rebate: 1 UNITED CITY OF YORKVILLE FEE FEE AMOUNT FOR SF DWELLING UNIT Water Connection Fee $3,700' City Sewer Connection Fee $2,000.00 Building Permit Fee $650.00 plus$0.20 per square foot Public Works Fee $700.00 Due to the range of building permit fee structures approved in annexation agreements for the various residential subdivisions in Yorkville, the amount and type of fee discounted will differ slightly by development to arrive at the overall $5,000 fee rebate. For your reference, attached is a spreadsheet prepared by staff of current permit fee schedules for Yorkville residential subdivisions. STAFF COMMENTS & REQUESTED ACTION Several neighboring communities, such as Plainfield and Sugar Grove, have implemented some variation of either a building permit fee reduction or new construction homebuyer incentive program. Additionally, Meadowbrook Homes, a local homebuilder who have constructed over forty (40) new homes within the past year with a similar program in Minooka, has expressed interest in duplicating that success here in Yorkville. Should the City Council be favorable to the proposed B.U.I.L.D. program, a draft ordinance has been prepared by the City Attorney outlining the specifics of the incentive plan for your consideration. Staff and a representative from Meadowbrook Homes will be available at Tuesday night's meeting to discuss the proposed incentive package in greater detail and answer questions. Water Connection Fee of$3,700 became effective on June 15,2006. 2 Residential Building & Development Fees River Building Pe snit Water walel Meier Sewer Public Walks Capital Fees Land/Cash Road R�,,,ilr1Fne Crossin g Development Fees- Connection SFD SFA Connection Driveway (Development) SMSFA Contribution n Fae Autumn Creek 1,150 1,330/1,140 485 0 60 2,800 2,087,0911,222.20 Blackberry North' 1,150 3,700 390 2,000 60 1,150 1,960 97,388 � Blackberry Woods 1,150 2,660 390 2,000 60 2,800 5,348.18 2.000 Briarwood-Cornerstone 11150 3,185 390 200 611 2,800 4,392 1,298-50 Bristol Bay 1,150 390/485 2,000 (ill 2,550 0 2,000 2,600/2,280 Z 1,140(1 bed) Caledonia 1,150 2,660 390 2,000 60 2,100 4,392.117 Cannonball Estates 11150 3,700 390 2,000 60 8,009 2,677 950.25 Cimarron Ridge Unit 12 1,150 3,700 390/485 2,000 60 1,150 3,161/1„370 Cimarron Ridge Unit 22 1,150 3,700 390/485 2,000 60 1,150 II 10 Country Hills Unit 1' 1,150 3;700 390/485 2,000 60 1,150 1.6222/738 1,298.50 171,50 SFD 1,113.00 147.00 SFA Country Hills Unix 2' 11150 3,700 390/485 2,000 110. 1,150 1,622/'738 - 1,298.30 171.40 SFD 1,113:00 147.t_10 SFA Fox Highlands 1,150 3,700/3,171 390/485 200 60 1,150 3.298/1,470 171 147.00 SFD SFA Foxfield II-1 1,150 2,660 390 2,000 60 1,150 3,958 Fox Hill' 1.150 3;700/3,.171 390/485 2,000 60 1,150 853/338/214 1;586(1 bed) Grande Reserve 1.150 0 39014.85 500 60 BKFD 2,000 • 1,8832.32.70 OFPD Green Briar' 1,150 3,700 3901485 2,000 (i0 1,150 1,92411, 7 1,2911:50 " s 171.50 04 1,113.00 147.00 ' Heartland' 1,150 -3,700 390/485 2,000 60 1,150 11892 Heartland Circle 1,150 3,700 390 2,000 64) 1,200 [I Kendallwood Estates E,150 3,700 390 2,000 60 n/a 9,822.86 67.99 Kylyn's Ridge 1,150 800 390 2,000 60 1,200 3,520 Montalbano Homes' 1.150 2,280 485 2,000 6t1 1,050 1,764 Z i 171(2 bedl d) 676.00 Prairie Gardens 1,150 1,58611 hc 435 2,000 611 1,150 1,647 183.02 82.00 Residential Building & Development Fees Prairie Meadows 1,150 3,700 390/485 2,000 611 1,050 Lots 1-18 Prairie Meadows 1.150 - 3,700 3916 2,000 60 1,800 Lots 19-164 Prestwick 1,150 2,660 390 2,000 60 2,050 6,432.17 2,000 Raintree Village' 1.150 800 485 2,000 60 2,500 I Rivers Edge 1,150 3,700 390 2,000 60 8,009 I,737 171.50 Sunflower 1.150 3,700 390 2,000 60 1,150 2,601 171.50 Whispering Meadows 1.1511 2,600 390 2,000 60 1,650 2,096.41 973.88 White Oak Units 1&2' 1,150 3,700 390 2,000 60 1,150 2.079 171.50 White Oak Unit 3Z 1,150 3,700 3'111 2,000 6111 1,150 3,290 171.50 White Oak Unit 4' 1.150 3,700 390 2,000 60 1,150 3,298 316 171.50 Wildwood Unit 1 Z 1.150 3,700 3911 2,000 60 1,150 2,1666 1,298.50 171.50 Wildwood Unit 2 2 1.150 3,700 391) 2,000 611 1,150 1,838 1,298.50 171.50 Windett Ridge Unit 1' 1.150 800 390 0 60 1,050 Woodworth Z 1,150 3,700 390 2,000 60 1,150 1.924 Building Permit Fees: Assumes a 2,500 sq.ft.structure @$650.00+0.20 per square foot Sanitary District Fees:$1,400 per Unit Sprinklers Add$50 per unit School District Fee:$3,000 'School District Fee: $1,500 2School District Fee:-0- MEADOWBROOK H0MES . INC December 22, 2011 Via Email Mr. Bart Olsen City Administrator City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Building Homes in Yorkville Dear Bart, My father and I enjoyed meeting with you, Krysti & Lynn last week. As you know, in 2005 Meadowbrook Homes invested close to 5 Million Dollars in the City of Yorkville. We purchased 161 acres near the intersection of Route 47 &71 due to our strong belief that Yorkville is a great, vibrant and growing community. The meltdown in the new-construction market prevented us from developing that property. Over the course of the last year, we have found a way to sell a substantial number of homes even in the current real estate climate. Currently, our primary active development is the 379 home community: Arbor Lakes in Minooka. In the last 14 months,we have sold 46 homes in this community making it the second best selling community in the Chicagoland area. The factors that led to this success were: 1. We lowered our prices dramatically. To start we offered a 4 bedroom, 2.5 bath home for $168,500. This opened up Arbor Lakes to buyers who thought they could only afford a foreclosure. 2. We increased our standard inclusions.At these low prices we still include Certified Energy Star Construction, Granite Countertops in Kitchen & Bathrooms, Real Hardwood Floors, Basements, Upgraded Cabinets &Trim & Much more. 3. The Village of Minooka Stimulus Program. Minooka understands the benefits of encouraging buyers to build new homes in town. Therefore they created an economic Stimulus Program where any buyer who built a new home in Minooka, would receive a check for$10,000 back from the Village of Minooka.The builder would contribute$5,000 and the Village would match with an additional $5,000. This proved to be a great sales tool for buyers to build new versus buying a short sale or foreclosure. 4. Reasonable Permit Fees. The Village of Minooka has also locked in our permit fees to be in $12,000-14,000 range for our Single Family Homes. This is incredibly important in allowing us to keep our costs down. 5. Delayed Payment of Permit Fees.The Village of Minooka also allows all builders to now pay for Building Permits prior to the issuance of an Occupancy Permit. Like Plainfield and other communities, the Village of Minooka adopted this policy to help Builders'cashflow greatly in these challenging times. 479 Quadrangle Drive Suite D I Bolingbrook,IL 60440 1 P:(815)467-4700 1 F:(888)506-09501 www.mbhomes.com MEADOWBROOK H0NAES . INC Page 2 We feel that Yorkville is a more desirable location for many buyers than Minooka.We would like to duplicate our recent success by building our highly competitive homes in Yorkville. We are currently in negotiations to purchase a 100-lot subdivision in town. In order for us to move forward and invest an additional 2.5+ Million Dollars in Yorkville, we are asking for the City to implement a stimulus program that would be available to all builders similar to the program in Minooka. (Manhattan & Lockport as well as others have implemented the same program) Also,we are asking for a roll back in permit fees to an average similar to Minooka. At the same time, we would like the City to allow for building permit fees to be due at some point prior to issuance of an Occupancy Permit. Since we missed the opportunity to meet with Mr. Gary Golinski in our last visit to Yorkville, we would like for you to please arrange for such a meeting. We would like to discuss the mutual benefits for the City of Yorkville and Meadowbrook Homes by making our home building happen in early 2012. Also, if you think it would be beneficial for the discussion of the above points to be on the agenda at the January 3 Economic Development Committee meeting, we would be more than happy to attend and to provide any information that could help move this process along. The new home construction season typically begins in early February. We would like to capitalize on it with fully-staffed sales office allowing for a strong push in Yorkville. We strongly believe that together we can create a success story for Yorkville and Meadowbrook Homes. Best Regards, MEADOWBROOK HOMES, INC. Aladdin Nassar Vice President cc: Mayor Gary Golinski Krysti Barksdale-Noble Lynn Dubajic 479 Quadrangle Drive Suite D I Bolingbrook,IL 60440 1 P:(815)467-4700 1 F:(888)506-0950 1 www.mbhomes.com Ordinance No. 2012- ORDINANCE ADOPTING NEW RESIDENTIAL CONSTRUCTION INCENTIVE PROGRAM WHEREAS, in order to spur residential development in the United City of Yorkville, a comprehensive incentive and stimulus program has been recommended to be known as "Buyers of Undeveloped Infill Lot Discount" (in short, "B.U.I.L.D."); and, WHEREAS, the B.U.I.L.D. program shall have two components: (i) delayed and reduced building permit and impact fees; and (ii) a residential building permit fee rebate, all as hereinafter set forth; and, WHEREAS, the Mayor and City Council have reviewed the B.U.I.L.D. program and have determined that it is in the best interest of the City and its future growth to adopt and implement this program. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Delayed and Reduced Payment of Permit and Impact Fees. Notwithstanding any ordinances, resolutions, motions, regulations or policy applicable to residential development prior to this date, the following regulations are hereby adopted: a. Building permit and impact fees shall be due and payable in full at the time of the issuance of a certificate of occupancy on the condition that the certificate of occupancy is issued within one year of the date of the issuance of the building permit; and, b. The Municipal Fee heretofore set of$5,509.00 per unit shall be reduced to $1,759.00 per unit. 1 Section 2. Residential Building Permit Fee Rebate. Building permit fees up to $5,000 shall be rebated to a new homebuyer on the condition that the homebuyer intends the home to be such buyer's permanent residence and the developer/builder agrees to match the City's rebate dollar for dollar. Section 3. This Ordinance shall be in full force and effect immediately upon its passage by the Mayor and City Council and approval as provided by law. United City of Yorkville, Kendall County, Illinois, this day of A.D. 2012. CHRIS FUNKHOUSER GEORGE T. GILSON, JR. CARLO COLOSIMO DIANE TEELING JACKIE MILSCHEWSKI MARTY MUNNS ROSE SPEARS LARRY KOT APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2012. Mayor Attest: City Clerk 2 D C/}.y Reviewed By: Agenda Item Number 0 2 $i O Legal ❑ EDC#2 EST. `� 1836 Finance ❑ Engineer ❑ Agenda Item Tracking Number °< E &0 City Administrator O Consultant El K Y �► PC 2011-10 &ZBA 2011-02 �CCE ❑ City Council Agenda Item Summary Memo Title: 312 Walter Street(Claesson)—Request for Rezoning &Variances to the R-21) District Meeting and Date: City Council/January 10, 2012 Synopsis: Requested rezoning from R-2 District to R-21) District and variance approval for minimum lot size, minimum lot width and maximum density in the R-2D District. Council Action Previously Taken: Date of Action: N/A Action Taken: N/A Item Number: N/A Type of Vote Required: Super Majority (2/3rds) Council Action Requested: Vote Submitted by: Krysti Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached staff memorandum and supporting documents. Ordinance No. 2012- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING THE REZONING TO THE R-21)DUPLEX TWO-FAMILY RESIDENCE DISTRICT AND VARIANCES FOR THE PROPERTY LOCATED AT 312 WALTER STREET (Claesson Property) 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, Robert Claesson is the owner (the "Owner") of residential property located at 312 Walter Street, Yorkville, Illinois, (the "Subject Property") legally described on Exhibit A attached hereto and made a part hereof by reference, and is seeking rezoning from the R-2 One Family Residence District to the R-21) Duplex Two-Family Residence District; and, WHEREAS, the Owner has further requested that the Mayor and City Council of the City (collectively, the "Corporate Authorities") pursuant to Section 10-14-5D2 grant relief from the Yorkville Zoning Ordinance regulations in Section 10-6D-3-B to permit a lot size less than 15,000 square feet, Section 10-6D-3-B to permit a lot width at the building line of less than 100 feet and Section 10-6D-3-B to permit a density greater than 4.8 dwelling units per each acre for the Subject Property; and, WHEREAS, Planning Commission convened and held a public hearing on the 12th day of October, 2011, to consider the rezoning after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property; and, WHEREAS, the Planning Commission reviewed the standards set forth in Section 10-14-7B5 and made findings of fact and recommendation to the Corporate Authorities for approval of the rezoning; and, WHEREAS, the Zoning Board of Appeals ("ZBA") convened and held a public hearing on the 2nd day of November, 2011, to consider the variances requested after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property; and, WHEREAS, the ZBA reviewed the standards set forth in Section 10-14-5C of the Zoning Ordinance, and found that the requested variances did not met the standards for granting such variances; and, 1 WHEREAS, upon conclusion of said public hearing, the ZBA recommended to the Corporate Authorities denial of the requested variances to reduce the lot size by 5,852 square feet, the minimum lot width by 30 feet and the maximum density by 4.8 dwelling units per acre. 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 approve the rezoning of the Subject Property, legally described on Exhibit A, from the R-2 One Family Residence District to the R-21) Duplex Two- Family Residence District. Section 3. That the Corporate Authorities further approve variances for the Subject Property as follows: A. The reduction of the lot size from 15,000 square feet to 9,147 square feet, B. The reduction of lot width at the building line from 100 feet to 70 feet, and C. The reduction of the maximum density from 4.8 dwelling units per acre to 9.6 dwelling units per acre. Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2012. CITY CLERK 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 , A.D. 2012. MAYOR 2 o Memorandum To: Economic Development Committee EST 1: ` �_ 1836 From: Klysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Q Date: November 30, 2011 .A cwM,x.v Subject: 312 Walter Street(Claesson) Request for Rezoning to R-2D Duplex District&Variances Petitioner's Request& Background: The petitioner, Robert Claesson, is requesting rezoning of an approximately 0.21-acre residential parcel located at 312 Walter Street from R-2 One Family Residence District to R-21) Duplex Two Family District. The property currently has an existing single-family residential dwelling proposed for interior renovation after a mid-summer fire, with ultimate conversion into two (2) rental units. Although the properties within the immediate area surrounding the subject parcel are zoned R-2 One Family Residence District, several of these residential structures are duplex dwellings including the property located immediately to the west of the subject parcel. The following chart provides details of those land uses: Existing Zoning Existing Land Use Comments Residential properties.Two-family duplex North R-2 One Family Residence Residential/Duplex dwellings located at 311 Walter Street and 313 Water Street. South R-2 One Family Residence Residential Single-family dwellings. East R-2 One Family Residence Residential Single-family dwelling. West R-2 One Family Residence Residential/Duplex Residential property.Two-family duplex dwelling located at 310 Walter Street. Additionally, the petitioner is seeking relief from the following bulk regulations of the proposed new R-2D Duplex Two Family District zoning. • Section 10-6D-3-B to permit a lot size less than 15,000 square feet; property currently has approx. 9,150 sq. feet. • Section 10-6D-3-B to permit a lot width at the building line less than 100 feet. • Section 10-6D-3-B to permit a density greater than 4.8 dwelling units per each acre. Although the existing parcel does not comply with the minimum lot size, width and density of requirements of the proposed R-2D zoning district, the property and most of the other surrounding lots are also not compliant with their current R-2 zoning bulk regulations as indicated below: Current R-2 Zoning Proposed R-2D Requested %Difference Between Requirements Requirements Variance Proposed R-2D and Requested Variance Minimum Lot Size 12,000 sq.ft. 15,000 sq.ft. f 9,147.6 sq.ft. -5,852.4 sq.ft.(-60%) Minimum Lot Width' 80 ft. 100 ft. f 70 ft. -30 ft.