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Committee of the Whole Packet 2012 08-14-12 J2 4 O � United City of Yorkville 4 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 9 Fax: 630-553-7575 jLE Committee of the Whole Meeting Agenda City Council Chambers 7:00 p.m. Tuesday,August 14, 2012 Presentations: 1) Ribs on the River Winners 2) Knights of Columbus Recreation Scholarship 3) RFP Opening for 201 W. Hydraulic (Old Post Office) 4) City Services Survey 5) Aurora Area Convention and Visitors Bureau Citizen Comments: Minutes for Approval: 1) July 9, 2012 Adhoc Committee for Recreation Facility Alternatives 2) July 10, 2012 Committee of the Whole Economic Development Committee Items: New Business: 1) EDC 2012-33 Aurora Area Convention and Visitors Bureau (AACVB) Agreement 2) EDC 2012-34 Swanson Lane Estates—Plat of Vacation 3) EDC 2012-35 Existing Home Sales Incentive Program 4) EDC 2012-36 Kendallwood Estates Development Agreement Amendment 5) EDC 2012-37 Downtown Brownfields Study 6) EDC 2012-38 Urban Chicken Regulations 7) EDC 2012-39 Old Post Office Property RFP Old Business: None Public Safety Committee Items: New Business: 1) PS 2012-19 Disposal of Property 2) PS 2012-20 Golf Carts in Subdivisions Old Business: 1) PS 2012-16 Lightning Detectors for City Parks Committee of the Whole Meeting Agenda August 14, 2012 Page 2 Public Works Committee Items: New Business: None Old Business: 1) PW 2012-35 Recommendation of Award for the 2012 MFT Maintenance Program Administration Committee Items: New Business: 1) ADM 2012-44 Appointment of FOIA Officer—Jeff Weckbach Old Business: None Mayor's Report: New Business: 1) COW 2012-02 Kendall County 911 Referendum Park Board: New Business: 1) COW 2012-03 Land Cash Recommendation Old Business: None Items Recommended for Consent Agenda: 1) PW 2012-46 Water Department Reports for May and June 2012 2) ADM 2012-45 Banking RFP 3) ADM 2012-46 Treasurer's Report for July 2012 4) PS 2012-21 Code Amendments Regarding Disorderly Conduct&Possession of Drug Paraphernalia 5) COW 2012-04 Ordinance Indemnifying Administrative Hearing Officers Informational Items: 1) EDC 2012-40 Building Permit Report for July 2012 2) EDC 2012-41 Building Inspection Report Summary for July 2012 3) EDC 2012-42 Property Maintenance Reports for July 2012 4) PS 2012-22 Monthly Police Reports for July 2012 5) PW 2012-47 Road Maintenance Study Update 6) PW 2012-48 River Road Bridge Update 7) ADM 2012-47 Monthly Budget Report for July 2012 8) ADM 2012-48 Monthly Cash Statement Report for July 2012 Additional Business: UNITED CITY OF YORKVILLE WORKSHEET COMMITTEE OF THE WHOLE Tuesday, August 14, 2012 7:00 PM City Hall Council Chambers --------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: --------------------------------------------------------------------------------------------------------------------------------------- 1. Ribs on the River Winners 2. Knights of Columbus Recreation Scholarship 3. RFP Opening for 201 W. Hydraulic (Old Post Office) 4. City Services Survey 5. Aurora Area Convention and Visitors Bureau --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. July 9, 2012 Adhoc Committee for Recreation Facility Alternatives ❑ Approved ❑ As presented ❑ With corrections 2. July 10, 2012 Committee of the Whole ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTE: --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS 1. EDC 2012-33 Aurora Area Convention and Visitors Bureau (AACVB) Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2012-34 Swanson Lane Estates—Plat of Vacation ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2012-35 Existing Home Sales Incentive Program ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2012-36 Kendallwood Estates Development Agreement Amendment ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. EDC 2012-37 Downtown Brownfields Study ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. EDC 2012-38 Urban Chicken Regulations ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. EDC 2012-39 Old Post Office RFP ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC SAFEY COMMITTEE: --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS 1. PS 2012-19 Disposal of City Property ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PS 2012-20 Golf Carts in Subdivisions ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS 1. PS 2012-16 Lightning Detectors in City Parks ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE: --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS 1. PW 2012-35 Recommendation of Award for the 2012 MFT Maintenance Program ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE: --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS 1. ADM 2012-44 Appointment of FOIA Officer—Jeff Weckbach ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS 1. COW 2012-02 Kendall County 911 Referendum ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- PARK BOARD: --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS 1. COW 2012-03 Land Cash Recommendation ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ITEMS RECOMMENDED FOR CONSENT AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2012-46 Water Department Reports for May and June 2012 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2012-45 Banking RFP ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. ADM 2012-46 Treasurer's Report for July 2012 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PS 2012-21 Code Amendments Regarding Disorderly Conduct&Possession of Drug Paraphernalia ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- S. COW 2012-04 Ordinance Indemnifying Administrative Hearing Officers ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- INFORMATIONAL ITEMS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2012-40 Building Permit Report for July 2012 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2012-41 Building Inspection Report Summary for July 2012 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2012-42 Property Maintenance Reports for July 2012 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PS 2012-22 Monthly Police Reports for July 2012 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2012-47 Road Maintenance Study Update ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2012-48 River Road Bridge Update ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. ADM 2012-47 Monthly Budget Report for July 2012 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 8. ADM 2012-48 Monthly Cash Statement Report for July 2012 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- ,SAD Co. Reviewed By: Agenda Item Number i JZ 1 001% Legal ❑ Minutes#1 Finance ❑ EST. 1836 Engineer ❑ City Administrator ❑ Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Minutes for Approval—July 9,2012 Adhoc Committee for Recreation Facility Alternatives Meeting and Date: COW—August 14, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Minute Taker Name Department Agenda Item Notes: UNITED CITY OF YORKVILLE Ad Hoc Committee for Recreation Facility Alternatives Committee Meeting City Hall Conference Room Monday, July 9, 2012 Call to Order: Chairman Chris Funkhouser called the meeting to order at 7:00 p.m. Establish a Quorum: Present: Chris Funkhouser, Chairman,Alderman Jackie Milschewski,Alderman ,,,,,,k,E Larry Kot,Alderman George Gilson,Alderman Deb Horaz, Park Board Seaver Tarulis, Park Board Amy Cesich, Park Board City Officials Present: xr{ Bart Olson, City Administrtct Other Guests: Andrew Bobbitt,YMCA Rebecca Mophey,YMCA Brian Weiss,YMCA Tony Scott, Record Newspaper Lisa Peterson,Yorkville Resident Judy Burks,Yorkville Resident ..., Don Burks,Yorkville Resident Citizens Comments: None. Previous Minutes: The minutes from the June 11, 2012 meeting were approved. Motion made by Larry Kot and seconded by Jackie Milschewski. New Business: None. Old Business: Page 1 of 6 YMCA Partnership Options: Alderman Funkhouser stated at the last meeting it was decided the YMCA and the city staff would get together and create a proposal and there is a draft in front of the committee for review tonight. Mr. Bobbitt stated he took an agreement and streamlined it-the numbers still need to be firmed up and it is not yet complete, there needs to be additional discussions. Mr. Bobbitt said a conversation can be started to work out the key points and details in the agreement. Mr. Bobbitt said finances are the next critical thing that needs addressed. Mr. Bobbitt stated Bart Olson and he have had discussions on the budget. Mr. Bobbitt said repairs, damage and equipment replacements would have to be worked out, as to how that would be paid for. Mr. Bobbitt said if there was a surplus or a loss, that would need to be worked out in the partnership. Mr. Bobbitt stated as far as finances, the city needs a number they are looking at per month as a target. He stated different factors could be looked at with water/sewer bills and rent etc. Bart Olson said that target number is $17,500 per month. Bart Olson said this is a basic landlord/tenant agreement. Bart stated currently it is structured for the YMCA to have control over operational expenses, if there is a deficit, the city and YMCA split the difference the same with surplus. Bart said city would be responsible for repairs, which is pretty standard. Bart said the concept on the table is does the city want to give the YMCA operational control to manage the facility. Bart said a new facility could not be paid for based upon the premise there would be no customer base, as there is currently. The REC Center has a revenue coming in to sustain itself. Constructing a new facility would raise taxes and would have to be a referendum. Alderman Kot asked if the city buys the REC Center and agrees the YMCA will manage it, the YMCA can walk away after five years. Alderman Funkhouser said he caught that too and he would not want the city left on the hook for fifteen years. After five years, the members would have the choice to stay with the YMCA or stay with the REC Center, which would be a challenge. Mr. Bobbitt said when this was presented to the board, the board voiced concern about protection. Mr. Bobbitt said the YMCA anticipates a long term relationship. Mr. Bobbitt said it wouldn't make sense to have a five year relationship, but there is a risk and no guarantees, so the board was concerned if it is not in the best interest in the YMCA, we wouldn't want to be locked in for 20 years. Alderman Funkhouser said that is a concern for both sides. Deb Horaz said the maintenance is concerning. Mr. Bobbitt said that needs to be a future discussion for dollar values etc. Brian Weiss asked about the city finances and if there is not money for the facility, how do you have 4 million to purchase the REC Center. Brian asked if it makes more sense for the city to put the money into a new facility or put it into a 20 year old building. Brian stated if it was him, he would want to partner on something new and not the 20 year old building. Bart said there is an existing budget and an existing customer base and it is about breaking even. Bart said there are risks involved in doing a new facility with unknown expenses and customer base might not follow. Brian said the maintenance and repairs will then be on the city. Bart said the city estimated in the budget maintenance costs. Bart said the city is looking at the purchase agreement because there are few variables that will change. Don Burks asked the question if the YMCA takes over programming what happens to the outside Page 2 of 6 programs the REC Center offers. Mr. Burks said a lot of the programs take place outside of the REC Center. Bart said that is for the Park Board and City Council to decide. Bart said it would significantly change the amount of programs that are offered. Mr. Burks asked about a bond to build a new facility for 4 million what kind of tax would the residents be looking at. Bart stated over a 20 year period$100 per year roughly or less. Mr. Burks suggested that could be a possiblity. Brian said he feels more people will join a new facility that is state of the art with more amenities. Mr. Burks asked if in November this could be put in the referendum for the people to decide. Bart said the referendum has to be approved by August, but it is possible. Mr. Burks asked if the city can get a bond. Bart said yes it is possible. Mr. Burks said if there is a partnership with the YMCA, the costs would be half. Mr. Bobbitt said the board feels a new facility can provide better services for the community. Brian said the board is only at this discussion because they want to do the best for the community. Brian said any option beneficial to the city,YMCA and residents is open for discussion. Alderman Gilson said the referendum has been discussed in the past and he thinks the citizens should be able to decide. Brian said if the city does this on it's own, and the YMCA opens a new facility, we are competing again. Alderman Kot sad, agreement before the committee tonight states the YMCA has no interest in being co-owners on th enter. Mr. Bobbitt said yes that is what the board felt. Alderman Kot asked if the YMCA would want to be co-owners on a new facility. Mr. Bobbitt said yes, the board likes that idea,but the finances on the city side was holding back the idea. Alderman Funkhouser said the majority of the council is apprehensive on moving forward on a new facility without the residents deciding. Alderman Funkhouser said the operational partnership seems to not be getting very far. Alderman Funkhouser said to get this on a referendum in November, we will have to work quickly. Alderman Kot said these numbers and location will have to worked out in a very short amount of time. Deb Horaz asked how the 50150 partnership works. Mr. Bobbitt said other cities set it up if they were to part ways, the building could be divided and operated separately. Deb voiced her concerns on who runs what and who pays for things. Lisa Peterson asked how things would work if the members can use all three YMCA's. Mr. Bobbitt said that would have to be outlined in the agreement. The committee voiced concern on partnership. Mr. Bobbitt said he can research more on the 50150 partnerships. Mr. Burks stated he likes the idea of partnering on a new facility. He stated more people that he talks to don't feel it is a good idea for the city to purchase the REC Center. The committee discussed if there is still money owed on the REC Center and if that would be a problem if the city is to purchase the REC Center. Alderman Kot said the YMCA is exempt on taxes, so if the city partners there will be no tax revenue. Bart said the tax issue will not effect any governmental body unless they decided to reduce their levy the following year, it gets redistributed. Alderman Kot asked how loosely can we word this on the referendum. Bart said non-binding it can be very loose. Alderman Funkhouser said it could be done. Bart said for a binding one, it would be hard to accomplish in a short amount of time. Bart said there are some city owned properties that are four to five acres that would work for a facility. Alderman Gilson asked if the city can put this on referendum Page 3 of 6 as a 4 million bond to partnership with the YMCA to get a feel of what the residents want. The committee discussed also adding the question of should the city purchase the REC Center onto the ballot so the residents can decide. Alderman Funkhouser said a new facility is 24-30 months to build and the city has one year until the current lease is up. Mrs. Burks said the YMCA could absorb some of the programs for the kids. Mrs. Burks said the membership at the REC Center is more costly for families than the YMCA. Alderman Kot said if the city council agrees to go forward with the referendum, the city needs an agreement with the YMCA that they want to do a joint venture before this is done. Alderman Funkhouser asked if this committee wants to recommend to the council to move forward on this partnership based on the results of the referendum. Mr. Bobbitt said the YMCA board showed interest in this. Bart said there needs to be a dollar amount and potential property tax increase to put on the referendum in the next couple weeks. Amy Cesich said she is confused and asked Alderman Gilson about being against this because of money and now he is in favor of a referendum. Alderman Gilson stated he doesn't want to purchase the REC Center because it is a money pit. Amy asked Mr. Bobbitt if he would purchase the REC Center. Mr. Bobbitt said the YMCA looked at it before and turned it down for many reasons. Amy said new facilities are costly around 8 to 12 million dollars. Amy asked if the YMCA builds a new facility themselves what is their cap? Mr. Bobbitt said that has not been determined yet. Amy said the REC Center has revenue from memberships and from the businesses that rent in the building. Amy said the city has a building that will create revenue for the city. Amy said she doesn't see why the city would want to move forward on the referendum. Alderman Funkhouser said that if we lose any of the tenants at the REC Center, the budget could be blown. Alderman Funkhouser stated that is a big risk the city takes and it is an issue we need to be concerned with. Alderman Gilson stated he would like the residents to decide if they want a REC Center or not Alderman Funkhouser stated the new facility was always under consideration the city looked at it with the schools. Lisa Peterson stated the residents need to be asked if the city should spend their money. Lisa stated that if she is asked if the city should buy the REC Center, she would say no,but a new facility, she would consider it because she feels the REC Center is not a good investment. Alderman Milschewski asked if the city partners with the YMCA is it okay if the city doesn't have the cash up front. Alderman Funkhouser said there are different options available to the YMCA and the city would have to bond for their part. Deb asked if the city bonds will that keep the city from bonding for things the city would need in the future. Bart said the city is way under the cap, so it would not be a problem. Alderman Kot asked about going to referendum and delaying the decision another few months will this affect the negotiating process with the Walkers. Bart said that is tough to say it might and might not. Bart said Mr. Walker can take offers, but not solicit them. Deb asked what if the referendum gets turned down. Alderman Funkhouser said then the city considers all the other options. Alderman Kot said if the city doesn't go into an agreement with the Walkers, he might have a hard time selling this building. Page 4 of 6 Amy asked what will the direction of Parks and Recreation be. Amy said this building encompasses a lot of things, so if we are putting this on referendum, then why not ask the residents if they want a Park District. Amy stated the issue has always been the residents don't want their taxes to go up. Lisa Peterson said she is not comfortable with the private deal with the Walkers,the building is 18 years old, the city already had to put in new air conditioning at the city's expense, and there are issues with the roof. Lisa said the city needs to get rid of the REC Center all together. Mr. Bobbitt stated the YMCA could provide savings to the city. The REC Center members are fitness based. He said there are duplications in the budget where the city can save money by not operating the REC Center. Mr. Bobbitt said the scholarships can save because as a charity,YMCA can solicit and find those donors and the city doesn't have to provide that. A `: ,. Mr. Bobbitt talked about different amenities that residents wanted in previous surveys and the costs. Alderman Funkhouser said this is a policy decision for the city- does the city want Parks and Recreation or just parks. Alderman Funkhouser said the city will always have parks and as recreation outdoor athletics programs. Alderman Funkhouser said if we don't have the REC Center, it will cause programs and staff cuts. Deb said you will decimate recreation in Yorkville. Brian said what specifically do you think the residents of Yorkville will not have access to. Alderman Funkhouswer said if we don't have the REC Center, the YMCA will build a facility and will offer all of those classes. Brian said they will offer Zumba, cheer, or whatever the REC offers. Mr. Burks said by partnering with the YMCA it expands programs. Alderman Kot asked about a committee consensus on the agreement before us tonight. Mr. Bobbitt said the YMCA and staff worked together to bring this together tonight. Amy asked what is the YMCA's preference co-manage the REC Center or build a new facility. Mr. Bobbitt said there is more traction by the board to build a new facility and it makes more sense than the old. Brian asked if money wasn't an object, what would you rather do buy the old or build new. Amy said of course a new facility would be great, but when the city has a revenue source and can offer all the programs,not cut staff and break even or make a surplus why not use it. Alderman Funkhouser said there are three things we need consensus from the committee on in front of us. First, the proposal in front of us, second, a 50150 venture which means a referendum and recommend to the council to move forward and third, does the city want to look into the numbers on the contract in front of us. Amy said the referendum question depends on details. Alderman Funkhouser said the city will not stop discussions or negotiations. Alderman Funkhouser said for now, we need to decide how we want to move forward. Do we want to take this to council to move forward with a referendum. Alderman Kot said the agreement before us is not in the best interest of the City of Yorkville and he doesn't want to move ahead with it. Alderman Kot does support moving ahead with bringing the referendum before city council provided the YMCA comes back with positive feedback from their board. Alderman Milschewski said she would like to see the results from a referendum. Amy said she agreed with Alderman Kot the agreement before them tonight is not good for Yorkville. Amy said she would like more information for a referendum and then she would agree with doing the referendum. Alderman Funkhouser said it is a general poll. Committee agreed no on the proposal tonight. Committee agreed to move forward on the referendum. Page 5 of 6 Alderman Kot said the contract before them tonight is a high risk because after five years the YMCA can leave.Alderman Kot said if the city is going to buy the REC Center, the city will buy it and run it ourselves. Mr. Bobbitt said if there are things the city doesn't like, it can be negotiated. Alderman Milschewski said if the city buys the building, we already have staff and the city can run it. Alderman Funkhouser said the consensus is to move forward with the referendum and send a recommendation to council to move forward with a non-binding referendum on a joint venture with the YMCA. Adjournment: Motion to adjourn made by Larry Kot and seconded by U"'........ Meeting was adjourned at 8:53 p.m. ININION ON Minutes Respectfully Submitted by: Lisa Godwin Page 6 of 6 ,SAD Co. Reviewed By: Agenda Item Number i JZ 001% Legal ❑ Minutes#2 Finance ❑ EST. 1836 Engineer ❑ City Administrator ❑ Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Minutes for Approval—July 10, 2012 Committee of the Whole Meeting and Date: COW—August 14, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Minute Taker Name Department Agenda Item Notes: MINUTES OF THE COMMITTEE OF THE WHOLE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,JULY 10, 2012, 7PM Mayor Pro Tern Carlo Colosimo called the meeting to order at 7:00pm and led the attendees in the Pledge of Allegiance. xa ROLL CALL Ward I Gilson Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present City officials present: City Administrator Bart Olson, City Attorney Kathleen Orr, Community Development Director Krysti Barksdale-Noble, Director of Parks and Recreation Laura Schraw, Treasurer Bill Powell, Chief of Police Rich Hart, Code Official Peter Ratos, Deputy Chief Larry Hilt, Deputy Chief Don Schwartzkopf, EEI Engineer Brad Sanderson, Administrative Intern Jeff Weckbach Other Guests: Lynn Dubajic-YEDC, Steve Lord-Beacon News, Tony Scott-Kendall County Record, Jillian Duchnowski-Yorkville Patch. See also guest lists. Alderman Spears requested an amendment to the agenda and asked that Public Safety P2-2012-17 Animal Ordinance be moved forward. Alderman Colosimo made 2 statements on behalf of Mayor Gary Golinski. There is a vacancy on the Police and Fire Commission and applications are being accepted by the Mayor's Office for consideration. Second, a clarification was made that the Evergreen Produce Stand on Fox Road is not associated with Evergreen Farms Development where bio-solids are being used. CITIZEN COMMENTS Fred DuSell of River's Edge said the weather siren did not warn of recent severe weather. Kendall County Director of Emergency Management Joe Gillespie said the recent microburst came without warning and therefore the siren was not sounded. Minutes of the Committee of the Whole—July 10, 2012—Page 2 of 12 Elizabeth Copeland is a former volunteer with the Fox Valley Wildlife Center and is concerned for children in the County. She said"wild" animals should not be sold. Danelle Banez said she had cared for a wild animal after it was abandoned. She spoke on behalf of Pets One saying she had gotten an animal there and it was an excellent pet. Laura Kirk, intern at the Fox Valley Wildlife Center, received a wild fox from a pet store. For safety of people and eco-systems, wild animals should not be kept as pets. Sheri Rocen, a teacher, stated that the Pets One owners are very well-informed and educate their customers. She said the foxes they sell are raised for captivity and she supports this business. George Gilson, Jr. stated that he supports Pets One, has not been harmed by any animals there and they should be allowed to keep their exotic animals. Karolyn Krall, owner of Pets One, said the foxes in their possession are being re-wilded. The owners are trying to educate people and noted there are 4.7 million dog bites a year. She added that Yorkville Animal Hospital does vaccinate wildlife. Rebecca Wilhelmi, Friends of Kendall County Animals, is a certified dog trainer. She said her group does not believe that wild animals should not be sold,bought or owned. Cory Krall,Pets One owner, said the fox at the Wildlife Center is not wild, but has started to bite and has been removed from human contact. He said the fox does not understand why it is now being caged and being re-wilded. He said cornered animals will attack. He also said that his business goes to great length to educate people and he asked that people stop by his store rather than believing the negative comments being made in the community. His business sees 4,000 to 5,000 customers a month who put money into the local community and his customer base includes people from all over the country. Conservation police approve of his business operation and he asked the Council to please do research prior to any decision. Anna Payton, Kendall County Animal Control, said several calls are received each week about wildlife care and removal. Ms. Payton agreed there are many dog bites each year that must be reported, however, there are not as many wild animals in captivity and therefore no bite statistics. Ms. Payton also said wild baby animals are very different from grown ones. She asked the Council to be proactive in their decision. Ashley Flint, Director of Fox Valley Wildlife, said wild animals such as their teaching coyote are unpredictable even though they may appear tame at times. She supports Pets One. Michael Hamilton,Pulte Homes sales rep spoke on behalf of the B.U.I.L.D. Program and said his builder has taken more than half of the permits offered under the program. The program has been very successful and people choose Yorkville due to B.U.I.L.D. Minutes of the Committee of the Whole—July 10, 2012—Pa2e 3 of 12 Jeff Fahle said he is a customer and supporter of Pets One and said they educate the public with their extensive knowledge. He said the pets were bred in captivity and any cornered animal can attack. In addition, Mr. Fahle is licensed to own wildlife. The Community Education Manager for Naperville area Humane Society said this is not a personal attack on Pets One, but said many people are not responsible pet owners with the animals being caught in the middle. They will not care for the animal for its lifetime. Laura Pawson, Kendall County Animal Control, said wild animals depend on people and cannot be re-released. Animal shelters will not accept, m. X PRESENTATIONS 1. Blackberry Creek Watershed Study Holly Hudson of Chicago Metropolitan Agency for Planning presented a slide show regarding the Blackberry Creek action plan goals for management and non-source point pollution. Some of the goals are to preserve open space, look at resources and protection of the water. Some funding is available for watershed plans and she offered assistance with any grant applications. She said a resolution of support is in the agenda packet and it has already been adopted by Kendall County, Elburn and Montgomery. Ms. Hudson said the Conservation Foundation had partnered with her organization. (out of sequence) PUBLIC SAFETY COMMITTEE 3. PS 2012-17Animal Ordinance Alderman Spears asked to have this item on the agenda after receiving many complaints about the types of animals being sold at Pets One. She is concerned about safety for all residents. She acknowledged that Pets One educates their customers, however, she questioned whether most people really know how to care for such animals. She asked the Council to consider the welfare of customers patronizing this store. She recommended including in the City Code, animals which should not be sold or owned in the City. She suggested that Staff could contact other communities for info on exotic animals. Alderman Munns asked how it would be determined which animals may not be owned or sold. He asked if the Council would vote on each individual animal. The staff at Pets One is fantastic according to Alderman Gilson and he added that they are professional and educate their customers. He said people are sometimes not responsible with any kind of animal and wondered where the line would be drawn. He asked that the Council members visit the store prior to a decision. Pet ownership responsibility, the loss of public freedoms and too much regulation was pointed out by Alderman Funkhouser and he suggested no action at this time. Alderman Teeling said the Council should not be regulating this matter. She added that Pets One educates their customers very well and was surprised there were complaints. The consensus of the Council was to drop this matter. Minutes of the Committee of the Whole—July 10, 2012—Page 4 of 12 MINUTES FOR APPROVAL 1. May IS, 2012 Public Works Committee Alderman Gilson noted a correction on these minutes. Page 3, under"d", should read"Alderman Gilson does oppose this.." Page 4, under"g", last line should read .."something in writing.." Alderman Gilson asked if there was an update available in regards to Alderman Milschewksi's inquiry about the jail and Alderman's Teeling's request about the Riverfront, both from page 6. These minutes will be approved as amended on a motion by Kot and second by Spears. Voice vote approval. x 2. June 12, 2012 Committee of the Whole Munns moved and Funkhouser seconded a motion to approve these minutes as presented. Voice vote approval. ECONOMIC DEVELOPMENT COMMITTEE ITEMS New Business: 1. EDC 2012-26 Downtown Business District A business owner has asked the City to create a business district downtown. Attorney Orr said that due to the extraordinary cost of redevelopment, the owner asked for the district, which permits an additional I% sales tax for a hotel tax. A half percent tax was requested. Some of the buildings do not comply with lot lines and can then be considered to be blighted, qualifying them as a business district. The amount of sales tax would not be more than $20,000. Legal costs incurred will be deducted prior to the business district is in place so that citizens are not paying for this. Mr. Gilson said he is opposed to a TIF and believes the developer would gain a double subsidy. He questioned why the developer was not satisfied with the TIF. Attorney Orr explained that due to decreasing property values, the revenue it would generate would be minimal. It was noted the half percent only applies to prepared food products, not on groceries or drugs. Alderman Munns commented that this is a viable developer, however, the only people to pay extra tax will be those making purchases in the business district. He said the City needs to keep the [redevelopment] momentum going. Commenting on the half percent tax, Alderman Colosimo said it is unique that all the buildings in this business district are owned by one individual. But, he would support an increase in taxes under these circumstances since a significant investment has already been made. Alderman Spears cited the example of Harlem-Irving being granted a business district and they later left the area. There are no guarantees,but she felt Mr. Tollefson would continue doing business here. She asked if Countryside could be given a TIF/business district. She said many people will not shop at the Yorkville Kohl's due to the higher tax. She said that would defeat the purpose of establishing a business district. She does not think she would support a business district or grant both a TIF and business district. Minutes of the Committee of the Whole—July 10, 2012—Page 5 of 12 Alderman Teeling said she would not vote on this matter since she works at Cobblestone. She asked if a business district could be removed at any time, which it can. Attorney Orr said if the matter moves forward, a date must be set for a Public Hearing. She explained the time frame of the required process. Alderman Spears noted a correction in the Resolution from"village"to "City" on page 2. The consensus of the committee was to move this item forward. Alderman Funkhouser and Alderman Teeling abstained. Aa\` 2. EDC 2012-27 Land Cash Study Economic Development Director Krysti Barksdale-Noble said the City had a land appraisal study done and$30,000 per acre is the new value, which is 70% less than the current level. It was asked that the Council postpone any decision until the Park Board can review. Alderman Colosimo moved and Alderman Gilson seconded, to table this matter until the Park Board can make a recommendation. 