(-30%) Max Density 3.3 d.u./acre 4.8 d.u./acre2 9.6 d.u./acre +4.8 d.u./acre(+200%) Lot width is measured at the building line. '-Density is calculated as the number of dwelling units(d.u.)per acre.In this instance,4.8 d.u.per acre is equivalent to 4.8/43,560=0,0001101d.u.per sq.ft.and 2 d.u.per 9,147.6 sq.ft.is equivalent to 2/9147.6=.0002186 d.u.per sq.ft. Plan Commission Action: The Plan Commission reviewed the requested rezoning at a public hearing held on October 12, 2011 and made the following action: Motion to recommend approval of the rezoning for 312 Walter Street from R-2 One Family Residence District to R-2D Duplex Two Family Residence District. Action Item: Lindblom-aye; Crouch-nay; Weaver-abstain; Jones-aye; Baker-nay;Prochaska-aye; Winninger-aye;Kraupner-aye 5 ayes; 2 nays; 1 abstention Zoning Board of Appeals Action: The Zoning Board of Appeals reviewed the requested variances at a public hearing held on November 2, 2011 and made the following action: Motion to recommend approval of variances from the R-2D Duplex Two Family Residence District regarding minimum lot size,minimum lot width and maximum density. Action Item• Baker,nay; Skinner,nay; Hirsch,nay; Walker,nay; Johnson,nay 0 ayes; 5 nays Staff Comments As stated above, the Plan Commission did render a favorable recommendation for approval of the rezoning request from R-2 One-Family Residence District to R-2D Duplex Two Family Residence District. However, the Zoning Board of Appeals recommended denial of the requested variances needed for the property to comply with the bulk regulations of the R-2D Duplex Two Family Residence District. Therefore, the City Council will need a concurring vote of two-thirds (2/3) of the elected members should they decide to reverse the recommendation of the Zoning Board of Appeals. Staff has attached copies of the memorandums and minutes from both the Plan Commission and Zoning Board of Appeals meetings regarding this request for your reference. The petitioner will be present at Tuesday night's meeting to answer any questions of the Economic Development Committee members. �,oD C/r,. Memorandum J �-- � To: Plan Commission EST. 1�_ 1836 From: Krysti J. Barksdale-Noble, Community Development Director r CC: Bart Olson, City Administrator ! '�„� �- Date: October 4, 2011 wmd�; �O Subject: PC 2011-10—312 Walter Street(Claesson) 1. Request for Rezoning from R-2 One Family to R-2D Duplex Petitioner's Request& Background: The petitioner, Robert Claesson, is requesting rezoning of an approximately 0.21-acre residential parcel located at 312 Walter Street from R-2 One Family Residence District to R-2D Duplex Two Family District. The property currently has an existing single-family residential dwelling proposed for interior renovation after a mid-summer fife, with ultimate conversion into two (2) rental units. Staff has analyzed the existing land uses and zoning surrounding the subject property in consideration of the proposed rezoning from a single-family dwelling land use to a two-family semidetached dwelling land use. The following chart provides details of those land uses: Existing Zoning Existing Land Use Comments Residential properties.Two-family North R-2 One Family Residence Residential/Duplex duplex dwellings located at 311 Walter Street and 313 Water Street. South R-2 One Family Residence Residential Single-family dwellings. East R-2 One Family Residence Residential Single-family dwelling. West R-2 One Family Residence Residential/Duplex Residential property.Two-family duplex dwelling located at 310 Walter Street. As indicated in the chart above and illustrated on the attached map, the properties within the immediate area surrounding the subject parcel are zoned R-2 One Family Residence District. However, several residential structures within this area are duplex dwellings, including the property located immediately to the west of the subject parcel, as these uses likely predated the zoning code amendment for R-2D designation adopted by the city in the 1990's making these properties legally non-conforming. Bulk Requirements Since the proposed rezoning request has an existing structure on the property, a detailed review of the R-2D Duplex Two Family District bulk regulations was conducted to analyze compliance. The following R-21)bulk regulations will also apply: • Minimum lot size requirement of 15,000 square feet; Does not comply • Minimum lot width requirement of 100 feet; Does not comply • Maximum density requirement 4.8 dwelling units per acre; Does not comply • Maximum lot coverage of 30%; Complies • Maximum building height of thirty feet (30') and no more than 2.5 stories, whichever is less; Complies • Minimum required front yard setback of thirty feet(30'); Complies • Minimum required side yard setback of ten feet (10') or ten percent (10%), whichever is greater; Complies • Minimum rear yard setback of thirty feet(30') feet. Complies Although the existing parcel does not comply with the minimum lot size, width and density of requirements of the proposed R-2D zoning district, the property and most of the other surrounding lots are also not compliant with their current R-2 zoning bulk regulations. Should the Plan Commission favorably recommend approval of the rezoning request, petitioner will proceed with submitting a variance application to the Zoning Board of Appeals for relief of the above-referenced bulk requirements. Other Code/Ordinance Considerations: • Comprehensive Plan - The property is located within an area designated as "Traditional Neighborhood" within the 2008 Comprehensive Plan. The character for the Traditional Neighborhood designation is residential with anticipated infill development. Staff Recommendations: Based upon the existing surrounding land use and the recent trend in land use of duplex dwelling uses within the area, staff recommends approval of the request subject to variance approval by the Zoning Board of Appeals for the bulk regulations related to lot size, lot width and density. Findings of Fact: In considering rezoning requests, the Zoning Ordinance requires the Plan Commission to make findings based upon the evidence presented to it in each specific case with respect to the following matters: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-1976) Additional factors to be considered for an amendment to a zoning ordinance as determined by the `LaSalle' case should also be considered. These factors are as follows: 1) The existing uses and zoning of nearby property; 2) The extent to which property values are diminished by the particular zoning restrictions; 3) The extent to which the destruction of property values of plaintiff promotes the health, safety, morals, and general welfare of the public; 4) The relative gain to the public as compared to the hardship imposed upon the individual property owner; 5) The suitability of the subject property for the zoned purposes; 6) The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property; 7) The community need for the proposed use; and, 8) The care with which the community has undertaken to plan its land use development. RAFT UNITED CITY OF YORKVILLE PLAN COMMISSION Library Historic Room Wednesday, October 12, 2011 7:00pm Commission Members in Attendance: Chairman Tom Lindblom Jane Winninger Jack Jones (arr.7:03pm) Jeff Baker Art Prochaska James Weaver Mike Crouch Charles Kraupner Absent: Sandra Adams Other City Staff Krysti Barksdale-Noble, Community Development Director Other Guests Robert Claesson Peter Gabor Christine Vitosh, Depo Court reporter Chairman Tom Lindblom called the meeting to order at 7:00pm. Roll call was taken and a quorum was established. He introduced and welcomed new Commissioner James Weaver. Mr. Weaver briefly told about his background. Previous Meeting Minutes - July 13, 2011 The minutes were approved as read on a motion by Prochaska and second by Baker. Unanimous voice vote approval. Citizen's Comments None Chairman Lindblom commented on the order of the meeting agenda: 1. The first Public Hearing will be opened and continued to next month and the petitioner is aware of this. 2. The Public Hearing will be held on the second item concerning property at 312 Walter Street. 3. Then the discussion will turn back to item #1 New Business for preliminary plan and final plat. This portion does not need a Public Hearing. 4. Then the 312 Walter St. property will be discussed. 1 Public Hearings 1. PC 2011-06 Verne Henne and Steven and Dawn Friel,petitioners, have filed an application with the City requesting rezoning of three parcels on Worsley Street (Lots 4, 5 and 6) from R-1 One Family Residence District to R-2 One Family Residence District. The real property consists of a total of approximately 0.73 acres and is located south of E. Main Street and east of Worsley Road in Yorkville, Illinois A motion was made by Kraupner and seconded by Prochaska to open the Public Hearing. Voice vote approval. A motion was then also made to continue this Hearing to November. This was on a motion by Crouch and second by Jones. Voice vote approval. 2. PC 2011-10 Robert Claesson, petitioner, has filed an application with the City requesting to rezone a parcel located at 312 Walter Street from R-2 One Family Residence District to R-21) Duplex Two Family District. The real property consists of approximately 0.21 acres and is located immediately south of Walter Street and east of Mill Street in Yorkville. Chairman Lindblom swore in the 2 guests who would offer testimony in this Hearing. Mr. Robert Claesson, owner of the property at 312 Walter St. said he wishes to convert his home to a multi-family dwelling by building an addition to make a 3-bedroom apartment on either side of the dwelling. He said fire had gutted the structure and it needed repairs. The property owner at 316 Walter St, Mr. Peter Gabor, voiced opposition to the plan. He said he has lived in this area since 1997 and the block-long Walter Street has 5 duplexes. Nearby Illinois Dr. & Olson have none. He said Walter Dr. is run down due to so many residents. He felt that Yorkville wants to plan its urban development and this is not the proper way. He said renters do not pay taxes and property owners must pay for the school children. Many of the Walter St. duplexes have only gravel driveways and there is not adequate parking. He feels this diminishes the property values and he is totally against the plan. Mr. Gabor said the Plan Commission should have rules for appearance. According to Mr. Gabor he thought none of the homes in this area were meant to be duplexes. He believes it is difficult to control the actions of renters and how they might affect the property value. Mr. Claesson said he will have a 2-car garage plus off-street parking for additional cars. There will also be a fenced back yard and all this will increase the value of his property. He added that Mr. Gabor's house is in the back and does not think his property will affect Mr. Gabor's. In 2000 when he purchased the property, it was already divided for duplexes and it now has many upgrades. Mr. Claesson said he is very strict about his renters and he plans to live in his home. He added that there are single-family homes in the area that are in foreclosure and they have become run down with long grass. 2 As there was no further testimony, Jones moved to close the Public Hearing and Crouch seconded the motion. Unanimous voice vote approval. New Business I. PC 2011-07 Verne Henne and Steven and Dawn Friel,petitioners have filed an application with the United City of Yorkville requesting preliminary plan and final plat approval of the re-subdivision of three (3)parcels on Worsley Street(Lots 4, 5, and 6) into two (2) parcels. The real property consists of a total of approximately 0.73 acres and is located south of E. Main St and east of Worsley Rd. in Yorkville. Chairman Lindblom said the Commission is looking for recommendation of preliminary plan and final plat. Krysti Barksdale-Noble said this item would be tabled. A motion was then made and seconded by Commissioners Prochaska and Weaver, respectively, to table this item until the next meeting. Discussion: A point of order was raised and it was questioned why there were 2 numbers on the same issue. Ms. Barksdale-Noble replied that#6 is a Public Hearing to rezone and #7 is for preliminary plat. She said they are 2 separate items with 2 separate ordinances that apply. It is the opinion of the City Attorney that this is the best way to track and record this administratively. The motion was tabled until the November meeting on a unanimous voice vote. Turning back to Public Hearing PC2011-10, Chairman Lindblom said the Board would now discuss the Claesson rezoning issue. Ms. Barksdale-Noble said the trend of the area on Walter St. is duplexes and there is no history as to how this occurred. The Chairman added that many of the structures on this street were originally built as duplexes and not as single-family units. The R-21) designation originated in the 1990's. Ms. Barksdale-Noble said the only issue with rezoning is that the property would become non-conforming with the R-2D designation. If the Commission approves the request, she said the case would be moved to the Zoning Board of Appeals in November. The rezoning is consistent with the Comprehensive Plan. City staff is recommending that if the Commission approves, that the area continue as a residential use. She noted the lot size is .21 acres. Action Item: Motion: Baker moved and Jones seconded to recommend approval of the rezoning of this parcel to R-2D Duplex. Discussion: Mr. Claesson said 50 other properties within 500 feet were notified of this request. Ms. Winninger commented that Mr. Gabor's issues were a generalization about renters in duplexes diminishing the property value and that it could happen with renters living in single-family homes. Crouch commented that he thought Ms. Gabor took issue with having a duplex in a single-family neighborhood. He said that is the question that should be considered and that the Commission's purpose is to determine what is best for 3 the neighborhood. There was a brief discussion of duplexes on other streets and the general condition. Mr. Prochaska said Mr. Claesson is not changing the character of the neighborhood by his intended actions. He asked if the other lots in the neighborhood meet the requirements for R-213. They only meet them for R-2. Ms. Barksdale-Noble said none of the homes on Walter St. meet the 12,000 square feet requirement. Baker noted that the homes were built prior to the zoning code. Kraupner said he had issue with the size of the lots and asked if there is enough space for 6 cars. Claesson detailed how he would accommodate 3 cars per side of the duplex. Roll call vote: Winninger-yes, Jones-yes, Baker-no, Prochaska-yes, Weaver-abstain, Crouch-no, Kraupner-yes, Lindblom-yes. Motions passed 5-2 with one abstention. This matter now moves to the Zoning Board of Appeals in November 2. Plan Commission Meeting Schedule for 2012 The Commission will continue to meet on the second Wednesday of the month, however, the meetings will be held in the City Hall. Adjournment There was no further business and the meeting was adjourned on a motion by Baker and second by Crouch. Meeting adjourned at 7:45pm. Respectfully submitted by Marlys Young, Minute Taker 4 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLAN COMMISSION MEETING PUBLIC HEARING 902 Game Farm Road Yorkville, Illinois Wednesday, October 12 , 2011 7 : 00 p.m. D-951911 reporting service 1300 Iroquois Avenue,Suite 205 Naperville,IL 60563 630-983-0030 • Fax: 630-778-4824 e-mail:depocourt@depocourt.com - www.dep000urt.com 2 1 PRESENT : 2 Mr . Tom Lindblom, Chairman, 31 Mr . Jeff Baker, 4 Mr. Michael Crouch, 5 Mr . Jack Jones, 6 Mr. Charles Kraupner, 7 Mr . Art Prochaska, 8 Mr. James Weaver, 9 Ms . Jane Winninger. 10 11 ALSO PRESENT : 12 Ms . Krysti Noble, Community Development 13 Director; 14 Ms . Marlys Young, Minute Taker. 15 - - - - - 16 17 18 19 20 21 22 23 24 Depo-Court Reporting Service (630) 983-0030 3 1 CHAIRMAN LINDBLOM: The first item then 21 is to go to public hearing, so is there a motion 3 to that effect, please? 4 MR. KRAUPNER: So moved. 07:03PM 5 MR. PROCHASKA: Second. 6 CHAIRMAN LINDBLOM: Any discussion on 7 the motion? 8 (No response . ) 9 CHAIRMAN LINDBLOM: Those in favor 07:04PM 10 signify by saying aye . 11 (A chorus of ayes . ) 12 CHAIRMAN LINDBLOM: Opposed? 13 (No response. ) 14 CHAIRMAN LINDBLOM: Motion passes . 07:04PM 15 We are now in public hearing for 16 PC 2011-06, Verne Henne and Steven and Dawn Friel, 17 petitioners, have filed an application with the 18 United City of Yorkville, Kendall County, 19 Illinois, requesting rezoning of three parcels on 07:04PM 20 Worsley Street, Lots 4 , 5 and 6, from R-1 One 21 Family Residence District to R-2 One Family 22 Residence District . 23 The real property consists of a 24 total of approximately 0 . 73 acres and is located Depo•Court Reporting Service (630) 983-0030 4 1 south of East Main Street and east of Worsley Road 2 in Yorkville, Illinois . 3 So with that being said, do we have 4 a motion then to continue this meeting then until 07:04PM 5 the November meeting? 6 MR. CROUCH: So moved. 7 CHAIRMAN LINDBLOM: Is there a second? 8 MR. JONES : Second. 9 MR. WEAVER: Second. 07:04PM 10 THE COURT : I 'm sorry, okay . Moved and 11 seconded. Any discussion on the motion? 12 (No response . ) 13 CHAIRMAN LINDBLOM: Hearing none, those 14 in favor signify by saying aye . 07 05P 15 (A chorus of ayes . ) 16 CHAIRMAN LINDBLOM: Opposed? 17 (No response . ) 18 CHAIRMAN LINDBLOM: Motion passes . That 19 will be continued then to the next meeting. 07:05PM 20 The next item then on our public 21 hearing is PC 2011-10, Robert Claesson, is that 22 pronounced -- Claesson, petitioner, has filed an 23 application with the United City of Yorkville, 24 Kendall County, Illinois, requesting rezoning of a Depo•Court Reporting Service (630) 983-0030 5 1 parcel located at 312 Walter Street from R-2 One 2 Family Residence District to R-2D Duplex Two 3 Family District . 4 The real property consists of 07:05PM 5 approximately 0 . 21 acres and is located 6 immediately south of Walter Street and east of 7 Mill Street in Yorkville, Illinois . 8 With that being said, could I have 9 anybody that wishes to speak before the Commission 07:05PM 10 at this time stand and repeat the oath -- repeat 11 after me? 12 (Witnesses thereupon duly 13 sworn. ) 14 CHAIRMAN LINDBLOM: Thank you. Okay. I 07:06PM 15 guess, Mr . Claesson, are you going to speak on 16 your behalf? 17 MR. CLAESSON : Yes . 18 CHAIRMAN LINDBLOM: Okay. The floor is 19 yours . 07:06PM 20 MR. CLAESSON: Well, I am looking to 21 change my single family home into a multi family 22 dwelling. This is the plot of it, and as you see, 23 I have many, one, two, three, four other ones 24 similar to what I want to do on the other side and Depo•Court Reporting Service (630) 983-0030 6 1 one directly next to me . 2 I just want to put an addition onto 3 one side of my house, put the roof on it and make 4 a three-bedroom apartment on one side and a 07:06PM 5 three-bedroom apartment on the other side, so . . . 6 CHAIRMAN LINDBLOM: Just as a matter of 7 clarification, the house was gutted a while ago by 8 fire? 9 MR. CLAESSON : I ' m in the -- Yes . 07:06PM 10 CHAIRMAN LINDBLOM: And so remodeling 11 would have to take place? 12 MR. CLAESSON: The remodeling is going 13 to happen . I am either going back to the way it 14 was or I am doing this . I am definitely doing 07:07PM 15 something . I am just hoping that the Board will 16 let me do the plans I want to do. 17 CHAIRMAN LINDBLOM: Okay. Any other 18 comments from -- Sir, any comments on the public 19 hearing? 07:07PM 20 MR. GABOR: Yes . I live at 316 Walter 21 1 Street, right here (indicating) , and I have lived 22 in Yorkville for -- at this address -- 23 CHAIRMAN LINDBLOM: I 'm sorry, can we 24 get your name for the record? Depo•Court Reporting Service (630) 983-0030 7 1 MR. GABOR: Peter Gabor, G-A-B-O-R. 2 I ' ve been there since 1997 . Walter 3 Street, as you can see, is only one block long, 4 just like the other streets . It has five 07:07PM 5 duplexes . Illini Drive has none, Olson has none . 