3. 2012-28 B.U.I.L.D. Program Extension There have been 24 completed applications. Krysti Barksdale-Noble emphasized that no taxpayer money is used for this program. She said staff recommended 30 more permits be allowed under this program or until June 30, 2013 is reached. Alderman Munns noted that 4 residents moved and built in Yorkville as a direct result of the program and recommended the program for another year. Alderman Gilson voiced his opposition to the program and said that any money refunded to builders is taxpayer money. Builders will eventually come back to Yorkville based on demographics. He asked how it could be proved that the program is a success. An upward trend of building permits as compared to last year, was noted by Alderman Funkhouser. He said it is a good program though there may be other factors affecting. He would support this program moving forward. Mr. Kot said the program creates job and recommended another 30 permits. He said it has received positive publicity and helps the perception that Yorkville is a forward-thinking community. Alderman Milschewski asked how a$5,000 rebate affects the City budget. Ms. Barksdale-Noble detailed the various fee rebates and added that no additional staff money was spent. She emphasized that the program outpaced the normal number of permits issued per month. Without the program she said the City would have lost money and an increased tax base. She has received many calls about the program. Administrator Olson said the City has done a B.U.I.L.D. survey and builders have said the program works! Ms. Spears said she initially opposed the program but thanked Krysti for the initiative and would support it in the future noting the success. This item will move forward to the next consent agenda. Minutes of the Committee of the Whole—July 10, 2012—Page 6 of 12 4. EDC 2012-29 Resolution Adopting the Blackberry Creek Watershed Action Plan The committee agreed to adopt this resolution after hearing the earlier presentation and this item will move to the consent agenda. PUBLIC SAFETY COMMITTEE ITEMS New Business 1. PS 2012-15 Resolution Adopting the Kendall County Multi-Hazard Mitigation Plan There was no discussion and a revised copy will move forward to the next Council consent agenda. 2. PS 2012-16 L igh to ing Detectors for City Parks There is currently a balance of$52,000 in a fund earmarked only for tornado sirens or lightning detectors, however, the money cannot be used for replacements or repairs. Staff has recommended spending $41,000 on additional lightning detectors. Ms. Schraw said the proposal is for one base station detector at Bridge Park and one at Raintree Park. The city has full coverage with tornado sirens and the next phase is for coverage with lightning detectors. /, Alderman Gilson asked if other bids had been requested in addition to the one from ThorGuard. No other bids were secured and Alderman Kot pointed out that the city has a history with ThorGuard. This company was also recommended by the Police Department. It was also noted that there is no cost-sharing with the schools at this time. Ms. Schraw will be meeting with the schools next week to discuss. Alderman Spears asked Ms. Schraw to determine the cost of the Guardian emergency notification system. Ms. Schraw also explained how the detectors work and Chief Hart added that the school district's policy is to cease sports activities immediately when the detector is activated. Alderman Milschewski noted that the detector also picks up interference in a certain mile radius that may cause it to activate. The detector is guaranteed within a one-mile radius. A motion was made by Alderman Gilson to table this item back to Public Safety or C.O.W. Chris Funkhouser seconded. Gilson then withdrew the motion for additional discussion. In conclusion, Alderman Kot asked about the length of time it would take to obtain another estimate and also an answer from the schools. He cautioned that something could happen if there are continual delays. This item will move to the Public Safety agenda, not consent, at the next C.O.W. meeting. Minutes of the Committee of the Whole—July 10, 2012—Page 7 of 12 PUBLIC WORKS COMMITTEE ITEMS New Business 1. PW 2012-41 Jay Heap Appraiser Contract— Game Farm Road/Somonauk Street Project Administrator Olson said new appraisals are needed for the land acquisition required for this project. Mr. Jay Heap was present at the meeting and noted that his original contract was for$85,000 at which time all appraisals and reviews were done. At that time, only parcels at the Somonauk intersection were acquired per the engineer. The cost is now higher due to new federal and state guidelines,but funding is available. Alderman Colosimo said the appraisals are only valid for 6 months and the City needs to act. Other Aldermen agreed and this item will move forward to the consent agenda. 2. PS 2012-42 Road Maintenance Update Alderman Gilson asked to have this on the agenda ande hopes to secure more funds for maintenance. Alderman Kot remarked that residents are complaining about potholes and he asked if there is a repair schedule. It will be done on a complaint basis according to Mr. Olson. It was noted that remaining salt money can be used for patching, but requires paperwork and resolutions. It would have to be voted on by July 24th and Mr. Olson suggested by waiting until spring, it would allow more time to prepare the paperwork. Alderman Colosimo also questioned if salt could be purchased at a lower price in the summer. Mr. Olson will discuss with Public Works Director Dhuse. 3. PW 2012-43 Capital Improvement Plan Alderman Gilson asked to have this on the agenda for review. Mr. Olson said the documents included are the plan from last year, analysis from the Finance Director regarding each project in the Plan and a sample capital improvement plan from another community. Staff will draft recommendations. Mr. Gilson asked about $225,000 in the Plan. It is earmarked for"safe route to school", salt space, Rt. 34 bike trail,parkway tree planting program, tree landscaping. He also asked if the City tracks available funding. Certain projects such as shallow well sightings are dependent upon building permits. Mr. Olson also detailed other future projects and their costs. ADMINISTRATION COMMITTEE ITEMS New Business 1. ADM-2012-41 Contractor's Registration and Licensing Committee Chair Spears said a resident had brought forth this item and asked the City to look into this for citizen protection. She said much staff time would be required. Alderman Colosimo said he is opposed to doing this as it may open the City to liabilities and gives false perception that the City approves a given contractor. Alderman Kot, Munns and Funkhouser agree with this opinion. Mr. Munns added that a resident can ask to see insurance and bond information. The committee consensus was to not move forward with this item. Minutes of the Committee of the Whole—July 10, 2012—Page S of 12 2. ADM 2012-42 Biosolid Application Alderman Gilson does not wish to allow biosolid application within the City limits. He said a biosolid is actually sewer sludge that contains contaminants. He quoted articles about biosolids and said he does not want to see Yorkville become a dumping ground. If IEPA awards a permit, the City cannot supersede this according to Alderman Colosimo. Mr. Gilson also said there have been complaints about the odor. Attorney Orr said there are ordinances for smells and that biosolids can be treated to eliminate odors. Since 1995 all annexation agreements have included verbage that states farms and the accompanying operations are a common part of living in Kendall County according to Mr. Olson. Gilson said the City does not have its own regulations for biosolids and Alderman Munns agreed that the City should try to take some sort of action to regulate this dumping. Ms. Orr said the City has a viable agriculture district so the argument would be to not recognize biosolids as a fertilizer and reasons would be necessary. Kot said he would like for the city to take some action, but the city cannot afford the legal bills. Ms. Orr said the City should determine if other cities ban biosolids as fertilizer. Currently there are no reported cases in Illinois or the surrounding states according to Ms. Orr. She said the Council must decide if they are willing to litigate because the city will be sued and would be the test case. Alderman Munns suggested that the City should change the ordinance and `put the ball in their court'. Ms. Orr stated the City would still incur costs. It was noted by Alderman Funkhouser that these types of products are actually sold in home stores for gardens. While it is treated, there is still some odor. Ms. Milschewski commented more research is needed. The general consensus was to do more research at this point and bring it back to the Administration Committee. Old Business: None MAYOR'S REPORT Old Business: 1. CC 2012-48 Home Rule Referendum Resolution Mayor Pro Tem Colosimo said there are only 3 spots available for referendums for the November election. The three current referendums being considered are: 1. Elimination of the Clerk as an elected position (to be appointed) 2. Elimination of the Treasurer as an elected position(to be appointed) 3. Home rule referendum Alderman Milschewski questioned if the Clerk and Treasurer can be considered as one. Ms. Orr commented that the current Clerk has 3 more years to her term. Minutes of the Committee of the Whole—July 10, 2012—Page 9 of 12 Mr. Colosimo asked Alderman Funkhouser to comment on the rec center committee he has chaired, since the rec center could possibly be considered for a referendum. The ad hoc committee met the night before this meeting and discussed a joint venture with the YMCA if the City were to purchase the rec center. That was decided against, however, a joint venture at a new facility was suggested. The cost would be $8 million with each party contributing half. It was noted that the contract with the rec center expires in June and a spring decision would be too late. Alderman Spears said she would like a binding referendum and allow residents to decide. She said people are frustrated because the City does not follow the citizens' opinions. Bart Olson explained that a binding referendum would mean the City has the authority to carry out the decision. Mr. Olson said there are 2 ways to phrase the question on the referendum: 1. Money is being requested for entering into a partnership with the YMCA and then possibly restrict it later by building a facility with the YMCA 2. City want to build a rec facility and will raise taxes. If approved, the City could then go to the YMCA or build it alone. Alderman Munns commented that the City has engaged in talks with the YMCA prior to this and felt the City should run their own programs. Kot added that is why such a proposal was voted down—it was felt the YMCA would manage it,but the City would bear the liability. Alderman Funkhouser said this venture would expand opportunities. Alderman Teeling questioned what would happen if the 2 entities did not agree on the terms of managing the facility. She also commented that the irony is that having the referendum will actually raise property taxes if approved. She said that if the City keeps the rec center or gets rid of it, the taxes will not change. Alderman Colosimo said his concerns are the condition of the building, management, etc. He would like the residents to decide. Ms. Milschewski said the people should decide and further stated that the YMCA might become our competitor as they are looking at a new facility Alderman Gilson said the city could spend the same amount of money either continuing with the rec center as they could on a new facility. Cooperating with the YMCA would double the amenities and he added the YMCA could become the competition. Mr. Kot remarked that if the referendum does not pass, it should delay any sale of the old post office as it may be needed. It is also unknown if the rec center owners will want to negotiate with the City. Minutes of the Committee of the Whole—July 10, 2012—Page 10 of 12 There is a resolution for home rule and a decision is needed in 2 weeks to have it placed on the ballot. A final decision must be made and given to the County by August 16. Mr. Kot said home rule and rec center should be on November due to a greater voter turnout in that month with the national election. The other Aldermen agreed. It was noted there is no cost to put issues on referendum. Ms. Orr said if all 3 issues can be put on the referendum, it will be done. Mr. Colosimo added that perhaps the third issue on the ref should be if the rec center should be purchased without issuing further bonds and make it non-binding. 2. CC 2012-49 Ordinance Regarding City Council Procedures An ordinance is proposed to separate the comments section of Council meeting: one at the beginning to discuss agenda items and the other at the end to discuss any issues. Both would have a 5-minute time limit, however, the Council decided against the 5-minute time limit. Mr. Colosimo opposes the ordinance since it contains C.O.W. language and he is opposed to C.O.W. as it is rushed. Ms. Spears agreed and said that C.O.W. meetings require more staff preparation time. Ms. Milschewski agreed and said she would rather have 4 short meetings. Gilson also concurred. Ms. Teeling questioned whether Executive Sessions would be prior to the ending comments. It was thought comments would be prior. Alderman Kot suggested having Executive Sessions. prior to regular meetings since they are short and would eliminate late night meetings when decisions are being made. Milschewski and Munns moved and seconded to table this item to the September 1St Council meeting. Voice vote approval. INFORMATIONAL ITEMS 1. EDC 2012-30 Building Permit for June 2012 2. EDC 2012-31 Building Inspection Report Summary for June 2012 3. EDC 2012-32 Property Maintenance Inspection Report for June 2012 4. PS 2012-18 Monthly Police Reports for June 2012 5. PW 2012-44 Windett Ridge Mowing 6 P 2012-45 Storm Cleanup Update No discussion on above 7. ADM 2012-30 Verizon Cell Phone Proposal A proposal has been made to switch to smart phones and Alderman Munns asked how many employees really need them and what is the cost of switching providers. It would be evaluated each year according to Mr. Olson and the phones would be budgeted so all key employees have them. Munns said the monthly savings is apparent, but questioned all other charges that might be incurred. 8. ADM 2012-43 Grant Spreadsheeet No discussion. All items except#7, Verizon Cell Phone Proposal, will be moved to the consent agenda. The cell phone plan will be discussed further at the next Council meeting. A ninth item was added to the informational items. It is: Minutes of the Committee of the Whole—July 10, 2012—Page 11 of 12 9. Whitewater Festival Due to low water conditions in the Fox River, Ms. Schraw said this event would be postponed until September(after the 15th). The BBQ and music will be held as scheduled. ADDITIONAL BUSINESS: Alderman Spears had the first 4 items for discussion: 1. Has anyone spoken with the YEDC regarding additional City members on the Board? Bart Olson said they will be discussing this in the future. 2. Are there any updates on the Countryside development and road closings? There are no further development updates, however, some of the roads will be closed with temporary barriers and the roads will be fixed. Alderman Teeling asked about the construction trucks parked there. A bank representative has notified the trucking company that it is private property. 3. Kendall Marketplace has a stop sign in on the north/south road by Target. ................. 4. Has anything been done about e faded road arrows by Rt. 47 and Countryside? Eric Dhuse will be consulted. '� 5. Alderman Gilson stated that Alderman Milschewksi had asked about the old jail progress. The Cultural Arts Committee has access to it for small repair jobs, but nothing substantial has been done. It is thought there is a little less than $5,000 left over from Halloween. Bart Olson will check further. 6. Alderman Munns asked who owns the property by the Moose and BP noting that it is full of potholes. It is owned by the Moose and Mr. Munns asked for a report from them. 7. The rusty caboose is still on Hydraulic and Alderman Munns asked about the plans for it. At this point it would be too expensive to move and it was suggested it be sold. 8. Treasurer Bill Powell said he had written a letter to the editor regarding choosing an energy supplier. He handed out a copy. There was no further business and Mayor Pro Tern Colosimo entertained a motion to enter into Executive Session. At 11:15pm it was moved by Alderman Teeling and seconded by Alderman Spears to enter into this session. Roll Call: Gilson-aye, Colosimo-aye, Milschewski-nay, Kot-aye, Munns-present, Funkhouser-aye, Spears-aye, Teeling-aye. Executive Session concluded at 11:36pm and the regular meeting resumed. Roll call back into C.O.W.: Teeling-aye, Spears-aye, Funkhouser-aye, Munns-aye, Kot-aye, Milschewksi-aye, Colosimo-aye, Gilson-aye Minutes of the Committee of the Whole—July 10, 2012—Page 12 of 12 The regular meeting was adjourned at 11:37pm on a motion by Alderman Milschewski and second by Alderman Teeling. Respectfully submitted by Marlys Young, Minute Taker -% h h h h h h hh h d� hhh h c[ "h "h F fr 4 . ,SAD Co. Reviewed By: Agenda Item Number i 0 40 Legal ■ EDC—NB #1 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ■ Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ EDC 2012-33 Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Aurora Area Convention and Visitors Bureau(AACVB)Agreement Meeting and Date: Committee of the Whole—August 14, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 2007 Action Taken: Extension approved Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: `,SAD C►p 011% Memorandum To: City Council EST 1836 From: Bart Olson, City Administrator CC: .y� p fth. Date: August 8, 2012 �.MQW* Subject: Aurora Area Convention and Visitor's Bureau (AACVB) LE Agreement Summary A five year extension to the City's agreement with the Aurora Area Convention and Visitor's Bureau. BacktZround This agenda item was last discussed in 2007, when a five-year extension was approved to the original agreement. The original agreement, approved in 1990, and the most recently approved extension are both attached to this memo. The original agreement dictated that the City impose a 3%hotel tax, and disburse 90% of those taxes to the AACVB. The hotel tax disbursements must be used by the City, or another entity like a tourism bureau, to promote tourism activities within the Yorkville area. The original concept behind the AACVB was that our few thousand dollars of hotel taxes would not be efficiently used to promote Yorkville alone, and that it would be better spent to market the entire region as a tourism destination, including Yorkville attractions, businesses, and events in the regional marketing materials. In FY 12, the City took in a total of$51,029 hotel taxes, and disbursed about $45,000 to the AACVB. For that fee, we get inclusion within the AACVB annual guide (http://www.enjoyaurora.com/pdf/AACVB_2012_VisitorsGuide.pdf), website promotion, brochures, other materials, and free distribution of said materials. Chris Hamilton, Executive Director of the Aurora Area Convention and Visitor's Bureau will be at the Committee of the Whole meeting to give a presentation on the Aurora Area Convention and Visitor's Bureau. Recommendation We understand the temptation to take a relatively large amount of money and strike out on our own tourism marketing campaign. But,we feel the best value for the City's hotel tax dollar lies with the AACVB because of their staff. We may be able to buy TV ads, create brochures, and do other tourism activities for$45,000,but we would have to use our staff time to administer all aspects of those expenditures. With the participation in the AACVB, we get access to tourism experts and support staff. Staff recommends approval of the AACVB agreement extension. SIXTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT THIS SIXTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT ("Fifth Amendment") made effective the 15th day of December 2012 by and between the cities of Aurora (hereinafter "Aurora"), Batavia (hereinafter "Batavia"), Plano (hereinafter "Plano"), Sandwich (hereinafter "Sandwich") and Yorkville (hereinafter "Yorkville") and the Villages of Big Rock (hereinafter "Big Rock"), Montgomery (hereinafter "Montgomery"), North Aurora (hereinafter "North Aurora"), and Sugar Grove (hereinafter "Sugar Grove"), all being municipal corporations of the State of Illinois (sometimes individually referred to herein as a "Municipality" and collectively referred to herein as the "Municipalities"). WITNESSETH: WHEREAS, effective December 15, 1987, Aurora, North Aurora, Sugar Grove and Montgomery, executed an Intergovernmental Cooperation Agreement (hereinafter the "Intergovernmental Agreement"), which was subsequently joined by Oswego and Yorkville, for a five-year term beginning on December 15, 1987 and ending on December 15, 1992; and WHEREAS, effective December 15, 1992, the Intergovernmental Agreement was amended by the Municipalities referenced therein extending the term from December 15, 1992 through December 15, 1997, with the exception of North Aurora, which only agreed to extend the term from December 15, 1992 through December 15, 1995; and WHEREAS, effective December 15, 1995, a Second Amended Intergovernmental Agreement was executed for the sole purpose of North Aurora agreeing to extend the term of the Intergovernmental Agreement from December 15, 1995 through December 15, 1997; and WHEREAS, effective December 15, 1997, a Third Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 1997 through December 15, 2002, which was subsequently joined by Plano; and WHEREAS, effective December 15, 2002, a Fourth Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 2002 through December 15, 2007, which was subsequently joined by the City of Batavia, City of Sandwich and the Village of Big Rock; and WHEREAS, effective December 15, 2007, a Fifth Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 2007 through December 15, 2012; and WHEREAS, the Municipalities have agreed to a Sixth Amendment to the Intergovernmental Agreement extending the term thereof for five (5) years from December 15, 2012 through December 15, 2017. NOW, THEREFORE, the Municipalities, in consideration of the mutual covenants and agreements of the parties, do hereby and herein agree as follows: 1. That the term of the Intergovernmental Agreement shall be extended for five (5) years from December 15, 2012 through December 15, 2017 as between all of the Municipalities. 2. That except as set forth in this Sixth Amendment and in the prior Amendments thereto, the Intergovernmental Agreement shall remain in full force and effect as originally executed by the parties. 1 IN WITNESS WHEREOF, the parties hereto have caused this Sixth Amendment to be executed by their appropriate officers effective as of the date first above written. CITY OF AURORA, a Municipal corporation ATTEST: City Clerk Mayor VILLAGE OF NORTH AURORA, a municipal corporation ATTEST: Village Clerk Village President VILLAGE OF SUGAR GROVE, a municipal corporation ATTEST: Village Clerk Village President VILLAGE OF MONTGOMERY, a municipal corporation ATTEST: Village Clerk Village President UNITED CITY OF YORKVILLE, a municipal corporation ATTEST: City Clerk Mayor VILLAGE OF BIG ROCK, a Municipal corporation ATTEST: Village Clerk Village President CITY OF PLANO, a Municipal corporation ATTEST: City Clerk Mayor CITY OF SANDWICH, a Municipal corporation ATTEST: City Clerk Mayor CITY OF BATAVIA, a Municipal corporation ATTEST: City Clerk Mayor 2 R 1?o .. 9 CITY OF YORKVILLE RESOLUTION AUTHORIZING AGREEMENT TO JOIN AURORA AREA CONVENTION AND TOURISM COUNCIL WHEREAS , on December 15 , 1987 , the City of Aurora, and the Villages of North Aurora, Sugar Grove and Montgomery entered into a certain Intergovernmental Cooperation Agreement relative to promoting travel , convention and tourist activities in each of their respective jurisdictions ; and WHEREAS , the City of Yorkville deems it advantageous to join the City of Aurora, Villages of North Aurora, Sugar Grove and Montgomery in their participation with the Aurora Area Convention and Tourism Council , an Illinois General Not-for-profit Corporation. NOW, THEREFORE, be it resolved by the Mayor and the City Council of the City of Yorkville , Kendall County, Illinois , that the City of Yorkville participate with the City of Aurora, Villages of North Aurora, Montgomery and Sugar Grove in the promotion of travel, convention and tourist activities , as well as supporting and joining the Aurora Area Convention and Tourism Council , an Illinois General Not-for-profit Corporation. In addition, the Mayor and the Village Clerk be and are hereby authorized to prepare the appropriate agreement to join the previously executed Intergovernmental Cooperation Agreement by and between the City of Aurora and the Villages of North Aurora, Sugar Grove and Montgomery. In addition, under the aforementioned Intergovernmental Cooperation Agreement, the City of Yorkville is required to adopt an appropriate ordinance imposing a tax in the nature and of the type described by Section 8-3-14 of the Illinois Municipal Code , to wit: A tax upon all persons - 1 - engaged in the City of Yorkville in the business of renting, leasing or letting room in a hotel , as defined in "The Hotel Operators, Occupation Tax Act" ( 1ll . Rev. Stat. 1987 , ch. 120 , par . 481b. 31 et seq. ) . PASSED by the City Council of the City of Yorkville, Illinois this ]],� --2nd day ofctf, 1990 . _ y& Clerk y Clifford Jahp YES Larry B. Small YES Robert Fey YES William Radke YES Ralph Pfister YES James Hayden YES Gary Bown YES Dennis Fahrlander YES APPROVED, by me as I44yor of the it y of Yorkville , Kendall County, Illinois, this -day of N 1990 . ,Mayor Robert E. Davi son r . 2 - LAW OFFICES OF 1107A SOUTH BRIDGE STREET DANIEL J•KRAMER YORKVILLE,ILLINOIS 60580 TIMOTHY J.MCGANN (708)563.9500 FAX:(708)5535784 October 12, 1992 Mayor, City Clerk and Aldermen City of Yorkville 610 Tower Lane Yorkville, 1L 60560 To Whom it May Concern Enclosed please find a copy of the Intergovernmental Cooperation Agreement that needs to be executed Thursday night at the regularly scheduled City Council meeting to continue our enrollment in the Fox Valley Tourism Council. 1 would like someone to make a motion to approve entry into the agreement Thursday night. Secondly, we should discuss when we get back to a Committee of the Whole meeting what action to take against the one hotel in town which has steadfastly refused to fill out any reports and make any contributions according to the ordinance that we passed in regard to the Tourism Council. V y truly yo s, Daniel J Tamer Attorney at Law DJK/mh Enc. - -_- u - z - ` ` L. rt w v F F I C E S D K R A M.E,R. F 0 OCT 12 '92 11:08 DSH&T LRW FIRM p,214 Z=fi J v Ii.Bh=NTA< <"QQ=,!TrQN a nr.Y.Q JrNT 1 THIS 1NTERGOVRRNMENTAL COOPERA17ION AGREEMENT made the „ day of , 1992 by and between the cities of Aurora (hereinafter "Aurora") and Yorkville(h=ViWW "Yorkville") and the Villages of North Aurora (hereinafter "North Aurora"), Sugar Orave (hereinafter "Sugar Grove*), Montgornery (hereinafter "Montgomery") and Oswego (hereinafter "Oswego"), all municipal corpomdons of the State of Jilinoix (sornetimes collectively referred to herein as the "Municipalities"). WHEREAS, Section 10 of Article VII of the Illinois Constitution of 1970 and. the lntargovarnmental Cooperation Act (111,Rev.Stat. 1989, Ch. 127, par. 741 et sN.) allow governing bodies to enter into agreements involving a variety of authorized projects; and WEMEAS, Aurora has a population Of more than 25,000 persons and is dweforo, a home rule unit under xubsectaion (a)of Secdon d of Article VII of the Minois Constitudon of 1970; and WEE LEAS, subject to said Section, a home rule unit may exercise any power and perform arty function partaining to its government and affairs for the protection of the public health, safety, morals and welfare; and SAS, North Aurora, Sugar Grove, Montgomery, Oswego and Yorkville are munidpalities authorized by section 8-3-14 of the Illinois Municipal Code (M,Xay.Stat. 1989, Ch. 24, par. 8-3-14) to exercise the powers and functions hereinafter described; and WEMMAS, the Aurora Area Convention and Tourism Council, an Illinois general not for-profit corporation (hereinafter "AACTC") has since December 13, 1997 utilized a certain funding plan hereinbelow described for the purposes of expanding participation in a grogram of travel, convention and tourist bureau activities; and WHEREAS, said program, in conjunction with the Greater Aurora Chamber of Commerce and State Pond matching, has been determined to be in the great interest of the citizens of the Municipalities for its many advantages to economic development, continued area revitalization and increased social prosperity; and WHEREAS, Aurora,North Aurora, Sugar Grove and Montgomery on December 15, 1987 entered into an Intergovernmental Cooperation Agreement (hereinafter "Intergovernmental Agreement"), which was subsequently joined by Oswego and Yorkville and which by its terms is to expire on Dmember 15, 1992; and I 1 O 1 2. 92 02 SLAW OFFICES D KRAMER WHEREAS, the Municipalities desire to extend the lntcrgovernmental Agreement as set forth herein; NOW, THEREFORE, the Municipalities, in cOnsideradon of the below stated mutual covenants, do each hereby and herein agree as follows: 1. Each of the Municipalities herein shall initiate alI proceedings noressary to the adoption of, modltication of existing ordimaes, if nemsuy, and Shall thenceforth adopt, an 8ppr0p'ate OAK=ce irttp03& a tax in the nature ud of the type described in Section 8-3-14 of the Illinois Municig Cade, whether authorized by Camstitutioual home rule powers or the zuthmty of said Section, as applicable' to wit: a tax upon all persons engaged in such municipality in the business Of renting, leasing or letting room in a hates, as defined in "The hotel Operators' 0=upadon Tax Act,, (III.Rev.Stat 19$9, Ch. 120, par. 481b.31 et seq.). 2. Said taxes shall be imposed under conditions and Provisions in the Mature and of thb type described by said Section 8.3-14,, regardless of imposidOa authority applicable hereinunder, except as otherwise he2v4n specify, 3. Said taxes shall be at a rate of 3% of the gross remal receipts as further dews-bed and conditioned by said Section 8-3-14. 4. The revenues from said tuft shall be devoEed to the promotion of tourism and conventions or otharwise to aM2rt non-reidant Overnight visitors, by the following disbursement: a minimum of 4496 of all revenues shall be given over to AACTC and the remaining amount of up to 10% shall be individually retained by the taxing Municipalities. S. This Intergovernmental Cooperation Agreement shall continue in full force and effect for a period beginning on the 15th day of Dwember, 1992 and expiring on the 15th day of December, 1997. 2 IN WI'T'NESS WE EOF, the parties hereto have cause[ this Intergovernmental Cooperation Agreement to be execatcd by their appropriate officers as of the date first above written. CITY OF AURORA,a Municipal corporation A'I"rF�S'T city Clock Mayor VILLAGE OF NORTH AURORA, a Municipal corporation AT'T'EST: Village Cark Village Pry 4dcnt VILLAGE OF SUGAR GROVE, a Municip4 corporation AT'T'EST: Village Clerk "pillage Pmident . VX AGE OF MONTGOM$RY, a Municipal corporation A'i'IES Village C1GrY Village President CITY OF YORKVILLE, a Municipal corporation ATIEST; City Cietk Mayor VILLAGE OF OSWEGO, a Municipal corporation ATTEST: Village Clerk ViUge President 3 FIFTH AMENDED INTERGOVERNMENTAL. COOPERATION AGREEMENT for the Aurora area Convention and Visitor's Bureau THIS FIFTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT ("Fifth Amendment") made effective the 15th day of December, 2007, by and between the cities of Aurora (hereinafter "Aurora"), Batavia (hereinafter "Batavia"), Plano (hereinafter "Plano"), Sandwich (hereinafter "Sandwich"), and Yorkville (hereinafter "Yorkville") and the Villages of Big Rock (hereinafter "Big Rock"), Montgomery (hereinafter "Montgomery"), North Aurora (hereinafter "North Aurora"), and Sugar Grove (hereinafter "Sugar Grove"), all municipal corporations of the State of Illinois (sometimes individually referred to herein as a "Municipality" and collectively referred to herein as the "Municipalities"). WITNESSETH: WHEREAS, effective December 15, 1987, Aurora, North Aurora, Sugar Grove and Montgomery, executed an Intergovernmental Cooperation Agreement (hereinafter "Intergovernmental Agreement"), which was subsequently joined by Oswego and Yorkville, for a five-year term beginning on December 15, 1987 and ending on December 15, 1992; and WHEREAS, effective December 15, 1992, the Intergovernmental Agreement was amended extending the term from December 15, 1992 through December 15, 1997, with the exception of North Aurora, which only agreed to extend the term from December 15, 1992 through December 15, 1995; and WHEREAS, effective December 15, 1995, a Second Amended Intergovernmental Agreement was executed for the sole purpose of North Aurora agreeing to extend the term of the Intergovernmental Agreement from December 15, 1995 through December 15, 1997; and WHEREAS, effective December 15, 1997, a Third Amended Intergovernmental Agreement was executed by the Municipalities extending the term thereof from December 15, 1997 through December 15, 2002, which was subsequently joined by Plano; and WHEREAS, effective December 15, 2002, a Fourth Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 2002 through December 15, 2007, which was subsequently joined by the City of Batavia, City of Sandwich and the Village of Big Rock; and 1 WHEREAS, the Municipalities have agreed to a Fifth Amendment to the Intergovernmental Agreement extending the term thereof for five (5) years from December 15, 2007 through December 15, 2012. NOW, THEREFORE, the Municipalities, in consideration of the mutual covenants and agreements of the parties, do hereby and herein agree as follows: 1. That the term of the Intergovernmental Agreement shall be extended for five (5) years from December 15, 2007 through December 15, 2012 as between all of the Municipalities. 