6 If you take the time before you make 7 your decision and take a drive, you will see the 8 condition that Walter Street is in with all the 9 duplexes and the renters who come and go month by 07:08PM 10 month, year by year. This street is pretty run 11 down. 12 I personally have no understanding 13 why Walter Street has to have another duplex, 14 which would make it six, and then you look at 07:08PM 15 Illini Drive, which is a beautiful single family 16 street, Olson, the same thing. 17 My understanding is that Yorkville 18 wants to plan its urban development, and this is 19 not the way. o7:oePM 20 First of all, the people who rent 21 these duplexes don ' t pay taxes . I pay taxes . I 22 have to pay for those children who live there to 23 go to school right on Mill Street or the high 24 school, it really doesn' t matter, but I think Depo•Court Reporting Service (630) 983-0030 8 1 there should be a limit as far as the planning for 2 Yorkville how many duplexes are we going to allow 3 on each street . Is it going to become duplex 4 city? 07:09PM 5 Walter Street looks like a dump . 6 Many of these duplexes have no driveways, just 7 gravel, you see motorcycles out there, cars are 8 parked up all night on the street because there 9 are so many people in these apartments, there ' s 07:09PM 10 not enough room in the driveway. 11 It brings my property value down, 12 and I take care of my property, it brings the 13 other property values down, especially in this 14 economy when they are already down, so there 07:09PM 15 should be some limitation. 16 If someone is going to have a 17 duplex, it should be taken care of . Maybe there 18 should be a duplex association like there ' s a 19 condominium association, a townhome association, 07:1OPM 20 where there ' s a responsibility for taking care of 21 the property. 22 This house right here (indicating) I 23 believe has been up for new rental at least a half 24 a dozen times since I have lived there . The Depo•Court Reporting Service (630) 983-0030 9 1 owners let their dogs run on my property, mess all 2 over my property. I clean it up. 3 So I just -- I am totally against 4 it . I would -- I would prefer that the owner fix 07:1OPM 5U his house, make it such that it increases its 6 value, his value, it makes Yorkville ' s urban 7 development progressive, instead of just anything 8 goes , which to me is what ' s been -- what ' s been 9 happening as far as Walter Street . 07:11PM 10 You take a drive down Illini Drive, 11 which curves into -- this is still Illini Drive, 12 and Walter Street ends with my driveway, this 13 house burned down, was -- is owned by a former 14 councilman, put up a beautiful new home, okay? 07:11PM 15 That was -- you know, if -- I mean, 16 the only explanation I can have for -- My house is 17 not big . If I divide it into a duplex, it would 18 be for only one thing, to pay the mortgage, and 19 it ' s not going to bring the values up, and if the 07:12PM 20 duplex is going to go through, your commission 21 should have some requirement as far as appearance, 22 whatever other villages do to maintain their 23 property. 24 That gentleman is a fireman in Depo-Court Reporting Service (630) 983-0030 10 1 Woodridge-Lisle? I have a business in Downers 2 Grove, right next to Woodridge . The Village of 3 Downers Grove is strict . When I wanted to expand 4 my business, they had code enforcement, who -- you 07:12PM 5 can ' t have one building unless it ' s attached to 6 the other building to make sure it ' s not -- you ' re 7 not going to do an in-law-type of a setup with 8 in-laws moving in next door. 9 You had to take out the kitchen 07:13PM 10 1 facility and I had to prove to them that I am 11 making this old house into a garage and it ' s being 12 attached to the new house . 13 And Downers Grove, it ' s just like 14 Naperville, you know. It ' s a beautiful community . 07:13PM 15 Yorkville is a beautiful community until you get 16 to Walter Street . 17 Please take a look at it and I think 18 you will vote no. 19 CHAIRMAN LINDBLOM: Okay. Thank you. 07:13PM 20 Is there any other public comments? 21 MR. CLAESSON : I ' d like to comment on 22 what he said. 23 CHAIRMAN LINDBLOM: Certainly. 24 MR. CLAESSON: You' re making comment on Depo•Court Reporting Service (630) 983-0030 11 1 houses around my house not having a driveway, but 2 my house does have a driveway. It ' s going to have 3 a two-car garage, so I would have in the car 4 garage parking, plus off street parking for two 07:14PM 5 additional cars, three cars for each unit off of 6 the street on the driveway. 7 The duplexes that he' s referring to 8 that ' s connecting to his with the dog, I have a 9 fenced-in back yard and the back for any pets to 07:14PM 10 be restrained. 11 I believe that what I want to do is 12 going to bring the value of my property up and 13 make the other properties around them better 14 because it ' s going to be much nicer, much more 07:14PM 15 modern, it ' s going to look right in place with the 16 rest of the street, and I don' t believe that it ' s 17 going to bring the property values around -- 18 directly adjacent down. 19 This gentleman' s house is placed 07:14PM 20 way, way, way in the back, back against this creek 21 where every property touching this property is a 22 single family home . 23 My property is nowhere near his 24 property, there ' s other properties in between our Depo•Court Reporting Service (630) 983-0030 1 properties, and with his being set back so far, I 12 2 don' t really see how my property is going to 3 affect his . 4 If you were to go look at his 07:15PM 5 property, you can' t even see my house from his 6 house . You' d have to come all the way out to the 7 street at the very edge just to see the corner of 8 my house . 9 So with that being said, you could 07:15PM 10 also see directly adjacent one, two, three, four, 11 five, six, seven, already on that street . 12 Going to be honest, when I bought 13 this property back in 2000, these were my original 14 plans, hoping to do this . It was all part of my 07:15PM 15 plan when I bought the house . 16 It had already been divided, there 17 was already a kitchen downstairs when I bought it, 18 so it had already been divided as such, it just 19 was -- the zoning, I believe that house is meant 07:15PM 20 to be a duplex, just the zoning for some reason on 21 this -- on all these streets was not as such. 22 So, you know, in comparison to the 23 other ones, he says if you were to drive down and 24 you see these people ' s houses, my house really Depo-Court Reporting Service (630) 983-0030 13 1 doesn ' t compare to them. I have the driveway, 2 it ' s set back, it ' s a different build, it doesn' t 3 look like those houses at all . 4 My house is going to be a 07:16PM 5 cedar-sided house with a brick front, well kept, 6 definitely -- will definitely not be looking run 7 down because it will be brand new, all new siding, 8 new kitchens, modern, and it will definitely raise 9 the property value of my house . 07:16PM 10 My property value will go up, there 11 is no doubt, because I 'm going to making it much 12 nicer, more modern, and I definitely think it will 13 be by far, if you allow it to go through, the 14 nicest rental property on the block. 07:16PM 15 I 'm very stringent about who I rent 16 to . I 'm not going to just rent to anybody. 17 References, the whole nine yards . 18 So, you know, just with that in 19 mind, if you ' re going to compare my house to the 07:16PM 20 other rental properties, I just wish you would 21 look at that option, you know, that it will be 22 nicer than the other ones and I think it will make 23 the property values on that street go up, not 24 down. Depo•Court Reporting Service (630) 983-0030 1 CHAIRMAN LINDBLOM: Okay. Thank you. 14 2 Any other comments from the public? Yes, sir . 3 MR. GABOR: First of all, I don' t 4 believe any of these homes were meant to be 07:17PM 5 duplexes . When the zoning changed from 6 agricultural in Yorkville to single family, that ' s 7 what it meant . Not duplex. 8 Single family is single family, and 9 a person who converts a home into a duplex can 07:17PM 10 have the greatest intentions in the world, but you 11 have no control over what the renters do in your 12 house . If they go -- disappear overnight, a 13 deposit for security is not going to take care of 14 the damage they' ve done . 07:17PM 15 I 'm sure every one of those duplexes 16 when they were first converted were beautiful . 17 Look at them now . 18 And how many duplexes does one tiny 19 street need? It ' s one block long. It ' s going to 07:lePM 20 have six duplexes . 21 If the economy ever changes and we 22 get out of this recession, what ' s going to happen 23 is the same thing that ' s happened in LaGrange, 24 LaGrange Park, Downers Grove, people are going to Depo•Court Reporting Service (630) 983-0030 15 1 buy these little lots, demolish what they have and 2 build beautiful homes on them, and I personally 3 plan to stay in Yorkville . 4 And, again, do I want to see six 0'7:18PM 5 cars in one driveway? No . Do I want to see cars 6 parked on the street wondering is this person 7 staying here or is this person planning to rob 8 this house? I mean, that street is never empty. 9 And it may initially help the value 07:19PM 10 of the home, but that alone can ' t guarantee that 11 it ' s going to stay that way after . I mean, if you 12 look at Walter Street right now, there are signs 13 for rent, duplexes for rent, duplexes for sale, 14 single family homes for sale . I mean, it looks 07:19PM 15 like a flea market for homes . 16 And there ' s got -- there should be 17 an end to this as far as the Planning Commission 18 because the future of Yorkville -- it doesn' t 19 depend on Walter Street, but if that can happen to 07:19PM 20 Walter Street, why not somebody else? 21 I mean, there should be a limit as 22 to how many duplexes you have on one block, just . 23 like where you put your townhomes and things like 29 that . Depo•Court Reporting Service (630) 983-0030 16 1 And the last thing that I mentioned 2 first I want to say is that the people who rent 3 don' t pay taxes, and they are all young people . 4 My children are grown, they don ' t 07:20PM 5 live with me, there are two people in this 6 household where I live, yet I ' ve got to pay taxes 7 for the schooling of those children? It ' s not 8 right . 9 Duplexes of maybe -- you know, I 07:20PM 10 mean, the tax structure, the real homeowners 11 should not be stuck with -- you know, my taxes are 12 $8, 000 a year, and I ' ve got to pay that because 13 I 've got six duplexes with 50 people and a dozen 14 children whose education I definitely support, but 07:21PM 15 do I have to be paying for it? 16 And basically there ' s got to be a 17 limit for how many -- how many duplexes on each -- 18 on this -- you know, ten, 12 homes, there' s six 19 duplexes, and it ' s like 60/40, or 50/50 . 07:21PM 20 CHAIRMAN LINDBLOM: I don' t mean to cut 21 you off, but is there -- I think you are repeating 22 yourself now. Is there something new you wish to 23 add? I would certainly welcome that . 24 MR. GABOR: No . Depo•Court Reporting Service (630) 983-0030 17 1 MR. CLAESSON : One other thing I plan 2 on -- And I have been living in this house myself 3 since 2000 . I pay my taxes . He doesn' t pay my 4 taxes . 07:21PM 5 I pay my taxes and I have a child 6 and, you know, she walks to school every day when 7 we lived there and, you know, I 'm paying my 8 obligation for taxes also and, you know, the 9 area is -- 07:21PM 10 MR. GABOR: And you are paying for the 11 renters, too. 12 MR. CLAESSON : The area is already full 13 of renters . Across the street, even on 126, it ' s 14 all rental property. 07:22PM 15 You know, repeating myself, I just 16 wanted to add that I 'm not going to just rent it 17 out to anybody, I 'm living there. I 'm renting out 18 a portion of it and I 'm living there. 19 CHAIRMAN LINDBLOM: Is it your intent to 07:22PM 20 1 continue living there? 21 MR. CLAESSON : It is absolutely my 22 intent to continue living there . 23 CHAIRMAN LINDBLOM: Just rent out the 24 other half? Depo•Court Reporting Service (630) 983-0030 1 MR. CLAESSON : Rent out the other half . 18 21 And, with the recession and everything else, to 3 try to avoid yet another empty house that ' s not 4 getting paid for, the supplemental rental income 07:22PM 5 is going to stop that from happening in this case, 6 okay, because, I mean, let ' s face it, property 7 values have dropped down. It ' s not going to sell . 8 The other single family homes have already been 9 foreclosed on in this house, the 308 and another 07:22PM 10 one across the street . 11 The houses that he is referring to 12 are single family homes that have been abandoned 13 because the .homeowners can' t afford them. The 14 grass is getting long . That' s not the renters . 07:23PM 15 The renters are the ones that have the grasses 16 cut . 17 The abandoned single family homes 18 that are driving property values down that the 19 gentleman is speaking of are the single family 07 23P 20 homes that the people can ' t afford. 21 And, you know, I 'm doing what I can 22 to make sure my house isn' t one of those . I have 23 lived there for ten years . I 'm in construction; 24 my income has been affected as much or more than Depo•Court Reporting Service (630) 983-0030 19 1 anybody ' s, trust me, and this is a plan to make my 2 house continue looking good, keep it under my 3 belt, not to lose what I have invested in, and, 4 you know, it ' s my home . It ' s where me and my 07:23PM 5 daughter have grown up, and I would definitely 6 like to be able to raise her there and keep her 7 going to that school where all her friends are and 8 everything else, and this is the way it ' s going to 9 have to happen. 07:23PM 10 Otherwise it ' s going to get fixed 11 the old way, get put up on the market, and lord 12 only knows how long it will sit there, and then it 13 will become what this gentleman is afraid of, tall 14 grass with a house sitting there that -- you know, 07:24PM 15 that doesn ' t get its taxes paid, and we don ' t need 16 another foreclosure in town, that ' s for sure . 17 CHAIRMAN LINDBLOM: Okay. Is there 18 anybody else that has any more comments? 19 MR. GABOR: One more comment, sir, if I 07:24PM 20 may add. 21 CHAIRMAN LINDBLOM: As long as you are 22 not repeating yourself . 23 MR. GABOR: If the solution to the 24 problem of these single family homes that are Depo•Court Reporting Service (630) 983-0030 20 1 being abandoned is to make them into duplexes , 2 then let ' s all make them into duplexes . That ' s 3 not the solution . 4 And if Yorkville and the village and 07:24PM 5 the planners and you folks have any foresight , you 6 will plan with progressive thoughts . 7 And foreclosures are everywhere and 8 I don' t believe jumping to duplexes is the answer, 9 especially if Yorkville wants to grow the right 07:25PM 10 way . 11 CHAIRMAN LINDBLOM: Okay. I hear nobody 12 else in the audience. Could we have a motion then 13 to close the public hearing? 14 MR. JONES : So moved. 07:25PM 15 MR. CROUCH: Second. 16 CHAIRMAN LINDBLOM: Moved and seconded. 17 Any discussion on the motion? 18 (No response . ) 19 CHAIRMAN LINDBLOM: Hearing none, those 07:25PM 20 in favor signify by saying aye . 21 (A chorus of ayes . ) 22 CHAIRMAN LINDBLOM: Opposed? 23 (No response. ) 24 CHAIRMAN LINDBLOM: This part of the Depo•Court Reporting Service (630) 983-0030 21 1 meeting, the public hearing portion, is now 2 closed. 3 (Which were all the 4 proceedings had in the 5 public hearing portion 6 of the meeting . ) 7 ---oOo--- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983-0030 22 1 STATE OF ILLINOIS ) ) SS . 2 COUNTY OF LA SALLE ) 3 I, Christine M. Vitosh, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above-entitled cause and that the 7 foregoing Report of Proceedings, Pages 1 through 8 23, inclusive, is a true, correct, and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid. 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit, nor am I in any way related 14 to any of the parties to this suit, nor am I in 15 any way interested in the outcome thereof. 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only. I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 Depo•Court Reporting Service (630) 983-0030 23 1 In testimony whereof, I have 21 hereunto set my hand this 2nd day of November, 3 A. D. , 2011 . 4 5 6 Christine M. Vitosh, CSR 7 CSR No. 084-002883 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983-0030 24 1 19:13 I 4:15,20:21 20:15 j bedroom 121-6:4,6:5 Christine 121-22:3, CSR 121-23:6,23:7 behalf Ill-5:16 23:6 curves ill-9:11 $8,000 11,-16:12 ! A.D[1l-23:3 I belt ill-19:3 city[+l-8:4 cut M-16:20,18:16 - .- -_ abandoned[91- better(+1-11:13 I City 121-3:18,4:23 Q 1 18:12,18:17,20:1 � '---•- ------ -- - - between 11l-11:24 I CITY 1+l-1:2 p I - - --; able[+1-19:6 1 big ill-9:17 1 Claesson pi-4:21, - 0.21 Ill-5:5 ! above-endtied ill- block 141-7:3,13:14, 4:22,515 22:6 14:19 15:22 CLAESSON to I D-951911[+l-1:19 0.73[+1-3:24 [ 1- 1 absolutely ill-17:21 Board ill-6:15 5:17,5:20,6:9,6:12, damage[1l-14:14 i 084.002883(t i-23:7 I accuracy ill-22:20 I daughter 111-19:5 bought p)-12:12, 1 10:21,10:24,17-;i ! g ---- acres 121-3:24,5:5 Dawn 11l-3:16 1 1 12:15,12:17 17:12,17:21,18:1 add t31-16:23,17:16, decision(11-7:7 brand[+1-13:7 doriRcatlon(11-6:7 f 19:20 ! brick 11)-13:5 I dean Ill-9:2 definitely 1rl-6:14, j 1(11-22:7 1 addition Ill-6:2 p 13:6.13:8,13:12, 1 bring m-9:19,11:12, dose Ill-20:13 P 16:14,19:5 12121-1:14,16:18 additional 111-11:5 11:17 dosed Ill-21:2 126(1l-17:13 1 address Ill-6:22 demolish Ill-15:1 1"7111-7:2 adjacent[21-11:18, brings 1--8:11,8:12 code 111-10:4 build(2l-13:2,15:2 � comment 131-10:21, 1 deposit[+]-14:13 12:10 building 121-10:5, 10:24,19:19 ? Development 111- 2 12:3 10:6 comments Isl-6:18, 2:12 affected[11-18:24 I burned 11l-9:13 10:20,14:2,19:18 development I21- afford Izl-18:13, business(21-10.1, COMMISSION I11- 7:18,9:7 2000 I2]-12:13,17:3 18:20 10:4 1 1:5 different[11-13:2 2011 Isl-1:14,23:3 aforesaid[11-22:10 b i ! direction 1 iX11-06 111-3:16 buy[+1-15:1 commission[tl-9:20 ill afraid ill-19:13 1 Commission ill-5:9, directly 191-6:1, 1 201140111-4:21 ago ill-6:7 C 1 15.17 ! 11:18,12:10 23 Ill-22:8 agricultural[1l-14:5 ! community(21- 1 Director(1l-2:13 1 2nd(11-23:2 allow121-8:2,13:13 10:14,10:15 ; disappear pl-14:12 1 - alone I+1-15:10 car[sl-11:3 i % discussion 3:6 I Community ill-2:12 P1' , 3 ! 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Downers(41-10:1, j -- 4,7 4:13,4:16,4:18, 10:3,10:13,14:24 ._ audience[+l-20:12 � 22:21 j s avoid ill-18:3 5:14,5:18,6:6,6:10, N]-14:16 downstairs[+l-12:17 6:17,6:23,10:19, dmn 8:24,16:13 aye[91-3:10,4:14, converts ill-14:9 R1 6 ill-3:20 20:20 10:23,14:1,16:20, copes M-22:18 I D&9141-7:5.716, ! 60140 ill-16:19 ryes 131-3:11,415, 17:19,17:23,19:17, 2221 9:10,9:11 { 20:�Y0-5:220:24 corteetill-22:8 drive -7:7,8:10 20:21 19:21.20-.11,20,16, corner Ill-12:7 7 B change councilman lfl-9.14 -, driveway m , I clanged[1l-14:5 sel 9:12,11:1,11:2, coun (21-22:12 � i 7:00[11-1:15 changes 111-14:21 County RI-3:18,4:24 j 11:6,13:1,15:5 Baker Itl-2:3 Charles(11-2:6 d 1 -8:6 ' ,- _ . COUNTY i11-222 a(1 beautiful p q-7:15, child ill-17:5 9 COURT[+1-4:10 driving Ill-18:18 9:14,10:14,10:15, children(41-7:22, creak[1l-1120 ; dropped(1)-18:7 14:16,15:2 16:4,16:7.16:14 Crouch ill-2.4 1 duly ill-5:12 902 111-1:10 become M-8:3, chorus 131-3:11, CROUCH M.'4-.6, 1 dump[+l-8:5 Depo•Court Reporting Service (630) 983-0030 ----_ _ - - - -- 25 Duplex Ill-5:2 fixed Ill-19:10 ! hereto[11-22:17 JONES 121-4:8,20:14 ----1 f duplex Iel 7:13,8:3, flea Ill-15:15 hereunto[t]-23:2 1 Jones 11l-2:5 --i--M 8:17,8:18,9:17, floor Ill-5:18 I high pl-7:23 jumping Ill-20:8 9:20,12:20,14:7, folks[1l-20:5 i home tel-5:21,9:14, I Mal n It l-4:1 14:9 I foreclosed[11-18:9 11:22,14:9,15:10, i - -- - K ---- maintain ill-9:22 duplexes 120]-7:5, foreclosure(1]-19:16 19 4 - ---- market Ill-15:15, 7:9,7:21,8:2,8:6, foreclosures 111-20:7 homeowners 121- I 19:11 11:7,14:5,14:15, keep t2]-19:2,19:8 foregoing[11-22:7 � 16:10, 18:13 Marlys(t]-2:14 14:18,14:20.15:13, foresight Ill-20:5 I homes 101-14:4, Kendall rA-3:18, matter 121-6:6,7:24 15:22,16:9,16:13, 4:24 t11-9:13 15:2,15:14,15:15, mean tel-9:15,15:8, 16:17,16:19,20:1, four rA-5:23,12:10 16:18,18:8,18:12, kept 11]-13:5 16:11,15:14,15:21, 20:2,20:8 Friel ill-3:16 18:17,16:20,19:24 kitchen rA-10:9, 16:10,16:20,18:6 dwelling I11-5:22 friennds Ill-19:7 honest(1)-12:12 12:17 meant pl-12:19, front 11]-13:5 hoping m-6:15, kitchens 11-13:8 14:4,14:7 E -- - full Ill-17:12 12:14 knows 11-19:12 MEETING 11-1:5 Kraupner I1]-2:6 future Ill-15:18 house lee]-6:3,6:7, meeting Isl-4:4,4.5, F 8:22.9:5,9:13,9:16, KRAUPNER 111-3:4 4:19.21:1.21:6 East 21-4:1 I 10:11,10:12,11:1, K�Ystt(11-2:12 east tz1-4:1,5:6 C7 mentioned[11-16:1 economy RI-8:14, � 11:2,11:19,12:5, i mass 11]-9:1 12:6,12:8,12:15, 1x:21 L Micheal ill-2:4 G-A-B-0-R Ill-7:1 12:19,12:24,13:4, Mill edge Ill-12:7 t21-5:7,7:23 LABOR(4-6:20,7:1, 13:5,13:9,13:19, mind 111-13:19 education Ill-16:14 LA 11-22:2 14:3,16:24,17:10, 14:12,15:6,17:2, Minute 111-2:14 effect t11-3:3 19:19,19:23 18:3,18:9,18:22, �'re^�Rl-14:23, either Ill-6:13 modern pl-11:15, Gabor ill-7:1 19:2,19:14 14:24 empty[21-15:8,18:3 Game Ill-1:10 last lt]-16:1 13:8,13:12 household[11-16:6 month m-7:9,7:10 end[11-15:17 gam pi-10:11, houses Nl-11:1, law 111-10:7 ends 111-9:12 11:3,11- houses(41-1 :1, laws[11-10:8 mortgage 11]-9:18 enforcement Ill-10:4 least it-8:23 motion tel-3:2,3:7, gentleman pl-9:24, 1 3:14,4:4,4:11,4:18, entitled It1-22:6 18:19,19:13 Ilmk p1-8:1,15:21, especially(z]-8:13, 16:17 20:12,20:17 20:9 gentleman's 11:19 Ill- motorcycles Ill-8:7 11:18 gmitation 11l-8:15 everywhere ill-20:7 Nlinl H1-7:5,7:15, Lindblom ill-2:2 moved tel-3:4,4:6, gn>�Rl-18:14, expand Ill-10:3 9:10,9:11 UNDBLOM pq-3:1, 4:10,20:14,2016 explanation 111-9:16 grate 111-18:15 ILLINOIS R1-1:3, 3:6,3:9,3:12.3:14, gravel I1]-8:7 22:1 41,413,416,418 MR 1141-3:4,3:5,4:6, F -� grebe ill-14:10 Illinois M-1:11,3:19, 5:14,5:18,6:6,6:10' 4:8,4:9,517,520, " Grove 141-10:2,10:3, 4:2,4:24,6:7 6:17,6:23,10:19, 6:9,6:12,6:20,7:1, 10:13,14:24 Immediately Ill-5:6 10:23,14:1,16:20, 10:21,10-24,14:3, face 11l-18:6 16:24,17:1,17:10, facility ill-10:10 grow ill-20:9 In-law-typs[11-10:7 17:19,1723,19:17, 17:12,17:21,18:1, grown[21-16:4,19:5 In-laws[11-10:8 19:21,20:11,20:16, family 11-5:21, Inclusive ill-22:8 20:19,20:22,20:24 19:19,19:23,20:14, 7:15,11:22,14:6, guarantee 111-15:10 Income M-18:4, Usle Ill-10:1 rd 14 Il:8,15:14,18:8, 9uesa ill-5:15 muull[t]-5:21 gutted Ill-6:7 18:12.18:17.18:19, 18:24 live 141-6:20,7:22, 19:24 Ill-9:5 16:5,16:6 1 milt' H Indicating[21-6:21, lived 141-6:21,8:24, N Family N]-3:21,5:2, 822 17:7,18:23 5:3 Instead ill-9:7 livin9 0-17:2,17:17, nanw 11.624 farts)-8:1,9:9,9:21, half pl-8:23,17:24, Intent p21-17:19, 17:18,17:20,17:22 Naperville 111-10:14 12:1,13:13,15:17 18:1 17:22 tocatedpl-3:24,5:1, naarpt-11ii- Farm Ill-1:10 hand m-22:19,23:2 Intantlons ill-14:10 5:5 need[21-14:19,19:15 favor pl-3:9,4:14, hear 111-20:11 Interested[1l-22:15 look go-7:14,10:17, n�t -151 20:20 11:15,12:4,13:3, l 1 HEARING Ill-1:6 Invested Ill_19:3 new l�l-823,9:14, fenced Ill-11:9 Hearing ill-20:19 Item E1-3:1,420 13:21,1417,16:12 10:12-823 13:8, fence"ltl-11:9 hearing 1el-3:2,3:15, looking r4-520, 16:22 filed 121-3.17,4:22 4:13,421,619, I 13:6,19:2 fire Ill-6:8 J ! next P1-4:19,420. 20:13.21:1,21:5, looks 121-8:5,15:14 6:1.102,10:8 ' fireman Ill-9:24 22.6 lord ill-19,11 t first ly]-3:1,7:20, Jack ti-2:5 nk�12,13224, i help ill-15:9 1 �111-19:3 13:12,13:22 14:3,14:16,16:2 Henne Ill-3:16 'lens Ill-2:8 nkest Ill-13:14 five r4-7:4,12:11 hereby[1l-22:4 Jane Ill-2:9 night Ili Ill 8:8 fix ll-9:4 JeffIll-2:3 night l -8:17 i Depo•Court Reporting Service (630) 983-0030 26 Noble)i]-2:12 14:24,16:2,16:3. R 13:6 street psi-7:10,7:16, nobody Ill-20:11 16:5,16:13,18:20 8:3,8:8,11:4,11:6, none H]-4:13,7:5, f people's 11l-12:24 I S 11:16,12:7,12:11 20:19 i person[31-14:9, I R-1 h]-3:20 - - 13:23,14:119,15:6: I notes[1]-22:9 15:6,15.7 R-2 p]-3:21,5:1 15:8,17:13,18:10 I sale p1-15:13,15:14 1 November(21-4:5, i personally pl-7:12, R-20(11-5:2 Street[17i-3:20,41, 23:2 i 15:2 I raise 121-13:8,19:6 SALLE(t]-22:2 5:1,5:6,5:7.6:21, nowhere Ill-11:23 I Peter(1]-7:1 real(a]-3:23,5:4, school Hl-7:23, 7:3.7-.8.7:13,7:23, 1---- Petitionerhl-4:22 16:10 7:24,17:6,197 Q petitioners ill-3:17 I really t3]-7:24,12:2, schooling ill-16:7 15:12,15:19,15:20 - ----------- pets 11]-11:9 I 12:24 second pi-3:5.4:7, streets m-7:4.12:21 oath[1)-5:10 place pi-6:11,11:15, mason pl-12:20 4.8,4:2,20:15 strict ill-10:3 obligation(11-17:8 22'10 recession 121-14:22, seconded(21-4:11, stringent Ill-13:15 October[1l-1:14 PlaCed ill-11:19 18:2 I 20,16 structure Ill-16:10 PLAN Ill-1:5 record Ill-6:24 security ill-14:13 stuck(1l-16:11 OF[31-12,22:1,22:2 references Ill-13:17 see 1111-5:22,7:3, old lz]-10:11,19:11 Plan let-7:18,12:15, 7:7,8:7,12:2,12:5, cult(2]-22:13,22:14 15:3,17:1,19:1, mferrtng r4-11:7, supplemental[11- Olson pl-7:5,7:16 20:6 18:11 12:7,12:10,12:24, One(3l-3:20,3:21, 15:4,15:5 18:4 5:1 planners I1]-20:5 rotated RI-22:12, s�rPPout[11-16:14 Planning[1]-15:17 22:13 sell Ill-18:7 sworn Ill-5:13 one[7l-5:23,6:1, planning(2]-8:1, remodeling 121-6:10, setl3)-12:1,13:2, 6:3,6:4,7:3,918, 15:7 6:12 23:2 .r 10:5,12:10,14:15, plans pl-6:16,12:14 Rent Ill-18:1 6etup(1l-10:7 14:18,14:19,15,5 seven ill-12:11 15:22,17:1,18:10, Plot Ill-5:22 rent le]-7:20,13:15, plus(11-11,4 13:16,15:13,16:2, Shorthand 111-22:4 Taker Ill-2:14 ones i Peron C4-17:18, 17:16,17:23 shorthand(21-22:5, tall[t]-19:13 Doss H]-5:23,1223, 21:1.21:5 rental(s]-8:23, 22:9 tax 111-16:10 13:22,18:15 0' 13:14,13:20,17:14, side H]-5:24,6:3, taxes 11ol-7:21,16:3, opposed 131-3:12, Prefer 111-9:4 i PRESENT 12]-2:1, 18:4 6:4,6:6 16:6,16:11,17:3, option 20:22 9 2:11 renters Isl-7:9, sided Ill-13:5 17:4,17,5,17:8, option 111-1321 Pretty 111-7:10 14:11,17:11,17:13, siding Ill-13:7 19:15 original 121-12:13, I 22:17 1 problem 111-19:24 18:14,18:15 signed(1]-22:18 ten I21-16:18,1823 Proceedings M- renting 111-17:17 signify 131-3:10, testimony 11]-23:1 otherwise Hl-19:10 '. 21:4,22:5 repeat m-5:10 4:14,20:20 THE I1]-4:10 outcome I1]-22:15 i repeating 1 ovsml ht 111-14:12 ( Pr°c°edings(1]- 9(3]- 6:21, signs(t)-15:12 thereof 121-22:15, g 22:7 17:15,19:22 similar Ill-5:24 22:18 owned 11]-9:13 Prochaska 111-2:7 Report i1]-22:7 single(12)-5:21, thereupon ill-5:12 owner Ill-owne 1119*4 PROCHASKA ill-3:5 I reported Ill-22:5 7:15,11:22,14:6, they've[1l-14:14 rs I Progressive 121-9:7, Reporter 11]-22:4 14:8,15:14,18:8, thoughts[1l-20:6 L 20:6 re�roducedll]- 18:12,18:17,18:19, three pq-3:19,523, P x;20 19:24 6:4,13:5,11:5,1210 ----------- - pronounced Ill-4:22 i Pn�11es H1-11:13, requeating m-3:19, skill I1l-19:12 thme-bedroom 1:4- P.M Ill-1:15 11:24,12:1,13:20 4:24 song[11-19:14 6,4,6:5 requirement 111-9:21 slx[el-7:14,12:11, tlny 111-14:18 Pages 111-22'7 Property ps]-323, � paid m-18:4,19:15 5:4,8:11,8:12.8:13, Residence l3]-3:21, 14:20,15:4,18:13, Tom(1]-2:2 parcel(1l-5:1 8:21,9:1,9:2.9:23. 322,5:2 16:18 total ill-3:24 parcels[11-3:19 11:12,11:17,1121, respO11be let-3:8, so..Il l-6:5 totally Ill-9:3 Park ill-14:24 11:23,1124,12:2, 3:13,4-12.4:17, I solution R)-19:23, touching 111-11:21 parked r4-8:8,15:6 12:5,12:13,13:9, 20:18,20:23 20:3 town t1l-19:16 parking Iz]-11:4 13:10,13:14,13:23, mgwr sibllKy Rl- someone 11l-8:16 townhome I1]-8:19 part 121-12:14,20:24 17:14,18:6,18:18 8:20,22:20 sorry 121-4:10,623 townhomes 11l- parties pl-22:13, prove 111-10:10 nest Nl-11:16 south Rl-4:1,5:6 15:23 22:14 I PUBLIC Ill-1:6 restrained(1!-11:10 speaking Ill-18:19 transcript[2]-22:9, passes R1-3:14,4:18 public le]-3:2,3:15, rezoning(2)-3:19, SS(1]-22:1 22:18 4:20,6:18,10:20, 424 stand Ill-5:10 true(11-22:8 pay llal-7:21,7:22, 14:2,20:13,21:1, Road p)-1:10,4:1 STATE Ill-22:1 trust 11)-19:1 1 ,17:3,17:5 6:12 6:3,16:6, 21:5 rob Ill-15:7 stay(21-15:3,15:11 try t11-18:3 16:12, paying(31-18:15, Put[s7-6:2.6,3.9:14. Robert ill-4:21 , staying 11]-15:7 Two I1]-5:2 17:7,17:10 15:23,19:11 roof I1]-6:3 Steven Ill-3:16 two 6s1-5.23,11:3, PC p]-3:16,4:21 i room I11-8:10 still Ill-9:11 11:4,12:10,16:5 people(el-r20,8:9, i nun M-7:10,9:1, stop It]-18:5 two-car(11-11:3 Depo•Court Reporting Service (630) 983-0030 _ 27 4W M-10:7 Y U yard hl-11:9 under m-19:2, Yards Ill-13:17 22:19,22:21 Year 131-7:10,16:12 years(l1-18:23 unit it-11:5 I YORKVILLE i21-1:2, United(21-3:18,4:23 1:3 UNITED(t)-1:2 i Yorkville(i4)-1:11, unless ill-10:5 I 3:18,4:2,4:23,5:7, i up[ill-8:8,8:23,9:2, 6:22,7:17,8:2, i 9:5,9:14,9:19, i 10:15,14:6.15:3. 11.12,13:10,13:23, 15:18,20:4,20:9 I 19:5,19:11 Yorkville's mi-9:6 urban M-7:18,9:6 young(1)-16:3 -- -- - - Young I+1-2:14 I V Yourself 121-16:22, 19:22 value m-8:11,9:6, _.. ---- -- - 11:12,13:9,13:10, Z 15:9 ; --- - - values[e1-8:13,9:19, 11 zoning M-12:19, I 11:17,13:23,18:7, I 12:20,14:5 i 18:18 Verne(1)-3:16 Village(11-10:2 village pi-20-4 villages h1-9:22 i j Vltosh[21-22:3,23:6 I l vote Ill-10:18 i i walks(l)-17:6 Walter Iq-5:1,5:6, 6:20,7:2.7:8,7:13, 8:5,9:9,9:12,10:16, ! i 15:12,15:19,15:20 I wants Pi-7:18,20:9 WEAVER(q-4:9 i Weaveriq-2:8 Wedgy Ill-1:14 i welcome It)-16:23 i w mrsoi(t)-23:1 whole ill-13:17 Winningerpl-2:9 wish(2)-13:20,16:22 wishes ill-5:9 witnesses ill-5:12 wondering(t)-15:6 Woodridge(21-10A, 10:2 Woodridge-Lisle(tl- j 10:1 world It)-14:10 Wortley t21-3:20,4:1 f I � � Depo•Court Reporting Service (630) 983-0030 J� b 1;0. Memorandum EST. !1 `- To: Zoning in g Board of Appeals From: Krysti I Barksdale-Noble, AICP, Community Development Director CC: Bart Olson, City Administrator Date: October 27, 2011 Subject: ZBA 2011-02 - 312 Walter Street Bulk Variance Requests from R-2D Duplex Two Family District ZBA PUBLIC HEARING: The City has received an application for variances from the City's Zoning Ordinance related to the R-2D Duplex Two Family District. A public hearing has been scheduled before the Zoning Board of Appeals to be held on Wednesday, November 2, 2011, at 7:00 pm at the Yorkville Public Library Meeting Room (902 Game Farm Road). BACKGROUND/REOUEST: The petitioner, Robert Claesson, has an existing single-family residential dwelling located at 312 Walter Street proposed for interior renovation after a mid-summer fire, with ultimate conversion into two (2) rental units. At the October Plan Commission meeting, a recommendation was made in favor of the petitioner's request for rezoning from R-2 One Family Residence District to R-21)Duplex Two-Family Residence District. Due to the size of the approximately 0.21-acre residential parcel, the petitioner is requesting the following relief from certain bulk regulations of the R-2D Duplex Two Family District. • Section 10-6D-3-B to permit a lot size less than 15,000 square feet; property currently has approx. 9,150 sq. feet. • Section 10-6D-3-B to permit a lot width at the building line less than 100 feet. • Section 10-6D-3-B to permit a density greater than 4.8 dwelling units per each acre. EXISTING CONDITIONS: An analysis of the required bulk regulations of Section 10-6D-3-B for the R-2D Duplex Two Family Residence District in comparison to the requested variances of the existing property are indicated below: Current R-2 Zoning Proposed R-2D Requested %Difference Between Requirements Requirements Variance Proposed R-2D and Requested Variance Minimum Lot Size 12,000 sq.ft. 15,000 sq.ft. f 9,147.6 sq.ft. -5,852.4 sq.ft.(-60%) Minimum Lot Width' 80 ft. 100 ft. t 70 ft. -30 ft.(-30%) Max Density 3.3 d.u./acre 4.8 d.u./acrez 9.6 d.u./acre +4.8 d.u./acre(+200%) It is also important to note that the surrounding land uses of existing lots within the vicinity of the subject property are also duplex residential dwelling units considered legally non-conforming, as Lot width is measured at the building line. '-Density is calculated as the number of dwelling units(d.u.)per acre.In this instance,4.8 d.u.per acre is equivalent to 4.8/43,560=0.0001101 d.u.per sq.ft.and 2 d.u.per 9,147.6 sq.ft.is equivalent to 2/9147.6=.0002186 d.u.per sq.ft. they are currently zoned R-2 One-Family Residence District and do not meet the minimum bulk requirements for that district: 908. 1 — Subject Property 10(}2 I� APPROX.LOT SIZE APPROX.LOT WIDTH DENSITY 906—908 MILL ST. 0.29 AC.(12,632 SQ.FT.) 132 ft. 6.9 d.u./acre 303 WALTER ST. 0.21 AC(9,150 SQ.FT.) 72 ft. 9.6 d.u./acre 305 WALTER ST. 0.22 AC(9,560 SQ.FT.) 73 ft. 9.1 d.u./acre 311 WALTER ST. 0.21 AC(9,150 SQ.FT.) 70 ft. 9.6 d.u./acre 313 WALTER ST. 0.21 AC(9,150 SQ.FT.) 73 ft. 9.6 d.u./acre 1002-1004 MILL ST. 0.25 AC(10,890 SQ.FT.) 131 ft. 8.0 d.u./acre 310 WALTER ST. 0.22 AC(9,560 SQ.FT.) 70 ft. 9.1 d.u./acre STANDARDS FOR GRANTING A VARIANCE: The Zoning Board of Appeals must base its decision to vary, or recommend varying, any regulation of the Zoning Ordinance upon the following standards (Section 10-14-5C): 1. Because the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally,to other property within the same zoning classification. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. ZBA ACTION: Upon closing the hearing, staff requests that the Zoning Board of Appeals make its findings for the requested variances based upon each of the standards listed above and testimony/evidence provided during the public hearing. The purpose of the standards is to help guide you in making your decision. Municipal Code 10-14-5-D-1-B outlines the following occasions when the Zoning Board of Appeals may make a final determination: To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or widths of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety percent (90%) of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title. Since the requested lot width and lot size reductions exceed the Zoning Board of Appeals final determination authority, the ZBA will be making only a recommendation to the City Council regarding this variance request based upon your findings of fact. Your recommendation may be to approve the requested variances, recommend approval of the requested variances with condition(s) or recommend denial of the requested variances. RAFT UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday,November 2, 2011, 7pm Yorkville Library Historic Room 902 Game Farm Road Board Members in Attendance Jeff Baker, Chairman Mike Skinner Charlie Walker Don Hirsch Corey Johnson Absent: Ryan Woods Other City Officials In Attendance Krysti Barksdale-Noble, Economic Development Director Alderman Carlo Colosimo Alderman George Gilson Other Guests Dan Kramer, Attorney Robert Claesson Peter Gabor Dan Sokolowski Mike Sokolowski Christine Vitosh, Depo Court Reporter Meeting Called to Order Chairman Jeff Baker called the meeting to order at 7:OOpm. Roll Call Roll call was taken and a quorum was established. Previous Meeting Minutes August 3, 2011 The minutes were approved as read on a motion by Johnson and second by Walker. Unanimous voice vote approval. Citizen's Comments None Public Hearing 1. ZBA 2011-02—Robert Claesson,petitioner,has filed an application with the United City of Yorkville, requesting variations to (a) Section 10-6D-3-B to permit a lot size less than 15,000 sq. ft. and width at the building line less than 100 ft as required for the R-2 Duplex,Two-Family Residence District, and (b) Section 10-6D-3-B to exceed the permitted maximum density of 4.8 dwelling units per acre as required for the R-2 Duplex,Two-Family Residence District. The real property consists of a total of approximately 1 0.21 acres located immediately south of Walter Street and east of Mill Street, Yorkville,Illinois. The property is commonly known as 312 Walter Street. A motion was made by Skinner and seconded by Johnson to enter into Public Hearing at 7:02pm. Voice vote approval. Chairman Baker swore in those who would give testimony. The Public Hearing ended at 7:43pm on a motion by Walker and second by Johnson. Voice vote approval. (See Court Reporter's transcript of Public Hearing). Discussion Skinner questioned the width of the lot. It is 70 feet, which is 10 feet narrower than single-family lot requirements. Chairman Baker noted that if the property were to be sold, it would have to be rezoned. The variance requested is for 1 home with 2 units, which is different than duplex lots. The zoning for this property was originally passed in 1997. Chairman Baker noted that when this area was laid out, the homes were built as duplexes according to the code at that time. Ms. Barksdale-Noble pointed out that the original zoning did permit duplex housing under zoning classification R2 and this section of town became legally non- conforming. Skinner stated the following. The lot is too small for single family according to the current standards. He said density is at issue and noted that Elgin,Naperville and Aurora are paying residents to turn their homes back into single family. He felt that the Board would be setting a precedent if they granted the variances. He said he was surprised that the Plan Commission recommended approval and that he would attend the next Plan Commission meeting to express his concern. Chairman Baker then reviewed the Finding of Fact for this petition. Motion; Board member Walker made a motion to vote on the petition as one issue rather than 3 separate requests. Mr. Skinner seconded this motion. Roll call vote: Hirsch-yes, Johnson-yes, Skinner-yes, Walker-yes, Baker-yes. Passed 5-0 Motion: Mr. Skinner moved to approve ZBA 2011-02 (he read the petition description). Mr. Hirsch seconded the motion. Discussion: Mr. Walker said he believed in property rights, but the issue is property rights and the rights of others. He believed approval of the petition would be spot zoning and he did not agree with that. Roll call: Hirsch-no, Johnson-no, Skinner-no, Walker-no, Baker-no. Motion failed 0-5. 