2. That except as set forth in this Fifth Amendment, the Intergovernmental Agreement shall remain in full force and effect as originally executed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to be executed by their appropriate officers effective as of the date first above written. CITY OF AURORA, a Municipal corporation. ATTEST: City Clerk Mayor VILLAGE OF NORTH AURORA, a Municipal corporation ATTEST: Village Clerk Village President VILLAGE OF SUGAR GROVE, a Municipal corporation ATTEST: Village Clerk Village President VILLAGE OF MONTGOMERY, a Municipal corporation ATTEST: Village Clerk Village President 2 UNITED CITY OF YORKVILLE-, a Municipal corporation AT_ TEST: t� DEPul City Clerk Mayor VILLAGE OF BIG ROCK, a Municipal corporation ATTEST: Village Clerk Village President CITY OF PLANO, a Municipal corporation ATTEST: City Clerk Mayor CITY OF SANDWICH, a Municipal corporation ATTEST: City Clerk Mayor CITY OF BATAVIA, a Municipal corporation ATTEST: City Clerk Mayor 3 `,SAD C►p Reviewed By: Agenda Item Number d Legal ❑ EDC—NB #2 Finance ❑ EST. 1836 Engineer ❑ - City Administrator W Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ EDC 2012-34 Police ALE �► � Public Works ❑ Agenda Item Summary Memo Title: Swanson Lane Estates—Plat of Vacation Meeting and Date: COW August 14, 2012 Synopsis: Request for approval of a Plat of Vacation for a previously approved Final Plat of Subdivision for the Swanson Lane Estates development. Council Action Previously Taken: Date of Action: 5/10/2005 Action Taken: Approval of Annex. Agreement & Final Plat Item Number: Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Department Name Department Agenda Item Notes: See attached memo and supporting documents. o Memorandum Esr. y 1836 To: Committee of the Whole .� From: Krysti J. Barksdale-Noble, Community Development Director I�.ci �� °°°°15oa° O CC: Bart Olson, City Administrator LE v� Date: August 8, 2012 Subject: Swanson Lane Estates—Request for Plat of Vacation Request Staff was recently contacted by Mr. Gary Ciampi, the current owner of the Swanson Lane Estates property requesting release of the letter of credit (LOC) the City currently holds for the development. Since the LOC was established upon approving the Final Plat of Subdivision for the property to ensure the construction of all public and private improvements, the LOC must remain in place as long as the property has a Final Plat recorded against it. Therefore, the owner is proposing to relinquish the entitlements afforded to him as part of the previously approved Final Plat of Subdivision, as provided in an annexation agreement for the Swanson lane Estates development, and requests approval of a Plat of Vacation. Development Background In 2005, the City of Yorkville annexed and approved the final plat of subdivision for the Swanson Lane Estates development, a roughly 15-acre property located south of Cannonball Trail and east of Bridge Street (IL Rte. 47) along Blackberry Creek, as illustrated on the attached map. As approved, the six (6) lot subdivision was designated a Planned Unit Development (PUD) and zoned within the E-I Estate Residential District with an existing residence located on Lot 4 of the subdivision. Per the recorded Annexation Agreement entered into on May 10, 2005 between the City and the then-owners, Gordon and Marcia Swanson, the following are some provisions agreed upon with regard to the development of the Swanson Lane Estates property: • Variances regarding construction of certain roadway right-of-ways and street widths within the approved development were approved. • The subdivision was not required to connect to the City's sanitary sewer system and was permitted to use septic fields or mechanical sewer systems for each residence. • Storm water detention was not required for the development due to the sufficient open space and extent of existing vegetation. • Easements, floodplain management and conservation areas were required to be dedicated on portions of the property. • Variances for certain bulk regulations related to maximum height and established minimum home size requirements. • Establishment of development fees assessed on a per unit basis (Exhibit"E") • Approval of certain Declaration of Protective Covenants (Exhibit"F") Although construction never began on the Swanson Lane Estates subdivision since approval of the final plat in 2005, the City is currently holding an irrevocable letter of credit (LOC) in the amount of $188,884.85 for the proposed public improvements of the development. We have been notified by the current owner, Gary Ciampi that the financial institution securing the LOC will most likely not renew the letter and the annexation agreement is set to expire 10 years of the original approval date or on May 10, 2015. Staff Comments/Recommendations Since the terms of such annexation agreements are assignable to and binding upon subsequent property owners and the obligations/encumbrances run with the land, the current owner is seeking relief of the provisions and benefits of the previously approved Final Plat of the Swanson Lane Estates development. All entitlements afforded for the platted lots, with the exception of annexation and current zoning, are requested for removal as illustrated in the attached proposed Plat of Vacation submitted by the owner and prepared by Todd Surveying. The proposed Plat of Vacation has also been reviewed and recommended for approval by the City Engineer(see attached review comments). Staff is supportive of the request, as the letter of credit established in 2006 securing the proposed infrastructure to the subdivision may not adequately cover the cost to construct these improvements in today's dollars. Furthermore, since no construction activity has occurred on the property in the past seven (7) years, and will not likely occur within the next three (3) years when the original annexation agreement is set to expire, it is in the best interest of the City to remove the encumbrances on the property so that it may be sold and positioned for redevelopment. Should the Committee of the Whole be favorable to the request of vacation of the previously approved plat, staff and the City Attorney will prepare a draft ordinance to be presented at the next City Council meeting. Staff and the property owner will be available at Tuesday night's meeting to answer any questions of the Committee. C-annonball-Trl 10 � ^1 61 \OOL IN 317 �p 21 219 g P a rI �� QL 40�3 zsos Z 19 ; L�N�J 3 51Z S SW O NN L�J N N Q 42 N D O O LLLLSShdyyJ .j 408 4�6 L E o C N O � M oA� 306 Swanson-L-n 4u N •.. C -'t .a '.1 �� 416 E-L-exington-C-ire WY 47 `exington Cir s F" 10 6 7 6 , .v r 4 • T . 3 � 2 1 Kennedy"Rd United City The Data is provided without warranty or any representation of np y of Yorkville GIS accuracy,timeliness,or completeness.It is the responsibility of the �1?i Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and W E Provided By Kendall County GIS appropriateness of its use. The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. s To the United City of Yorkville 06/29/20I2 Per my conversation with Krysti Barksdale-Noble I Stephen Ciampi the owner of the property know as Swanson lane estates. P am requesting that the City of Yorkville consider this project dead at this time And by doing so releasing the bond that is held with the Old Second Bank Elburn. With this request I will be submitting a plat of vacation for this project per her instructions. Thanks Stephen Ciampi PLAT OF VACATION NOTE! OF FINAL PLAT OF PLANNED UNIT DEVELOPMENT SWANSON LANE ESTATES ALL PUBLIC UTILITY AND DRAINAGE EASEMENTS, PUBLIC UTILITY AND INGRESS-EGRESS EASEMENTS, ELOODPLAIN BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 1�11�lNAGE1UIENT AND CONSERVATION EASEMENT AREAS, SETBACKS 7, EST OF THE THIRD PRINCIPAL MERIDIAN, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND LOTS ARE HEREBY VACATED Lot 69 Lot 71 Lot 70 L ec riled August 31, 1 94 as Document o. 940870 Bl Lot ° Lot 73 Lot 74 Lot 68 Lot 76 Lot 77 B5°39'37" E 575W' 31_, o' P.uE Lot 79 Lot 78 �o Lot 80 0' B.S.L. 10' P.U. 1).E. 68' E 260.19' N 85°39'37" r _ 0' P.U.si _ 30 B.S.L. v J lob 5'p ,1° _,��2S' B Lot 3 30' B.S.L_ 4-- I U �� \S� � of � < SURVEYOR'S CERTIFICATE o R,74. 00 I I �b STATE OF ILLINOIS ) 0 9� ) w W I : Lot 2 SS ) COUNTY OF KENDALL I O divided o o ° S 80 4034" This is to certify hat I the undersigned, an Illinois w ^� Unsub �I m j E 3721 S' _ 10' Y 9 i m Lot 1 0 �° �° P.U. _ gs.L. ,o. Registered Land Surveyor, at the request of the owners Io N� �b Ingress-Egress Easement a 10 �/ � G o� thereof, have prepared this plat for the purpose of N o co �� HEREBY VACATED I a.s.L. - N _�p �° vacating all lots and easements within the following O 5 L Q eat described property. CC FINAL PLAT OF PLANNED UNIT DEVELOPMENT, SWANSON I LANE ESTATES, BEING A SUBDIVISION OF PART OF THE Q_ / �s. °° NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, ? B.S.L. N 86°30'03" E 225.40 C5 / �s�. \ RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN 25 I C7 -� s� BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; MORE C6 J I \C4 PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF __j Lot 4 THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, C2 L3 L4 C3 RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, cl-D L1 C1 I DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON o p 50' P.U.E. & Ingress-Egress Easement L2 25 SL. �, uj � THE ORIGINAL CENTER LINE OF THE BRISTOL AND �- c �o °: BRISTOL STATION ROAD AT THE NORTHWESTERNMOST B.S.L. A B.S.L. _ °� CORNER OF BLACKBERRY CREEK SUBDIVISION a N " 90.00 3 B.S.L. N 86'56'06" E 82.36'21 ACCORDING TO THE PLAT THEREOF RECORDED �j 48.00' N � SEPTEMBER 22, 1988 AS DOCUMENT N0. 885104; O� N j30, B.S.L. B.S.L Lot 5 oo 's2, N 87.18'114" w 95.00' s 8747718° w 95.00' THENCE NORTH 06°30'00" EAST ALONG SAID OLD CENTER LINE, 177.53 FEET,• THENCE NORTH 06°23'10" EAST ALONG SAID CENTER LINE, 414.85 FEET TO A 0 POINT ON THE SOUTH LINE OF "BLACKBERRY CREEK \ as o ELOODPLAIN MANAGEMENT NORTH, YORKVILLE, KENDALL COUNTY, ILLINOIS" 2_ AND CONSERVATION SUBDIVISION EXTENDED WESTERLY; THENCE NORTH '33'33' E EASEMENT AREA AND 85°39'37" EAST ALONG SAID SOUTH LINE, A DISTANCE o °O S 83.36'50" N 762705 58.27 PUBLIC UTILITIES AND 1�6.o OF 260.19 FEET, THENCE SOUTH 0623'10" WEST, DRAINAGE EASEMENT b 0 PARALLEL WITH THE ORIGINAL CENTERLINE OF THE Q:) Lot 6 40.93' E 5°.77 N 89°30'45" YV 348.00' HEREBY VACATED r° O ��°45 BRISTOL AND BRISTOL STATION ROAD 208.30 FEET 8 W THENCE NORTH 86°30'03" EAST, 225.40 FEET, THENCE 0 oho NORTH 06 23'10" EAST, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 211.67 FEET TO SAID m FLOODPLAIN MANAGEMENT SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION; THENCE NORTH 85 39 37 EAST, 575.00 FEET, THENCE CI-)O AND CONSERVATION EASEMENT AREA AND 6' 0 SOUTH 39°28'49" EAST, 594.27 FEET, THENCE NORTH � � PUBLIC UTILITIES AND 77°45'38" WEST, 126.0 FEET, THENCE SOUTH 12°14'22" DRAINAGE EASEMENT � HEREBY VACATED WEST, 44.00 FEET TO THE NORTHERLY LINE OF SAID P 1988 as Document No. 885104) 00 ® BLACKBERRY CREEK SUBDIVISION; THENCE SOUTH Blackberry Creek Subdivision (Recorded September 22, 42°46'03" WEST ALONG SAID NORTHERLY LINE, 186.00 ���• FEET; THENCE NORTH 83°55'57" WEST ALONG SAID NORTHERLY LINE, 127.0 FEET,• THENCE NORTH 28°05'56" o WEST ALONG SAID NORTHERLY LINE, 180.00 FEET, THENCE NORTH 89°30'45" WEST ALONG SAID NORTHERLY ®0� �� N 83°5557" W Lot 30 127.0o' LINE, 348.00 FEET,• THENCE SOUTH 55°04'46" WEST ALONG SAID NORTHERLY LINE, 508.00 FEET, THENCE SOUTH 50'16'57" WEST ALONG SAID NORTHERLY LINE, POINT OF BEGINNING 211.00 FEET,• THENCE NORTH 28°40'52" WEST ALONG SAID NORTHERLY LINE, 220.00 FEET TO THE POINT OF BEGINNING; IN BRISTOL TOWNSHIP, KENDALL COUNTY, Lot 11 ILLINOIS Lot 12 Given under my hand and seal this day of --------- A.D., 2012. � vo -------------------------------- �� Lot �3 Michel C. Ensalaco Lot 6 Lot 7 1304 Sunset Ave, Ste E. P.L.S. # 2768 � Lot 8 CURVE DATA DESCRIPTION LENGTH BEARING LINE DATA Todd Surveying, �J DESCRIPTION RADIUS LENGTH CHORD BEARING CHORD LENGTH Yorkville, Illinois o � 60560 L 1 9.25' N 83'36'50" W C1 225.00 69.12 N 87°3311 E 68.84 C2 300.00' 73.04' S 85°43'40" W 72.68' L2 125.39' S 87°17'51" E �. 5 C3 400.00' 132.72' N 83°16'07" E 131.13' L3 106.99' S 87°17'51" E C4 600.00' 147.63' S 80°53'01" W 147.26 L4 18.40' S 87°17'51" E ' L5 15.34' N 06'23'10" E C5 300.00' 135.95' N 74°57'11" E 134.76 C6 600.00' 80.29' S 77°40'06" W 80.23' L6 33.33' N 06°23'10" E C7 600.00' 67.34' en S 84°43'02" W 67.31' L7 13.96 S 08°33 39 E Sheet 1 of 2 Client: Micheal Vincent Homes 1" = 60' P.U.&D.E.= Public Utility & MICHEL C. ENSALACO P.L.S. 2765 EXP. 1 1/30/2012 Drainage Easement ERIC C. POKORNY P.L.S. 381 S EXP. 1 1/30/2012 Book#: NB I Drawn BY:PM.ME Plat#:11307 P.U.E.= Public Utility Easement Reference: Field Work Completed: NA B.S.L. = Building Setback Line 0P P ur VF" y R ev.Dda Rev. °n PROFESSIONAL LAND SURVEYINO SERVICES SITE SURVEYINS, INC 1304 SUNSET AVENUE, SUITE E ProjWNumber: YORKVILLE, ILLINOIS 60560 PHONE 630-592-1309 FAX 630-592-6544 2012-0438 5urvcy i�valid ody If origins/_-cal b shown in red. PLAT OF VACATION OF FINAL PLAT OF PLANNED UNIT DEVELOPMENT SWANSON LANE ESTATES BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 7, EST OF THE THIRD PRINCIPAL MERIDIAN, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS OWNER'S CERTIFICATE CITY COUNCIL CERTIFICATE SBC AMERITECH, THEIR SUCCESSORS AND ASSIGNS: State of ILLINOIS ) State of ILLINOIS ) SS ) SS ACCEPTED AND APPROVED THIS ____ DAY OF ---------------------- 2012 County of KENDAL ) County of KENDAL ) -------------------------------------------------------------- This is to certify that the Stephen Gary Ciampi Irrevocable Trust, is the record Approved and Accepted by the Mayor and City council of the United City of Signature Please Print Name and Title owner of the property described in the Surveyor's Certificate affixed hereon, and do Yorkville, Illinois, this _____ day of _____________________, 2012. hereby consent to the Vacation of the Final Plat of Planned Unit Development SWANSON LANE ESTATES. -------------------------------- NICOR THEIR SUCCESSORS AND ASSIGNS: City Clerk Dated at ------------------ _____________ this ___ day of (Town) (State) ACCEPTED AND APPROVED THIS DAY OF , 2012 ------------------ 2012. -------------------------------------------------------------- Signature Please Print Name and Title ----------------------------------------------------- Signature ------------------------ -------------------------- Print Name Print Title COMED, THEIR SUCCESSORS AND ASSIGNS: Address: --------------------------- ACCEPTED AND APPROVED THIS DAY OF 2012 --------------------------- CITY CLERK'S CERTIFICATE ) -------------------------------------------------------------- NOTARY'S CERTIFICATE State of ILLINOIS SS Signature Please Print Name and Title State of ILLINOIS ) County of KENDAL ) ) SS County of _______ ) Approved and Accepted by the Mayor and City council of the United City of I, the undersigned, a Notary Public in and for said County and State, do hereby Yorkville, Illinois, by Ordinance No. ------------------ at a meeting held this JONES INTERCABLE, THEIR SUCCESSORS AND ASSIGNS: certify that the foregoing signatory on the Owner's Certificate is personally known ----- day of ---------------------- 2012. to me to be the some person whose name is subscribed to the foregoing instrument, and that said individual appeared and delivered said instrument as a ACCEPTED AND APPROVED THIS ---- DAY OF ---------------------, 2012 free and voluntary act for the uses and purposes therein set forth in the aforesaid instrument -------------------------------- City Clerk -------------------------------------------------------------- Signature Please Print Name and Title Given under my hand and nostril seal this ___ day of -------- A.D., 2012. --------------------------------------------------- Notary Public Commission Expires CITY OF YORKVILLE, THEIR SUCCESSORS AND ASSIGNS: --------------------------------------------------- Please Print Name ACCEPTED AND APPROVED THIS ____ DAY OF ---------------------- 2012 COUNTY CLERK'S CERTIFICATE -------------------------------------------------------------- State of ILLINOIS ) Signature Please Print Name and Title ) SS County of KENDAL ) I, ------------------------------------ County Clerk of Kendall County, Illinois, do hereby certify that there are no delinquent general taxes, no unpaid current taxes, no unpaid forfeited taxes, and no redeemable tax sales against any of the land included in the plat hereon drown. I further certify that I have received all statutory fees in connection with the plat hereon drawn. Given under my Hand and Seal of the County Clerk at Yorkville, Illinois this _____ day of ---------------------- 2012. -------------------------------- County Clerk Sheet 2of2 SCALE 1" = 60' Gient: Michael vincent Homes P.U.&D.E.= Public Utility & MICHEL C. ENSALACO P.L.S. 2768 EXP. 1 1/30/ZO 1 Z Drainage Easement ERIC C. POKORNY P.L.S. 381 8 Exp. 1 1/30/ZO1 Z Book#: NB Drawn :PM.MEPIet :11307 Reference: P.U.E.= Public Utility Easement Field Work Completed: NA B.S.L. = Building Setback Line O� [AP-,,VF,YI N Rev.Date Rev.DeeMption PROFESSIONAL LAND SURVEYING SERVICES BITE BURVEYING, INC 1304 SUNSET AVENUE, SUITE E Project Number: YORKVILLE,ILLINOIS 60000 QQ PHONE 630-ROZ-1309 FAX 630-1392-15644 2012-0438 5wvcy 1�valid on/y If orlglnd xd 1,-,hmn In rekA July 18, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Swanson Lane Estates United City of Yorkville Kendall County, Illinois Ms. Barksdale-Noble, We are in receipt of the revised Plat of Vacation prepared by Todd Surveying for the above referenced project. Our review of these plans is to generally determine the plan's compliance with United City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. All comments from our July 9, 2012 review letter have been satisfactorily addressed. If you have any questions or require additional information please call our office. Respectfully submitted, ENGINEEFM.G ENTERPRISES, INC. Bradley P. anderson, P.E. Vice President BPS/jam PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk Ms. Dee Weinert, Building Department Administrative Assistant Mr. Gary Ciampi, Michael Vincent Homes JWF, EEI \\Milkyway\EEI_Storage\Docs\Public\Yorkville\2012\YO1226-DG Swanson Lane Estates\Docs\lcofy-plat review02.doc Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 • 1 466-6701 fax — www.eeiw'• • 200700001156 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL. ANDERSON STATE OF ILLINOIS ) 01-10-2007 At 09:45 am, ) ss ORDINANCE 83.00 COUNTY OF KENDALL ) RHSP Surcharge 10.01i ORDINANCE NO. 2005- y a AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF SWANSON LANE ESTATES WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS,the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE _t _ JOSEPH BESCO _ VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this l0 Day of C"� A.D. 2005. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this l2._ day of A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF SWANSON LANE ESTATES This Annexation and Planned Unit Development Agreement (hereinafter "Agreement"), is made and entered into this IC day of May, 2005 by and between the UNITED CITY OF YORK.VILLE, a municipal corporation, hereinafter referred to as CITY, and Gordon and Marcia Swanson hereinafter referred to as "OWNER/DEVELOPER. " WITNESSETH: WHEREAS, OWNER/DEVELOPER owns fee simple interest to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 14.96 acres, more or less (hereinafter "PROPERTY"); and which is depicted in the Final/Prelinunary Plat of Planned Unit Development (the "Final Plat") which is attached hereto and incorporated herein as Exhibit "B," and WHEREAS, the PROPERTY is contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; WHEREAS, a portion of the PROPERTY is classified as flood plain; and WHEREAS, the CITY and OWNEWDEVELOPER agree said Planned Unit Development as shown on the Final Plat consisting of a 6 lot subdivision with the Estate Class One Zoning Use shall be exclusively for a residential subdivision; and WHEREAS, it is the desire of CITY and OWNERIDEVELOPER to annex the PROPERTY and provide for the orderly development of the PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; as a Planned Unit Development establishing a unique open space character and to provide for the orderly flow of traffic in the development and to adjoining real property; and to provide rezoning to a Estate Class One Zoning Use; and WHEREAS, it is the desire of the CITY and OWNERIDEVELOPER to enter into this Agreement and facilitate development of the PROPERTY pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such Agreement; and 1 WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY and rezoning of the PROPERTY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to this Agreement all as required by the provisions of the CITY's Ordinances and Illinois Compiled Statutes; and WHEREAS, the OWNER/DEVELOPER and CITY agree that upon execution the this Agreement the subject PROPERTY shall be designated a Planned Unit Development with an Estate Class One Zoning Use; and WHEREAS, the OWNER/DEVELOPER agrees to make landscaping improvements consistent with the Landscaping Plan prepared by Don Halanika and Associates which is attached hereto as Exhibit "C" (the "Final Landscaping Plan"); and WHEREAS, the OWNER/DEVELOPER agrees to make certain engineering improvements consistent with the engineering plans prepared by Landmark Consulting, P.C. attached hereto as Exhibit "D" (the "Final Engineering," and together with the Final Plat and the Final Landscaping Plan, the "Final Plans"). WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all Ordinances and other documents that are necessary to accomplish the annexation and rezoning of the PROPERTY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: A. That the PROPERTY shall be annexed to the CITY and that the development of said property shall be consistent with the terms of this Agreement including the Final Plans. OWNER/DEVELOPER shall pay the fees set forth on Exhibit E. As a condition of approval of this Agreement and the recording of the Final Plat, OWNER/DEVELOPER shall permit the CITY Building and Zoning Department to inspect the PROPERTY to determine the improvements to be completed. B. OWNER/DEVELOPER, except to the extent varied by this Agreement, including the Exhibits hereto, agree that PROPERTY's development shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time of execution of this Agreement. No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and of Review 2 Fees Ordinance, and City Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks, performance standards, or other standards or requirements for this Development as set forth herein or as provided in the Ordinances in effect at the time of execution of the Agreement. Purchasers of individual lots with the Planned Unit Development, however, will be bound by changes in building codes, building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. The City agrees that should the United City of Yorkville revise, alter or otherwise modify the parking requirements contained in its Zoning Ordinance to provide for a reduction from the standard as of the date of this Agreement, the City will allow the OWNER/DEVELOPER to comply with reduced standard. C. Utilities and Public Improvements. That on-site infrastructure construction and engineering within the Planned Unit Development shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following, in which case this Agreement shall control, to wit: 1 . Roadway right-of -ways, widths of streets, and roadway construction standards shall comply with the requirements as set out on the Final Plans including specifically (but not to limit the totality of items shown on the Final Plat and Final Engineering) the following: ---Swanson Lane shall be a private road, and therefore lots shall not be required to abut a "public street"; ---The width of Swanson Lane will be narrower than required by City Ordinance; ---Swanson Lane shall not have sidewalks, or a paved trail; and ---Boomer Road shall be narrower than required by City Ordinance. Notwithstanding the foregoing, OWNER/DEVELOPER agrees that the CITY shall insepect the condition of Boomer Road at the time that the water main serving the PROPERTY is installed across and under Boomer Road. In the event that the CITY reasonably determines that Boomer Road does not have an adequate base, OWNER/DEVELOPER shall make additional improvements to the Roadway, including widening it to twenty (20) feet. To provide for the maintenance of Swanson Lane, the OWNERMEVELOPER shall record a Declaration of Covenants encumbering each lot with the financial obligation to maintain the entire road (both jointly and severally) and the Declaration will further provide that the Homeowners will agree to enter into a Special Service Area Agreement in a form acceptable to the City in the event that the Homeowner's Association fails to maintain the roadway. 2. SANITARY SEWER FACILITIES : OWNER/DEVELOPER shall not be required to connect to the sanitary sewer system adjacent to the PROPERTY, and shall be permitted to use septic fields or mechanical sewer systems for each residence upon engineering for same on a lot by lot analysis according to best standards for such systems, and giving primary consideration to the close proximity of Blackberry Creek for each system, and upon obtaining a license for each system from the Kendall County Health Department. OWNER/DEVELOPER acknowledges that CITY cannot issue a building permit until 3 a copy of the Kendall County Health Department permit is tendered. OWNER/DEVELOPER is hereby made responsible for notifying subsequent lot owners of this requirement. 3 . hl the event the CITY requires OWNER/DEVELOPER to oversize water mains, sanitary sewer mains, or storm sewer lines, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER/DEVELOPER before OWNER/DEVELOPER is required to perform any over sizing. 4. CITY acknowledges that no storm water detention will be required because sufficient open space and vegetation exist (or will be added pursuant to the Landscaping Plan) so that no detention facility shall be necessary. OWNER/DEVELOPER will conform with the landscape maintenance guidelines attached hereto as Exhibit F. 5. That off-site improvements for the provision of water and other utility and infrastructure services shall be provided by OWNER/DEVELOPER according to the City Subdivision Control Ordinance. After the installation of improvements by OWNER/DEVELOPER, the United City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. 6. OWNER/DEVELOPER and CITY agree that easements are necessary for off-site improvements to serve said property with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts, including condemnation, to assist the OWNER/DEVELOPER in the acquisition of easements or permission to use easements from Kendall Township, Kendall County, and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of OWNER/DEVELOPER. 7. Easements will be dedicated as shown on the Final Plat and Final Engineering and will vary from the subdivision code for lots bordering Blackberry Creek. The Swanson Lane ingress/egress easement shall also include additional easements for the installation and maintenance of public utilities. 8 . As depicted on the Final Plat, a Floodplain Management and Conservation Easement (the "Conservation Easement") will be dedicate on a portion of the PROPERTY. Development and construction of improvements within the Conservation Easement will prohibited as set for on the Final Plat. The Declaration of Covenants shall provide that the individual lot owners shall each have the rights to enforce the restrictions. In addition OWNER/DEVELOPER shall enter into an agreement with an independent third-party who will be granted enforcement rights. Such agreement will also provide that the third-party will do maintenance and preservation activities within the Conservation Easement. OWNER/DEVELOPER will obtain the consent of the CITY to any proposed third-party. The CITY bereby 4 consents to the OWNEWDEVELOPER entering into an agreement with either the Conservation Foundation or the Kendall County Forest Preserve District. D, Zoning 1 . Setbacks will be as shown on the Final Plat. 1 OWNER/DEVELOPER shall be allowed a maximum height of 35' which is in variance with the City ordinance which limits building height to 25 '. The additional height is consistent with the luxury homes which will be built on the site pursuant to the subdivision covenants which require a minimum home size of 2,500 square feet. E. The Planned Unit Development being approved, as part of this Agreement shall be constructed in substantial conformance with the Final Plans. Deviations from the characteristics of the Final Plat shall be allowed only if approved by majority vote of the City Council, or upon City Engineer's approval as to technical parts of the Final Engineering. The OWNER/DEVELOPER agrees that prior to the issuance of any building permit the site will conform to the CITY Landscape Plan and the CITY's Landscape Ordinance, except that no trees shall be required because of the heavily wooded nature of the PROPERTY. F. Approval of Final Plans. The Final Plans are hereby approved. OWNER/DEVELOPER shall cause the Final Plat to be duly recorded with the Kendall County Recorder's Office provided OWNERIDEVELOPER complies with applicable CITY regulations pertaining to (i) the payment of applicable fees to the CITY as provided for in this Agreement and (ii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. G. AMENDMENTS TO ORDINANCES_ All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Property and its development for a period of ten (10) years from the date of this Agreement except to the extent this would affect the United City of Yorkville ISO Insurance Policy in which case said changes would be applicable to OWNER/DEVELOPER 90 days after passage by the City Council, so long as said changes are applied uniformly throughout the City . Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said ten (10) year period. After said ten (10) year period, the Subject Property and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Subject Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non- conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any 5 superior governmental authority, such ordinance or regulation shall apply to the Subject Property and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given full force and effect. H. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER' s completion thereof in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as built plans. I. GENERAL PROVISIONS . Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER/DEVELOPER. and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER/DEVELOPER and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER/DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. Notices. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: United City of Yorkville Mayor Arthur F. Prochaska, Jr. 6 800 Game Farm Road Yorkville, IL 60560 With a Copy to: United City of Yorkville' s Attorney .Jolm ,Justin Wyeth Wyeth, Heitz & Bromberek 300 East Fifth Avenue, Suite 380 Naperville, IL 60560 If to the DEVELOPER/ OWNER: Gordon and Marcia Swanson Or to such other addresses as any party may from time to time designate in a written notice to the other parties. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5111 - 15. 1 -1 , et seq. , Illinois Compiled Statutes (2002). In the event any part or portion of this Agreement, or any provision, clause, word or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER/DEVELOPER. shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Property. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the Subject Property as to provisions applying exclusively thereto, without the consent of the owner of other portions of the Subject Property not affected by such Agreement. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNEWDEVELOPER to sell or convey all or any portion of the Subject Property, whether unproved or unimproved. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER/DEVELOPER, and their successors 7 or assigns, to develop the Subject Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. Term of Agreement. The term of this Agreement shall be for ten (10) years. In the event construction is commenced adthin said five year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNER. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement.. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at the expense of OWNER/DEVELOPER. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits. Nothing contained herein shall effect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, or Yorkville-Bristol Sanitary District. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Property, the CITY, the OWNER/DEVELOPER, including, but not limited to, county, state or federal regulatory bodies. A IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this 1—day of May, 2005. UNITED CITY OF YORKVILL,E, Kendall County, Illinois By: MAYOR. �L)CITY LERK OWNER/DEVELOPER By; f�i2 OFFICIAL SEAL ANNETfE WILLIAMS NOTARY PUBLIC-STATE OF ILLINOIS Attest: MY COMMISSION EXPIRES:12A3108 raw d�X Dated: //13%6 EXHIBITA Legal Description EXHIBIT B Final Plat EXHIBIT C Final Landscaping Plans EXHIBIT D Final Engineering // EXHIBIT E Statement of FeesV EXHIBIT F Landscape Maintenance Guidelinesw 0 i9 2004 10 : 43RM City of Yorkville 630 - 553 - 7575 P , 3 Exhibit A sI � -n2t9on THAT PART OF THE NORTH HALF' OF SECTION 21 , TOWNSHIP 37 NOR EAST OF T THIRD PRINCIl'AL MERIDIAN DESCRIBED AS FOLLOWS:$GINNING AT A POINT ON THE ORIGINAL, CE STATION ROAD AT THE NORTHWE3TT� LINE OF THE BRISTOL AND BRISTOL SUBDIVISION ACCORDING TO MOST CORNER OF ]BLACKBERRY CREEK 1988 AS DOCUMENT NO. 885104 PLAT THEREOF RECORD S SECONDS EAST ALONG SAID Op NORTH 06 DEGREES 30 M 00 2 DEGREES 23 MINUTES 10 ENTER LINE, 177.53 FEET; THE THEN NORTH 06 TO A POINT ON SECONDS EAST ALONG SAID ENTER LIlVE, NOR FEET KENDALL COUNTY SOUTH LINE OF "BLACKBERRY C NORTH 85 DEGREES ujANOIS" SUBDIVISION, EXTENDED NORTH, YORKVILLE, 11TNUTES 37 SECONDS EAST ALONG SSASQ�'SCE A DISTANCE OF 260. 19 FEET; THENCE SOUTH 06 DEGREES 23 WEST, PARALLEL WITH THE OR C MATES 10 SECONDS BRISTOL STATION ROAD, 208.30 FEET L� OF THE BRISTOL AND 03 SECONDS EAST, 225.40 FEET; THENCE NOR CS 6 DE 86 DEGREES 30 MINUTES SECONDS EAST, PARALLEL DEGREES 23 TO SAID SOUTH LINE OF BLACKBERRY NORTH' A DISTANCMINUTES 1 67 FEET NORTH 85 DEGREES 39 37 SECONDS URDIMION 39 DEGREES 28 DES 49 SECONDS THENCE DEGREES 45 Ib1DES 38 SECONDS EAST, 594.27 FEET- 14 TI FEET, THENCE 77OUTH JTES 22 SECONDS WEST, 44: FEET TOO TBE NOR FEET; THENCE SOUTH 12 DEGREES BLACKBERRY�S�K SUBDIVISION SOUTH 42 THERLY LINE OF SAID D ALONG SAID NORTHER�L CE SO DEGREE 46 MINUTES 03 EGRESS SS MINUTES .57 SECONDS WEST r•nv>:' 186.00 FEET; THENCE NORTH 83 FEET; THENCE NORTH 28 DEGREES OS `LONG SAID NORTHERLY LINE 127.0 56 SECONDS SECOND NORTHERLY LINE, 18 G FEET; THENCE MINUTES 89 DEGREES 30 ST ALONG SAID SECONDS WEST ALONG SAID NOR MINUTES 45 DEGREES 04 MINUTES 46 SECONDS WESTY Lam' 348.00 FEET, THENCE SOUTH 55 FEET; THENCE SOUTH 50 DEGREES 16 ALONG SAID NORTHERLY LINE, 508.00 NORTHERLY LINE 211 .00 FEETU7 ES 57 SECONDS WEST ALONG SAID SECONDS WEST ALONG SAID NORT�THERLYL LINE X2DEGREES T TO BEGINNING IN BRISTOL TOWN TIE p�Og�OF CONTAINING 13.752 ACRES. 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Q 1 E� a xl! 5z kIg'7P � no t s9 Pe 3 p 24� S'i yi w ` , ldaea $ k3➢ 2g19 '$@ �3a O n z3j r jj �p ePgaH a ,1 lQ � e3 a ha a 5 ff T 1� Z4 ps id jqyfiaR Z p ri § 9� A; FL ae 111 ,' ! ts �� set y § a 54p a o 'r "pd ga &� stl . 3 F i43 °5- , Sail§ l RIa13i� �� S§' I"�*� 3s 1919 °SS�s Upm g$ p PF 1. a. "8P Pe 3a: � 341 � i? �et •!'a��1383 ¢ i `.� � / � j� `a9� Pa � s3, j i3 §d a sx ; 3ad9 °4d „ --.�� r § a�AIR �l' �da ;51 ,j . dl�4 � 1 Ss:isly 54:a , iz?aSfela¢ EXHIBIT E SWANSON LANE ESTATES FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit $3,000 Separate Yorkville-Bristol Sanitary District fee - made payable to Y.B.S.D. $13400 United City of Yorkville Fees 1 . Building Permit Cost $650 plus $0.20 per square foot $650 + $0.20(SF) 2. Water Connection Fees SF and DU $2,660 2+ Bed Att N / A 3. Water Meter Cost Detached Units $250 Attached Units N / A 4. City Sewer Connection Fees $2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $150 Library $500 Parks & Recreation $50 Engineering $100 Bristol-Kendall Fire 1 000 Development Fees Total $2,800 8. Land Cash Fees Apartment Townhome Duplex Single Family Park N / A N / A N / A $3,000.00 School N / A N / A N / A $4,780 Land-Cash Fees Total $0.00 $0.00 $0.00 $73780.48 9. Road Contribution $2,000 10. Weather Warning Siren Fee $75/acre $1 ,098 $75 x 14.645 = $1 ,098 exo COUNTY OF KENDALL ) ) ss. STATE OF ILLINOIS ) SWANSON LANE ESTATES DECLARATION OF PROTECTIVE COVENANTS UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS Conditions, Covenants, Restrictions and Reservations affecting the property of: GORDON R. SWANSON and MARCIA R. SWANSON, Owners and Developers (hereinafter called "Owners/Developers") and all subsequent owners, their successors, heirs and assigns. THIS DECLARATION, made this 14th day of February, 2006, by Owners/Developers GORDON R. SWANSON and MARCIA R. SWANSON of the subject property; known as "SWANSON LANE ESTATES". WITNESSETH: WHEREAS, GORDON R. SWANSON and MARCIA R. SWANSON are the Owners/Developers of the real property described in Article I of this Declaration, and are desirous of subjecting said real property to the conditions, covenants, restrictions and reservations herein set forth, each of which is for the benefit of the developer and for said property, and which shall inure against and to the benefit of and pass with said property and each and every parcel thereof. NOW THEREFORE, Owners/Developers hereby declare that the real property described in Article I hereof is, and shall be, held, sold, transferred, conveyed and occupied subject to the conditions, covenants, restrictions, and reservations (hereinafter referred to collectively as "Covenants") herein set forth. ARTICLE I PROPERTY SUBJECT TO THIS DECLARATION The real property which is, and shall be held, sold, transferred, conveyed and occupied subject to the Covenants herein contained is located in the Subdivision of SWANSON LANE ESTATES and located in the United City of Yorkville, Kendall County, Illinois, and is more I particularly described as follows: to-wit: Lots 1 , 2, 3, 5 and 6 of S WANSON LANE ESTATES, the United City of Yorkville, Kendall County, Illinois. Further, Lot 4 of Swanson Lane Estates in the United City of Yorkville shall be subject to these covenants and the owner of the same shall sign and acknowledge the same. Additionally, the property owned by Michael Skopec located between Lot 1 and Lot 2 of Swanson Lane Estates shall be subject to and part of these covenants and association as acknowledged by the owner. The physical structures built and existing on Lot 4 and owned by Gordon and Marcia Swanson and the Skopec property are exempted from the requirements of Article IV as they pre-exist the effective date of these Covenants. ARTICLE II GENERAL PURPOSES OF THIS DECLARATION The real property in Article I hereof is subject to the covenants hereby declared to insure proper use and development of the subject property; to recoup advanced development costs; and to protect the owners of property herein against such use of surrounding lots as may depreciate the value of their property; in general to preserve the general welfare, health, safety and desirability of the land as a residential area. ARTICLE III DEFINITIONS The following words when used in this Declaration shall have the following meanings: I . ASSOCIATION: The Homeowner's Association for SWANSON LANE ESTATES, an Illinois not for profit corporation created and incorporated by the Declarants, or such other name as may be selected by the Declarants. A Homeowner's Association shall be set up with full powers to assess cost, fees, and dues as provided therein under the name "SWANSON LANE ESTATES HOMEOWNER' S ASSOCIATION", which shall encompass all dwelling units within the Subdivision being developed therein. 2. BASEMENT: A portion of a Dwelling Unit in which not less than two-thirds (2/3) of its floor to clear ceiling height is below the average grade of the adjoining ground at the front elevation. 3 . BOARD: The Board of Directors of the Association. 4. BUILDING: Any roofed structure intended for shelter, housing_, or enclosure of any person, animal or chattel. 5 . COMMITTEE: The Architectural Control Committee described in Article VI hereof. 2 6 . COUNTY: The County of Kendall, a body politic of the State of Illinois. 7. CITY: The United City of Yorkville, a body politic of the State of Illinois. 8 . DECLARANTS : GORDON R. SWANSON and MARCIA R. SWANSON as "Owners/Developers". 9. DECLARATION: This Declaration of Covenants, Conditions and Restrictions. 10. DEVELOPERS : GORDON R. SWANSON and MARCIA R. SWANSON or their successors. 11 . DWELLING UNIT: That portion of a single family dwelling. 12. FINAL PLAT: The final plats of subdivision for SWANSON LANE ESTATES will be recorded with the office of the Kendall County Recorder of Deeds upon passage, signature, and approval by the United City of Yorkville and all applicable governmental bodies. 13 . IMPROVEMENTS : The buildings, outbuildings, roads, driveways, pedestrian walkways, car parking areas, parking areas, outdoor lighting, fences, screening walls and barriers, retaining walls, stairs, decks, windbreaks, hedges, lawns, lakes, sidewalks, planted trees and shrubs, plantings, poles, signs, loading areas, storage areas, service yards, waste refuse disposal areas, and all other structures or landscaping improvements of every type and kind. 14. LIVING SPACE : The total interior square footage of a Dwelling Unit measured on a horizontal plane for each story, calculated by using the outside dimensions of such dwelling unit, exclusive of porches, garages, uninhabitable storage areas and basements. 15 . LOT: A subdivided lot located within the Subject Property as established pursuant to the Final Plat, or any portion of a subdivided lot established by legal division as a part of the Conveyance of a Dwelling Unit. 16. LOT OWNERSHIP : Fee simple ownership of a Lot. 17. MORTGAGE: Either a Mortgage or Deed of Trust creating a lien against a portion of the Property given to secure an obligation of an owner of any portion of the Property. 18 . OCCUPANT: A person or persons, other than owner, in possession of a dwelling unit. 19 . OWNER: A person or persons whose estates or interests, individually or collectively, at any time, constitute an aggregate fee simple ownership in a Lot. The word "Owner" shall also mean and refer to the Declarant as to any lot ownership, where title is held by the Declarant, or its nominee or agent. The word "Owner" shall not, however, notwithstanding any applicable provision of any mortgage, mean or refer to a mortgagee or any persons having interest in any lot ownership merely as security for the performance of an obligation unless and until such mortgagee or other holder of a security interest has acquired title pursuant to 3 foreclosure or by a deed in lieu of foreclosure. The word "Owner" shall include heirs or devises of a record owner who is deceased. 20. PERSON: A natural person, corporation, partnership, trustee or other legal capable of holding legal title to the real estate. 21 . SINGLE FAMILY DWELLING: Any building within the Subject Property consisting of a dwelling. 22. STORY: That portion of a building other than a basement included between a floor and the top surface of the next floor or roof above, except a space used exclusively for the housing of mechanical services of the building shall not be construed to be a story if access to such space may be had only for maintenance and such services. Except as provided for herein, a mezzanine floor shall be counted as a story when it covers over one-third of the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is twenty- four (24) feet or more. 23 . STRUCTURE: Anything constructed or erected on a Lot, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground. 24. SUBDIVISION PLAT: Any Final Plat of Subdivision of SWANSON LANE ESTATES, recorded in the office of the Recorder of Deeds of Kendall County, Illinois. 25 . SUBJECT PROPERTY: The real estate described in Article I being SWANSON LANE ESTATES. 26. TURNOVER: The date on which control of the Association is transferred from Owners/Developers and a title to Common Areas is transferred to the Association as provided for herein. 27. UNIT EXTERIOR: That portion of a Dwelling Unit consisting of the surfaces of the exterior walls, roofs and components, including without limitation shutters, window trim, siding, brickwork, gutters, fascia, doors, roofing and other elements thereof. 28 . VOTING MEMBERS : The Owner or person designated in writing to vote on behalf of a Lot Ownership pursuant to Section 5 of Article III of this Declaration. ARTICLE IV GENERAL RESTRICTIONS 1 . Land Use and Building Type: All lots covered hereby shall be used for single family, private residential purposes only, unless designated for other purposes on 4 the Final Plat. No gainful occupation or profession, or other non-residential use, shall be conducted on any lot(s) or in any building located on any lot(s). No noxious or offensive activity shall be carried on in or upon any premise, nor shall anything be done thereon which is or may be or become an annoyance or nuisance to the neighborhood. 2. Dwelling Size: All dwelling units constructed in S WANSON LANE ESTATES shall provide at a minimum the following square footage of finished living quarters, (exclusive of basement, garage or patio areas) : (a) One-story dwelling units: 3 ,000 square feet. (b) Two-story dwelling units: 4,000 square feet. (c) No dwelling unit shall exceed a height of thirty-five (35) feet from ground level. 3 . Architectural and Land Use Requirements and Restrictions : (a) Strict architectural controls - no two houses alike. (b) House exterior must be all masonry (brick) or natural stone. (c) No exterior aluminum or vinyl siding permitted; all exterior house design and placement on lot shall be subject to the approval of the Committee prior to construction. (d) Exterior of fireplace chase to be all masonry (brick) or natural stone. (e) No raised basement or split-level dwelling units will be permitted. (f) No three-story dwelling units will be permitted. (g) All dwelling units must have fully excavated basements. (h) Retaining walls, if any, to be approved by the Committee. (i) Lots are to be completely sodded or seeded. Landscaping, excluding sod/seed is required on each lot, along with parkway trees as set forth in subdivision landscape design. Above to lake place within six (6) months of final occupancy; and shall maintain a warranty for replacement of damaged or dead landscaping materials for one ( 1 ) year from the date of installation. (j ) No above ground swimming pools or free standing recreational equipment shall be permitted on any lot. No in-ground swimming pool shall be permitted on any lot except where adequate provisions have been made to prevent the same from becoming a hazard to the neighborhood. Any structure used to enclose any pool shall conform to the general restrictions, herein, applicable to the architecture of the main residence. No swimming pool shall be permitted without prior approval of the Committee. The construction of a swimming pool, as provided for herein, shall qualify as an exception to the total number of structures permitted on a lot under these Covenants. Owners/Developers shall not be liable for any injuries as a result of swimming pools located on any individual lot in said subdivision, nor shall the Owners/Developers of said subdivision be responsible for the failure of any subsequent owners of said land to take proper safety 5 precautions in preventing injury as to any swimming pool contained on any lot in said subdivision. (k) All fences must be approved by the Committee. No chain link, stockade or cyclone fences will be permitted. No full perimeter fencing will be permitted. (1) No recreational vehicles, trailers, boats, tractors, trucks, motorcycles, mobile homes, or other vehicles of any type whatsoever are to be parked, stored, or left unattended, permanently, or temporarily, on any of the lots, except in the garages on the lots; provided that the operable automobiles being used by the owners, occupants, and their invitees of the lots may be parked in the subdivision. (m) No commercial vehicles shall be parked habitually within the subdivision. "Commercial vehicles" shall include all forms of transportation which bear signs, or have printed on the same, reference to any commercial undertaking or enterprise. Habitually parked for purposes of these restrictions shall be defined as parked in said subdivision, not with a garage location thereon, for a period in excess of three (3) consecutive days. (n) No signs of any kind shall be displayed to the public view on any lot except (a) one sign of not more than two (2) square feet advertising the property for sale or such other dimension approved by the Committee, and (b) any and all signs used by Owners/Developers' Agent in connection with developing and advertising lots in SWANSON LANE ESTATES for sale. (o) No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot except that dogs, cats, or household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose. The maximum number of pets per household shall be limited to two (2). No household pets of any type whatsoever shall be kept, maintained, or housed anywhere on any of the lots except inside the dwelling. (p) No weeds, underbrush or unsightly growths shall be permitted to grow or remain upon any of the lots, except in areas subject to the Conservation Easement. In the event the lot is purchased and not built upon, the owner must keep said lot mowed so that grass and weeds do not exceed six (6) inches at any given time. Trash, garbage or other waste material shall be kept in sanitary containers which must be properly maintained. No trash, garbage or other waste containers shall be stored, kept or maintained anywhere except within the dwelling or the garages on each of the lots, except on such days as such trash is to be collected and removed. (q) No exterior television antennas, radio antennas, or lights of any type whatsoever shall be erected or installed and maintained, temporarily or permanently, except such antennas or lights which shall be erected or installed as approved by the Committee. Satellite dishes attached to the dwelling must be attached at the rear, for minimal visibility from the street. All television satellite dishes and their location must be approved by the Committee prior to installation. All approvals shall be in writing. (r) All exterior lighting must be approved by the Committee. All approvals shall be in writing. 6 4. Easements : (a) Each of said lots in said subdivision is subject to permanent easements for installations and maintenance of utilities and for drainage facilities, and the same are reserved as shown, or otherwise noted, on the recorded plat. Within such easement, no structures, buildings, planting or other material shall be erected, planted or stored where the same may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels in said easements. The easement area in each lot shall be maintained by the owner of said lot except for such improvements installed and maintained by public authority or a public utility. (b) No builder or owner shall in any way allow or do any filling or alteration of the drainage easements shown on the plat recorded of said subdivision, nor shall any structure be built thereon. (c) No owner or occupant or their agents and employees shall alter, modify, fill-in or otherwise change the detention and retention areas indicated on the Final Plat of Subdivision, without prior written consent of the United City of Yorkville. (d) No owner or occupant or their agents and employees shall modify the terrain, plantings, or live trees within areas of the Subdivision impressed and subject to the Conservation Easement without prior written consent of the Homeowner's Association, and the consent of the Kendall County Forest Preserve as the enforcement agency on said Conservation Easement. 5 . Utilities`. Any utility lines on property shall be installed underground. 6. Temporary Structures : No structure of a temporary character, trailer, incomplete building, tent, shack, garage, barn, basement or other outbuildings shall be used on any lot at any time as a residence, either temporarily or permanently. Temporary buildings or structures used in the construction of any dwelling shall be removed immediately upon the completion of such construction. 7. Garages and Driveways: Access driveways and other areas for vehicular use shall be erected and maintained on every lot. Entrances for each driveway shall be located where shown on the final engineering of the subdivision and subject to written approval by the Committee, and subject to approval by the Kendall County Highway Department. Each lot shall contain at least one attached enclosed garage with not less than three (3) parking spaces therein. Adequate off-street parking spaces shall be provided by the owner of each individual lot to avoid any habitual use of on-street parking, but shall not count toward fulfilling the off-street parking requirements as stipulated in the United City of Yorkville Zoning Ordinance. Said driveway approach and driveway shall be paved, bricked, or surfaced with asphalt, concrete or paving block in such manner as to prevent erosion. All plans and specifications for driveways, parking areas, culverts and pavement edging or 7 markers must be approved in writing by the Architectural Control Committee. A hard surface driveway of asphalt, concrete, brick or paver block shall be installed by the builder or homeowner within one ( 1 ) year of the date of the first occupancy permit being issued for each lot, at the expense of each respective homeowner. 8 . Outbuildings: No detached outbuildings may be erected on any of the lots. 9. Plant Diseases or Noxious Insects: No plants or seeds, or other things or conditions harboring or breeding infectious plants, plant diseases or noxious insects shall be introduced upon any lot or portion thereof. Owner of an unoccupied lot must keep said lot mowed so that grass and weeds do not exceed six (6) inches at any given time. If said lot is not mowed, either the Developer or the Homeowner' s Association may obtain the services of a mowing contractor at lot owner' s expense. 10 . Garbage and Refuse Disposal: Garbage or refuse shall be kept in sanitary containers and stored within the garage or dwelling except on designated days for garbage removal. Garbage or refuse shall not be allowed to accumulate and shall be regularly removed from the property. 11 . Occupancy: No dwelling may be occupied until the exterior thereof shall have been completely finished, including paint or equivalent type of coating on all exterior paintable or coatable surfaces. Driveway approaches and driveways must also be complete at such time. These provisions may be waived at the discretion of the Architectural Control Committee. Occupancy shall further be subject to the issuance of a final Occupancy Permit by the United City of Yorkville. 11 Upkeep and Repair: Each lot and each structure on said lot shall at all times be kept up and maintained in good condition and repair. The Association may seek Injunctive Relief and . recovery of Attorney' s costs to enforce any Covenants contained herein from a defaulting lot owner or occupant thereof. ARTICLE V SANITARY WASTE DISPOSAL SYSTEM INDIVIDUAL SEWAGE DISPOSAL AND TREATMENT SYSTEM I . The owner of each lot on which a dwelling is constructed is responsible, at his own expense, for his own sewage treatment disposal system, which must conform in every detail and construction to the applicable standards of the "Private Sewage Disposal Licensing Act and Code", State of Illinois Department of Health, 1974, or the latest revision thereof. The work and construction shall also conform to the applicable Kendall County Health Department regulations. 2 . Only mechanical jet septic systems with underground lateral fields will be permitted. Each individual sewage disposal system shall be installed by a 8 contractor properly licensed in accordance with state and county standards, and inspected and serviced at intervals provided and required by applicable state and county statutes, ordinances and regulations. Each owner who uses a mechanical septic system shall have in full force and effect at all times, a service agreement with a reputable company providing for the proper and required servicing and maintenance of such system. And each such owner shall insure that the mechanical septic system is in good working order at all times. The Owners/Developers or Homeowner' s Association may take action to secure the services of a contractor to bring any septic system in compliance with the Illinois Public Health Code and Ordinances of the United City of Yorkville, if found to be in violation. Any costs incurred, plus interest at 9% per annum may be charged against the subject property, or a lien filed in favor of Owners/Developers for the cost of recovery thereof. ARTICLE VI ARCHITECTURAL CONTROL COMMITTEE 1 . -FJpe^ sale ;°r,Theie is hereby created an Architectural Control Committee, consisting of three (3) persons. Control of the Architectural Control Committee shall immediately vest in the association. .- 11"A"llq 111e A ight to e :QwReFs/Dp Plopers, and their s ,r • Bd Rssigfis by •ty t OiAinp"Meyei rers' right in appoint ond thg FARM - Gfs- - efH G m ttee Shall ceasE Lipn[3_tl]P�1rl�?r of the fnI1 �L_�(a) mn calP of caventy f__i�_(75° ) ��i/ ton; or o Wleffse (3) ygars f tLe di r f i;cGoi;dips thpga coltepantg Not 1A rh 4a]44i .� r -(iii-he—cigb�te apgP nt the mPmher¢ of tht' Arrh 1 r i r" �t-� � (' - -mot*°� ei er 2 . No improvement shall be constructed or placed on any Lot until final plans and specifications showing the site plan, all improvements, all permanent signs, all exterior elevations with materials and colors therefore, and all sidewalks, trees and landscaping on the lot and the adjacent parkway, shall have been submitted to and approved in writing by the Committee. Such final plans and specifications shall be submitted in writing in triplicate over the authorized signature of the Owner of the Lot. Changes in approved plans and specifications, or subsequent alterations, which materially affect building size, placement or external appearance must be similarly submitted to and approved by the Committee. No lot owner, developer, or contractor of a lot owner shall seek the issuance of a United City of Yorkville Building Permit without an Architectural and Site Approval Letter from the Committee authorizing the issuance of a building permit based upon compliance 9 with these Covenants, and approving the site plan as to location of the proposed house, septic site, utility connections, and driveway location in conformance with all Kendall County and Illinois Public Health Code Regulations. 3 . The Committee shall have the right to disapprove plans and specifications submitted to it in the event the same are not in accordance with this Declaration, or if the plans and specifications submitted are incomplete, or in the event the Committee deems the plans and specifications, or any part thereof, to be contrary to the best interests of the Owners. In this connection, the Committee may base its approval or disapproval on, among other things, the adequacy of lot dimension, conformity and harmony of external design with neighboring structures, relation of topography, grade and finish ground elevation of the lot being improved to that of the neighboring sites, proper facing of main elevation with respect to nearby streets, adequacy of screening of mechanical, air conditioning and rooftop installations, and conformity of the plans and specifications to the purpose and general plan and intent of the Declaration. The decision of the Committee shall be final, but the Committee shall not arbitrarily or unreasonably withhold its approval of such plans and specifications. 4. The Committee shall either approve or disapprove within thirty (30) days after the plans, specifications, documents or other requests have been submitted to it. Any disapproval shall set forth the reason for such disapproval. 5 . Upon obtaining the approval of the Committee, the Owners shall, as soon as practical, proceed diligently with the commencement of construction within sixty (60) days after approval of the Plans by the Committee; and completion of all approved construction, placement and alterations within one hundred eighty ( 180) days weather permitting of the start of construction. 6. This Declaration is designed to complement all governmental laws, ordinances, rules and regulations. Where any conflict exists between any provision of the Declaration and any provision of governmental laws, ordinances, rules or regulations, the legally valid provision which contains the most rigid or restrictive requirements for use and development of the property shall control. 7. Neither the Committee, the Owners/Developers nor any member, employee or agent thereof, shall be liable to any Owners, or to anyone submitting plans for approval, or to any person, by reason of good faith exercise ofjudgment or mistake or nonfeasance arising out of or in connection with the approval, disapproval or failure to approve any such plans for any other action in connection with its or their duties hereunder. 10 ARTICLE VII THE ASSOCIATION COVENANTS FOR MAINTENANCE ASSESSMENTS, CREATIONS OF LIENS AND OBLIGATIONS 1 . The Association has been formed for the purpose of, and shall have the power: (a) to provide for the selection of members to serve on the Committee, after the period when the Developers have the right to make such selections; (b) to provide for the enforcement of the provisions of this Declaration; and (c) to pay all taxes and other costs and expenses incident to and insuring the Lot Owners, the Association and its Board against such risks as the Board may in its discretion deem appropriate; and (d) in general to maintain and promote the character of the SWANSON LANE ESTATES . 2. Every Owner of a Lot shall be a member of the Homeowner' s Association. Membership shall be appurtenant to and may not be separated from ownership of any lot. Ownership of a lot shall be the sole qualification for membership. Each lot shall be entitled to one vote only despite multiple ownership of a particular lot. 3 . The Homeowner's Association shall have one class of membership and each member shall have one vote to the number of lots such Owner owns, provided that in no event shall the votes cast with respect to any lot be cast by more than one person. If more than one person is the record owner of any lot, or any Owner is a trustee, corporation, partnership or other legal entity, the votes for such lot, shall be exercised by such person as such owner or Owners of that Lot shall designate. Such designation shall be made in writing to the Board or in such other manner as the Board may determine. 4. The Homeowner's Association shall be governed by a Board of Directors comprised of three (3) persons, or such greater number as may be provided in the By-Laws of the Association, who shall be appointed or elected as provided herein or in such By-Laws. / 5 . Notwithstanding anything in this Declaration or the By-Laws of the Association to q the contrary, the first and each subsequent Board of the Association shall be elected by the members at a meeting called by the President of the Association, -iq-the z40' or by any three (3) members. Such meeting shall be called by notice sent pursuant to the By-Laws of the Association. 6. Neither the directors nor the officers of the Association shall be personally liable to the Owners or the Association for any mistake of judgment or for any other acts or omissions of any nature whatsoever as such directors or officers except for any acts or omissions found by a court to constitute gross negligence or fraud. The Association shall indemnify and hold harmless the directors and officers, their heirs 11 and legal representatives, against all contractual and other liabilities to others arising out of contracts made by, or other acts of the directors and officers on behalf of, the Owners or the Association or arising out of their status as directors or officers unless any such contract or act shall have been made fraudulently or with gross negligence. The foregoing indemnification against all costs and expenses (including, but not limited to, attorneys' fees, amounts of judgments paid and amounts paid in settlement) actually and reasonably incurred in connection with the defense of any claim, action, suit or proceeding, whether civil, criminal, administrative or other, in which any such director or officer may be involved by virtue of being or having been such director or officer; provided, however, that such indemnity shall not be operative with respect to; (a) any matter as to which such person shall have finally been adjudged in such action, suit or proceeding to be 1 iable for gross negligence or fraud in the performance of his duties as such director or officer; or (b) any matter settled or compromised, unless, in the opinion of independent counsel selected by or in a manner determined by the Board, there is not reasonable ground for such person being adjudged liable for gross negligence or fraud in the performance of his duties as such director or officer. 7. Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be expressed in such deed, covenants and agrees to pay to the Association for the purposes stated in Article I, V, VI, VII and VIII annual assessments and special assessments. The annual and special assessments, together with interest, costs and reasonable attorneys' fees in the event of failure of the Owner to pay the assessments as provided for herein, shall be a charge on the land and shall be a continuing lien on the Lot against which each such assessment is made except for those lots owned by Owner/Developers; the Owners/Developers shall not be obligated to pay any such annual or special assessments. 8 . The annual assessment levied by the Association shall be used exclusively for purposes described in this Declaration, reasonable management fees levied thereon, (excluding to Owners/Developers) for lots not built upon by Owners/Developers only, reasonable expenses, including professional or other services incident to the operation and management of the Committee and Association, and for liability insurance for Common Areas. 10. In the event of failure of any Owner to pay any assessment charges, or if Owner is found in breach of any covenant, on or before thirty (30) days following notice to the Owner such assessment or the scheduled due date thereof, if later, then such assessment shall become delinquent and shall bear interest at the rate equal to two percent (2 %) over the prime rate announced by Wall Street Journal, from the due date thereof to the date of payment, not in excess of legally chargeable interest by law and the Association shall have a lien on each Lot against which such assessment is levied to secure payment thereof, plus interest costs and reasonable attorneys' fees. When delinquent, payment of both principal and interest may thereafter be enforced against the Owner personally, or as a lien on said real estate. The Association may, at its discretion, file certificates of nonpayment of 12 assessments in the Office of the Recorder of Deeds whenever any such assessments are delinquent. 11 . Initial Reserve Contribution: The Association hereby assesses an initial contribution of $ 1 ,000.00 per lot at time of execution hereof to establish initial reserve. Said contribution shall be paid in addition to any other cost assessed herein. 12. Any owner, developer, or other party found to be in default hereunder shall be required to reimburse the Association or any other successful moving party for all costs, including reasonable attorney's fees, for reasons of enforcement of any Covenants contained herein. ARTICLE VIII OTHER PROVISIONS 1 . The covenants, conditions and restrictions created by this Declaration shall attach to and run with the Property and shall be binding on every Person, successor, heirs and assigns of each party hereto who may hereafter come into ownership, occupancy or possession of any portion of the Property. This Declaration benefits and burdens only the land described in this Declaration, and there is no intention to benefit any persons other than those having an interest in the Property. The existence of easement rights or covenant benefits in persons not owning land or not having an interest in land shall not confer on any such person any right whatever to enforce the covenants, conditions and restrictions hereby created. 2. This Declaration, any provisions thereof, or any covenant, condition or restriction contained herein, may be terminated, extended, modified or amended, as to the whole of the Property or any portion thereof by the Board; provided that such change is approved by the Owners of sixty-six percent (66%) or more of the Property. No such termination, extension, modification or amendment shall be effective until a proper instrument in writing has been executed, acknowledged and recorded in the Office of the Recorder of Deeds of Kendall County, Illinois. Owners/Developers agree that the Covenants shall not be modified without prior approval of the United City of Yorkville, said approval not to be unreasonably withheld as to matters which do not involve public health, or safety. However, the exemption provisions in Article I as relates to Lot 4 and the Skopec Lot and paragraphs I 1 - 14 of Article VIII may not be changed as they affect Lot 4 and the Skopec Lot without the consent of the owners of Lot 4 and/or the Skopec Lot. 13 3 . The results of every action or omission whereby any covenant, condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance. Every remedy either public or private, available by law or equity against an Owner or occupant of any lot in the Property shall be applicable against such nuisance and may be enforced by the Association or by any Owner. 4. The failure of the Homeowner' s Association or any Owner to enforce any provision herein contained shall in no event be deemed to be a waiver of the right to do so thereafter nor of the right to enforce any other provision. 5 . If any Owner defaults by failure to comply with the provisions of this Declaration, the Association may give written notice to the Owner specifying the manner in which the Owner has defaulted. If the Owner does not cure the default within twenty (20) days after notice (or if the default cannot be cured within such twenty (20) day period, if the Owner has not commenced to cure within such period and thereafter diligently proceeds) the Association, or its agents, may enter upon the Lot and do such work as is required to cure the default. Neither the Association nor its agents shall, by reason of entering or performing any work to cure the default, be liable to the Owner for any losses or damages thereby sustained by the Owner or by anyone claiming by or under the Owner. The cost, including reasonable administrative expenses incurred by the Association in order to cure such default, shall be paid for by the Owner. The obligation to pay for such costs shall be a charge on the land and be a continuing lien on the Lot owned by such defaulting Owner. 6. Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property, or any right to possess or occupy any premises situated therein, is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired such interest or right. 7 . All covenants, liens, and other provisions herein set forth shall be subject to and subordinate to all mortgages now or hereafter executed, encumbering any of the property, and none of said covenants, liens or other provisions shall supersede or in any way reduce the security or affect the validity of any such mortgage. However, if any portion of the property acquired in lieu of foreclosure, or under the provisions of any deed of trust in the nature of a mortgage, or sold under foreclosure of any mortgage, or under anyjudicial sale, any purchaser at such sale, his or its grantees, heirs, personal representatives, successors or assigns shall hold any such portion of the property subject to all the covenants, liens and other provisions of this Declaration. 14 8. The Committee, by the written consent of all the members thereof, is hereby authorized and empowered to grant reasonable variances from the provisions of this Declaration, or any portion hereof, in order to overcome practical difficulties and to prevent unnecessary hardship in the application of the provisions contained herein; provided, however, that said variances shall not materially injure any of the Property or improvements within the Property, and shall otherwise be subject to all applicable laws, ordinances, rules and regulations of any governmental agency or political subdivision having jurisdiction over the Property. No variance granted pursuant to the authority granted herein shall constitute a waiver of any provision of this Declaration as applied to any other person, owner or site. 9. If any provision of this Declaration is held to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions hereof. 10. Each Owner of a Lot in the SWANSON LANE ESTATES shall file the correct mailing address of such Owner with the Homeowner's Association and shall notify the Homeowner' s Association promptly in writing of any subsequent change of address. The Homeowner' s Association shall maintain a file of such addresses and make the same available to appropriate parties. A written or printed notice, deposited in the United States Post Office, postage prepaid, and addressed to any Owner at the last address filed by such Owner with the Association shall be sufficient and proper notice to such Owner wherever notices are required in this Declaration, and shall be deemed delivered three (3) days after mailed. 11 . During the construction and installation of the road, Lot 4 shall be granted a manner of ingress and egress. Should the existing lawn on Lot 4 be damaged during the construction process, the owners of Lots 1 , 2, 3 , 5 and 6 will repair and reseed the same. 12 . The owner of Lot 2 will, in his reasonable discretion, landscape the north- east corner of Lot 2 so as to conceal an existing above ground pool . 13 . Should the owners of Lots 1 , 2, 3 , 5 and 6 enclose the development by fencing or landscaping, the Owner of Lot 4 shall have the right to extend said fencing or landscaping across the east side of Lot 4 at the Owner' s expense. 14 . The Owner of Lot 4 has prepared grading plans for the road and had the same approved by the City of Yorkville. Should the Owner desire to change said grading plans, for drainage purposes, it shall be done at the Owners expense and the Owner' s obligation to obtain approval by the City of Yorkville. 15 ARTICLE IX WATER SUPPLY Each lot owner shall be required to connect to the United City of Yorkville water system. ARTICLE X CITY ORDINANCES 1 . All provisions of the United City of Yorkville Storm Water Control Ordinance shall be complied with and are herein adopted by reference as if more fully set out herein. 2. Each individual lot owner shall pay any land cash contribution and/or school transition and city development fees or other fees imposed by the United City of Yorkville, at the time a building permit is applied for; each lot owner agrees to hold Owners/Developers harmless and indemnifies said Developer for any such fees to be charged. ARTICLE XI GENERAL PROVISIONS 1 . Duration of Declaration: Each of the Covenants set forth herein shall continue and be binding for an initial period of twenty-five years (25) from the date of this Declaration, during which period they may be altered or amended, as provided in Article XI, Section 7, herein, and thereafter for successive periods often years each, but subject to amendment. 2. Applicability of Covenants: The Covenants herein set forth herein shall continue and be binding upon Developers, their successors, grantees, and assigns and all subsequent owners, their successors, grantees, heirs and assigns. Any owner of the above lots shall have the right from time to time, to sue, jointly or severally, to obtain a prohibitive or mandatory injunction to prevent a breach or enforce theobservance of any or all of the covenants contained herein. 3 . Enforcement shall be by proceeding in law or in equity against any persons violating or attempting to violate any covenants either to restrain violation or to recover damages. 4. Invalidation of any one of these covenants by judgment or court shall in nowise effect any of the provision which shall remain in full force and effect. 5 . Duty of Owners/Developers: The duty of the Owners/Developers to enforce any covenant herein contained shall be discretionary, and the Owner/Developer shall incur no liability for failing to 16 o8/ 07 /00 15 : 21 FAX 0/ 002/005 Enforce said covenants. The Owners/Developers may at any time elect to enforce any and all of the covenants hereintofore set out and the failure to enforce any of said covenants at any time shall act as a waiver of the authority granted herein. 6. The Owner/Developers shall incur no liability for the maintenance, design or construction of any home or structure on any lot located within said subdivision. 7. Amendment: This Declaration may be modified so long as three-fourths (3/4) of the owners of real property in S WANSON LANE ESTATES consent thereof in writing, and provided further that such amendment(s) be duly recorded with the recorder of Deeds of Kendall County, Illinois. For the purpose of this provision, each lot shall be entitled to only one vote, whether a lot be owned by one individual or jointly with another. Section 8 of this Declaration shall not be amended without the approval of the City of Yorkville. 8_ It shall be the obligation of the Association to maintain the Conservation Area which is on future Lot 6 (Plat of Survey attached as Exhibit E) in accordance with Bxhibit A, attached hereto in perpetuity. Any costs incurred by the City of Yorkville to enforce the terms of the easement shall be reimbursed by the Association within 60 days of receipt of an invoice. The City of Yorkville may assign its oversight and enforcement rights. The City of Yorkville shall not perform any work without first providing the Association with written notice and a 14-day period to cure the complaints. No modification of said covenants shall be allowed, whether by majority or ana„imnus vote of the homeowner's affected therein, of any drainage easement, Conservation Easement, detention area, condition enforcing upkeep and maintenance of mechanical septic system, or other covenant contained herein which shall affect public health or safety enforcement, without approval of the County of Kendall- IN WITNESS WHEREOF, Owners/Developers have executed the within Declaration the day and year first above written. OWNERS/DEVELOPERS Dated o _ BY: � f' `G y ?'IO%i �G GAG . STEPHEN GARY CIAWL Owner of 60RDON SW SOI T Ov)ner, Lot 4 of Lots 1, 2, 3, 5 & 6 of Swanson Lane Estates Sw on Lane Estates BY: 'C MARCIA SWANSON, Owner Lot 4 of 5wa on Lane Es tct� s Attest Dated: M[CHAE SKOPEC, Owner property between Lot 1 and Lot 2 of Swanson Lane Estates enforce said covenants. The Owners/Developers may at any time elect to enforce any and all of the covenants hereintofore set out, and the failure to enforce any of said covenants at any time shall act as a waiver of the authority granted herein. 6. The Owners/Developers shall incur no liability for the maintenance, design or construction of any home or structure on any lot located within said subdivision. 7. Amendment: This Declaration may be modified so long as three-fourths (3/4) of the owners of real property in SWANSON LANE ESTATES consent thereof in writing, and provided further that such amendment(s) be duly recorded with the Recorder of Deeds of Kendall County, Illinois. For the purpose of this provision, each lot shall be entitled to only one vote, whether a lot be owned by one individual or jointly with another. Section 8 of this Declaration shall not be amended without the approval of the City of Yorkville. . No modification of said cover anTs shall be`allowed;whether ny majorify or unanimous vote of the homeowner's affected therein, of any drainage easement, Conservation Easement, detention area, condition enforcing upkeep and maintenance of mechanical septic system, or other covenant contained herein which shall affect public health or safety enforcement, without approval of the County of Kendall . 8 . It shall be . the obligation of the Association to maintain the Conservation Area in accordance with Exhibit A , attached hereto in perpetuity. Any costs ,ncurr ^t cC ocigition t � c g e�t of thl an nvnt shwll j' n soci ion wi e s ecei o an dnvoice . IN WITNESS wn rs eve opers ave execute the wrt in ec araUOn t e day an year first above written. : **The City of Yorkville may assign its oversight and enforcement rights . OWNERSIDEVELOPERS : Dated : :, elo Dated: 66 r �sanEa c Pi grnvi C v �� c Gordon Swanson, pwner, Lot 4 of Swanson La/nee Estates BY : Marcia Swanson, Owner, Lot 4 of Swanson Lane Estates Attest : Dated : Michael Skopec, owner property bemeen Lot 1 and Lot 2 of Swanson Lane Estates 17 EXHIBIT A CONSERVATION AREA MAINTENANCE AND MANAGEMENT REQUIREMENTS AND GUIDELINES General Notes These criteria are intended to apply to the new seeded areas and flood plain management and conservation easement areas within the Swanson Lane Estates. The purpose is to ensure that the overall design intent for these areas is achieved and maintained, particularly during the initial plant establishment period. The design intent is to provide an aesthetic, healthy, diverse community of native vegetation to meet the objectives of soil stabilization, storm water treatment, and wildlife habitat (where appropriate). Monitoring is required annually for a minimum period of three full growing seasons following planting. The purpose of this plan will be accomplished by the following actions : 1 . Development and implementation of an effective landscape/planting plan. 2. Routine site inspection and monitoring of planting success. 3 . Follow-up repair or re-seeding to meet performance criteria. 4. Routine monitoring and maintenance/remediation. 5 . Preparation of annual report documenting monitoring results and maintenance and remedial activities. In order to maximize the success of native planting:it is critical that, vegetation is selected based on its appropriateness to the expected soils and hydro logic regime, or wetness. Performance Criteria The project goal is to establish native landscapes that are functional, aesthetic, and cost-effective. The performance criteria for such landscapes need not be as rigorous as for federally authorized wetland mitigation projects or ecological restoration projects. In the seeded areas any erosion will be noted qualitatively during each site inspection. If rills or gullies are forming, or if a significant accumulation of sediment is collecting at the toe of the slope, remedial measures will be implemented immediately. If erosion is a problem, recommended management practices, such as spot dressing/repair, light mulching, and over- seeding shall be required. The success of natural landscaping in meeting the stated objectives can be affected by the appropriateness of the plan species selected, the quality of the seeds, and the adequacy of early maintenance. The success of the project will be formally evaluated by the following vegetation performance standards monitored over time. I " season: By the end of the first full growing season, the planted areas should have complete vegetation cover. No greater than 1 (one) square meter shall be devoid of vegetation. If, by the end of the first full growing season, the seeded area fails to support the information of sufficient vegetation, then corrective measures to the fundamental design of the area shall be required. 2nd season: During the second growing season, a minimum of 25 percent of the permanent species planted in seed should be evident. If this level of vegetation establishment fails to occur, a determination must be made as to why, and a remedial action plan shall be necessary. Remediation shall include over-seeding of appropriate species. Finally undesirable, invasive plant species shall not be prevalent. Specifically, none of the following shall be among the five most dominant plant species in the overall vegetation cover: Reed Canary Grass (Phalaris arundinacea) Common Reed (Phragmites australis) Purple Loosestrife (Lythrum salicaria) Buckthorn (Rhamnus spp.) Field Thistle (Cirsium arvense) Sweet Clover (Melilotus spp.) Honeysuckle (Lonicera spp.) Multiflora. Rose (Rose multiflora) Box Elder (Acer negundo) Sandbar Willow (Salix interior) Teasel (Dipsacus spp.) 3`d season: At the end of the third full growing season, a minimum of 65 percent of the seeded; permanent species are expected to be established. Commonly, if the planted species are not evident by the end of the third season, the likelihood of subsequent appearance is much reduced. Acceptable species defined as native to the region and not invasive (as listed in the native plant guide), shall provide at least two-thirds of the relative aerial coverage. Also, the five most dominant species of the overall vegetative cover shall not include any of the undesirable species listed above under the 2nd season performance standards. If the identified level of species development fails to occur, a determination must be made as to shy, and a remedial action plant must be prepared and submitted to the United City of Yorkville for approval. The approved remedial plan must be implemented and continued monitoring will be required beyond the third growing season until these performance criteria are met. Monitoring Guidelines The following individual tasks shall be performed to address the various parameters to be monitored. To describe the degree of success of the project, three principal assessment protocols are recommended. ( 1) a floristic inventory of the naturalized detention basins and bioswales to determine the extent to which species planted have become established and the extent of undesirable species; and (2) routine inspections to evaluate soil stability and other maintenance concerns. The two protocols shall be performed annually in late summer (August - September) 2 along with inspections to evaluate erosion and other maintenance concerns. Each protocol shall be performed for a minimum of three full growing seasons. 1 ) Floristic inventory of the seeded area shall determine overall vegetative cover, the total number of seeded species, and the prevalence of undesirable/invasive species, consistent with the specified "Performance Criteria". This inventory is critical to determine where follow-up seeding is needed and to identify, locate and remove undesirable plants on a yearly basis. 2) Routine reconnaissances to evaluate soil stability and other maintenance concerns: notation of areas and type of erosion (e.g. rills, gullies, slumping accumulation) shall be depicted on a site plan. An annual monitoring report will be submitted to the United City of Yorkville. This report will include the following items : A. Data on the status of vegetation, including an assessment of compliance with the performance criteria. B. A description of vegetation, including over-seeding replanting, and control of undesirable species, undertaken during the previous 12 months, and an assessment of their effectiveness in meeting the performance criteria. C. A discussion of erosion control and other maintenance activities undertaken during the previous 12 months. D. A discussion of planned maintenance activities for the coming year. Maintenance and Management Requirements and Guidelines Maintenance activities should be based, in part, on problems identified in the annual monitoring effort. Although specific maintenance and management considerations and performance of the project, standard management protocols should include the following measure. The management guidelines correspond to the initial vegetation establishment period, as well as recommended long-term procedures. I " season: Seeded area will be planted with a combination of native seed. Under normal weather conditions, the seeded plants, depending on the germination and growth characteristics os specific species, may require two or three years to become established. Control of undesirable plant species (as under "Performance Criteria"), shall be completed in a timely manner. Methods of control include hand pulling, mowing, spot herbicide application, or a combination of these methods. The appropriateness of a particular control method depends on the plant species present and their density or prevalence. Hand Pulling can be an effective method to control some undesirable species prior to the 3 development and maturity of the plants. This method is most feasible when plants are present in small quantities. Recognizing that the timing of plant removal can be important in controlling invasive species, hand pulling should include the removal of all aboveground and belowground stems, roots, and flower masses prior to the development of seeds. Care should be taken to disturb as little soils as possible during hand pulling to avoid exposure of additional weed seed in the soil layer. Mowing is a recommended management option to control undesirable upland species, especially if they persist over a large area. Mowing is recommended during the first growing season of approximately a monthly frequency, with the mower set to a height of about 8 inches. Mowing is effective in reducing the shading effect of undesirable species on slow-growing native species and in preventing undesirable spec (e.g. non-native clover) from going to seed. Under certain circumstances, selective herbiciding may be indicated. Systematic herbicides are generally used because they are absorbed through the plant tissues and work their way into the root system, effectively killing the plant. If by the end of the first full growing season there are significant failures in vegetation development such areas should be redesigned and replanted, as appropriate. 2"d season: during the second growing season, the native plant species will continue to develop root systems and it is anticipated that. many native species should be more apparent. Targeted herbiciding, hand pulling, or mowing may treat weed growth in the second season. The appropriate protocol should be determined in the field. 3'd season: by the third growing season, the native grasses, as well as many of the seeded forbs, should be relatively well established. Weed growth should be declining significantly, and control measures should be continued on an as-needed basis. The three (3) year warranty for the operation will be provided by the developer. The warranty period will begin after completion of all of the seeding operation and approval by the City of Yorkville. Prior to approval of the work by the City, the developer shall post an irrevocable letter of credit in favor of the City in the amount of 110% of the construction value of the seeding operation. The developer shall grant the City the right to draw on the security and the right to enter the property to complete the required work outlined in the maintenance and management guidelines. Maintenance including watering, mowing, weed control and burning shall be required to assist the prairie, wet prairie, wet/mesic prairie and the emergent planting in growth until all planting has matured. For three (3) years after initial installation, a minimum of four (4) site visits per year shall be conducted, one each during the months of May, June, July and September. During the site visit, -4- all noxious weeds shall be removed with an herbicide by "wicking application", hand seeding or mowing is appropriate. Any areas that are devoid of vegetation grater than one square yard in an area shall be re-seeded or plugged with temporary and permanent vegetation with species outlined in the original species list. A copy of the IEPA burn permit shall be filed with the City of Yorkville prior to the City issuing approval of the controlled burn. Long-Term Maintenance It is understood that the Swanson Lane Estates Homeowners Association will be the entity responsible for the long-term maintenance. Long-term maintenance should consist primarily of continued maintenance to provide a diverse native plant community; minimize the proliferation of weeds and undesired woody vegetation; minimize erosion of slopes and shorelines, and maintain reasonable creek flow. Long-term maintenance also shall include the removal of unsightly accumulation of trash or debris. -5- 08/ 07/ 08 15 : 21 FAX 0009/003 PLAT OF SURVEY w=N°�.o.X�. ,e,ay.a�mX:o:nr.mm�iae.e. man<i�..R,mnxbe.nXebainvcwanwa:._®saws wx..a.._Xar..aoa IGG f•9 Mii wmm_e:tlry(:iy.(ty_L.aannau.,TYmfMYU:®mXQ,MW. 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KinYile••�'� � � E41Phf ' lS STATE OF ILLINOIS ) )ss COUNTY OF KENDALL. ) RESOLUTION NO. 2005- n U RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR SWANSON LANE ESTATES WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Swanson Lane Estates Subdivision; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: The Final Plat of Subdivision for the Swanson Lane Estates Subdivision is approved as presented and all appropriate City officials are hereby authorized to execute same subject to staff and legal review and conditioned on adjustments consistent with the staff review. WANDA OHARE JOSEPH BESCO VALERIE BURD _ PAUL JAMES DEAN WOL,FER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this \1 Day of 0 Lki'-� A.D. 2005. v � MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this \ \ day oCp.SC"",:tt. A.D. 2005. (� ATTEST: t— ! CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Old Second Old Second Bank-Kane County October 31, 2006 Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Subdivision Name: Swanson Lane States, Yorkville, IL Irrevocable Letter of Credit No. 361000500 For the Account of: Stephen G. Ciampi Amount: $188, 884.85 Date: October 31, 2006 Gentlemen: The undersigned, Old Second Bank—Kane County, (Bank),by Edward Klemm, Vice President, its duly authorized agent, hereby establishes and issues this Irrevocable Letter of Credit in favor of the City of Yorkville (Cit}),in the amount of$188,884.85, which represents 110% of the cost of the public improvements described herein. Such Irrevocable Letter of Credit is available to be drawn upon by said City upon presentation to this Bank, at 37 S. River St., Aurora, IL 60506, Attn: Loan Servicing, of your demand for payment accompanied by the original of this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is issued for the purpose of securing and paying for the installment of the following public improvements in the aforesaid subdivision: Division "A"—Earthwork and Erosion Control (engineer's estimate=$ 2,612.5 0 Division "B" - Water Main (engineer's estimate= $ 78,575.00 ) Division "C" - Storm Sewer (engineer's estimate =$ 4,380.00) Division "D" - Pavement (engineer's estimate= $ 68,726.00 1 749 N.Main St.,Elburn,IL 60119-8018,630-365-6401 •40W422 Route 64,Wasco,IL 60183-0420,630-513-7774 1100 S.County Line Rd.,Maple Park,IL 60151-0218,815-827-3251•2S101 Harter Rd.,Kaneville,IL 60144-0090,630-557-2828 194 S.Main St.,Burlington,IL 60109-0307,847-683-3555•1810 DeKalb Ave.,Sycamore,IL 60178-3106,815-895-2377 1000A S.State St.,Hampshire,IL 60140-0489,847-683-0050 www.o2bancorp.com Member FDIC LENDER Irrevocable Letter of Credit No. 361000500 Steven G. Ciampi Page 2 Division "E"—Landscape Improvements (engineefs estimate= $ 14,500.00) Division "F"—NEsc. Improvements (engineer's estimate= $ 2,92 0.00 Total Engineer's Estimate= $ 171,713.50 The costs of the foregoing public improvements are detailed in the Engineer's Estimate of Cost prepared 06/28/05 and revised 09/13/06 by Kenneth R. Woods, Professional Engineer, and accepted and amended 10/17/06 by Joe Wywrot, City Engineer of the City of Yorkville, and attached as Exhibit A. The subdivision is legally described on attached Exhibit B. Said public improvements shall be constructed by Stephen G. Ciampi, (our`Customef'and `Ownef),in accordance with the plans, specifications, completion schedules and cost estimates prepared by Kenneth R. Woods, Professional Engineer. The Bank agrees that this Irrevocable Letter of Credit shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and cost estimates for said modifications. This Irrevocable Letter of Credit shall expired on October 31, 2007,provided, however, the Bank shall notify the City Clerk,by certified or registered main, return receipt request, or by overnight delivery, at least ninety(90) days prior to said expiration date, that this Irrevocable Letter of Credit is about to expire. In no event shall this Irrevocable Letter of Credit or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the Bank that the above expiration date shall be extended as required to comply with this notice provision. This Irrevocable Letter of Credit shall remain in effect until October 31, 2007, without regard to any default in payment of money owed to the Bank by our Customer and without regard to other claims which the Bank may have against our Customer, and in no event shall terminate without notice as specified above. This Irrevocable Letter of Credit may be renewed by the Bank by submitting a new Irrevocable Letter of Credit in the same form and substance as this Irrevocable Letter of Credit to the City Clerk in an amount equal to 110% or the estimated cost to complete and pay for the above described public improvements. Irrevocable Letter of Credit No. 361000500 Steven G. Ciampi Page 3 It is agreed that the following shall be considered a default by our customer and shall entitle the City of make demand on this Irrevocable Letter of Credit: 1. that this Irrevocable Letter of Credit will expire within thirty(30) days and has not been renewed; or 2. that the aforesaid public improvements have not been completed by the Owner at least thirty days prior to the aforesaid expiration date; or 3. that the Owner has failed to complete or carry on the work of the installation and construction of the required public improvements in accordance with the schedule, or at a faster pace if the installation of the private improvements shall be completed fore public improvements to service them are available; or 4. that the City has determined that the Owner has demonstrated that they will be unable to complete the public improvements; or 5. that the City has determined that the public improvements covered by this Irrevocable Letter of Credit have been or are likely to be the subject of liens or other claims by contractors, subcontractors, or third parties; or 6. that if more funds are disbursed at this time on order of the Owner and insufficient funds will remain irrevocably committed to guarantee the completion of all public improvements, and such certification indicates that the Owner has been notified that the City