2 Chairman Baker noted the City Council has the final authority on this request and they will meet on December 13th Additional Business 1. ZBA Meeting Schedule for 2012 This Board will continue to meet on Wednesdays in 2012. Mr. Skinner thanked Ms. Barksdale-Noble for her hard work on the recent building code revisions and said the committee was very fortunate to have her expertise. There was also a very brief discussion of zoning changes in other towns. Adi ournment The meeting was adjourned at 8:1 Opm on a motion by Walker and second by Johnson. Minutes respectfully submitted by Marlys Young 3 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS ZONING BOARD OF APPEALS MEETING PUBLIC HEARING 902 Game Farm Road Yorkville, Illinois Wednesday, November 2 , 2011 7 : 00 p.m. D-954111 DepoCourt Reporting Service, Inc. (630) 983-0030 Page 2 1 PRESENT: 2 Mr. Jeff Baker, Chairman, 3 Mr. Corey Johnson, 4 Mr. Charles Walker, 5 Mr. Don Hirsch, 6 Mr. Mike Skinner. 7 8 ALSO PRESENT: 9 Ms . Krysti Noble, Community Development 10 Director; 11 Ms . Marlys Young, Minute Taker. 12 - - - - - 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service, Inc. (630) 983-0030 Page 3 1 CHAIRMAN BAKER: Could I have a motion 2 to go into public hearing, please? 3 MR. SKINNER: So moved. 4 CHAIRMAN BAKER: Do I have a second? 5 MR. JOHNSON: Second. 6 CHAIRMAN BAKER: Moved and seconded. 7 All those in favor say aye . 8 (A chorus of ayes . ) 9 CHAIRMAN BAKER: Opposed? 10 (No response. ) 11 CHAIRMAN BAKER: All right . We are now 12 in a public hearing. Anyone wishing to speak in 13 this public hearing tonight, I need to swear you 14 in, so if you would now stand, I ' ll swear you in, 15 we can all talk. 16 (The witnesses were 17 thereupon duly sworn. ) 18 CHAIRMAN BAKER: All right. 19 Mr. Claesson. 20 MR. CLAESSON: Yes, sir. 21 CHAIRMAN BAKER: Would you like to tell 22 us what you want to do? 23 MR. CLAESSON: Okay. What I am looking 24 to do is add a second story onto my house, which I DepoCourt Reporting Service, Inc. (630) 983-0030 Page 4 1 have drawn a picture here. This would be the 2 second story, onto this house right here -- Where 3 am I? Find my own house. 4 MS . NOBLE: 312 . Second row. 5 MR. CLAESSON: There you go. You can 6 barely see it. I want to put a second story here 7 and add other living space. 8 I 've actually been to the building 9 commissioner, I 've been to the person in charge of 10 building and zoning, and there is nothing stopping 11 me from putting a second story on there. 12 I am completely within the law and 13 my rights to put extra bedrooms, completely with 14 the law and my rights to put in a kitchen, and 15 it' s completely within the law for me to rent 16 these rooms out to people, I can have roommates . 17 There is nothing stopping me from doing any of 18 that. 19 I was actually doing that before I 20 had an accident to my house and it caught on fire. 21 I had other people there living with me to help 22 supplement my rent, okay? 23 So what I had to do, though, because 24 it is zoned single family, was pay all of the DepoCourt Reporting Service, Inc. (630) 983-0030 Page 5 1 utilities myself, and that made it difficult, so 2 what I want to do is split the utilities so I have 3 two separate meters . The only way I can do that 4 is to change my house into multi-family. 5 I can still rent it out, I can still 6 put two kitchens in it, there is nothing stopping 7 me from doing that, into a single family home. 8 I have already talked to the 9 building guy, he said my plans will pass, so I am 10 actually going to do it . 11 I basically want permission to 12 change it to multi-family so that I could have a 13 separate meter for one side, a separate meter for 14 the other side. 15 Where I 'm restricted is I have to -- 16 if it ' s not multi-family, I have to live in the 17 house in order to do that, which I 'm willing to do 18 and what I 'm planning to do, but if I can get it 19 switched to multi-family, it will allow me the 20 flexibility in my life to move out if my -- you 21 know, when my daughter grows up or whatever, I can 22 move on or stay there, but it gives me the 23 flexibility to do what I want, to treat the 24 property the way I want to treat it, which is an DepoCourt Reporting Service, Inc. (630) 983-0030 Page 6 1 income property like the other houses . Many, many 2 of the other houses on our street are already 3 duplexes . 4 I mean, you can see this one here, 5 which has all been built back in the 70s or 60s . 6 This home here is right across the street, it is 7 already a duplex, this house here at the corner is 8 a duplex, this house here is a duplex, this house 9 here is a duplex, this house here is a duplex. 10 The single family homes in the -- on 11 the street already have gone into foreclosure 12 probably due to people not being able to pay their 13 mortgage, which is what I would guess, and that ' s 14 kind of what I 'm trying to avoid having happen to 15 my house . 16 So that ' s the reasoning why I want 17 to change it. I want to have the flexibility to 18 move out of my house if I want to, or, you know, 19 so that I don't have to stay there, and basically 20 split the utilities off . 21 I have the plans . Anyone wants to 22 see them, they're right here. They're drawn up. 23 And that ' s pretty much it . 24 I know that my lot size it shows DepoCourt Reporting Service, Inc. (630) 983-0030 Page 7 1 doesn' t comply with what Yorkville is requesting, 2 but neither do the other lot sizes that have 3 already been accepted as duplexes, so I really 4 don' t see -- I 'm not -- I 'm not changing the 5 footprint of my house at all . 6 All I 'm doing is going up one story 7 on one section and want to add three bedrooms and 8 a bathroom. Really that ' s the only difference of 9 what I wanted to do before. 10 I had a kitchen in my garage, I had 11 a kitchen in my upper part . I changed my garage 12 into a living quarters, and that ' s what I was 13 living in. I have a bedroom, a kitchen and a 14 dining room in there, two bedrooms downstairs, and 15 I just have a better plan. 16 It will improve the property, it 17 will improve the land around it. It will look 18 nicer than it is now, and with the board' s 19 permission, that ' s what I hope to be able to do, 20 split it off multi-family and have separate -- 21 separate utilities . So that ' s it. 22 CHAIRMAN BAKER: All right . 23 MR. CLAESSON: Any questions? 24 CHAIRMAN BAKER: Does the board have any DepoCourt Reporting Service, Inc. (630) 983-0030 Page 8 1 questions for Mr. Claesson at this time? 2 MR. WALKER: Yeah, I do. What is the 3 total square footage in the house? 4 MR. CLAESSON: Well, right now the 5 square footage, not including the garage -- 6 MR. WALKER: As it stands now. 7 MR. SKINNER: Well, the garage is 8 occupied now, correct? 9 MR. CLAESSON: My house had a fire, so 10 right now my house is gutted. Before the fire, 11 the garage had a kitchen, a bedroom and a dining 12 room in it. 13 MR. SKINNER: So you should include that 14 as occupied space. 15 MR. CLAESSON: Correct, which I would -- 16 I 'm not -- I 'm saying around 1900 square, 17 approximately. 18 MR. WALKER: Is that with or without the 19 garages? 20 MR. CLAESSON: That ' s with the garages . 21 MR. WALKER: What about without the 22 garages? 23 MR. CLAESSON: Without the garages, 1400 24 square I believe, 1450, very close to that. DepoCourt Reporting Service, Inc. (630) 983-0030 Page 9 1 MR. WALKER: Okay. And how much are you 2 adding for the second -- Well, then the first 3 unit -- 4 MR. CLAESSON: I 'm not -- 5 MR. WALKER: Would you say the first 6 unit is 1400 square foot? 7 MR. CLAESSON: They are 19 by 25 times 8 three, so -- 9 MR. WALKER: But that includes the 10 garage . 4. 11 MR. CLAESSON: That ' s not including the 12 garage . 13 MR. WALKER: So the basic unit is 1400 14 square foot? 15 MR. CLAESSON: Yes . 16 MR. WALKER: What will the second unit 17 be? 18 MR. CLAESSON: Approximately another 450 19 square foot . 20 MR. WALKER: So you're adding 450 square 21 foot? 22 MR. CLAESSON: Correct. 28 by 19 . 23 MR. WALKER: And will that be the entire 24 second unit? DepoCourt Reporting Service, Inc. (630) 983-0030 Page 10 1 MR. CLAESSON: That will be the entire 2 second floor above -- 3 MR. WALKER: But that ' s a separate unit. 4 You are making a duplex. 5 MR. CLAESSON: Yes, sir. 6 MR. WALKER: So one unit will have 7 1400 square feet, the other will have 450 . 8 CHAIRMAN BAKER: No, no. 9 MR. CLAESSON: No, they' ll be the same. 10 This is what I have now; I 'm going to put an 11 addition above here, so this will be one unit. 12 And then this here is a tri-level . I have three 13 foot buried here. One -- 14 They are basically mimicking each 15 other; they' re the same unit, same square footage, 16 just with the wall down the middle. 17 You don't -- It doesn't look like 18 the same height because this level is a tri-level 19 and it ' s under the ground level, so I have one 20 level here, if you could like look behind the 21 garage, and another level, one level here and 22 another level . 23 MR. WALKER: So are you saying both 24 units will be 1400 square foot? DepoCourt Reporting Service, Inc. (630) 983-0030 Page 11 1 MR. CLAESSON: No, sir. No, sir. 2 MR. HIRSCH: No, 925 . 3 MR. CLAESSON: Yeah. Yes . Separate -- 4 Beforehand the whole thing together, with this, 5 this and this, was 1400 . I 'm adding about 450 and 6 I 'm splitting it in half, so you' re looking at 7 about -- I haven' t done the exact, but I 'm looking 8 at about 950 apiece. Does that sound about right? 9 MR. WALKER: Okay. So you' re saying 10 that both units would be somewhat equal at 950 . li MR. CLAESSON: very close to equal, if 12 not identical . 13 MR. WALKER: How many bedrooms would 14 each unit have? 15 MR. CLAESSON: Three. 16 MR. WALKER: Each unit would have three? 17 MR. CLAESSON: Yes, sir. 18 CHAIRMAN BAKER: How many baths? 19 MR. CLAESSON: One bath in the right 20 unit, two baths in the left unit. That ' s just 21 because it ' s all -- 22 MR. WALKER: And each would have a 23 kitchen you said? 24 MR. CLAESSON: Each would have a DepoCourt Reporting Service, Inc. (630) 983-0030 Page 12 1 kitchen, yes . 2 MR. WALKER: And to accomplish this, you 3 have to forego the two-car garage? 4 MR. CLAESSON: No, the two-car garage 5 will stay. To do this all I have to do is add the 6 second story to the right half of the house. 7 MR. WALKER: There will be a garage? 8 MR. CLAESSON: There will be a two-car 9 garage, one car for each side, and then I have 10 off-street parking enough to accommodate three 11 cars for each apartment all off the street, 12 because my driveway can accommodate two cars on 13 each side and then the garage can accommodate one 14 car on each side. 15 CHAIRMAN BAKER: Any other questions 16 from board members? 17 MR. WALKER: One other. When I asked 18 about the bedrooms, so basically each unit ' s going 19 to be three bedrooms, one and maybe two baths . 20 How about any other living areas? 21 MR. CLAESSON: Living room, dining room. 22 MR. WALKER: And what ' s the size of 23 those going to be? 24 MR. CLAESSON: These are all laid out DepoCourt Reporting Service, Inc. (630) 983-0030 Page 13 1 here, if you care to look at it. 2 MR. WALKER: I ' ll accept what you tell 3 me . 4 MR. CLAESSON: Let ' s see. I have -- The 5 dining rooms are about 9 by 11 . The kitchens are 6 looking to be approximately 8 by 13 , the other one 7 is more like 10 by 13 . 8 The bedrooms are coming out to be 9 about 8 by 11, a master bedroom bigger than that 10 on the one unit, and a master bedroom bigger on 11 the other unit by a few feet . 12 Living area, big living area, you' re 13 looking at about four, 12 , 16 -- 17 by 14 approximately 14 on the one, and the other side is 15 a little bit smaller than that because of the .16 laundry room, and that ' s four -- again, about 15 17 by 14 it looks to be. 18 Dishwasher in each unit, gas range . 19 The one unit has an extra bathroom because it 20 already was there, so the one unit had a bathroom 21 downstairs and a bathroom upstairs . The other one 22 I 'm adding a bath to. 23 CHAIRMAN BAKER: If there' s no more 24 questions, I ' ll take questions from the public. DepoCourt Reporting Service, Inc. (630) 963-0030 Page 14 1 None? 2 MR. SKINNER: None. 3 MR, JOHNSON: No. 4 CHAIRMAN BAKER: Is there anyone in the 5 audience that wishes to discuss this tonight? 6 Please raise your hand. When you stand up, please 7 state your name so that we can have it recorded. 8 Sir. 9 MR. GABOR: My name is Peter Gabor, 10 G-A-B-O-R, and it sounds like based on the 11 gentleman' s statements it ' s a done deal, 12 apparently -he talked to everybody who said it ' s 13 going to be approved, so I don' t know why there is 14 a Board of Appeals. Apparently it ' s not a done 15 deal . 16 I hope it ' s not a done deal because 17 I 'm not familiar -- familiar with the six other 18 duplexes that are down the road, six other ones, 19 as far as whether they meet the requirements, but 20 I do know that the gentleman' s asking for a 21 variance to the lot size because his lot is too 22 small, the width of his lot is short by 75 feet 23 and the density requirement is not met. 24 So basically my problem with another DepoCourt Reporting Service, Inc. (630) 983-0030 Page 15 1 duplex on the street where I live is that how many 2 is enough. 3 I talked to a realtor from Coldwell 4 Banker and she ' s told me that the value of the 5 single family homes on Walter Street will be less 6 because of the appearance of the street, and a lot 7 has to do with the appearance of the duplexes . 8 If you take a drive down Walter 9 Street, you will see some homes, duplexes, for 10 sale, some apartments for rent constantly. 11 A majority of the duplexes don't 12 have blacktop, their gravel is in the street, so 13 it ' s like a big gravel parking lot as you' re 14 driving down the road, Mill Street. 15 I was here at the last meeting and 16 after that I talked to all of my neighbors, and 17 apparently the information that I got was that the 18 gentleman does not live there, has not lived there 19 for years, which is contrary to what was told here 20 last month, and that ' s -- that ' s fine, except tell 21 the truth. 22 My concern is that who' s going to 23 move into those apartments? Is it going to be a 24 sex offender? Is it going to be a drug addict? DepoCourt Reporting Service, Inc. (630) 983-0030 Page 16 1 Is it going to be a house of ill repute? 2 You put down a thousand dollar 3 deposit for security, trash the house, you 4 disappear, you've got nothing invested. 5 Us homeowners have got hundreds of 6 thousands of dollars invested in our homes , and if 7 Yorkville wants to progress instead of taking care 8 of the special interests of one person, take care 9 of the special -- take care of the interests of 10 the majority. 11 You know, the thing that ' s on the 12 news today, we' re the 99 percent, he ' s the one 13 percent, well, that applies to Walter Street . The 14 people who own the single family homes who live 15 there are the majority. The people who own the 16 duplexes who don't live there, all they want is 17 income so that they can pay their mortgage. 18 I 'd love to rent out two of my rooms 19 because my children are gone and, you know, I 20 could get extra money, but maybe I should ask for 21 a variance and do that, but I talked to my 22 neighbor right next to me on Illini Drive, they -- 23 Speaking of cars, do I want to see six cars in one 24 driveway? You see the whole street parked up all DepoCourt Reporting Service, Inc . (630) 983-0030 Page 17 1 night. 2 One of the cars of my neighbors, the 3 Pape ' s, was vandalized in August, some piece of 4 equipment was taken, and in the back seat somebody 5 either poured a liquid or poured urine on the back 6 seat, and I don' t know -- I 'm not saying the 7 people in the duplexes or the single family homes 8 are the culprits, but let ' s make Walter Street a 9 community of single family homes and let ' s leave 10 the six duplexes, and enough is enough. 11 CHAIRMAN BAKER: All right. Thank you 12 very much for sharing your opinion with us 13 tonight . 14 MR. GABOR: You' re welcome. 15 CHAIRMAN BAKER: Does anyone wish to ask 16 him any questions on anything that he said? 17 (No response . ) 18 CHAIRMAN BAKER: Very good. Would you 19 like to state an opinion tonight? If so, please 20 stand and state your name . 21 MR. SOKOLOWSKI : Hi, my name is Dan 22 Sokolowski, and I 'm here to also comment on the -- 23 in essence, first of all, the residency of this 24 gentleman here, and truly, we live -- kind of DepoCourt Reporting Service, Inc. (630) 983-0030 Page 18 1 share kitty-corner backyards, and I haven' t seen 2 him there full-time. I know he has been there. 3 when we first moved in, there wasn' t 4 a lot of upkeep in the backyard, the dogs were 5 always back there, and to me, it didn' t seem like 6 it was well kept or well maintained. 7 Certainly things are different now, 8 he has a younger daughter, he ' s responsible for 9 her, and I know that is probably why he is doing 10 this, he has a family he is responsible for. it However, to Peter' s comment is like 12 I -- you know, tell the truth. It ' s -- You 13 haven't been there the whole time, so let' s be 14 honest. 15 The other question I have is -- 16 possibly the board can answer this -- we currently 17 have parking restrictions in our area, so there is 18 no street parking for ourselves, so how many cars 19 can a driveway satisfy with how many residents 20 that may actually be licensed drivers with 21 vehicles? 22 How many vehicles does this 23 gentleman own and what will he need to keep in the 24 driveway? I 'm just, you know, stating the obvious DepoCourt Reporting Service, Inc . (630) 983-0030 Page 19 1 here . 2 So we have issues with parking in 3 our area as it is . I have multiple vehicles and 4 it is difficult for me to park in my short 5 driveway, and I just can' t imagine that being easy 6 to do either having multiple tenants . 