finds that a breach of the Owners obligation has occurred and has not been cured within a period of thirty(30) days. The BanWs obligation to the City is based solely on the Irrevocable Letter of Credit engagement between the Bank and the City and is not subject to instruction from our Customer. It is recognized that the City has directed our Customer to proceed with the construction of public improvements upon the guarantee of this Irrevocable Letter of Credit. It is further acknowledged that the consideration for this Irrevocable Letter of Credit is provided by agreements between this Bank and our Customer. This Irrevocable Letter of Credit sets forth in full the terms of this undertaking between the Bank and the City, and such undertakings shall not in any way be modified, amended, amplified,nor shall it be limited by reference to any documents, instrument or agreement referred to herein, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. Demand on this Irrevocable Letter of Credit shall be made by presenting the Bank with a letter from the City Clerk of the City of Yorkville demanding payment accompanied by the certificate of the City Clerk certifying the basis for the default and demand on this Irrevocable Letter of Credit. Irrevocable Letter of Credit No. 361000500 Steven G. Ciampi Page 4 The Bank agrees that this Irrevocable Letter of Credit shall not be reduced or discharged except upon receipt of a certificate from the City Clerk, certifying that this Irrevocable Letter of Credit may be reduced. The outstanding balance of this Irrevocable Letter of Credit shall be the face amount of this Irrevocable Letter of Credit less any amount which is discharged upon certification of the City Clerk; provided, however, the outstanding balance of this Irrevocable Letter of Credit shall not be reduced to less than 15% of the approved engineers estimate upon which this Irrevocable Letter of Credit is based until the City Council of the City of Yorkville accepts the aforementioned public improvements and a certificate of the City Clerk certifying that the Irrevocable Letter of Credit has been released by the City Council of the City of Yorkville. In respect to the written certification above, the Bank is authorized to accept the certification as binding and correct without investigation or responsibility for the accuracy, veracity, correctness or validity of the same or any part thereof. All acts, requirements and other preconditions for the issuance of this Irrevocable Letter of Credit have been completed. The Bank further agrees and engages that it will be responsible and liable for attorney fees and court costs which may be incurred by the City in enforcing collection of this Irrevocable Letter of Credit in accordance with its'terms. We hereby engage with you that all demands for payment made in conformity with the terms of this Irrevocable Letter of Credit will be duly honored on presentation to us prior to expiration of this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500. Old Second Bank—Kane County Edward Klemm Vice President EXHIBIT "A" ENGINEER'S ESTIMATE OF COST SWANSON LANE ESTATES Created 6-28-2005 - Revised 9-13-2005 ITEM UNIT QUANTITY UNIT COST COST Earthwork and Erosion Control Silt Fence LF 875 $1.50 $1,312.50 ROW Restoration & Sod Boomer Lane and Fairhaven SY 325 $4.00 $1,300.00 Water Main 8" Ductile Iron Water Main LF 1585 $35.00 $55,475.00 Connection to Existing 16"Water Main EA 1 $1,000.00 $1,000.00 Valve Vault 8"x 8" EA 1 $2,500.00 $2,500.00 Valve Vault Pressure Connection 6"X 8" EA 1 $3,000.00 $3,000.00 Fire Hydrant EA 3 $2,200.00 $6,600.00 1 1/2" Water Services w/ B-Box EA 6 $1,000.00 $6,000.00 Trench Backfill CY 200 $20.00 $4,000.00 Storm Sewer 12" Dia. RCP Storm Sewer LF 114 $20.00 $2,280.00 12" Dia. Precast Conc. FES w/ Grate EA 6 $300.00 $1,800.00 Rip Rap Diffuser for FES EA 3 $100.00 $300.00 Pavement Existing Pavement Sawcut Boomer Lane LF 123 $12.00 $1,476.00 Pavement Patch Boomer Lane SY 18 $25.00 $450.00 Remove & Hauloff Existing Pavement SY 1400 $5.50 $7,700.00 Aggregate Shoulder SY 200 $15.00 $3,000.00 Asphalt Pavement SY 2550 $22.00 $56,100.00 Landscape Improvements Surface Preparation and seeding EA 1 $4,000.00 $4 986 tT06Sc� Maintenace of Landscaped areas (2 years) EA 1 $6,000.00 ff g Miscellaneous Street Lights EA 1 $2,000.00 $2,000.00 Curb & gutter remove & replace L.F, 6 $50.00 $300.00 Remove & Hauloff Existing Culvert Boomer Lane EA 1 $300.00 $300.00 5.0' Concrete Walk Public Fairhaven Drive S.F. 80 $4.00 $320.00 TOTAL ;•' 1760 GIVEN UNDER MY HAND AND SEAL THIS ;* PR `r A'- (J)l `? � b ` ; te^ +[] 13 in DAY OF SEPTEMBER, 2005. rt,, f: VIN O'er ILLINOIS PROFESSIONAL ENGINEER NO. 17668 Exhibit B PARCEL ONE: THAT PART OF THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE ORIGINAL CENTER LINE OF THE BRISTOL AND BRISTOL STATION ROAD AT THE NORTHWESTERN MOST CORNER OF BLACKBERRY CREEK SUBDIVISION, RECORDED SEPTEMBER 22, 1988 AS DOCUMENT NO. 885104; THENCE NORTH 06 DEGREES 30 MINUTES 00 SECONDS EAST ALONG SAID OLD CENTER LINE, 177.53 FEET; THENCE NORTH 06 DEGREES 23 MINUTES 10 SECONDS EAST ALONG SAID CENTER LINE, A DISTANCE OF 190.73 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 06 DEGREES 23 MINUTES 10 SECONDS EAST, A DISTANCE OF 224.13 FEET TO A POINT ON THE SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION, RECORDED AUGUST 31, 1994 AS DOCUMENT NO. 9408706, EXTENDED WESTERLY; THENCE NORTH 85 DEGREES 39 MINUTES 37 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 260.19 FEET; THENCE SOUTH 06 DEGREES 23 MINUTES 10 SECONDS WEST, PARALLEL WITH THE ORIGINAL CENTERLINE OF THE BRISTOL AND BRISTOL STATION ROAD, A DISTANCE OF 241.63 FEET; THENCE NORTH 87 DEGREES 17 MINUTES 51 SECONDS WEST A DISTANCE OF 106.99 FEET; THENCE ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 300.00 FEET, A CHORD BEARING OF SOUTH 85 DEGREES 43 MINUTES 40 SECONDS WEST, A CHORD DISTANCE OF 72.86 FEET AND AN ARC LENGTH OF 73.04 FEET; THENCE ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 225.00 FEET, A CHORD BEARING OF SOUTH 87 DEGREES 33 MINUTES 11 SECONDS WEST,A CHORD DISTANCE OF 68.84 FEET AND AN ARC LENGTH OF 69.12 FEET; THENCE NORTH 83 DEGREES 36 MINUTES 50 SECONDS WEST, A DISTANCE OF 9.25 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE ORIGINAL CENTER LINE OF THE BRISTOL AND BRISTOL STATION ROAD AT THE NORTHWESTERN MOST CORNER OF BLACKBERRY CREEK SUBDIVISION, RECORDED SEPTEMBER 22, 1988 AS DOCUMENT NO. 885104; THENCE NORTH 06 DEGREES 30 MINUTES 00 SECONDS EAST ALONG SAID OLD CENTER LINE, A DISTANCE OF 177.53 FEET; THENCE NORTH 06 DEGREES 23 MINUTES 10 SECONDS EAST ALONG SAID CENTER LINE, A DISTANCE OF 414.86 FEET TO A POINT ON THE SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION, RECORDED AUGUST 31, 1994 AS DOCUMENT NO. 9408706, EXTENDED WESTERLY; THENCE NORTH 85 DEGREES 39 MINUTES 37 SECONDS EAST ALONG SAID SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION, A DISTANCE OF 486.20 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, NORTH 85 DEGREES 39 MINUTES 37 SECONDS EAST A DISTANCE OF 260.68 FEET; THENCE SOUTH 25 DEGREES 19 MINUTES 49 SECONDS WEST A DISTANCE OF 210.58 FEET; THENCE SOUTH 08 DEGREES 33 MINUTES 39 SECONDS EAST A DISTANCE OF 13.96 FEET; THENCE ALONG A CURVE TO THE RIGHT, NOT TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 300.00 FEET, A CHORD BEARING OF SOUTH 74 DEGREES 57 MINUTES 11 SECONDS WEST, A CHORD DISTANCE OF 134.76 FEET AND AN ARC LENGTH OF 135.92 FEET; THENCE ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 600.00 FEET, A CHORD BEARING OF SOUTH 84 DEGREES 43 MINUTES 02 SECONDS WEST, A CHORD DISTANCE OF 67.31 FEET AND AN ARC LENGTH OF 67.34 FEET; THENCE NORTH 06 DEGREES 23 MINUTES 10 SECONDS EAST A DISTANCE OF 227.01 FEET TO THE SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION, AND THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL THREE: THAT PART OF THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE ORIGINAL CENTER LINE OF THE BRISTOL AND BRISTOL STATION ROAD AT THE NORTHWESTERN MOST CORNER OF BLACKBERRY CREEK. SUBDIVISION, RECORDED SEPTEMBER 22, 1988 AS DOCUMENT NO. 885104; THENCE NORTH 06 DEGREES 30 MINUTES 00 SECONDS EAST ALONG SAID OLD CENTER LINE, A DISTANCE OF 177.53 FEET; THENCE NORTH 06 DEGREES 23 MINUTES 10 SECONDS EAST ALONG SAID CENTER LINE, A DISTANCE OF 414.86 FEET TO A POINT ON THE SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION, RECORDED AUGUST 31, 1994 AS DOCUMENT NO. 9408706, EXTENDED WESTERLY; THENCE NORTH 85 DEGREES 39 MINUTES 37 SECONDS EAST ALONG SAID SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION, A DISTANCE OF 746.88 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, NORTH 85 DEGREES 39 MINUTES 37 SECONDS EAST A DISTANCE OF 314.32 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID BLACKBERRY CREEK NORTH SUBDIVISION; THENCE SOUTH 39 DEGREES 28 MINUTES 49 SECONDS EAST ALONG SAID SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION,A DISTANCE OF 190.17 FEET; THENCE SOUTH 52 DEGREES 39 MINUTES 54 SECONDS WEST A DISTANCE OF 78.11 FEET; THENCE NORTH 80 DEGREES 40 MINUTES 34 SECONDS WEST A DISTANCE OF 312.18 FEET; THENCE ALONG A CURVE TO THE LEFT, NOT TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 74.00 FEET, A CHORD BEARING OF SOUTH 88 DEGREES 06 MINUTES 54 SECONDS WEST, A CHORD DISTANCE OF 122.85 FEET; AND AN ARC LENGTH OF 14&93 FEET; THENCE NORTH 25 DEGREES 19 MINUTES 49 SECONDS EAST A DISTANCE OF 137.00 FEET TO THE SOUTH LINE OF BLACKBERRY CREEK NORTH SUBDIVISION, AND THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL FOUR: THAT PART OF THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE ORIGINAL CENTER LINE OF THE BRISTOL AND BRISTOL STATION ROAD AT THE NORTHWESTERNMOST CORNER OF BLACKBERRY CREEK SUBDIVISION, RECORDED SEPTEMBER 22, 1988 AS DOCUMENT NO. 885104; THENCE SOUTH 28 DEGREES 40 MINUTES 52 SECONDS WEST ALONG THE NORTHERLY LINE OF SAID BLACKBERRY CREEK SUBDIVISION, A DISTANCE OF 220.00 FEET TO AND ANGLE POINT IN SAID NORTHERLY LINE; THENCE NORTH 50 DEGREES 16 MINUTES 57 SECONDS EAST ALONG SAID NORTHERLY LINE, A DISTANCE OF 211.00 FEET TO THE WESTERLYMOST CORNER OF LOT 30 IN SAID BLACKBERRY CREEK SUBDIVISION; THENCE NORTH 55 DEGREES 04 MINUTES 46 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID IN BLACKBERRY CREEK SUBDIVISION, A DISTANCE OF 508.00 FEET FOR A POINT OF BEGINNING; THENCE NORTH 06 DEGREES 23 MINUTES 10 SECONDS EAST, PARALLEL WITH THE ORIGINAL CENTERLINE OF BRISTOL AND BRISTOL STATION ROAD, A DISTANCE OF 303.43 FEET; THENCE ALONG A CURVE TO THE RIGHT, NOT TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 600.00 FEET; A CHORD BEARING OF NORTH 84 DEGREES 43 MINUTES 02 SECONDS EAST, A CHORD DISTANCE OF 67.31 FEET; AND AN ARC LENGTH OF 67.34 FEET; THENCE ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 300.00 FEET, A CHORD BEARING OF NORTH 74 DEGREES 57 MINUTES 11 SECONDS EAST, A CHORD DISTANCE OF 134.76 FEET; AND AN ARC LENGTH OF 135.92 FEET; THENCE SOUTH 08 DEGREES 33 MINUTES 39 SECONDS EAST, A DISTANCE OF 211.37 FEET TO A POINT ON THE NORTHERLY LINE OF BLACKBERRY CREEK SUBDIVISION; THENCE NORTH 89 DEGREES 30 MINUTES 45 SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 70.00 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE SOUTH 55 DEGREES 04 MINUTES 46 SECONDS WEST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 234.62 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL FIVE: THAT PART OF THE NORTH HALF OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE ORIGINAL CENTER LINE OF THE BRISTOL AND BRISTOL STATION ROAD AT THE NORTHWESTERN MOST CORNER OF BLACKBERRY CREEK SUBDIVISION, RECORDED SEPTEMBER 22, 1988 AS DOCUMENT NO. 885104; THENCE NORTH 06 DEGREES 30 MINUTES 00 SECONDS EAST ALONG SAID OLD CENTER LINE, A DISTANCE OF 177.53 FEET; THENCE NORTH 06 DEGREES 23 MINUTES 10 SECONDS EAST ALONG SAID CENTER LINE, A DISTANCE OF 190.73 FEET; THENCE SOUTH 83 DEGREES 36 MINUTES 50 SECONDS EAST, A DISTANCE OF 8.99 FEET; THENCE ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 225.00 FEET, A CHORD BEARING OF NORTH 87 DEGREES 35 MINUTES 10 SECONDS EAST, A CHORD DISTANCE OF 69.10 FEET; AND AN ARC LENGTH OF 69.38 FEET; THENCE ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 300.00 FEET, A CHORD BEARING OF NORTH 85 DEGREES 43 MINUTES 40 SECONDS EAST, A CHORD DISTANCE OF 72.86 FEET; AND AN ARC LENGTH OF 73.04 FEET; THENCE SOUTH 87 DEGREES 17 MINUTES 51 SECONDS EAST A DISTANCE OF 125.39 FEET; THENCE ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 400.00 FEET, A CHORD BEARING OF NORTH 83 DEGREES 16 MINUTES 07 SECONDS EAST, A CHORD DISTANCE OF 131.13 FEET; AND AN ARC LENGTH OF 131.72 FEET; THENCE ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 600.00 FEET, A CHORD BEARING OF NORTH 77 DEGREES 40 MINUTES 06 SECONDS EAST, A CHORD DISTANCE OF 80.23 FEET; AND AN ARC LENGTH OF 80.29 FEET; THENCE SOUTH 06 DEGREES 23 MINUTES 10 SECONDS WEST, PARALLEL TO THE OLD CENTERLINE OF BRISTOL AND BRISTOL STATION ROAD, A DISTANCE OF 303.43 FEET TO A POINT ON THE NORTHERLY LINE OF SAID BLACKBERRY CREEK SUBDIVISION; THENCE SOUTH 55 DEGREES 04 MINUTES 46 SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 273.38 FEET TO THE WESTERLYMOST CORNER OF LOT 30 IN SAID BLACKBERRY CREEK SUBDIVISION; THENCE SOUTH 50 DEGREES 16 MINUTES 57 SECONDS WEST, ALONG SAID NORTHERLY LINE,A DISTANCE OF 211.00 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE NORTH 28 DEGREES 40 MINUTES 52 SECONDS WEST A DISTANCE OF 220.00 FEET TO A POINT ON THE ORIGINAL CENTER LINE OF THE BRISTOL AND BRISTOL STATION ROAD AT THE NORTH WESTERNMOST CORNER OF BLACKBERRY CREEK SUBDIVISION, AND THE POINT OF BEGINNING. PARCEL SIX: EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF FUTURE LOTS 2, 3, AND 5 AS CREATED BY DEED FROM GORDON R. SWANSON AND MARCIA R. SWANSON TO MICHAEL A SKOPEC DATED APRIL 15, 2003 AND RECORDED MAY 5, 2003 AS DOCUMENT 200300014856 FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED LAND: A STRIP OF LAND 50.0 FEET WIDE ACROSS PART OF THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN WHICH LIES ADJACENT TO, COINCIDENT WITH AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF "COUNTRYSIDE CENTER UNIT NO. 1, YORKVILLE, KENDALL COUNTY, ILLINOIS THENCE NORTH 63 DEGREES 11 MINUTES 23 SECONDS EAST ALONG THE EXTENSION OF THE EASTERLY LINE OF SAID UNIT NO. 1, BEING THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 47, A DISTANCE OF 2241.20 FEET TO THE CENTER LINE OF KENNEDY ROAD EXTENDED FROM THE EAST; THENCE NORTH 82 DEGREES 16 MINUTES 57 SECONDS EAST ALONG SAID EXTENDED CENTER LINE, 9.11 FEET TO THE OLD CENTER LINE OF THE BRISTOL AND BRISTOL STATION ROAD; THENCE NORTH 06 DEGREES 30 MINUTES 00 SECONDS EAST, ALONG SAID OLD CENTER LINE, 1382.70 FEET; THENCE NORTH 86,DEGS 30 MINUTES 03 SECONDS EAST 210.42 FEET FOR A POINT OF BEGINNING; THENCE NORTH 86 DEGREES 30 MINUTES 03 SECONDS EAST 484.90 FEET FOR THE TERMINUS OF SAID LINE, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. ,SAD Co. Reviewed By: Agenda Item Number i d01% Legal ❑ EDC—NB #3 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ■ Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ EDC 2012-35 Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Potential Housing Rehabilitation Incentive Program Meeting and Date: Committee of the Whole—August 14, 2012 Synopsis: Summary of potential strategies and incentives for existing building structures, similar to the BUILD program. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Direction Submitted by: Jeffrey Weckbach Administration Name Department Agenda Item Notes: O� Memorandum To: Committee of the Whole EST. 1 1836 From: Jeff Weckbach, Administrative Intern Bart Olson, City Administrator ; C I'V`l-��,e,Y Sea, p� Date: August 7, 2012 �o Subject: Potential Housing Rehabilitation Incentive Program Summary: Information related to the potential for a home rebuild and rehabilitation program for existing residential units in the City. Background: This item was formulated in response to several of the comments made by the City Council during the July 24`h City Council Meeting. During that meeting the Council expressed a desire for a program similar to the Build Program but geared toward the existing, vacant housing sector. There are a number of communities currently engaging in different strategies to deal with this issue. One community, Covington, KY, has enacted a number of different ways in which they are able to help individuals with the purchase of a home and the rehabilitation of the property. In essence their program works by loaning out funds in the range of$15,000-20,000 to individuals who buy homes in certain areas of their city. This money is drawn from a combination of entitlement funds, CDBG funds, and city money. The resident must purchase a house which needs significant improvement to meet city standards and also the resident must meet certain income requirements. The structure of the loans allows for individuals to acquire $15,000-20,000 to be used toward the down payment of the structure, thereby alleviating some of the finance burden associated with their mortgage. The loan comes with specific requirements for the individual to bring the building up to code with city standards by rehabbing the home within a certain time period (determined by the condition of the home). The program also turns the loan into a grant if the resident decides to live in the home for a minimum of 15 years. Attached is a copy of the guidelines and the application process for such a loan. The application itself asks for a number of vital forms such as a person's tax records from the previous year, employment and compensation, release forms for background checks, and current housing costs. This is all used to evaluate the individual's ability to actually pay their mortgage and to be able to make the adequate renovations as needed on the property. The guidelines for this type of assistance are based on income requirements established by HUD (Department of Housing and Urban Development) since some of the funds are provided through HUD. It also defines the areas in which the city perceives high levels of blight and which are thereby eligible properties for the loans. Most other agencies which have these sorts of programs finance their programs exclusively through entitlement funds for home dollars, Community Development Block Grants, and other HUD programs. Currently Yorkville is not eligible for any of these programs. Analysis This program is a very unique one in that it issues loans directly to residents at zero percent interest. Since Yorkville is not currently eligible for any entitlement funds, any similar program would have to be funded out the City's general fund. A loan of this dollar amount may be a very significant figure to be allotted for the development of blighted or vacant areas of the city, but having individuals rehab these homes will increase property tax revenue and generate additional funds. In addition, the City could implement a 15-year residency requirement for the loan, with a graduated forgiveness for each year the homeowner maintains and proves residency. These individual details of the repayment, forgiveness, project application and administration would be finalized upon direction from the City Council to proceed with such a program. Also, the creation of this type of program would require a budget amendment for the expenditure of funds. Also, another rehabilitation program option to consider would be to eliminate fees associated with remodel permits. Current fees to remodel residential housing are as follows: Alteration Multi-family housing: $175+$0.10/sq. foot Alteration Single family housing: $50+$0.05/sq. foot Essentially removing these fees could result in a savings of$150-$550 for a 2,000 sq. foot structure depending on its use. This is a number which essentially would negate a few of the costs associated with renovating a home and would be similar to the structure of the Build Program. Attached are examples from two such permits. As you can see there are other fees such as a plumbing inspection, consultant inspection and etc. which could also be waived if deemed appropriate to do so. Finally, as a general informational item, the current Census data shows a vacancy rate of 8.5% in the City of Yorkville. This equates to approximately 501 housing units. Recommendation: Staff seeks direction from the City Council on whether a REBUILD loan program or a remodeling fee waiver program should be created. EQUAL HOUSING OPPORTUMI TV Homebuyer Assistance Purchase/Rehab Program CITY OF COVINGTON TARGETED REDEVELOPMENT AREAS 2011-2012 PROGRAM GUIDELINES I. PROGRAM SUMMARY The Homebuyer Assistance Purchase/Rehab Program is administered by the City of Covington's Community Development Department. The purpose of the program is to assist homebuyers with the purchase of homes that need rehabilitation in the two City of Covington targeted redevelopment areas: the Central Core and Latonia. Under this program, households which meet income, credit, and other requirements may obtain deferred payment, zero interest loans to assist with purchasing an owner occupied home. The loans can be used to cover down payment, usual, reasonable and customary closing costs and additional principal reduction related to the obtaining of an FHA 203K first mortgage or equivalent purchase/rehab first mortgage. The loan will become a grant if the owner occupies the home as the principal residence for 15 years from the date of purchase. The Homebuyer Assistance Purchase/Rehab Program must be utilized in conjunction with an FHA 203K or other City approved purchase/rehab first mortgage obtained from a private lender. The rehabilitation of the property must include improvements to the exterior visible from the public right of way. II. PROCEDURES All applicants must present a fully executed purchase contract, a City Homebuyer Assistance Program loan application, income information to determine eligibility, and required supporting documentation. Applications will be processed on a first come, first served basis as funding permits. III. REQUIREMENTS 1. Borrower Qualifications: a. Income:To qualify for the Homebuyer Assistance Program, the borrower must verify to the Housing Department that he/she meets the following income qualifications. The borrower's annual family income must not exceed income limits as determined by the U.S. Department of Housing and Urban Development. 1 The City uses the Part 5 Income Definition. Income inclusions and exclusions and asset inclusions and exclusions are attached as Attachments 1, 2 and 3. U.S. Department of Housing and Urban Development (HUD) income limits for Covington, adjusted for household size, effective 5/31/2011, are listed below. These limits are effective until revised by HUD. 2011 HUD Income Guidelines Persons in Household Maximum Income 1 $39,450 2 $45,050 3 $50,700 4 $56,300 5 $60,850 6 $65,350 7 $69,850 8 $74,350 b. Credit: Credit history and documentation which indicates substantial evidence of borrower's willingness to pay will be reviewed. Reports from a Credit Bureau will be obtained for all borrowers. A minimum credit score of 620 will be required. For borrowers with credit scores below 620, additional factors may be taken into consideration on a case-by-case basis. For borrowers with no credit score, a non-traditional credit history may be considered. c. Education: All applicants must participate in a City-approved homebuyer education course and must present a certificate of completion before program benefits are paid. d. Loan Underwriting: The City will use debt ratios of 31% and 43% to ensure that the borrower's income is sufficient to cover their mortgage and other monthly obligations. These are the current standard FHA ratios. Exceptions to these ratios will only be considered on a case-by-case basis. The interest rate on the first mortgage cannot be higher than 2.5% above the average 30 year conventional loan rate as published by Freddie Mac in the Weekly Primary Mortgage Market Survey. To be eligible for the City funding, borrowers may not use mortgage financing involving balloon payment loans, adjustable rate mortgages, or other loans that are determined to be subprime. e. Good Standing: Pursuant to Commissioners' Ordinance 0-11-06, applicants and affiliated persons and/or entities for this program must not have made or filed pending adverse claims against the City in the form of settlement demands and/or lawsuits; nor shall they be delinquent in their obligations to pay loans, fines, liens, or other obligations owed to the City of Covington ("the City"). No person or entity will be denied federal public or assisted housing agency benefits or programs administered by the City as a result of this policy. 2 2. Property Qualifications: a. Eligible Properties: Only properties being purchased and rehabilitated with an FHA 203K or other City approved purchase/rehab first mortgage. The rehabilitation of the property must include improvements to the exterior visible from the public right of way. All properties will be inspected by the City to identify exterior code violations that make the property eligible. b. Only owner-occupied or vacant dwellings having one to two units are eligible. Two unit buildings must have been originally constructed for two units to be eligible. Homes currently occupied by tenants must be evaluated on a case-by- case basis to determine if the property is eligible for City assistance. c. Targeted Redevelopment Areas: All properties must be located in one of the City of Covington targeted redevelopment areas. The targeted areas are: 1) the Central Core and 2) all of the area known as Latonia. See attached maps. d. Principal Residence: Participants must occupy the property as their permanent principal place of residence within 60 days from the date of purchase (except in the case of units currently under construction). The home must be, and remain for the term of the loan agreement, the principal residence of the borrower. e. Ownership Status: The borrower must have fee simple title to the property. Homes purchased on private contracts usually do not meet this requirement. f. Appraisal: The appraised value after repairs must not exceed 95% of the Single Family Mortgage Limits under 203(b) of the National Housing Act, as adjusted periodically. This is to be verified by a certified appraisal. For 2011, appraised value after rehabilitation is $243,675. g. Property Standards: All properties must meet the minimum housing standards of the International Property Maintenance Code at the completion of rehabilitation. All properties will be inspected by the City to ensure compliance with these standards. h. Homes built prior to 1978 will be inspected in order to detect the presence of defective or deteriorated paint surfaces. This inspection and any required paint stabilization will be governed by The Department of Housing and Urban Development's Lead Safe Housing Rule. i. Zoning: The home must be in compliance with applicable zoning regulations. j. Manufactured Housing: In order to qualify for assistance, manufactured housing must be situated on a permanent foundation and be connected to permanent utility hookups. If produced after June 15, 1976, the home must meet property standards established under 24 CFR 3280. If produced before June 15, 1976, the home must comply with applicable City of Covington Codes. 3 k. Federal Regulations: For activities funded through the Federal HOME Program Funds, loans are subject to requirements outlined in 24 CFR Part 92. IV. LOAN TERMS/SCOPE OF WORK a. Standard Loan Terms: Down Payment: Latonia: up to $5,000 to cover the lender required down payment and closing costs. Central Core: up to $10,000 to cover the lender required down payment and closing costs. Principal Reduction: Latonia/Central Core: up to $10,000 additional to be applied as a principal reduction. Up to an additional $5,000 to be applied as a principal reduction if the property has been vacant for at least 12 months. Eligible principal reduction amount cannot exceed the estimated rehabilitation costs. Interest Rate/Loan Term: 0%, 15 years Monthly Payment Amount: No monthly payments. Two-thirds (2/3) of the loan amount will be forgiven if the owner occupies the home as their principal residence for 10 years from the date of purchase. The final one-third (1/3) will be forgiven pro-rata over the final five years of the loan. Any remaining loan principal will be due in full upon the sale, transfer, refinance or vacating of the property by the property owner. After Rehab Appraisal: Cannot exceed 95% of the area median as determined by the 203(b) mortgage limits for the Cincinnati-Middletown OH-KY-IN MSA as calculated periodically. For 2011, appraised value after rehabilitation is $243,675. b. Rehab Scope of Work: The City will inspect the property and identify all code violations. All violations must be corrected. Rehab specs will be reviewed by the City. All work must be performed in accordance with historic standards and the Department of Housing and Urban Development's Lead Safe Housing Rule. This includes the use of RRP certified contractors and clearance testing performed by certified lead risk assessors at the completion of the rehabilitation. The City will inspect the property during and at the completion of construction. 4 V. Conflict of Interest: A conflict of interest exists if an applicant is an employee, agent, consultant, officer elected or appointed official to the City of Covington, and if the applicant: • Exercises or has exercised any functions or responsibilities with respect to funds for this program, or • Participates in the decision making process related to funds for this program, or • Is in a position to gain inside information with regard to program activities. If a conflict of interest exists, the applicant may not obtain assistance under this program. If there is any doubt of the conflict of interest, a written waiver may be obtained from the City of Covington. M. SPECIAL HOUSING NEEDS The City Commission reserves the right to waive any local program requirement for applicants who demonstrate a special housing need because of physical or mental disability or large family size. Additionally, the City Commission reserves the right to waive any local program requirements in conjunction with an activity undertaken by a Community Housing Development Organization (CHDO) or other non-profit entity. For further information on the Homebuyer Assistance Program, call or write: City of Covington Community Development Department 638 Madison Avenue Covington, KY 41011 (859) 292-2147 Adopted: 06/28/2011 (O/R-163-11) 5 �■ ► � IIIIIIII � ►1 / ��1 ■ I■ IIIIIIIIIIIIII . „� _��� �� =111111111111 =�• • �� 111111111111: = =_ _11111 l/l/lllllll ,► �� °=� 1111 !_ _ = =111111= _ I _ — ° IIII - ..IIIIIIIII _■ IIIIIIIIIIIIII � 11111 IIIII_ • II■I■ _Idl IIII��■IIIII��� ®IIII i : _ =11 I _ ='-mllluil I �: • � IIIII. 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Applicant shall mean the person(s) who sign(s) the City loan application. 2. Deferred Second Mortgage Loan shall mean a 0% interest loan by the City to the applicant that must be repaid in a lump sum upon the sale, transfer, or vacating of the property by the property owner. The loan becomes a grant if the homeowner occupies the residence for 15 years. 3. Owner-Occupant shall mean any person who is purchasing the property which is the subject of the deferred second mortgage loan. 4. Income is gross annual income of the applicant and all other people who are expected to reside in the house which shall include wages, salaries, tips, bonuses, commissions, dividends, interest and any other form of income generally considered as gross income by the IRS and reported on the Homebuyer Assistance Program application. For purposes of the Homebuyer Assistance Program, current paycheck stubs shall be used for income qualifications. Copies of most recent tax returns will be used for verification of information contained in the application, but will not be used in determining income eligibility. 5. Income Limits a. Very low income shall mean annual income which does not exceed 50 percent of the median income for the area, as determined by HUD with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. b. Low income shall mean annual income which does not exceed 80 percent of the median income for the area, as determined by HUD with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. 6. Lender shall mean any established lending institution or any organization or company whose primary purpose is lending money. 7. Average 30 Year Conventional Loan Rate shall mean the current average 30 year mortgage rate as published by Freddie Mac (Federal Home Loan Mortgage Corporation). 8. Subprime Loan shall mean a mortgage loan which carries an interest rate at least 2-1/2 points more than the average 30 year conventional loan rate. Typically, a subprime rate is offered to loan applicants who have below average credit histories. 6 City of Covington HOMEBUYER ASSISTANCE PROGRAM Attachment 1 - 24 CFR Part 5 Annual Income Inclusions 1. The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services. 2. The net income from the operation of a business or profession. 3. Interest, dividends, and other net income of any kind from real or personal property. Where the family has net family assets in excess of$5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD. 4. The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount (except for certain exclusions, listed in Attachment 2, number 14). 5. Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation, and severance pay (except for certain exclusions, as listed in Attachment 2, number 3). 6. Welfare Assistance. Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income: • Qualify as assistance under the TANF program definition at 45 CFR 260.31; and • Are otherwise excluded from the calculation of annual income per 24 CFR 5.609(c). If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of: • the amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus • the maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is reduced from the standard of need by applying a percentage, the amount calculated under 24 CFR 5.609 shall be the amount resulting from one application of the percentage. 7. Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling. 8. All regular pay, special pay, and allowances of a member of the Armed Forces (except as provided in number 8 of Income Exclusions. HUD Guidebook HUD-1780-CPD, Technical Guide for Determining Income and Allowances for the HOME Program, Third Edition, January, 2005 7 Attachment 2— 24 CFR Part 5 Annual Income Exclusions 1. Income from employment of children (including foster children) under the age of 18 years. 2. Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone). 3. Lump-sum additions to family assets, such as inheritances, insurance payments(including payments under health and accident insurance and worker's compensation), capital gains, and settlement for personal or property losses (except as provided in Attachment 1, number 5 of Income Inclusions). 4. Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member. 5. Income of a live-in aide (as defined in 24 CFR 5.403). 6. Certain increases in income of a disabled member of qualified families residing in HOME- assisted housing or receiving HOME tenant-based rental assistance (24 CFR 5.671(a)). 7. The full amount of student financial assistance paid directly to the student or to the educational institution. 8. The special pay to a family member serving in the Armed Forces who is exposed to hostile fi re. 9. (a) Amounts received under training programs funded by HUD. (b) Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set side for use under a Plan to Attain Self-Sufficiency (PASS). (c)Amounts received by a participant in other publicly assisted programs that are specifically for, or in reimbursement of, out-of-pocket expenses incurred (special equipment, clothing, transportation, childcare, etc.) and which are made solely to allow participation in a specific program. (d)Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time. (e) Incremental earnings and benefits resulting to any family member from participation in qualifying state or local employment training programs (including training not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program. 10. Temporary, nonrecurring, or sporadic income (including gifts). 11. Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era. 12. Earnings in excess of$480 for each full-time student 18 years old or older (excluding the head of household or spouse). 8 13. Adoption assistance payments in excess of$480 per adopted child. 14. Deferred periodic amounts from supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts. 15. Amounts received by the family in the form of refunds or rebates under state or local law for property taxes paid on the dwelling unit. 16. Amounts paid by a state agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home. 17. Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the Federal Register and distributed to housing owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary. The following is a list of income sources that qualify for that exclusion: • The value of the allotment provided to an eligible household under the Food Stamp Act of 1977; • Payments to volunteers under the Domestic Volunteer Service Act of 1973 (employment through AmeriCorps, VISTA, Retired Senior Volunteer Program, Foster Grandparents Program, youthful offender incarceration alternatives, senior companions); • Payments received under the Alaskan Native Claims Settlement Act; • Income derived from the disposition of funds to the Grand River Band of Ottawa Indians; • Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes; • Payments or allowances made under the Department of Health and Human Services' Low- Income Home Energy Assistance Program; • Payments received under the Maine Indian Claims Settlement Act of 1980 ( 25 U.S.C. 1721); • The first $2,000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the U.S. Claims Court and the interests of individual Indians in trust or restricted lands, including the first $2,000 per year of income received by individual Indians from funds derived from interests held in such trust or restricted lands; • Amounts of scholarships funded under Title IV of the Higher Education Act of 1965, including awards under the Federal work-study program or under the Bureau of Indian Affairs student assistance programs; • Payments received from programs funded under Title V of the Older Americans Act of 1985 (Green Thumb, Senior Aides, Older American Community Service Employment Program); • Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.); • Earned income tax credit refund payments received on or after January 1, 1991, including advanced earned income credit payments; 9 • The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990; • Payments received under programs funded in whole or in part under the Job Training Partnership Act (employment and training programs for Native Americans and migrant and seasonal farm workers, Job Corps, veterans employment programs, state job training programs and career intern programs, AmeriCorps); • Payments by the Indian Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation; • Allowances, earnings, and payments to AmeriCorps participants under the National and Community Service Act of 1990; • Any allowance paid under the provisions of 38 U.S.C. 1805 to a child suffering from spina bifida who is the child of a Vietnam veteran; • Any amount of crime victim compensation (under the Victims of Crime Act) received through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of crime against the applicant under the Victims of Crime Act; and • Allowances, earnings, and payments to individuals participating in programs under the Workforce Investment Act of 1998. HUD Guidebook HUD-1780-CPD, Technical Guide for Determining Income and Allowances for the HOME Program, Third Edition, January, 2005 10 ATTACHMENT 3 Part 5 Annual Income Net Family Asset Inclusions and Exclusions Inclusions Exclusions 1. Cash held in savings accounts, checking accounts, safe 1. Necessary personal property, except as noted deposit boxes, homes, etc. For savings accounts, use the in number 8 of Inclusions, such as clothing, current balance. For checking accounts, use the average 6- furniture, cars, and vehicles specially equipped for month balance. Assets held in foreign countries are considered persons with disabilities. assets. 2. Interest in Indian trust lands. 2. Cash value of revocable trusts available to the applicant. 3. Assets not effectively owned by the applicant. 3. Equity in rental property or other capital investments. Equity is That is, when assets are held in an individual's the estimated current market value of the asset less the unpaid name, but the assets and any income they earn balance on all loans secured by the asset and all reasonable accrue to the benefit of someone else who is not costs (e.g., broker fees) that would be incurred in selling the a member of the household and that other person asset. Under HOME, equity in the family's primary residence is is responsible for income taxes incurred on not considered in the calculation of assets for owner-occupied income generated by the asset. rehabilitation projects. 4. Equity in cooperatives in which the family lives. 4. Cash value of stocks, bonds, Treasury bills, certificates of deposit, mutual funds, and money market accounts. 5. Assets not accessible to and that provide no income for the applicant. 5. Individual retirement, 401(K), and Keogh accounts (even though withdrawal would result in a penalty). 6. Retirement and pension funds. 7. Cash value of life insurance policies available to the individual before death (e.g., surrender value of a whole life or universal life policy). 8. Personal property held as an investment such as gems, jewelry, coin collections, antique cars, etc. 9. Lump sum or one-time receipts, such as inheritances, capital gains, lottery winnings, victim's restitution, insurance settlements and other amounts not intended as periodic payments. 10. Mortgages or deeds of trust held by an applicant. 11 CITY OF COVINGTON-COMMUNITY DEVELOPMENT DEPARTMENT HOMEBUYER PROGRAM APPLICATION AND CHECKLIST Date: 12012 PLEASE PRINT OR TYPE. RESPOND TO ALL QUESTIONS WITH AN ANSWER OR N/A(NOT APPLICABLE). A. HOUSEHOLD INFORMATION: Telephone Number: Head of Household: Social Security#: Co-Applicant: Social Security#: Head of Household Date of Birth: Co-Applicant Date of Birth: Marital Status: ❑ Single ❑ Married ❑ Divorced ❑Widowed ❑ Other: Ethnicity(Please Check Only One): ❑Hispanic or Latino ❑Not Hispanic or Latino Race (Please Check One or More): ❑ American Indian/Alaskan Native ❑ Asian ❑ Black or African American ❑Native Hawaiian or Other Pacific Islander ❑White Current Dependents and Household Members and Information Name Age/Date of Birth Relationship Annual Income—1040 B. HOUSING INFORMATION Present Address: Is this subsidized housing? ❑Yes ❑ No Property to be Purchased (if known): First Time Homebuyer? ❑ Yes ❑ No (definition: hasn't owned home in previous 3 years;displaced homemaker and single parent who while married owned a home with their spouse or resided in home with their spouse;individuals who owned home during 3 year period that is/was in substandard condition or not permanently affixed to a permanent foundation) C. EMPLOYMENT INFORMATION Place of Employment—Head of Household Place of Employment—Co-Applicant Telephone: Telephone: Is it okay to call you on the job? Is it okay to call you o the job? Annual Salary: Annual Salary: How often do you get paid? How often do you get paid? How long have you worked at this job? How long have you worked at this job? INCOME INFORMATION(INCLUDE ALL HOUSEHOLD MEMBERS): (REFER TO HOMEBUYER ASSISTANCE PROGRAM GUIDELINES FOR INCOME INCLUSIONS/EXCLUSIONS) Social Security Monthly$ Annually$ Welfare (AFDC) Monthly$ Annually$ V.A. Benefits Monthly$ Annually$ Worker's Compensation Monthly$ Annually$ Interest/Dividend Monthly$ Annually$ Rental Income Monthly$ Annually$ Other Income Monthly$ Annually$ Source: s q OPPgq}UXltt Rev.9-20-07 HOMEBUYER APPLICATION PAGE 2 ASSET INFORMATION(INCLUDE ALL HOUSEHOLD MEMBERS): (REFER TO HOMEBUYER ASSISTANCE PROGRAM GUIDELINES FOR ASSET INCLUSIONS/EXCLUSIONS) Asset Amount/Value D. HOUSING EXPENSE How much is your current monthly housing expense? $ The information provided above is true and complete to the best of my/our knowledge and belief. I/We consent to the disclosure of such information for purposes of verification related to my/our application for financial assistance. I/We understand that any willful misstatements will be grounds for disqualification. I/We hereby acknowledge receipt of the Homebuyer Assistance Program Guidelines and agree to comply with procedures and requirements specified therein. PENALTY FOR FALSE OR FRAUDULENT STATEMENT. U.S.C. Title 18, Sec 1001, provides: "Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both." Witness Applicant's Signature Co-Applicant's Signature Household Member Signature Household Member Signature For Office Use Only: HOME Income Calculation: OPPpq}Xltt Rev.9-20-07 HOME Program Eligibility Release Form Organization requesting release of information: City of Covington—Community Dev. Dept. Information Covered: Inquiries may be made about 638 Madison Avenue items initialed by applicant(s). Covington, KY 41011 Verification 859.292.2163 Required Initials Purpose: Your signature on this HOME Program Income(all sources) X Eligibility Release Form authorizes the above-named Assets(all sources) X organization to obtain information from a third party Credit Report X relative to your eligibility and participation in the: HOME Homebuyer Program Authorization: I authorize the above-named HOME Participating Jurisdiction and HUD to obtain Privacy Act Notice Statement: The Department of information about me that is pertinent to eligibility for Housing and Urban Development(HUD) is requiring participation in the HOME Program. the collection of the information derived from this form to determine an applicant's eligibility in a HOME I acknowledge that: Program and the amount of assistance necessary using HOME funds. This information will be used to (1) A photocopy of this form is as valid as the establish level of benefit on the HOME Program;to original. protect the Government's financial interest;and to verify the accuracy of the information furnished. It (2) 1 have the right to review the file and the may be released to appropriate Federal, State, and information received using this form (with a local agencies when relevant,to civil, criminal, or person of my choosing to accompany me). regulatory investigators,and to prosecutors. Failure (3) 1 have the right to copy information from this to provide any information may result in a delay or file and to request correction of information I rejection of your eligibility approval. The Department believe inaccurate. is authorized to ask for this information by the National Affordable Housing Act of 1990. (4) Borrower(s) will sign this form and cooperate with the owner in this process. Instructions: Borrower(s) must sign a HOME Program eligibility Release Form. NOTE: THIS GENERAL CONSENT MAY NOT BE USED TO REQUEST A COPY OF A TAX RETURN. IF A COPY OF A TAX RETURN IS NEEDED, IRS FORM 4506, "REQUEST FOR COPY OF TAX FORM" MUST BE PREPARED AND SIGNED SEPARATELY. Borrower Co-Borrower Date s,R OPRORiIIXITY Rev.9-20-07 ,SAD Co. Reviewed By: Agenda Item Number i 0 01% Legal ■ EDC—NB #4 Finance ❑ EST. 1836 Engineer ■ - City Administrator ■ Tracking Number "- Human Resources ❑ "$ �© Community Development 0 EDC 2012-36 Police ALE �► � Public Works ❑ Agenda Item Summary Memo Title: Kendallwood Estates Development Agreement Amendment Meeting and Date: COW August 14, 2012 Synopsis: Summary of a request for an amendment to the existing development agreement for Kendallwood Estates subdivision. Council Action Previously Taken: Date of Action: 9-26-2006 Action Taken: Approval of a Development Agreement Item Number: Type of Vote Required: Majority Council Action Requested: Informational Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Department Name Department Agenda Item Notes: See attached memo. Memorandum EST. -� _` 1836 To: Committee of the Whole From: Krysti J. Barksdale-Noble, Community Development Director O I � a '• CC: Bart Olson, City Administrator �'F Date: August 9,2012 <LE � Subject: Kendallwood Estates—Amendment to Development Agreement An application has been filed with the City of Yorkville by the contract purchaser of the Kendallwood Estates subdivision, Imperial Investments, LLC, seeking to amend an existing development agreement for the property with consideration to reduce and/or release certain letters of credit currently held by the City for the development. Background: The Kendallwood Estates property, located just south of Van Emmon Road and east of Route 47, was annexed into the City in 1978 and zoned within the R-2 One Family Residence District. In 2006, the City entered into a development agreement with the property-owner at that time, Kendall Land Development LLC, to develop the approximately 50-acre parcel. The Final Plat of Subdivision for Kendallwood Estates development was approved by the City Council in 2007 and depicted 83 single- family lots with a portion of the development included in the Downtown Yorkville Tax Increment Finance (TIF) Redevelopment Project and Plan area. Although infrastructure such as streets, stormwater management basins, water mains and other utilities were subsequently constructed in this development, no homes were ever built. In June 2009, Kendall Land Development, LLC, requested to rezone the property from R-2 to PUD to allow for a mix of residential product including single family detached and duplex units. The PUD request did go through Plan Commission public hearing, Park Board and Green Committee review, and EDC consideration; however, the application for Preliminary PUD Plan and Final Plat has been on hold since October 2009 pending additional information from the developer. Since that time, Staff has learned that the property was foreclosed upon and is currently in the possession of Castle Bank who has been actively marketing the property for sale. Staff Comments: This item has been placed on the Committee of the Whole agenda for information purposes, as the proposed amended development agreement will be presented to the City Council for full consideration and vote at the August 28th meeting. Since changes to zoning and land use is not being requested, a public hearing is not required for this petition. 15 United City of Yorkville } 800 Game Farm Road EST, ' Yorkville, Illinois 60560 (n y Telephone: 630-553-4350 -- .�� Fax: 630-553-7575 PC# APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Development Name: Date of Submission: Z-� A e,S 1. Name of Petitioner(s): L L� Individual SS# or Company Tax ID# Address: 1 -25 Phone Number: Email Address: Relationship of Petitioner(s)to subject property: XOwner 0 Developer a Contract Purchaser 2. Name of holder of legal title, if different from#1: (a— �71�CJ If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: LZA 3. a). Street address an physical cation of subject property: L� l Z� � b). Legal description of property; attach as Exhibit"A". A� � c). Total Acreage: J r d). Kendall County Parcel Number(s)of property: LN i 1 /1 �t a O Qiyb C.dia.+l,P iv e). Current Zoning Classification: .- f). Zoning Classification Requested if changing zoning: Page 15 of 5 United City of Yorkville Amend AnnexationTUD Application Revised: 4.14.04 16 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit"B".) 5. Date of Annexation or PUD Agreement sought to be amended: CL$ Seas.,a5 Name of Agreement: v Date of Recording: 17-r,0--1. Attach a true and correct copy of agreement as Exhibit"C 6. State the items to be amended from the existing annexation or PUD agreement. -TQ lA�-e— -6 Ajl t►ac.l� ,1 a cti 'L 7u tUr'1��A 4 op-,t,— O—AA*w _ }-uLrIAI z-41 --��r�,B 1 ll��yvvtou"L.J�' DZ15 C�� X,.k.., , 7 '�e v� o�ae r<,in-s PI&A S-h Q>►J� ralble- 7. Contact Information: Name, address, phone number,fax number, and email address of person to whom inquiries regarding this petition may be directed: Lx,.,5 W)'// 1 LOX zf- Attorney: Name: Address: Phone Number: Fax Number: Email Address: Engineer: Name: Address: Phone Number: Fax Number: Email Address: Land Planner. Name: TIM Address: Phone Number: Fax Number: Email Address: Page 16 of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 9.14.09 17 9. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b.Appropriate filing fee(Please refer to page 4 of this application "Petitioner Route, Step 1, Fees and/or contact the Community Development Department for verification of this amount). c. Site Plan (if necessary): 40 sets folded to fit in a 10'x 13°envelope d. One CD containing PDFs of the signed application,exhibits and site plans. The legal description and amendment(draft)documents should be in word.doc format. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: Petitioner( ignature: (All legal property owners of record signatures must appear on this application.) Subscribed and sworn to before me this 36 day of JLjLq 204 12— Notary Seal THIS APPLICATION MUST BE NOTARIZED. OFFICIAL SEAL STEVEN 0 ANDERSON Notary Public-Slate of Illinois My Commisslon Expires May 4.2015 Page 17 of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 9.14.09 18 AMENDMENT TO ANNEXATION OR PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees`and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc.,to allow timely review by City. 'Fees: 1. a. Annexation/PUD Amendment-$500 b Deposit for outside consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs(i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly;they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Commission : The Plan Commission meets the 2nd Wednesday of the month at 7:00 p.m. at the Yorkville Public Library, 902 Game Farm Road. A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement. For a public hearing, the petitioner shall complete and submit to the Community Development Department the application with a legal description 45 days prior to the public hearing at the Plan Commission meeting. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. Before this amendment can move forward to the Economic Development Committee, a'draft* Amendment to the Annexation or PUD Agreement must be written. Step 3: Economic Development Committee: The Economic Development Committee meets the first Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Economic Development meeting where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings and for review of the draft amended agreement. Step 4: City Council: Meetings are held the 2nd and 4"'Tuesdays of each month at 7 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Page IS of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 9.14.09 19 Agreement: I understand and accept all requirements,fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records)to the Community Development Department, United City of Yorkville, 800 Game rm Road,Yorkville, Illinois 60560. Signature of Petitioner Date: Page 19 of 5 United City of Yorkvilie Amend Ann"ationTUD Application Revised: 9.14,09 Filed for Record in KENDALL C'OUNM ILLINOIS STATE OF ILLINOIS PAUL ANDERSON M-18-2007 AF 02-55 cn. ss ORDINANCE 41.01 COUNTY OF KENDALL ) RHSF Surcharse 10.0ti ORDINANCE NO. 2006-AA!J AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT FOR KENDALLWOOD ESTATES WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE,Kendall County, Illinois,that a certain Development Agreement pertaining to the development of the real estate described on Exhibit"A' attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, all the statutory procedures for the execution of said Development Agreement have been fully complied with; and NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Page 1 of 2 Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, a Development Agreement concerning the development of the real estate described therein, a copy of which Development Agreement is attached hereto and made a part thereof. Section 2: That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK Ln JOSEPH BESCO VALERIE BURD jt"�s PAUL JAMES DEAN WOLFER _ MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ac day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this _ ,QL,e day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 2 of 2 KENDALLWOOD ESTATES DEVELOPMENT AGREEMENT This Agreement is made and entered into this -20-14 day of September, 2006 by and between Kendall Land Development, LLC, an Illinois limited liability company (hereinafter referred to as "Kendall Land") and the United City of Yorkville, a municipal corporation (hereinafter referred to as "City") (collectively referred to as the "Parties") regarding the development of the real property located on the north side of Illinois Route 126 generally between Illinois Route 71 and Illinois Route 47 in Yorkville, Illinois (hereinafter referred to as "Kendallwood Estates"). RECITALS WHEREAS, Kendall Land is the owner and developer of Kendallwood Estates; and WHEREAS, Kendall Land has petitioned the City for final plat approval for Kendallwood Estates; and WHEREAS, the City desires that Kendallwood Estates have access onto Route 126 through a parcel of property immediately to the south known as Woodstone Development (hereinafter referred to as "Woodstone") prior to the occupation of any dwelling units on Kendallwood Estates. NOW, THEREFORE, in consideration of the mutual promises and undertakings herein contained, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follow: I . The recital paragraphs set forth above are hereby incorporated into and made a part of this Agreement. 2. The City will grant final plat approval for Kendallwood Estates prior to the construction of the access road across the Woodstone Development parcel. 3. Kendall Land shall work with the owner of the Woodstone Development parcel in order to obtain a temporary construction and emergency access easement off of Illinois Route 126. Said access shall be established to remain until such time as the permanent access is complete. 4. The City shall not issue any occupancy permits for any dwelling units constructed in Kendallwood Estates until the access road across the Woodstone Development is constructed, providing access from Kendallwood Estates to Illinois Route 126. 5. Kendall Land or any builders may construct model homes in Kendallwood Estates, and City shall issue permits for the occupancy of the model homes for the purpose of selling units and not for permanent occupancy. WHEREFORE, this Agreement is executed on behalf of the City and Kendall Land by their duly authorized agents as of the day and year set forth above. KENDALL LAND DEVELOPMENT, LLC THE UNITED CITY OF YORKVILLE By: By: Title: AtteQ,P 2 LEGAL DESCRlEMY NORTH PARCEL THAT PART OF THE WEST HALF OF SEC77ON 33, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 89 DEGREES 46 MINUTES 03 SECONDS EAST ALONG THE SOUTH LINE OF SAID SEC77ON 33, 374. 81 FEET,• THENCE NORTH 01 DEGREES 11 MINUTES 52 SECONDS EAST, PARALLEL W17H THE EAST LINE OF SAID WEST HALF, 794.66 FEET' THENCE SOUTH 88 DEGREES 28 MINUTES 34 SECONDS WEST, 329. 70 FEET TO SAID EAST LINE, THENCE NORTH 01 DEGREES 11 MINUTES 52 SECONDS EAST ALONG SAID EAST LINE, 571. 49 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES it MINUTES 52 SECONDS EAST ALONG SAID EAST LINE, 937. 76 FEET; THENCE NORTH 82 DEGREES 54 MINUTES 15 SECONDS WEST, 291.36 FEET, THENCE NORTH 07 DEGREES 05 MINUTES 45 SECONDS EAST 326. 86 FEET TO THE CENTER LINE OF VAN EMMON ROAD; THENCE NORTH 82 DEGREES 54 MINUTES 15 SECONDS WEST, ALONG SAID CENTER LINE, 66.00 FEET; THENCE SOUTH 07 DEGREES 05 MINUTES 45 SECONDS WEST, 308.00 FEET; THENCE NORTH 82 DEGREES 54 MINUTES 15 SECONDS WEST. 25722 FEET TO THE FORMER EA57ERLY RIGHT OF WAY LINE OF THE FOX AND ILLINOIS UNION RAILWAY COMPANY, THENCE SOUTH 08 DEGREES 10 MINUTES 53 SECONDS WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 779. 46 FEET; THENCE SOUTH 88 DEGREES 48 MINUTES 08 SECONDS EAST, 289. 10 FEET,• THENCE SOUTH 01 DEGREES 11 MINUTES 52 SECONDS WEST, 246. 00 FEET; THENCE SOUTH 88 DEGREES 48 MINUTES 08 SECONDS EAST, 415.06 FEET TO THE POINT OF BEGINNING IN THE UN17ED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SOUTH PARCEL THAT PART OF THE NORTHWEST QUARTER OF SEC770N 4, TOWNSHIP 36 NORTH, RANGE 7 EAST AND PART OF THE SOUTHWEST QUARTER OF SEC7701V 33, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS• BEGINNING AT THE NORTHWEST CORNER OF THE NOR774EAST QUARTER OF SAID SCC77ON 4; THENCE NORTH 01 DEGREES 11 MINUTES 52 SECONDS EAST PARALLEL WITH THE EAST UNE OF THE SOU7HWEST QUARTER OF SAID SEC77ON 33, 1,356.81 FEET TO A POINT ON THE SOUTH LINE OF A TRACT DESCRIBED IN A QUIT CLAIM DEED FROM PALOS BANK AND TRUST COMPANY, TRUST NO. 1-f620 TO BRUCE a AND VIRGINIA J. BUHRMAS7ER, HIS WIFE, RECORDED AS DOCUMENT NO. 83-5890 ON DECEMBER 23, 1983 WHICH IS 45.43 FEET WESTERLY, AS MEASURED ALONG SAID SOUTH LINE, OF THE SOUTHWEST CORNER OF SAID TRACT THENCE NORTH 88 DEGREES 48 MINUTES 09 - SECONDS EAST ALONG SAID SOUTH LINE 45.43 FEET TO SAID SOUTHWEST CORNER,• THENCE NORTH 01 DEGREES 11 MINUTES 52 SECONDS EAST ALONG SAID EAST LINE, 352.40 FEET TO AN OLD CLAIM LINE; THENCE NORTH Of DEGREES 11 MINUTES 52 SECONDS EAST ALONG SAID EAST UNE; 697.25 FEET'' THENCE NORTH 76 DEGREES 52 MINUTES 34 SECONDS WEST 130.50 FEET; THENCE NORTH 10 DEGREES 27 MINUTES 25 SECONDS EAST 20221 FEET TO THE CENTER LINE OF VAN EMMON ROAD; THENCE NORTH 82 DEGREES 54 MINUTES 15 SECONDS WEST ALONG SAID CENTER LINE 540.48 FEET TO THE EAST LINE OF THE FORMER FOX AND ILLINOIS UNION RAILWAY COMPANY RIGHT-OF-WAY THENCE SOUTHERLY ALONG SAID EAST LINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 624.08 FEET AND A RADIAL BEARING OF SOUTH 70 DEGREES 33 MINUTES f8 SECONDS WEST FROM THE LAST DESCRIBED POINT 300.91 FEET THENCE SOUTH 08 DEGREES 10 MINUTES 53 SECONDS WEST ALONG SAID EAST LINE BEING TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 1,228.82 FEET• THENCE SOUTHERLY ALONG SAID EAST LINE BEING A TANGEN77AL CURVE TO 774E LEFT HAVING A RADIUS OF 1,017.52 FEET, 309. 01 FEET,' THENCE SOUTH 09 DEGREES 13 MINUTES 07 SECONDS EAST ALONG SAID EAST LINE BEING TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 113.40 FEET' THENCE SOUTHERLY ALONG SAID EAST LINE BEING ALONG A TANGENTIAL CURVE TO 7HE RIGHT HAVING A RADIUS OF 920.47 FEET. 568.44 FEET' THENCE SOUTH 26 DEGREES 09 MINUTES 53 SECONDS WEST ALONG SAID EAST LINE BEING TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 447. 