7 CHAIRMAN BAKER: Those are very good 8 questions . As far as the parking goes, I don' t 9 believe there is a sidewalk in front of his house, 10 and I don' t believe we ' ll be requiring one. 11 MS . NOBLE: No. 12 CHAIRMAN BAKER: Which means he can use 13 it all the way out to the street because he ' s not 14 crossing a pedestrian access . 15 MR. SOKOLOWSKI : Okay. 16 CHAIRMAN BAKER: That I do know. As far 17 as the other topics you have brought up, would you 18 like to respond to any of those? 19 MR. CLAESSON: I definitely would. I 20 bought the house in 199 . Me, my wife, her three 21 kids and my one daughter, moved in. I lived there 22 with them until 106 . I went through a divorce . 23 I ' ll admit during the divorce I may 24 have let my yard go a little bit. My life wasn' t DepoCourt Reporting Service, Inc. (63 0) 983-003 0 Page 20 1 in perfect order and I may not have mowed my lawn 2 on time. I apologize to you for that . 3 The reason I moved out temporarily 4 was my girlfriend has lymphoma, was going through 5 chemotherapy for about a 12 to 11-month period of 6 time. 7 I rented my portion during that 8 period of time. I moved in with her, took care of 9 her. She went through her chemotherapy and she is 10 now feeling better. After she got back on her 11 feet, I moved back into my house. 12 The only reason it was that duration 13 of time is because I didn't want to move my 14 daughter from one house to the other house, 15 otherwise I would have been back in less than the 16 amount of time, but since I wanted to keep her and 17 not move her during the school year, I was gone 18 for a year. Not years, but one year. And that 19 was why, because I wanted to take care of her 20 while she was under chemotherapy, and that' s the 21 truth, and I can give you name and information and 22 everything if you would like to check up on it. 23 As far as the gravel in the street, 24 that ' s not my house. I have a concrete driveway. DepoCourt Reporting Service, Inc. (630) 983-0030 Page 21 1 My house does not apply to the gravel in the 2 street . 3 Not lived there, that ' s my reasoning 4 why I didn' t live there. You know, maybe shame on 5 me, maybe not . I 'm going to take care of my 6 girlfriend when she ' s going through chemotherapy. 7 Who will rent it, you know, you've 8 got all these other rental properties. If he ' s 9 worried about sex offenders, we' re next to a 10 school . They will all have to -- you know, they 11 all have the restrictions next to the school . If 12 you' re worried about that, you' re going to worry 13 about that with all of those. 14 He says homeowners have hundreds of 15 thousands of dollars invested into their house . 16 So do I. I am a homeowner and I have that amount 17 of money invested in my house, too, so I do have a 18 vested interest in my property, in how it's 19 maintained, how it ' s kept, so I don' t see how that 20 really applies to me . 21 I 'm not 99 percent and I 'm not the 22 one percent because six houses out of 14 are 23 already duplexes . That ' s not really one percent. 24 A three-bedroom apartment, as far as DepoCourt Reporting Service, Inc . (630) 983-0030 Page 22 1 that goes, I suppose they could have three cars to 2 each one . I 'm looking to rent to a family with 3 some kids, maybe two cars . You know, even if they 4 do have three cars in each, it ' s one in the garage 5 and two in the driveway. That ' s I think perfectly 6 acceptable. It ' s all off of the street. And I 7 actually have space in front of my house that the 8 other duplexes already park there, so my house is 9 accommodating some of the other neighbors already. 10 Let ' s see. As far as Mr. Gabor, 11 he ' s concerned about all these duplexes, but all 12 of these duplexes -- I went down to the County -- 13 were already built, standing, and being rented 14 when this gentleman already bought his house. 15 So he knew he was buying a house on 16 a street with rental property. Now that he' s 17 unhappy living there with the rental property, I 18 don' t really see how that pertains to my 19 particular instance, you know. - The rental 20 property was there ahead of time before he bought 21 it. If it was a huge issue with him, he at least 22 knew it was there, you know. 23 I touched on Mr. -- Dan ' s, as far 24 as me not keeping my yard, well, you know, that DepoCourt Reporting Service, Inc. (630) 983-0030 Page 23 1 was for a short period of time . It ' s been kept 2 well now. 3 I do have a daughter, she goes to 4 school right down the street, she walks to that 5 school, and I plan on renting to, you know, other 6 families, not -- I 'm certainly not going to rent 7 to three single men or three single people to come 8 in there and disturb the neighborhood. That ' s not 9 going to be from me . 10 I guess I touched on everyone ' s 11 topics . The driveway, like I said, you're worried 12 about all the cars . on my property, it can 13 accommodate six cars, so why can' t I park six cars 14 on my property? I mean, it ' s my property, it ' s my 15 driveway. It can accept all of it. 16 MR. SOKOLOWSKI : Not saying you can' t, I 17 just asked. That ' s all . 18 MR. CLAESSON: So, I mean, it ' s the 19 other duplexes that have on the street parking, 20 not what I want to do to mine, so I don't really 21 see all of these issues pertaining to me. Seems 22 like some of these issues are just pertaining to 23 the circumstances and where they live and the 24 situation he lives in. DepoCourt Reporting Service, Inc. (630) 983-0030 Page 24 1 He ' s right, there are a lot of 2 duplexes on that street already. That ' s why I 3 don' t think it ' s a big stretch for mine. 4 And my house is a home -- If you 5 were to look at it from the outside when I get 6 done with my addition, it still looks like a home, 7 it doesn' t look like a duplex. 8 I showed you the front picture of 9 it . It still looks like a single family home, it 10 just looks like a bigger single family home. It 11 doesn' t look like any of those other duplexes . 12 So as far as the rental of the 13 property value going down, if I was building one 14 of these half-roofed duplexes like that, I could 15 see it going down. 16 And I think Mr. Gabor is upset, he 17 lives over here directly by two of these, of the 18 less attractive looking duplexes, and one of these 19 backs up directly to his property, and he stated 20 the other day he was unhappy with the pets going 21 in his yard and this and that, but here again, all 22 due respect, that ' s not my property, that' s this 23 other gentleman' s property, and that ' s not my dog, 24 that ' s their dog, and my house is not even DepoCourt Reporting Service, Inc . (630) 983-0030 Page 25 1 visible . 2 If he steps out his front door, he 3 cannot even see my house . Can' t even see it . So 4 is it going to affect his view? Is it going to 5 affect the street like the other ones? I don' t 6 think so. I think it will make my house look 7 bigger, nicer and add value. 8 I think if you just say just the 9 rental property, yeah, it might decrease, but as 10 you can see from the drawings, you would never 11 know that ' s a duplex. You would never know it 12 from the street . I mean, you really wouldn't . 13 And there ' s no way to tell . It looks just like -- 14 just like a regular family home. 15 This is -- this is what I look to 16 build. What I already have there is this very, 17 very roof . This roof slid down. That' s what my 18 house looks like right now. 19 I have two levels, and that ' s what 20 it ' s going to look like afterwards. Just one 21 extra story accommodating some more living space. 22 I 'm in construction, you know, I got hit by the 23 recession really hard, and my mortgage is really 24 trumping me now, so I have to rent out part of my DepoCourt Reporting Service, Inc. (630) 983-0030 Page 26 1 house to keep from losing my house. I 've been 2 paying on it for 13 years . I don' t -- 3 MR. SKINNER: Excuse me . Point of 4 order, Mr. Chairman. He should be addressing the 5 board, not other members in the audience . 6 MR. CLAESSON: Oh, I 'm sorry. 7 CHAIRMAN BAKER: Very good. Point of 8 order taken. 9 MR. CLAESSON: I just wanted them to see 10 what I was doing. 11 CHAIRMAN BAKER: I understand, and all I 12 want is everyone to get along and be happy, so 13 that ' s why I let things slide. 14 MR. CLAESSON: Oh, I 'm sorry. I didn' t 15 understand I was doing something wrong. 16 MR. SOKOLOWSKI : Does the tax basis 17 change at all from a single family home to a 18 duplex? 19 CHAIRMAN BAKER: No, it ' s not really 20 going to change at all . 21 MR. SKINNER: Yes, they do. 22 CHAIRMAN BAKER: Not really. 23 MR. SKINNER: I 'm a duplex owner. 24 MR. JOHNSON: How is it -- DepoCourt Reporting Service, Inc. (630) 983-0030 Page 27 1 MR. SKINNER: Well, when it was zoned as 2 one piece of property on one tax bill, my tax bill 3 was $7 , 000 . When I split it into two separate 4 dwelling units, two separate owners, it went 5 immediately to $8 , 000, $4, 000 per side. 6 Subsequently each side has gone up. 7 MR. JOHNSON: I have a duplex and I own 8 the whole thing and it hasn' t done any of that. I 9 mean -- 10 MR. SKINNER: But you own both sides, 11 right? 12 MR. JOHNSON: Right . 13 MR. SKINNER: When I split mine into two 14 tax bills is when it split. 15 MS. NOBLE: Your unit will be a rental, 16 so you will be the only owner, one parcel. 17 MR. CLAESSON: Absolutely. Well, my 18 taxes just went up 40 percent this year, so it ' s 19 not like I 'm not paying taxes, I certainly am, you 20 know. 21 CHAIRMAN BAKER: So yours won' t be 22 affected, where yours will because you sold it 23 off, both halves -- 24 MS . NOBLE: His won' t be affected. DepoCourt Reporting Service, Inc. (630) 983-0030 Page 28 1 MR. SKINNER: I sold half . 2 CHAIRMAN BAKER: Right . But no, that ' s 3 still a single family home and it ' s not going to 4 be -- 5 MR. SKINNER: His is -- He can sell half 6 of his. 7 MS . NOBLE: He would have to split the 8 lot. 9 CHAIRMAN BAKER: No. 10 MS . NOBLE: His house, his lot, would 11 not be able to be split unless he comes in for 12 another variance. 13 MR. CLAESSON: No. 14 MR. SKINNER: Exactly, that' s -- 15 CHAIRMAN BAKER: Right. Well, yeah, he 16 would need another variance to do so. 17 MR. SKINNER: Exactly. Well, it could 18 be split. It would be almost a condominium. 19 CHAIRMAN BAKER: Yeah, but he would have 20 to come back before us to do that . 21 MR. SKINNER: Whatever, but yes, he 22 could. 23 MR. CLAESSON: Apologize for not 24 addressing the board earlier. DepoCourt Reporting Service, Inc. (630) 983-0030 Page 29 1 CHAIRMAN BAKER: That ' s quite all right. 2 Yes, sir. 3 MR. GABOR: So your property went from a 4 single family to a duplex and your taxes went up? 5 MR. SKINNER: No, no. My property -- I 6 built a duplex. 7 MR. GABOR: Okay. And your taxes went 8 up a thousand dollars? 9 MR. SKINNER: When it was one -- one tax 10 bill -- 11 MR. GABOR: Right. 12 MR. SKINNER: -- I owned half and rented 13 half . When I sold half, I had to split the tax 14 bill . Then at that time I had to have two tax 15 bills . 16 I went from 3500 per side, 7, 000 17 total actually, but one tax bill, so it was -- 18 they still pay taxes, they paid it in rent. When 19 I sold half, the new owner then and mine went from 20 3500 to $4 , 000 . 21 MR. GABOR: Okay. The assessor who 22 evaluates the value of single family homes, 23 duplexes, has certain things to go by, the square 24 footage, what ' s usable, what ' s not usable, and the DepoCourt Reporting Service, Inc. (630) 983-0030 Page 30 1 equation does not take into consideration that if 2 it ' s a duplex and it has a family of four, two 3 kids, family of five, three kids in each, that ' s 4 six more kids going to school, all the school 5 budget is financed by real estate taxes, so right 6 now the value of my property because of the 7 economy has gone down, the real estate taxes have 8 not . 9 Someone ' s going to have to pay for 10 the lunches for those kids, someone ' s tax money is 11 going to have to pay for the arts, the activities, 12 and I am not against education, I have a college 13 degree, both my children have a college degree, my 14 wife is a teacher. What I 'm saying is there ' s no 15 way to know who is going to rent that apartment . 16 You may think of the ideal I 'm going 17 to rent only to a married couple, no single men, 18 no single girls, no wild parties, but that ' s a -- 19 that ' s a pipe dream. 20 The reality is it' s quite possible 21 each apartment is going to be cluttered with ten 22 people, six kids, and all I 'm -- I 'm not against 23 the duplex, and I knew the duplexes were there 24 when I purchased my house, and I purchased my DepoCourt Reporting Service, Inc. (630) 983-0030 Page 31 1 house. 2 All I 'm saying is the village of 3 Yorkville should have some kind of a guideline as 4 to how you plan the streets by -- the street Dan 5 lives on is all single family. It ' s beautiful . 6 Walter Street is quite -- it ' s like day and night. . 7 Just planning for the future, I have 8 no problem with the duplexes that are there. I 9 don' t think Walter Street needs any more. It ' s 10 that simple . Because not only does Walter Street, 11 but when you go on Mill Street, all those homes 12 are duplexes . 13 Is Yorkville going to be just -- I 14 mean, everybody -- maybe I should get my home into 15 a duplex. I 've got three acres, and one side can 16 have an acre and a half, one can have an acre and 17 a half, and I can live in one and -- you know, is 18 that what Yorkville wants, everybody who is 19 entitled to having a duplex do it? I don' t think 20 so. 21 It should be a single family 22 community with planning for duplexes, townhomes, 23 condominiums, apartments, but it ' s got to be 24 planned, not random where we already have six, and DepoCourt Reporting Service, Inc. (630) 983-0030 Page 32 1 I don't think I 'm out of line in saying six is 2 enough. 3 CHAIRMAN BAKER: Thank you for your 4 comments tonight . If anyone has any new 5 information to speak of, I will listen to it. 6 Otherwise I have a letter from Russell and Lisa 7 Pope -- Pap? 8 MR. GABOR: Pape. 9 CHAIRMAN BAKER: Pape, excuse me . I 'm 10 sorry. They are at 320 Illini Drive, and it ' s to it the City Clerk. 12 The letter states : We are unable to 13 attend the public hearing for the board -- for the 14 appeal, but would like to share our comments and 15 concerns. 16 The lot in question resides on 17 Walter Street . While there are already duplex 18 units on Walter Street, those units were designed 19 and built as duplexes on lots that were sized for 20 duplexes . 21 The lot in question currently 22 contains a single family unit, but for the last 23 couple of years, that single family unit has been 24 converted into two separate unit dwellings by DepoCourt Reporting Service, Inc. (630) 983-0030 Page 33 1 transitioning a garage space into a living area. 2 I would like to recommend not 3 approving this appeal on the following concerns : 4 Number one, the lot size is not significant to 5 hold a duplex unit and the zoning should not be 6 changed to get around that . It is barely able to 7 hold a small single family house right now; 8 Number two, there is no way we 9 should -- and "no way" is capitalized -- we should 10 allow the density to be increased because of 11 garage space -- garage space would be gone, all 12 the vehicles would have to park outside, and the 13 driveway is shortened and can barely hold four 14 vehicles ; 15 Number three, the owner, to our 16 knowledge, has not been living there for the past 17 couple of years, but was renting it out to several 18 tenants, operating it as a duplex rental unit 19 already. 20 I have met and talked to the owner, 21 he is a nice man, I have no personal grievance 22 against him; however, I do not see that allowing 23 this duplex appeal would improve the neighborhood 24 at all . In fact, could further reduce the value DepoCourt Reporting Service, Inc. (630) 983-0030 Page 34 1 of units in the immediate area, including my home. 2 Walter Street supports duplex 3 housing units, but within the bounds of zoning, 4 and was set up for a good reason in the past. 5 There is no reason to make an exception for the 6 zoning in this case. 7 The house was designed as a single 8 family house and should not be converted, nor does 9 the lot size support the duplex living 10 arrangement . Sincerely, Russell and Lisa. 11 I 'd like to put that into evidence 12 or whatever. 13 MS . NOBLE: Record. 14 CHAIRMAN BAKER: Record. All right. ' I 15 would like to thank everyone for their opinions 16 tonight. 17 MR. WALKER: I have a question. Can I 18 do that? 19 CHAIRMAN BAKER: If you want to do it in 20 the public hearing, I will accept it, yes. 21 MR. WALKER: All right . As long as I 22 can discuss that with the board, I don' t care 23 whether it ' s public or not. 24 CHAIRMAN BAKER: I don' t care, that ' s DepoCourt Reporting Service, Inc . (630) 983-0030 Page 35 1 fine . 2 MR. WALKER: The question which I asked, 3 the existing duplexes on Walter Street, they' re 4 non-conforming; is that correct? 5 MS. NOBLE: For -- 6 CHAIRMAN BAKER: No, that ' s not correct . 7 MS . NOBLE : Are you asking me? 8 MR. WALKER: Yes . 9 MS. NOBLE: There are two standards, 10 yes . On Page 2 of the memo, it lists all of the 11 units on Mill and Walter Street, showing that 12 most, if not all, are not in conformance with the 13 current R2 zoning. 14 MR. WALKER: But does that mean with the 15 status of non-conforming that the zoning was 16 passed after those homes had already been 17 constructed? 18 MR. JOHNSON: Yes . 19 MS. NOBLE: Yes . 20 MR. WALKER: All right. And what we ' re 21 asking for here now is a variance, which is 22 different from a non-conforming status . 23 MS. NOBLE: Correct . 24 MR. WALKER: If it was a non-conforming DepoCourt Reporting Service, Inc. (630) 983-0030 Page 36 1 status, if these homeowners or property owners 2 would make major improvements , then they would 3 have to seek variances; is that correct? 4 MS . NOBLE: Correct . 5 MR. WALKER: Okay. 6 MS . NOBLE: Or bring the property into 7 compliance. Yes. 8 MR. WALKER: Thank you. 9 CHAIRMAN BAKER: Very good. 10 MS. NOBLE: May I add something? 11 CHAIRMAN BAKER: You may certainly add 12 anything you like, just let me know. 13 MS . NOBLE: Thank you. I would like to 14 give a little history on the hearing. Last month, 15 as the gentleman mentioned, this project was up 16 before the Plan Commission for the zoning. Right 17 now it is zoned R2, which are all the properties 18 on Mill and Walter Street . 19 The rezoning was recommended for 20 approval 5 to 2 , and now we ' re here with the 21 actual variances that are requested. 22 On Page 2 of your memo, it lists 23 each of the properties on Walter and Mill Street, 24 those that are duplexes, and it shows the lot DepoCourt Reporting Service, Inc . (63 0) 983-0030 Page 37 1 size, the approximate lot width, and the density. 2 If you notice, each of those 3 properties, I believe there are seven, do not meet 4 their current R2 , as well as this property does 5 not meet its current R2 zoning requirements for 6 both. 7 Lot sizes for most are less than the 8 15 , 000 square feet that ' s required. Lot sizes -- 9 the lot width are -- pretty much most of them are 10 less than the hundred feet that are required, and 11 the density is greater. 12 So this property is in line with the 13 character and density that already exists within 14 the actual prop -- the actual fabric of the 15 neighborhood already, and that ' s something that 16 should be considered when the Zoning Board of 17 Appeals considers the variance. And you have your 18 standards listed. 19 CHAIRMAN BAKER: Very good. Thank you 20 for that. Now, if there are no more discussions 21 with the board, I wish to have a motion to close 22 the hearing. 23 MR. JOHNSON: Jeff? 24 CHAIRMAN BAKER: I 'm sorry. Yes, DepoCourt Reporting Service, Inc. (630) 983-0030 Page 38 1 George . 2 ALDERMAN GILSON: Just a quick question. 3 Krysti, does that mean that any of them have lot 4 sizes this small, though? 5 MS . NOBLE : Yes, they do. Yes, they do. 6 This lot size -- the question -- The property in 7 question is about 9100 square feet and, let ' s see, 8 you have 303 Walter Street, which is 9150 ; 305, 9 9500 ; 311, 9100 ; 313 , 9150 ; and 310, which is 10 9500 square feet. 11 ALDERMAN GILSON: So a total of what? 12 CHAIRMAN BAKER: Four. 13 MS. NOBLE: There is one, two, three, 14 four, f ive. 15 CHAIRMAN BAKER: Five . I 'm sorry. 16 MS . NOBLE: Five, not including your 17 property. 18 MR. CLAESSON: The width -- the 19 requirement is a hundred feet? 20 MS. NOBLE: The width for R2 is 80, and 21 the width that you' re going for is 100 , for the 22 R2D, and out of 80 -- with a requirement of 23 80 square feet in the current R2 zoning, only two 24 meet that requirement, and those are the two DepoCourt Reporting Service, Inc . (630) 983-0030 Page 39 1 corner lots which are on Mill Street. The others 2 are about averaging the same width as yours, about 3 70, 75 feet, linear feet . 4 CHAIRMAN BAKER: . All right. Is it new 5 information or repeating old? 6 MR. GABOR: Question. What is the 7 current requirement for a duplex size-wise that -- 8 CHAIRMAN BAKER: Lot size? 9 MR. GABOR: Yes . 10 CHAIRMAN BAKER: 15 , 000 square feet. 11 MR. GABOR: Okay. So if he ' s -- The 12 existing duplexes are basically -- they' re 13 grandfathered in? 14 MS . NOBLE: Correct. They are legally 15 non-conforming, yes. 16 MR. GABOR: And anyone building a new 17 one that ' s not grandfathered in would have to go 18 by the current? 19 MS. NOBLE: Correct . 20 CHAIRMAN BAKER: That is correct. 21 MR. GABOR: So that ' s where he falls 22 short . 23 CHAIRMAN BAKER: Very good. Does anyone 24 have anything else they wish to speak in the DepoCourt Reporting Service, Inc. (630) 983-0030 Page 40 1 public hearing? 2 (No response. ) 3 CHAIRMAN BAKER: If not, I ' ll entertain 4 a motion to close the public hearing. 5 MR. JOHNSON: So moved. 6 MR. WALKER: Motion to close the public 7 hearing. 8 CHAIRMAN BAKER: Second? 9 MR. JOHNSON: Second. 10 CHAIRMAN BAKER: Very good. All those 11 in favor? 12 (A chorus of ayes . ) 13 CHAIRMAN BAKER: Opposed? 14 (No response . ) 15 CHAIRMAN BAKER: All right . Very good. 16 Thank you all for coming tonight. 17 (Which were all the 18 proceedings had in the 19 public hearing portion 20 of the meeting. ) 21 ---000--- 22 23 24 DepoCourt Reporting Service, Inc. (630) 983-0030 Page 41 1 STATE OF ILLINOIS ) ) SS . 2 COUNTY OF LA SALLE ) 3 I, Christine M. Vitosh, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above-entitled cause and that the 7 foregoing Report of Proceedings, Pages 1 through 8 42 , inclusive, is a true, correct, and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid. it I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit, nor am I in any way related 14 to any of the parties to this suit, nor am I in 15 any way interested in the outcome thereof. 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only. I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction. 22 23 24 DepoCourt Reporting Service, Inc. (630) 983-0030 Page 42 1 In testimony whereof, I have 2 hereunto set my hand this 14th day of November, 3 A.D. , 2011. 4 5 6 Christine M. Vitosh, CSR 7 CSR No. 084-002883 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service, Inc. (630) 983-0030 C''� United City of Yorkville 43 800 Game Farm Road Yorkville, Illinois 60560 1lvihl- 4 Telephone: 630-553-4350 �1, Fax: 630-553-3436 PC# a0//- /o APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST Development Name: ?/d '48 Date of Submission: Requesting: 0 Annexation Zonin 9 0 Planned Unit Development Q Special Use: 1. Name of Petitioner(s): / C/ci S S py, Address: � �l� r �ax ,APhone Number: Number: Email Address: Relationship of Petitioner(s)to subject property: Owner p Developer 0 Contract Purchaser 2. Name of holder of legal title,if different from#1: 62kl c�C. A lc)�.. -g C If legal title is held in a Land Trust,list the names of all holders of any beneficial interest therein: 3. a). (i). Street address and physical location of subject property: cal�- C', /-�-�� 27 r 0' -I-, rlle T(_ (00-5-60 (ii). Zoning of surro nding parcels: North: ID, South: East: West: b). Legal description of property;attach as Exhibit'A'. LT 9 Et>GEwr)a) 3r4 c, c). Total Acreage: `�. d). Kendall County Parcel Numbers)of property: ©Z `�,� 3.�Y _00(0 e). Current Zoning Classification: f). Zoning Classification Requested: Irw g). Is this property within City limits? , Yes No, requesting annexation United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 44 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: .al, C 6. List the Illinois Business Tax Number(IBT#I)for the State of Illinois and names of businesses located on subject property to be annexed: /1 O'k (' 7. Does a flood plain exist on the subject property? 40 8. Do Electors reside on the subject property? _ r/I D If so,they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to ,b$/ ,/�GSS l/✓1 Attomey: Name: Address: Phone Number. Fax Number: Email Address: Engineer: Name: Address: Phone Number: Fax Number: Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: United City of Votkvillc Annexation,PUD,Zomng.Special Use Application Revised: 1.29.09 45 10. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 35 copies. b. Appropriate filing fee(Please refer to page 4 of this application to"Petitioner Route, Step 1, Fees"and/or contact the Community Development Department for verification of this amount.) c. Concept or Preliminary Site Plan:35 sets folded to fit in a 10"x 13"envelope. d. One CD containing one electronic copy(pdf) of each of the signed application (complete with exhibits) legal description,and site plan. In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: Petitioner(s) Signature: (All legal property owners'signatures must appear on this application.) Subscribed and sworn to before me this 7 —day of G Se�y� 1"bF ILIA_SEAL PAMELA B OLSEM rr{{�{AtitY •STATE OF ILUNOIS I PPL/CATION MUST BE NOTARIZED. C0MMWl0N EVuEs:1it1&M1 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 46 ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application,fees" and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City. 'Fees: a. Annexation or Annexation and Rezoning -$250 plus$10 per acre for each acre over 5 acres b. Rezoning only- 20 lus$10 per acre for each acre over 5 acres c. Special Use-$250 plus$10 per acre for each acre over 5 acres d. Engineering Review Fees-1.25% of the approved engineer's estimate of cost of all land improvements,to be determined by City Engineer. e. Planned Unit Development fee-$500 f. Engineering Review Deposit-up to 1 acre=$1,000; over 1 acre but not over 10 =$2,500 over 10 acres,but not over 40 =$5,000 over 40 acres,but not over 100=$10,000 over 100 acres=$20,000 g, Deposit for Outside Consultants-under 2 acres 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing and outside consultant costs (i.e.legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 41i'Thursday of the month at 9:00 a.m.in the city conference Room. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: Community Development Director,City Engineer,Zoning Official, Public Works Director, Director of Parks and Recreation, Fire Department Representative, and Police Department representative. Step 3: Park Board planning meeting: The Paris Board makes recommendations on any park sites included in residential developments. The Park Board planning meeting is the 4th Thursday of each month at 7:00 p.m. at the Parks and Recreation Office at 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m. in the Yorkville public library at 902 Game Farm Road. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor. A public hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request, Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the petitioner to adjacent property owners within 500 ft.of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names, addresses and permanent parcel numbers of all property owners. United City or Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 119.09 47 Step 5- Economic Development Committee: The Economic Development Committee meets the 1st Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 6: City Council:A public hearing is required for annexation or PUD agreements. The City Council meets the 2 r-or 4 Tuesday of the month at 7:00 p.m.in the Council Chambers at City Hall, A public hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Community Development Department, United City of Yorkville, 800 Game Farm Road,Yorkvill ois 60560 Date: -� Signature of Petitioner United City or Yorkville Annexation,PUD,Zoning,Special Use Application Reviud: 1.29.09 l Al United City of Yorkville 0` 800 Game Farm Road Yorkville, Illinois 60560 o ItIFil a Telephone: 630-553-4350 CFax: 630-553-3436 zBA# APPLICATION VARIANCE REQUEST Date of Submission: 8-29-11 1. Name of Petitioner(s): Robert Claesson Address: 312 Walter Street, Yorkville, IL 60560 Phone Number: Fax Number: Email Address: 2. Name of holder of legal title, if different from#l: GMAC Mortgage If legal title is held in a land trust,list the names of all holders of any beneficial interest therein: 4. a. Street address and physical location of subject property: 312 Walter Street Yorkville, 1L 60560 b. Proposed name of subdivision(if any): c. Legal description of property for which zoning variance is sought: LT 9 Edgewood 3rd Addition City of Yorkville (if more space is needed, attach as"Exhibit A".) d. Kendall County Parcel Number(s) of property for which variance is sought: 02-33-354-006 United City of Yorkville Variance Request Applicaticm Revised: Z9.)9 40 5. Names and addresses of any adjoining or contiguous landowners and property owners within 500 feet of subject parcel for which variance is requested entitled to notice of petition under any applicable City ordinance or State Statute: (Attach a separate list as "Exhibit B".) 6. State the variance requested and the City ordinance including the section numbers to be Varied: Variances to Section 10-6D-3-8 of the Yorkville City Code. 7. Name, address,phone number, fax number, and email address of person to whom inquiries regarding th' vnstv hp gJJrP.-tPrl, Robert Claesson Attorney: Name: Address: Phone Number: Fax Number: Email Address: 8. Submit application with a filing fee in the amount of$85.00. Note: Owner/Developer will be responsible for payment of$500 deposit for consultants(i.e. legal review, land planner,zoning coordinator, environmental, etc.). In addition, owner/developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing. Should owner/developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. 9. Submit 35 copies of each of the application,proposed drawings,location map, site plan, and any other pertinent materials, and one CD containing electronic copies(pdf) of each of the application(complete with exhibits), drawings,map, and site plan to the Community Development Department. Large items must be folded to fit in a 10"x 13" envelope. United City of Yorkville Variance Request Application Reused; L,?4,D9 41 In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct: Petitioner(s) or lepa property owner's signature must appear on this application. Subscribed and sworn before me this day of OT -7- , 2to -:201 f (/ ' r'7 '7 ' OFFICIAL SEAL (i Notary Public ANDREA M NOTARYPUMJC-STATE OF LLWOIS •IMM4 Notary Stamp THIS APPLICATION MUST BE NOTARIZED. United City of Yorkville Variance Request Application Revised: U�.LN 42 VARIANCE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees and all pertinent materials to the Community Development Department. Upon receipt the variance request will be rorwarded to the Zoning Coordinator for review and to coordinate setting a meeting date for the public hearing in front of the Zoning Board of Appeals. JVote: You must present your request at each of the meetings below as indicated. Step 2: Zoning Board of Appeals: The Zoning Board of Appeals meets on an as needed basis, the 1 st Wednesday of the month at 7 P.M., in the City Council Chambers. The Zoning Board of Appeals will make its recommendation to the City Council in writing within 30 days of the public hearing. The Zoning Board of Appeals consists of 7 members appointed by the Mayor. A public hearing will be held at this time for the variance request. Notice will be by the United City of Yorkville in the Kendall County Record and certified mail by the petitioner to adjacent property owners within 500 ft.of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. Prior to the public hearing,a certified affidavit must be filed by the petitioner with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. Step 3: City Council: The City Council meets the 2"d and 4`s fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This session considers recommendations of the Zoning Official and Zoning Board of Appeals.This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original(retaining a copy for your records)to the Community Development Department, United City of Yorkville, 800 Game Fann Road,Yorkville,Illinois 60560. � Date: United City of Yorkville Variance Request Application Revised: 1.29114 0 C�ly Reviewed By: Agenda Item Number O -�+ Legal ❑ Plan Comm. #1 1836 EST. Finance ❑ Engineer ❑ Tracking Number O �m a� CO City Administrator ❑ O Consultant ❑ PC 2011-11 t E ��,ti ❑ Agenda Item Summary Memo Title: Grande Reserve Amended Annexation Agreement and PUD Agreement Meeting and Date: City Council—January 10, 2011 Synopsis: Council Action Previously Taken: Date of Action: CC 12/27/11 Action Taken: Public Hearing Item Number: PC 2011-11 Type of Vote Required: Council Action Requested: Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: The original annexation agreement and PUD agreement can be found in the 12/27/2011 City Council packet. Ordinance No. 2012 AN ORDINANCE OF THE UNITED CITY OF UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDMENT TO THE ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Grande Reserve Subdivision) WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, the City entered into an Annexation Agreement and Planned Unit Development Agreement on July 22, 2003, with MPI-2 Yorkville North LLC (former owner of the Tucek, Handke and Steinbrecher Farm `B" parcel north of the Burlington Northern railroad tracks), MPI-2 Yorkville Central LLC (former owner of Parcel 302-11-300-005 Steinbrecher Farm `B" parcel south of the Burlington Northern railroad tracks, Inland parcel, and Konick parcels), and MPI-2 Yorkville South 1 LLC (Owner of the Steinbrecher Farm "A") (collectively, "Original Owners") and MPI-2 Yorkville North LLC, MPI-2 Yorkville Central LLC, and MPI-2 Yorkville South 1 LLC, collectively as Developer, all Illinois Limited Liability Companies; and, WHEREAS, pursuant to a judgment of foreclosure, Quality Properties Asset Management, LLC (the "Successor Owner") has succeeded to the interests of MPI-2 Yorkville North LLC and MPI-2 Yorkville Central LLC with respect to a portion of the Grande Reserve Subdivision (herein, the "QPAM Parcel"). WHEREAS, the Successor Owner has petitioned the City to reduce the requirements for the posting of security to guarantee completion and maintenance of the public improvements to be constructed as a part of the QPAM Parcel, specifically Units 23, 26 and 27 all as set forth in the Original Agreement; and, WHEREAS, the City has considered the Petition, as hereinafter defined, and is prepared to grant the request pursuant to a First Amendment to the Annexation Agreement and Planned Unit Development Agreement subject to specific conditions as set forth therein. 1 NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2. The attached First Amendment to Annexation Agreement and Planned Unit Development Agreement (Grande Reserve Subdivision) is hereby approved, and, the Mayor and City Clerk are herby authorized and directed to execute and deliver same. Section 3. This Ordinance shall be in full force and effect immediately upon its passage by the Mayor and City Council and approval as provided by law. United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2012. CHRIS FUNKHOUSER GEORGE T. GILSON,JR. CARLO COLOSIMO DIANE TEELING JACKIE MILSCHEWSKI MARTY MUNNS ROSE SPEARS LARRY KOT APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2012. Mayor Attest: City Clerk 2 FIRST AMENDMENT TO THE ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Grande Reserve Subdivision) This First Amendment (the "First Amendment") to the Annexation Agreement and Planned Unit Development Agreement (the "Original Agreement") entered into on July 22, 2003, by and among MPI- 2 Yorkville North LLC (former owner of the Tucek, Handke and Steinbrecher Farm "B" parcel north of the Burlington Northern railroad tracks), MPI-2 Yorkville Central LLC (former owner of Parcel 302-11- 300-005 Steinbrecher Farm `B" parcel south of the Burlington Northern railroad tracks, Inland parcel, and Konick parcels), and MPI-2 Yorkville South 1 LLC (Owner of the Steinbrecher Farm "A") (hereinafter collectively referred to as "Original Owners") and MPI-2 Yorkville North LLC, MPI-2 Yorkville Central LLC, and MPI-2 Yorkville South 1 LLC, collectively as Developer, all Illinois Limited Liability Companies, and the United City of Yorkville, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "City"); is made and entered into this day of January, 2012 by and between Quality Properties Asset Management, LLC ("Successor Owner") and the City. Capitalized terms used but not defined herein shall have the meaning ascribed in the Original Agreement. WHEREAS, pursuant to a judgment of foreclosure, Successor Owner has succeeded to the interests of MPI-2 Yorkville North LLC and MPI-2 Yorkville Central LLC with respect to a portion of the Subject Property(herein, the "QPAMParcel"). WHEREAS, the Successor Owner has petitioned the City to reduce the requirements for the posting of security to guarantee completion and maintenance of the public improvements to be constructed as a part of the QPAM Parcel, specifically Units 23, 26 and 27 all as set forth in the Original Agreement; and, WHEREAS, the City is prepared to consider the Petition, as hereinafter defined, and grant the request subject to specific conditions and limiting such request to Units 23, 26 and 27 of the QPAM Parcel as hereinafter set forth; and, WHEREAS, Successor Owner is prepared to participate in all public hearings as required by law to accomplish this First Amendment to the Original Agreement. NOW, THEREFORE, the City and the Successor Owner hereto agree as follows: 1. The City has received from the Successor Owner an Application and Petition to Amend Annexation Agreement or Planned Unit Development (PUD) Agreement (the "Petition") relating to the 1 700974030.2 AMECURRENT 700986112.1 04-Jan-12 15:47 QPAM Parcel dated November 9, 2011, wherein the Successor Owner has requested an amendment to Section 5 of the Original Agreement which Section establishes the security required to guarantee completion and maintenance of the public improvements, in the form of an irrevocable letter of credit or surety bond (the "Security Instruments") as such requirements pertain to Units 23, 26 and 27 of the QPAM Parcel. 2. Section 5 of the Original Agreement provides, among other things: "The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development." 3. That City hereby grants the Petition of the Successor Owner and amends the aforesaid provision of Section 5 of the Original Agreement as it relates to the QPAM Parcel to provide as follows: (a) The amendment pertains solely to Units 23, 26 and 27; (b) the current letter of credit posted for work in Units 23, 26 and 27 of the QPAM Parcel shall be returned to the Successor Owner subject to substitute security being posted in an amount pursuant to section (c); (c) Until final acceptance by the City, security in the form of an irrevocable letter of credit must be maintained with the City in an amount no less than $100,000 to ensure maintenance of detention basins in Unit 23; and, (d) No building permit shall be issued for any improvements to Units 23, 26 and 27 unless security in the form of an irrevocable letter of credit or surety bond in an amount determined by the City Engineer as required by all applicable ordinances of the City. 4. The parties hereto agree that all other provisions of the Original Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Original Agreement as to Units 23, 26 and 27 of the QPAM Parcel, being the subject of the Original Agreement, to be executed by their duly authorized officers on the above date at Yorkville, Illinois. 2 700974030.2 AMECURRENT 700986112.1 04-Jan-12 15:47 United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk Quality Properties Asset Management, LLC By: President Attest: 4834-91744526,v. 2 3 700974030.2 AMECURRENT 700986112.1 04-Jan-12 15:47 D C'T� Memorandum � o To: City Council EST. -1:Imo_ 41836 From: Krysti J. Barksdale-Noble, Community Development Director ��!�tI CC: Bart Olson, City Administrator Brad Sanderson, EEI Date: December 21, 2011 Subject: PC 2011-11 Grande Reserve Amended Annexation & PUD Agreement Quality Properties Asset Management, LLC (Bank of America), successor owner of the Grande Reserve Subdivision, is currently in negotiations with a buyer for the lots under their ownership within the development. The contract purchaser, Avanti Properties Group based out of Florida, is scheduled to close on the property by the end of the calendar year and Bank of America, through their consultant, has approached the City with a request to release and/or reduce current letters of credit used as security for units located in Grande Reserve North. The requested release/reductions are outlined in a report entitled "Grande Reserve North - Letter of Credit Status and Review" prepared by Hearthstone and dated 9/28/2011. The City's engineering consultant has reviewed the requested reductions and prepared an analysis of completed and outstanding work for each corresponding Lettor of Credit and set forth his recommendations for reduction in the attached summary and punch list. Of the proposed ten (10) Letters of Credit requested for reduction, only LOC #16 exceeds the scope for reduction as provided for in Section S. Security Instrument of the development's Annexation Agreement (Ord. 2003-44). Therefore, an amendment to the existing annexation agreement is required. The remaining nine (9) Letters of Credit proposed for reduction will be considered independently by the City Council at Tuesday night's meeting under a separate agenda item, and do not require annexation agreement amendment. Currently, LOC #16 covers land improvements within Units 23, 26 and 27 of the Grande Reserve development (see attached map). These land improvements include excavating and grading, construction and maintenance of two (2) detention basins, and storm sewer installation. Unit 23 was granted Final Plat approval in 2006 and currently has 21 homes built. Units 26 and 27 are mass graded, but have not been platted. The current amount of LOC #16 is approximately $655,000 with an estimated remaining cost for completion of the work valued at$614,000. Although there are areas within these units with incomplete infrastructure, the City's engineering consultant finds it acceptable to reduce the current $655,000 Letter of Credit to $100K (which is less than the required 110% of the cost to complete the remaining work), subject to the following conditions: I. The $100,000 irrevocable letter of credit cannot be reduced any further to ensure funds are available for future maintenance of the detention basins in Unit 23, if necessary. 2. Upon reduction of the LOC in Units 23, 26 and 27, no new construction, grading or any other building permit related work can occur in those units unless and until a new engineer's estimate of probable construction costs is calculated and a new LOC is posted for the entire area. Attached for your consideration are draft ordinances of the proposed Grande Reserve Amended Annexation and Planned Unit Development Agreement. Representatives from Hearthstone will also be present at Tuesday night's meeting on behalf of Quality Properties Asset Management, LLC (Bank of America) to answer any questions you may have regarding this matter. lS ° � � United City of YGrl-Ville x 800 erne Farm Road R '><'Drkyille, Illinois 60564 !� Telephone: 630-553.4350 Fax: 630-553-7575 e p pc;o 2011-11 APPLICATION I PET17ION TO AMEND ANNEXATION or PLANNED UNIT DNEIFELORMENT(PUD)AGREEMENT DeMeeloprnent Namur. Grande Reww Data of Submifton, 16�'98f2tl11 1. Name of petltianer(s): puallly Prop+ertiss AsW Managomant(OPAM) @rydividual SS#t WA or Compmv Tax ID# "W96 Address: cAO OREO, 1000 S.York Road.3rd Door.Eirdhwot IAMB Phone Number -941-69+4 Fax Number: 03D-941-N?7 Smell Addrew- lad-anne.da*jP ankofamaricazam Rd&*Wd ldp Of Pe19ionOKS)to propafty. 2. Name of holder of legal tilue,9 dlfferwrt from m- WA If legal We Is held in a Land TrusL HAV*names of all holders of any benekW interest thareln: WA 9_ a). tired wdrass and pl!ryslaat town of subject proOW- Grande Ranam Subdlvislon. Gerrcreft N of file.34,E of Me.4T.8 of Kennedy Rd,.and W of Rickard Dr. b)- legal dascripW of property;attach as EVe t"A". c). Tote!Acreage. Approae.1037 acres d). Kendatl cofriy Parom Numb r(a)of property: tree alladbed ExhIbil B e). Current zating Cbsocation: R-2 One Family ReskWee,NPUI7 Zvr#ng GlesNfiratiKxr Raqueshed if cher�ir zcxw►9: NIA r�t3 ari ll" {54}4r3'ad►IgcAmicnJAnr wxpliw,fQtphp ,pp�l,�a RtwIMe4, 914,09 16 4. Names end edAresrse6 of arty adjoWng or conoguous lendowmrs entitled to notice d petit+on under any applicaele City ordlnenoe or Slate 5tatuta: aCach a separate 110 as Exhibit V.) 5_ Gate of Annexation or PUD Agmement sought to be wnwx ed: Jury 2Z 2= Nrmeof,Ag ee"nt Annaxake A menta Planned Unit DmIopnneni- Agreerrrent Date of R owdinp, September 11,2003 Attach a true and correct copy of algmement as Exh "C*. 5. State ft Hems to be;Amended*=Me wdsHrrq are w atlon or PLOD agra wnert. Button b.Seemly Wmh mwft of ft Amoxotion Aammmt 4 PlOntod Urg Dewlopmad AM m ni 7. Contact InIbma 6m, Mama,addresia,phwa number,fax n mter,and Ismail address of person to whom Inquiries m gerdt V this petition may be dier#ed: Lori Clark,Quelh y PraperOa Asset Maarra,perr*M(QPAM),C REO,1 00 S.Yak Iwowd,3rd Floor Elmhurst IL W125 Atlomey: Nsrme, Lisa O'Kede,Mayer Brown LLP Addneas, 71 South Wadw Dim Chk;igp,IBncle 60506 Phone Humber: $12-701-7261 F=lVambe€ 512-7�8+�3 Email Address, WwftGmffYwbr I=n Enginew. Flame: Address: Phorm Number, Fox Number- Email Address: Land Fierier, Norm; Addrew Phone NUR*er. fax Number. III Addrees_ Pape 16 or S Unikd Ciiy p(Yp6-ft Amend AanaalimMD AWIcWwm "194! 91409 { 17 P. Submit the fopoltving to prod Community DrMopmwnt De"rtmen4 In order In be acheduled for the ngaeMry ccmmittee meetings: An incomplete e0xmiftl could delay the echaduting of ycunf prajact a.0li9iha4 appliWtkx vAth legal descriplidn plus 40 oopios. b.Appropriok filing Fee(Please rder to pare 4 of this appllcation'PeMawr ftute, Step 1,Fees ettc?rw contact ltt♦e Community Development Department for varificdon of this ernoun@. c. Site Plan(it necemr): 40 sets folded to It In a 10'x IT ocyxelope d.One CD cartulydnq Ma of the signed appllcU4aa,exhlblke and ante pians. The legal d=rlption and ameadment(dam document"acid be in WOMIAW f6rmat, In w*vm whereof the faNw# a®pedtlwwrts)have euttrntbbt3d tHs appllcoWn under wrath wO verify that to the bast of 6w*kh0#&*g:tts eantenta are tnre and convat snd dwev lbat ft property to be anniaxed la ooMquous to the Lkftd City of YorWile, Date. it 14 /11 Peftnar�WVft tUW (AA 140 pr+cparty owners of Acarld signatures must appear on this applWa tonj Subswund and swam to Ford me this !�day of 200-!L—. Notery seat ors APPLICA nON MUST BE xorat D. W "Mall 1J06T PW l76rs UnudCily or Yorkville Amend AmcaWaul$UD AFoimtOm It vbw 9.14 to AWNDAENT TO ANNEXATION OR PLANNED UNIT DEVOLOPMENT(PUD)AGREEMENT PET11l10NER RO1M SWP 1: PO t hOr mint s+bmil a oxvivted opplicoltion,ice`and al pertinent materials to tts Cornmjni4,Development Department a minimum Of 45 days prior to the Urgeler;l Plan C.omrwaWn meeting. Petitioner is resperrsible for making submlttallsto other revtewagendea such m Kendartl County,Iflinaie.Depar0nent of Tranaportalion,Illinois DWartment of Natural Fkabatirm,U.S.Army Corps of Engineers.aft..to all=timaty review by City. "Fees: 1. a. AnnexptlonWIL0 N andment-5.W b Dttp m#for cuiah*convAtents-under 2 ernes=41.000 2 to 10 at=a $7,600 t"n 10 scree R$5,000 Note: Own WOveloper will!be respona far payment of revording has and oosts,pubk hea"oxis inolud:nq a written Irar=dpticn of public hearing and ctdelda consultant met&($.legal review.Imrd planner, zoning 000Minat r,WMronmatilFi!„air.), Shtxfi OwnerAXwelvper not pay thew less dheft they will be responallblia kr MelmburskV the UM bed City of Yarkvia W the abtementioned foes and aws. MM, You,avartttPra*M your diem of each of mm*W befoym k mtatarnL Slept Phan Commixelon: The Plan Cornmisslon meets tare 2nd Wedreoday of the month art 7:00 p.m. at the Yorkville Public t3brary,ID02 Game Farm Road, A Public:Hearing,will be held at this time Wr the Anwrrdmm t to ArraexRtion/P D Agee wwnt, For a ptb6o hearing,the peti sww ettall Moplals and aulhmit to the Community DeveiopmW Department the appketi n urM a legal description 45 deyrs prior lo the public hewing at the Plan t wrWa Ion meeting.Notloe W be men by"lcaefon by the VMW City of Yorkvaie In the Kendall Courtly Record at load 15 days but no noes than 30 days prior to the pubic healicig date. BOMM Wo amea+Owd can nv"Ibm"to tine E-acrrornlc Devalopnw CornmMea.a'dmr A merrdmenl to Irie Arinv atim or PUD Agreement must be w ten, $t 4, -n�c Development Cg-mmittee:The Economic Devair punew Cornmttfee meets the&at Tuaseay of Iha month at 7,00 p.m.In the Coftrence Ptoonr at City HIM, The pro)M will be discussed In am Imlormat arnosphere at the Eoonomic 0v#eWpnwA meeting whom no foroug vartin+g tabs$pierce. Thin woolon is to discos and oonsider raoornmrendalkno cf prior awmItes meelings and for review of ft draft amaardsd agreeaxl". WP 4: City CostrtCil: Meetings are held the a and 0 Trbadays of each month all 7 pm.In the Courrcll Chambers at City Half, A Public Hearing wig,be held at this time for the Amendmant to AnnexaborvPtlD Agreement, Notice wiAll be given by publication by the United C4 of Yorkville In ft Kerrdelf Cm rty Fend st lemat 15 days btd no more then 30 dap MW to#t public tO fj sets. A certified alfidew t must be fled by the patitiarw with the Conrmumity DevelopmerM Deparbnerd's ofnoe corAsbft Ova mamas,addresses and permanent pan*mimbery of all paeifes that w e no0fled. FW l 8 oir 5 Llnimd Chy orYor v&Amain Am xKiwiPJD Apoimlbn Rrriwd: 4.14.04 19 Agreevnent: undemt"aid vompt all requiremen%,fees as oulinad as well as any incurred administr&- ve and Plenrrng conuft"fees wlnch must he arrant t akm this project can p viceed to the next scheduled onmmtUee meetarg. Please sign and m4un this os+ghai(retWhing a copy for your reeordl;}to the Community Development D"ft t, Unitod City of Yadrdle,8130 Game Fame Road.YOMVRle,Illinois 00060. 6ignatur+e or Peftltioner Date: Wye 19er5 UniatClh'dYvrkvdi:nmerd Annm&tiadPUUApplienlim Rrv*t ?.14.49 r_�rr`111T1]rn' r rj L-. $ �'�_y 4 .,r •il� Ilh�le iLCt:i�� '•�� >k �` �� UNrr 27 _ I li Montgomery UNIT 26 �1 I/ UNIT 3 1 UNIT 2T 4.; UNIT 28 UNIT 14 UNIT 12 � °r �x I UNIT 15 UNIT NIT 1 8 � .... NIT 2 tlNfT 28 = UNI UNIT 9 ;T. —T—T L OS 9e I J. \ IT; OF NIT 4 T ` Legend Status of Bank Owned Property Deseriptlon Lots 'Y % ' • Bank Owned Property SSA Lots 172 i •f U Fully Improved Lots 381 ��'• aY� Partial-Underground Improvements -- f Planed 248 _ Unplatled 0 j! _� Mass Graded g9q Farm Land 576 0iti 1 Parks Fixed Rafe SSAArea Non Bank Owned Property I Non Bank Owned w �,. • 0 Detention/Passive Open Space Cny Ownetl Parks The Date is provided Without warranty or any represematlon of N Grande Reserve _curacy,aRsq—ter to dirt—I eccurery,Rmellneas,completen......d Lot Analysis Map approprlebnne of Re sod The Untied to the Yorkville the makes no W �E a wsmn am l Date expressed w Implied,to the use of GI Data, iC -PartN Da4 provMed by Kendall County 019 July 2009 -Map predueed by united Chy of Vark.Rre aS g i/f 1nL � W,.Yd �..� .l✓F Lw�c .Kp .YR l+aM .K�� 1PA i..M•6�L 4A�6� aMi1 4rt� Y �' 1 y d�. kA�w. Cs 4Wa .ri:.4 d�a pin I -Rrta Ji� .A���'�SA.\'.i�`/h ^Ai "'hA.rw,•tir4 `Yy}. '� W'� J � N4� s.s� Y--. 1 wo}+" e,'z. ."ate. RS.....n{ ti"'`�•' ate.S"M c�K„�-.e.'�-n`�,rte.�-M1Aa�"cr,e.°'*`I.t� 1--� �"�N" �•� -+_ _ ��°4R°'�y�i��ra,r�ae+:^''� _ '.-a' L"'N•;',�,-•� °,`'h Y�!"sw�`_°:v. .,. _ � r, � - ^�„�-"1 .' _ � , 1 4 _ q i 4 9 IL IL Tr- Li AM or saw •' � 'y.�*�°s� - ' 1, �M[� ?.�"�'- '�_ � -. `„,01D CO. Reviewed By: Agenda Item Number J� .0 Legal ❑ City Clerk#1 EST. 1836 Finance ❑ Engineer El Tracking Number s City Administrator ❑ Q� - 440` Consultant ❑ ❑ CC 2012-06 KardellCouMy `� Agenda Item Summary Memo Title: Resolution to Release Closed Session Minutes Meeting and Date: City Council 1/10/12 Synopsis: Resolution approving the release of specific closed session minutes to the public. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Lisa Pickering Clerk's Office Name Department Agenda Item Notes: RESOLUTION NO. 2012- A RESOLUTION TO RELEASE CLOSED SESSION MINUTES WHEREAS, the Illinois Open Meetings Act requires all public bodies to keep written minutes of all meetings whether open or closed; and WHEREAS, the minutes of closed sessions are only to be available after the public body determines that it is no longer necessary to protect the public interest or the privacy of an individual by keeping certain minutes confidential; and WHEREAS, every six (6) months, the public body is to determine, in closed session, which minutes may be released for public inspection and which minutes should remain confidential; and WHEREAS, after having reviewed the Minutes of closed meetings, the City Council has determined that but for those minutes itemized on Exhibit "A", attached hereto and made part of, all other minutes of executive sessions shall remain confidential; and WHEREAS, the Corporate Authorities have determined that upon the passage of this Resolution, all the minutes itemized on Exhibit "A" shall be made available for public inspection. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The City Council finds that the Minutes of the closed meetings (executive sessions) as itemized on Exhibit "A", attached hereto, no longer require confidentiality to protect the public interest or the privacy of an individual and are hereby released for public inspection. SECTION 2: All other minutes of closed meetings (executive sessions) shall remain closed to public inspection until further direction by this City Council. SECTION 3: This Resolution shall be in full force and effect immediately upon its passage. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2012. CITY CLERK CHRIS FUNKHOUSER DIANE TEELING JACKIE MILSCHEWSKI CARLO COLOSIMO LARRY KOT MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2012. MAYOR EXHIBIT"A" Executive Session minutes to be released: January 2, 2007, Session #2 January 23, 2007, Session#2 February 27, 2007 March 13, 2007 June 14, 2007 August 14, 2007 August 28, 2007, Session #1 August 28, 2007, Session #2 October 23, 2007, Session #1 October 23, 2007, Session #3 November 13, 2007, Session #2 November 27, 2007 December 18, 2007, Session #1 January 8, 2008 January 22, 2008, Session #1 January 22, 2008, Session #2 February 12, 2008, Session #1 February 12, 2008, Session #2 February 26, 2008, Session #2 March 11, 2008, Session #2 March 25, 2008, Session #1 April 22, 2008 May 27, 2008, Session #1 June 10, 2008, Session#2 August 12, 2008, Session #1 January 13, 2009, Session #1 January 13, 2009, Session #2 January 27, 2009 March 24, 2009 July 14, 2009, Session #3 July 28, 2009, Session #2 November 10, 2009, Session #1 November 24, 2009, Session #2 December 8, 2009