17 FEET TO THE CENTER LINE OF AN ABANDONED AND VACATED ROAD; THENCE SOUTH 68 DEGREES 40 MINUTES 20 SECONDS EAST ALONG SAID CENTER UNE, 141.24 FEET' THENCE SOUTH 43 DEGREES 23 MINUTES 20 SECONDS EAST ALONG SAID CENTER LINE, 1, 158.07 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUAR7ER,• THENCE NOR7H 00 DEGREES 57 MINUTES 20 SECONDS EAST ALONG SAID EAST LINE 1,078.63 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM, SAID TRACT OF LAND DESCRIBED IN A QUIT CLAIM DEED FROM PALOS BANK AND TRUST COMPANY, TRUST NO. 1-1620 TO BRUCE 0. AND VIRGINIA J. BUHRMASTER, HIS WIFE, RECORDED AS DOCUMENT NO. 83-5890 ON DECEMBER 23 1983); AND ALSO THAT PART OF THE NOR774EAST QUARTER OF SAID SEC77ON 4, TOWNSHIP AND RANGE AFORESAID, DESCRIBED AS FOLLOWS: COMMENCING AT THE NOR774WEET CORNER OF SAID NORTHEAST QUARTER,• THENCE SOUTH 00 DEGREES 57 MINUTES 20 SECONDS WEST ALONG THE WEST LINE OF SAID NORTHEAST QUAR7ER, 1,078.83 FEET TO THE CENTER LINE OF AN ABANDONED AND VACATED ROAD; 771ENCE SOUTH 43 DEGREES 23 MINUTES 50 SECONDS EAST ALONG SAID CENTER UNE 179.20 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT A ",• THENCE SOUTH 43 DEGREES 23 MINUTES 50 SECONDS EAST ALONG SAID CENTER LINE, 99.85 FEET THENCE NORTH 01 DEGREES 07 MINU7FS DO SECONDS EAST 121.26 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 01 DEGREES 07 MINUTES 00 SECONDS WEST, 320.90 FEET TO THE CENTER LINE OF ILLINOIS ROUTE NO. 126; THENCE NORTH 57 DEGREES 27 MINUTES 13 SECONDS WEST ALONG SAID CENTER UNE, 82.04 FEET TO A LINE DRAWN SOUTH Of DEGREES 07 MINUTES DO SECONDS WEST FROM POINT A" AFORESAID; THENCE NORTH 01 DEGREES 07 MINUTES 00 SECONDS EAST, 228.06 FEET TO SAID POINT A ;• THENCE NORTH 43 DEGREES 23 MINUTES 50 SECONDS WEST ALONG THE CENTER LINE OF SAID ABANDONED AND VACATED ROAD, 179.20 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH DO DEGREES 57 MINUTES 20 SECONDS EAST ALONG SAID WEST LINE, 121.61 FEET TO A LINE DRAWN NORTH 43 DEGREES 23 MINUTES 50 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 43 DEGREES 23 MINUTES 50 SECONDS EAST 279.54 FEET TO THE POINT OF BEGINNING ALL IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. ,SAD Co. Reviewed By: Agenda Item Number i 0 01% Legal ■ EDC—NB #5 Finance ❑ EST. 1836 Engineer ■ - City Administrator ■ Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ EDC 2012-37 Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Downtown Brownfield Phase III Study Meeting and Date: Committee of the Whole—August 14, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 2005 Action Taken: Phase II study adopted Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: `,SAD C►p 011% Memorandum To: City Council EST 1836 From: Bart Olson, City Administrator CC: .y� p Date: August 8, 2012 �.MQW* Subject: Downtown Brownfield Study LE Summary Consideration of a Phase III brownfields study agreement, for purposes of receiving no- further-remediation (NFR) letters or remediation options on the FS property, Farm Bureau Property, and municipal parking lot in the downtown. Background In 2004, the City Council received a grant from the Illinois EPA to study a potential brownfield in the downtown. The EPA describes a brownfield as: [R]eal property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance,pollutant, or contaminant. Cleaning up and reinvesting in these properties protects the environment, reduces blight, and takes development pressures off greenspaces and working lands.' In this case, the City's downtown parking lot east of the buildings that front the east side of Route 47 had long been rumored to be contaminated from uses on and adjacent to the property. The Kendall County Farm Bureau building had a fueling station and the FS property had seen a variety of agricultural and industrial uses in the past several decades. The ongoing industrial use of these properties resulted in some contamination of all three properties, as described in the attached phase II engineering report. At the end of the phase II engineering report, the City's consultant had theorized that it may be possible to build on any of the properties by containing the contamination on site utilizing various engineering and construction techniques. Another option for site remediation included an active cleanup (which would have been prohibitively expensive for the level of contamination observed). Formal discussion of those options would require a phase III brownfield study, which would then be used to petition the IEPA for an NFR letter for each of the property owners. The phase II engineering report had a $90,000 price tag, of which 70%was paid by an IEPA grant and 30% of which was paid by the City. The City applied for the IEPA grant, administered the grant, and produced the final report through a consultant. At the end of the ' http://www.epa.gov/brownfields/ phase II report, the City, the Kendall County Farm Bureau, and Grainco FS discussed how to proceed with and fund a phase III report. At the time of the discussion on the funding of the phase III report (2005-2006), the City was in the middle of setting up the downtown TIF. Thus, the two options discussed by senior staff, the Kendall County Farm Bureau and Grainco FS was that the phase III report would be funded through a combination of IEPA grants, City funds, and downtown TIF funds. Once the report was completed any cleanup required on any property would be borne solely by the individual property owner. For a variety of reasons, including the economic downturn, the City, Farm Bureau and FS never proceeded with the phase III brownfield report. Current proposal Imperial Investments now owns the FS property and would like to proceed with development of the property,pending successful environmental remediation of the Brownfield. Since a large portion of the contaminated area was the City's parking lot, and the downtown TIF is now activated and has available funds, this is a good opportunity to complete the phase III brownfield report and clear up the environmental issues on one public property and two private properties. Staff is currently reviewing engineering agreement proposals from various EEI subconsultants, and will be prepared to bring a final agreement to the August 28th City Council meeting, if City Council gives us direction to proceed with pursuing the phase III study. The end result of the study would be NFRs for the various properties, or clear direction on what must be done to the property to receive an NFR. Given the City's past history of funding this type of study, and the availability of TIF funds, we do recommend that the City cover the entire cost of the phase III study. We expect the final cost of the study to be between $30,000 and $50,000. Recommendation Staff seeks direction to continue pursuing a phase III brownfield study for the City parking lot property, FS property, and Farm Bureau property, to be funded by downtown TIF funds. AW Air Aff n x AV `z w J. ; 1 AW Air REPORT OF FINDINGS INITIAL PHASE II SITE INVESTIGATION Project Name: Grainco FS Municipal Parking Lot 123 East Van Emmon Street SE Corner Rte 47 & Hydraulic Ave. Yorkville, Illinois Yorkville, IIlinois Kendall County Farm Bureau 111 East Van Emmon Street Yorkville, Illinois Prepared For: The United City of Yorkville 800 Game Farm Road f: Yorkville, Illinois Prepared By: Civil & Environmental Consultants, Inc. 3041 Woodcreek Drive, Suite 210 Downers Grove, IL 60515 CEC Project No. 050-224 October 2005 Civil & Environmental Consultants, Inc 3041 Woodcreek Drive, Suite 210 • Downers Grove Illinois 60515 iea phone 6301963-6026 - Fax 6301963-6027 -Toll Free 8771963-6026 - E-mail chicago @cecinc.com Cincinnati Colunnbus .Export Indianapolis Nashville Pittsburgh St. Loris '� Corporate Web Site http://www.cecinc.con Execirtim Summary x; EXECUTIVE SUMMARY Civil & Environmental Consultants, Inc. (CEC) has prepared this Initial Phase II Site .;: Investigation for the three properties identified as: 1) Grainco FS, 123 East Van Emmons Street; 2) the Municipal Parking Lot, located to the southeast of the Route 47 and Hydraulic Avenue intersection; and, 3) the Kendall County Farm Bureau, III East Van Emmons Street, in Yorkville, Kendall County, Illinois. Where appropriate, these three contiguous properties shall be referred to as "the Site." The Site location is shown in Figure 1. The Site Investigation activities were performed in May and June 2005. CEC completed a total 4' of seventeen soil borings across the Site. All borings were completed to the top of the weathered bedrock surface, ranging in depth from 3.5 ft. below ground surface (bgs) to 11 R. bgs, with an average depth of 7.5 ft. bgs. In addition to the seventeen soil borings, a temporary piezometer was set in the underlying bedrock. The locations of the borings and piezometer are shown in Figure 2. The soil borings were advanced using a truck-mounted direct push Geoprobe"M rig. The soils were continuously sampled using a 4-foot long MacrocoreTM sampler. The soil samples were 2 ' logged in accordance with the Unified Soil Classification System (USCS) and screened with a calibrated photoionization detector (PID) with a 10.6 eV lamp to determine the potential presence of volatile organic compounds (VOCs). The soils were screened for visual signs of contamination or unusual odors. The additional boring advanced into the bedrock was drilled using a truck mounted hollow stem auger rig with NX- wireline rock coring capabilities. Boring logs are presented in Appendix A. C. One representative sample was collected from each borehole from a depth most likely to contain potential contamination and submitted for laboratory analysis. The analytical results of these :f samples are presented Appendix B. ES-1 Executive`Siimma t ')the results of this investigation indicate that the Site soils are approximately 3 to 11 feet thick the Site and no groundwater was observed in the soils overlying the bedrock. The limestone and dolomitic bedrock is heavily weathered at its interface with overlying soils. :No groundwater was encountered during the soil investigation. Based on weathering b characteristics of the materials observed and former reports by Terracon, it is believed that groundwater has existed at least seasonally in the unconsolidated sediments. The water level s, y' was found approximately 12 feet below grade at an approximate elevation of 575 msl in the temporary bedrock piezometer situated in the central portion of the Site. eo 4 A review of the analytical laboratory reports for soil samples collected at the Site during CEC's Initial Phase II Site Investigation indicates that no VOCs, herbicides, PCBs or nitrates were �4 detected above TACO Residential or Industrial/Commercial Soil SROs. There were detections of ethylbenzene and total xylenes above reporting limits at GP-10, GP-15, GP-16 and GP-17. .a Nitrates were reported in samples for GP-07, GP-08 and GP-09 (the only three locations tested). �4 TCLP nitrate levels for these three samples were reported at or above detection limits but below the Soil Component of the Groundwater Ingestion Exposure Route for Class I Groundwater. The Nitrate levels were found to exceed the SROs and GROs by Terracon near these boring locations. The results of the nitrate testing are summarized and presented in Table 2. SVOCs were detected in samples collected from four soil borings: GP-11, GP-15, GP-16 and r. GP-17. No SVOCs were detected in any of the other borings other than the four indicated above. K The results are discussed in the following and are summarized and presented in Table 3. gP ara paragraph P ' A wide range of fuel-related components were present above detection limits in soil boring GP- 11. Residential Ingestion SROs and the Soil Component of the Groundwater Ingestion Exposure Route for Class I Groundwater were exceeded in GP-11 for benzo(a)anthracene, benzo(a)pyrene, benzo(k)floranthene, dibenzo(a,h)anthracene and ideno(1,2,3-cd)pyrene. ES-2 Executive Summary The Soil Component of the Groundwater Ingestion Exposure Route for Class I Groundwater SRO was exceeded for 2-methylnaphthalene at GP-11, GP-15 and GP-17. The Industri al/Commercial Construction Worker Inhalation SRO was exceeded for naphthalene at GP-11, GP-15 and GP-17. No SVOCs exceeded the SROs in GP-16. lThe source(s) of the contaminants at GP-11 may be related to either the former fuel oil UST on the Farrn Bureau property or the LUSTS or other activities at the former service station on the IGrainco FS property. The fuel-related contamination at the other locations is likely related to the LUSTS or other activities at the former service station. Tests for Total RCRA Metals indicates that TACO Background Values for Concentrations of Inorganic Chemicals in Counties Outside Metropolitan Statistical Area were exceeded at multiple locations for the following metals: • Arsenic, barium, cadmium, chromium, lead, mercury, and silver. With the exception of lead, none of the Residential or Industrial/Commercial SROs are exceeded in any of the soil samples collected. Lead exceeded the Residential and Industrial/Commercial SROs at GP-01. Taking the range of on-Site soil pH into consideration, none of the total RCRA metals except lead and os� sibly chromium exceeded the TACO pH Specific Soil Remediation Objectives of the Groundwater Ingestion Exposure Route. When the results of the TCLP and SPLC testing for metals are taken into consideration at seven locations at the Site, the Component of the Groundwater Ingestion Exposure Route for Class I Groundwater SRO was exceeded for lead at three of those locations. Lead may be leachable at other locations where the samples were not tested for TCLP or SPLP. ES-3 Executive Sunrntary The potential source of the widespread elevated lead values, particularly on the Municipal ' Parking Lot property, is currently unknown. There are no readily apparent lead sources identified during the on-Site investigations. - The results of the total chromium and pH testing may indicate pH Specific Soil Remediation Objectives of the Groundwater Ingestion Exposure Route is exceeded at GP-05, GP-07 and GP- 09. For this SRO to be exceeded, most or all of the chromium detected would have to be Ihexavalent chromium, which is unlikely. There were no detections of VOCs or SVOCS in the screening sample collected from the temporary bedrock piezometer. However, it should be noted that the screened portion of the piezometer does not extend across the water table and may not reflect the water table conditions, which may potentially include dissolved contamination or floating separate-phase product. It is recommended that additional subsurface work be performed at the Site to further delineate Ithe lateral and vertical extent of contaminants found during this investigation and previous studies on the Grainco FS property by Terracon. We recommend the additional work would include 25 soil borings with associated sampling and analytical testing. The locations of the proposed soil borings are presented in Figure 3. f I I 1 r ES-4 Fig Par t �Lj Ci -- - - - - j. t�{� ,• -ma y c - =-�}, �� _ Tj4 1 s. - I `�:��,1..1, • '�T'�—q�y� rte,,,�• , \ r' _ `may�_^-•3 It t I.it I, 4 ,,�l L ; eta I`� # 11 i J`4 _.,• L IRt;', ' i�t� �.l Cti k ,4 I' 1I i S V i� ,:� 1�: �lit I { "�L �!!•- I '. - 111!! % W 1('4111`1''. IY i r � �. � e •r •II - it Adapted from the 1993 Yorkville, Illinois Scale — 1:1,000 7.5 minute Quadrangle Map Figure 1 CIVIL & ENVIRONMENTAL CONSULTANTS Site Location Map 3041 Woodcreek Drive, Suite 210 Yorkville, Illinois Downers Grove, Illinois ,SAD Co. Reviewed By: Agenda Item Number i d01% Legal ❑ EDC—NB #6 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ■ Tracking Number "- Human Resources ❑ "$ �© Community Development ■❑ EDC 2012-38 Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Urban Chickens Meeting and Date: Committee of the Whole- August 14, 2012 Synopsis: Background of Urban Chickens and a comparison of this issue in surrounding communities. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Direction Submitted by: Jeffrey Weckbach Administration Name Department Agenda Item Notes: -� Memorandum EST. --1 1836 To: Committee of the Whole -_ - From: Jeff Weckbach, Administrative Intern pG] �` Krysti J. Barksdale-Noble, Community Development Director Bart Olson, City Administrator <LE Date: August 1, 2012 Subject: Urban Chickens Background: Over the past few months, the Building Department has fielded several complaint calls regarding chickens and/or ducks being kept on residentially zoned property within the City of Yorkville. The City's current interpretation of City Code is that "fowls" are permitted on residential properties as they are considered "Domestic Animals" defined as "[d/ogs, cats and any other types of animals or fowl normally maintained as a household pet or guardian" in Section 5-2-1 of the Municipal Code. The Wikipedia definition of"fowl" states that "fowl is a word for birds in general, but usually refers to birds belonging to one of two biological orders, namely the gamefowl or landfowl (galiformes) and waterfowl (anseriformes). Galiformes are further defined as "an order of heavy-bodied ground feeding birds, containing turkey, grouse, chicken,New and Old World quail..." Thus, a chicken can be considered a fowl, being part of the galiformes order, and is thus allowable as a pet within City limits. However, the animal code further defines "agricultural animals" as "livestock, poultry, and other farm animals, and restricts the keeping of "agricultural animals" to A-1 agricultural zoning districts only (Title 10, Chapter 9 of the zoning code). Poultry is defined by Wikipedia as "a category of domesticated birds kept by humans for the purpose of collecting their eggs, or killing their meat and/or feathers." The difference between the definitions of"fowl" and"poultry" and the restrictions of each in the City Code leads us to interpret that chickens as pets in residential districts are acceptable, but they may not be used for collecting eggs, feathers, or for their meat. The simplified policy questions for the City Council is 1) whether chickens and ducks may be kept as domestic pets in residential areas, and 2) whether chickens may be used for agricultural purposes in residential districts, as described below. Research &Analysis: "Urban Chickens", as they are referred to, are defined as chickens which residents keep in backyard or home zoned for residential purposes as a pet or for the purpose of laying eggs for consumption. They are often times viewed by the owners as a means of sustainability and an alternative to buying eggs. With the growth of the urban chicken movement throughout the state a number of cities have decided to adopt various laws either for or against urban chickens. In our analysis staff identified thirty-three (33) such municipalities of similar size and located within our region (refer to attached chart). In summation, 13 of these cities do not have a specific ordinance related to urban chickens and 13 have a direct ban on any chickens in a residentially zoned area. The remaining seven(7) have specific requirements in relation to how many, the distance the chickens must be kept from other buildings, and the size of the property in order for chickens to be allowed. In the City Council's consideration of whether an ordinance permitting the possession of chickens on residential property for agricultural purposes is appropriate, staff has prepared the following analysis of the surveyed communities' regulations which can be used as a basis for discussion: • Number of chickens: 1 allows for a maximum of 10 per lot(but requires a minimum lot size of 5 acres) 2 allow them for a maximum of 8 chickens per lot 2 allow them for a maximum of 4 chickens per lot 2 did not have a maximum limit on the chickens other than the overall limit on animals • Distance from next residence: 1 listed the a minimum of 200 feet from the nearest parcel of land or street 1 listed the a minimum of 30 feet from the nearest parcel of land or street Summary: Staff is seeking formal direction from the Committee of the Whole if an amendment to our current ordinance is needed to further define, permit and regulate urban chickens within the city, or if they are already permissible under our current regulations. If it is the concurrence of the Committee that an amendment is necessary, staff and the City Attorney will prepare the appropriate ordinance language per your direction and present it at a future City Council meeting for approval. MUNICIPALITY Arlington Heights No specific ordinance Aurora No specific ordinance Barrington No chickens are allowed unless permitted through a special use zoning permit Bartlett No specific ordinance Batavia May have up to 8 domestic hens up to 200 feet from another parcel of land or road/alley. Fine of 500 dollars for not complying Bolingbrook No chickens for residential use are allowed Carol Stream Only allowed on land zoned for farming uses Channahon No specific ordinance Crystal Lake No specific ordinance DeKalb Not allowed to have chickens Downers Grove No more than four are allowed in City limits at one residence unless for educational or vet services Elburn Not allowed anywhere in the city Elgin No specific ordinance Geneva Only allowed if specifically zoned to allow chickens or a zoo Lemont No specific ordinance Lisle Not allowed to have more than four chickens Montgomery Not allowed unless specifically zoned for Morris No specific ordinance Naperville Allowed up to 8 chickens at a minimum distance of 30 feet from other structures New Lenox Cannot have chickens North Aurora No specific ordinance Oswego No specific ordinance Plainfield Unlawful to have chickens unless your lot is 5 acres or more and you cannot have more than 10 total Plano May only have them in zones of A-1 or R-1 Romeoville Not allowed in residential areas Sandwich Unlawful to have any chickens in residential zones South Elgin Only allowed in agriculturally zoned areas St. Charles Alluded to not being allowed at all in the city but not specifically mentioned Sugar Grove No specific ordinance Sycamore Not allowed to have any within city limits Warrenville No specific ordinance Wheaton Chickens are only allowed for one 90 day period with the intent of the chicken for 4H or educational purposes Winfield No specific ordinance Yorkville Agricultural animals are prohibited within the corporate limits of the city, unless they are confined within an enclosure on land zoned A-1 agricultural zoning district, in accordance with title 10, chapter 9 of this code. (Ord. 2009-08, 2-10-2009) Sterling Codifiers, Inc. Page 1 of 8 Chapter 2 ANIMALS 5-2-1 : DEFINITIONS: As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section: AGRICULTURAL ANIMAL: Livestock, poultry, and other farm animals. AT LARGE: Any animal shall be deemed to be at large when it is off the property of its owner and not under the control of a responsible person, or on the property of his owner and neither under the control of a responsible person nor under restraint. DANGEROUS DOMESTIC ANIMAL: Any domestic animal when unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal in a public place. DANGEROUS/EXOTIC ANIMAL: A lion, tiger, leopard, ocelot, cougar, jaguar, panther, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, bear, bison, hyena, wolf, coyote, jackal, wild dog, any poisonous or life threatening reptile, monkey, gorilla, chimpanzee, or other nonhuman primate, any rodent weighing more than one pound with the exception of guinea pigs, any noncanine animal not native to North America and which can attain a weight of two hundred (200) pounds, or any feline animal which can attain a weight in excess of forty (40) pounds. DOG: All members of the canine family. DOMESTIC ANIMAL: Dogs, cats, and any other types of animals or fowl normally maintained as a household pet or guardian. IMPOUND: To take into the custody of the city police department or animal control officer. INOCULATION AGAINST RABIES: The injection, subcutaneously or otherwise, of antirabic vaccine as approved by the department of agriculture of the state of Illinois. OWNER: Any person who has a right of property in an animal, or who keeps or harbors an animal, or who has an animal in his/her care, or who acts as custodian of an animal, or who knowingly permits an animal to remain on or about any premises occupied by him/her. PERSON: Any individual, firm, association, partnership, corporation, or other legal entity, any public or private institution, or any municipal corporation or political subdivision of the city. RESPONSIBLE PERSON: A person who is familiar with the animal and has the size and http://www.sterlingcodifiers.com/codebook/printnow.php 2/23/2012 Sterling Codifiers, Inc. Page 2 of 8 experience to be able to keep the animal under complete control at all times. RESTRAINT: An animal is under restraint if it is confined by a fence of sufficient height and security (which may be an electronic invisible fence system) to prevent it from leaving the encompassed area, on a leash under the control of a responsible person, or on a leash securely fastened to an inanimate object and of a length which prevents it from leaving the property of its owner or keeper. SERIOUS INJURY: Any physical injury that results in broken bones, lacerations, wounds, or skin punctures that require medical treatment. VICIOUS DOMESTIC ANIMAL: Any domestic animal that, without justification, attacks a person and causes serious physical injury or death or any individual animal that has been found to be a "dangerous domestic animal" upon three (3) separate occasions. (Ord. 2009- 08, 2-10-2009; amd. Ord. 2009-25, 4-28-2009) 5-2-2: ANIMAL CONTROL OFFICER: The mayor, with the advice and consent of the city council, shall have the authority to appoint an animal control officer and an assistant animal control officer whose duties shall be the enforcement of this chapter. Any reference to the animal control officer in this chapter shall also mean the assistant animal control officer. (Ord. 2009-08, 2-10-2009) 5-2-3: DANGEROUS/EXOTIC ANIMALS: A. No person shall have a right of property in, keep, harbor, care for, act as custodian of or maintain in his possession any dangerous/exotic animal within the corporate limits of the city. B. This section shall not apply to a properly maintained zoological park, federally licensed exhibit, circus, scientific or educational institution, research laboratory, veterinary hospital, kennels, pounds, or animal refuge in an escape proof enclosure. C. It is no defense to a violation of this section that the violator has attempted to domesticate the dangerous/exotic animal. http://www.sterlingcodifiers.com/codebook/printnow.php 2/23/2012 Sterling Codifiers, Inc. Page 3 of 8 D. If there appears to be imminent danger to the public, any dangerous/exotic animal found not in compliance with the provisions of this section shall be impounded and may immediately be placed in an approved facility. Approved facilities include, but are not limited to, a zoological park, federally licensed exhibit, humane society, veterinary hospital, or animal refuge. E. Upon the conviction of a person for a violation of this section, the animal with regard to which the conviction was obtained shall be impounded and placed in an approved facility, with the owner thereof to be responsible for all costs connected with the seizure and confiscation of such animal. Approved facilities include, but are not limited to, a zoological park, federally licensed exhibit, humane society, veterinary hospital, or animal refuge. (Ord. 2009-08, 2-10-2009) 5-2-4: DOMESTIC ANIMALS: A. Rabies Inoculation': Any domestic animal, which the Illinois department of agriculture requires to be inoculated against rabies, must be inoculated against rabies in order to be owned or maintained in the city. B. Collar And Tags: Any dog within the corporate limits of the city shall wear a collar or harness with a suitable tag bearing the inscription of the name, address and phone number, if any, of the owner. C. Running At Large: No domestic animal shall be permitted to run at large, with or without a tag fastened to its collar, within the corporate limits of the city. Any domestic animal found upon any public street, sidewalk, alley or any unenclosed place shall be deemed running at large unless the domestic animal is firmly held on a leash or is in an enclosed vehicle. D. Dangerous Domestic Animals Or Vicious Domestic Animals: 1. The city police department or animal control officer is authorized to investigate any report of a dangerous or vicious domestic animal and make a determination, as to whether such animal is dangerous or vicious. Within five (5) days of such determination, a notice of ordinance violation must be issued to the owner in accordance with title 1, chapter 14 of this code. 2. Any domestic animal which exhibits any of the following behaviors shall be deemed dangerous: http://www.sterlingcodifiers.com/codebook/printnow.php 2/23/2012 Sterling Codifiers, Inc. Page 4 of 8 a. Causing an injury to a person or animal that is less severe than a serious injury; b. Without provocation, chasing or menacing a person or animal in an aggressive manner; c. Running at large and impounded or owner receiving notices of ordinance violations two (2) or more times within any twelve (12) month period; d. Acts in a highly aggressive manner within a fenced yard/enclosure and appears to a reasonable person able to jump over or escape; or e. Attempts to attack any person or animal if it is restrained by a leash, fence, or other means and it is clear that only the presence of the leash, fence, or other means of restraint is preventing the domestic animal from immediate attack. 3. No domestic animal shall be declared dangerous or vicious if: a. The animal was used by a law enforcement official for legitimate law enforcement purposes; b. The threat, injury, or damage was sustained by a person: (1) Who was committing, at the time, a wilful trespass or other tort upon the premises lawfully occupied by the owner of the animal; (2) Who was provoking, tormenting, abusing, or assaulting the animal or who can be shown or have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or (3) Who was committing or attempting to commit a crime. c. The animal was: (1) Responding to pain or injury, or was protecting itself, its offspring; or (2) Protecting or defending a person within the immediate vicinity of the animal from an attack or assault. 4. If a domestic animal is deemed dangerous or vicious, the city police department or animal control officer may require: a. Special security or care requirements; b. Impoundment until satisfied that the owner will maintain the dangerous or vicious domestic animal on the owner's property except for medical treatment or examination; post a clearly visible written warning that there is a dangerous or vicious domestic animal on the premises (visible from a distance of 50 feet); or c. Order humane dispatch of the dangerous or vicious domestic animal, pursuant to the humane euthanasia in animal shelters act2, upon a finding that the owner has failed to abide by the established conditions of security. http://www.sterlingcodifiers.com/codebook/printnow.php 2/23/2012 Sterling Codifiers, Inc. Page 5 of 8 5. In the event of impoundment of a dangerous or vicious domestic animal, the animal shall not be released until satisfaction of the following: a. The owner of the dangerous or vicious domestic animal proves that the owner is a responsible person; b. The dangerous or vicious domestic animal has a current rabies vaccination, where applicable; c. The owner has a proper enclosure to prevent the entry of any person or animal and the escape of said dangerous or vicious domestic animal; d. The dangerous or vicious domestic animal has been spayed or neutered; e. The dangerous or vicious domestic animal has been implanted with a microchip containing owner identification information. The microchip information must be registered with the animal control authority of the jurisdiction; and f. The dangerous or vicious domestic animal owner shall enter the animal in a socialization and/or behavior program approved by the city. 6. It shall be unlawful for an owner of a dangerous or vicious domestic animal to: a. Permit the animal to be outside a proper enclosure unless under the control of a responsible person, muzzled, and restrained by a lead not exceeding four feet (4') in length; the muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any human being or animal; b. Fail to maintain a dangerous or vicious domestic animal exclusively on the owner's property, except as required for medical treatment or examination. When removed from the owner's property for medical treatment or examination, the dangerous or vicious domestic animal shall be caged or under the control of a responsible person, muzzled and restrained with a lead not exceeding four feet (4') in length, and having a tensile strength of at least two hundred (200) pounds. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any human being or animal; c. Fail to notify the city police department: 1) immediately upon escape if a dangerous or vicious domestic animal is on the loose, is unconfined, has attacked another domestic animal, has attacked a human being, 2) within two (2) business days if the animal has died, and 3) within twenty four (24) hours if the animal has been sold or has been given away. If the dangerous or vicious domestic animal has been sold or given away, the owner shall also provide the city police department with the name, address, and telephone number of the new owner of the dangerous or vicious domestic animal; d. Fail to surrender a dangerous or vicious domestic animal for safe confinement pending a hearing when there is a reason to believe that the dangerous or vicious domestic animal poses an imminent threat to public safety; or http://www.sterlingcodifiers.com/codebook/printnow.php 2/23/2012 Sterling Codifiers, Inc. Page 6 of 8 e. Fail to comply with any special security or care requirements for a dangerous or vicious domestic animal determined by the city police department or animal control officer. 7. Any dangerous or vicious domestic animal running at large in the streets or public places of the city or upon private premises of any other person not the owner, shall be impounded in the manner provided by this chapter; provided, however, that if a dangerous or vicious domestic animal found at large cannot be safely impounded, that animal may be slain by any city police officer. E. Disturbing The Peace; Nuisance: 1. Any domestic animal within the corporate limits of the city which is continuously barking, howling, or whining, or making other distressing or loud or unusual noise on a consistent basis, or in any other manner disturbing the peace or quiet of any place, neighborhood, family, or person within the corporate limits of the city, may hereby be declared a nuisance. 2. Upon complaint being made to the animal control officer or city police department, or upon a citizen of the city signing a written complaint with the city police department, said animal control officer or the city police department shall thereafter notify the owner or person having possession of such domestic animal, or the owner or occupant of the premises on which such domestic animal may be kept, that a complaint has been made. The person so notified shall immediately upon receipt of such notice abate the nuisance. F. Animal Waste: It shall be unlawful for any owner to allow a domestic animal to defecate on private property, without permission of the property owner, or any public street, sidewalk or park without properly disposing of such waste in a trash receptacle. G. Impoundment And Redemption Procedures: 1. Impoundment: Any domestic animal found upon any public street or highway within the corporate limits of the city running at large shall be impounded and shall be boarded at any existing or available animal control facility. If such domestic animal shall not have been redeemed within five (5) days after being impounded, it shall be humanely dispatched in the manner prescribed in this section. 2. Notice Of Impoundment: Upon impoundment, the animal control officer or the city police department shall notify the owner, if known, by telephone or mail, of such impoundment, and shall cite the owner of the domestic animal to answer charges of violation of this chapter. 3. Registry: The city police department or animal control officer shall immediately upon impounding any dangerous or vicious domestic animal make a complete registry thereof, entering the breed, color and sex of such animal and whether licensed, if http://www.sterlingcodifiers.com/codebook/printnow.php 2/23/2012 Sterling Codifiers, Inc. Page 7 of 8 known; and if licensed, shall enter the name and address of the owner or keeper and the number of the license tag, if known, and if bearing an inoculation tag the number of such tag shall be recorded. 4. Adoption And Redemption Of Domestic Animals; Fees: If the owner of any domestic animal impounded hereunder is unknown, such domestic animal shall be boarded for a period of five (5) days, and thereafter, if no claim has been made for such domestic animal, shall be humanely dispatched in accordance with this section; or released to any person desiring to adopt said domestic animal upon payment of a fee to be specified by the animal control officer, city police department, or the Kendall County animal control department; said fees to be paid during normal business hours at the city police department or the Kendall County animal control department. 5. Unclaimed Domestic Animals: Efforts shall be made hereunder to find suitable homes for any unclaimed domestic animals or domestic animals whose owners are unknown, either directly by the animal control officer or with the assistance of the animal welfare league. 6. Method Of Humane Dispatch: Whenever it shall become necessary to humanely dispatch a domestic animal, the method of humane dispatch shall be pursuant to the humane euthanasia in animal shelters act-. 7. Fees: The owner shall pay all fees charged for the impoundment of any animal under the provisions of this chapter. 8. Redemption Of Domestic Animal Not Inoculated Against Rabies: Any impounded domestic animal which has not been inoculated against rabies as required under this chapter, shall not be released to its owner until the animal is properly inoculated. 9. Humane Dispatch When Rabies Suspected: In the event an authorized health officer determines that there is or exists the danger of rabies, any impounded animal so endangered may be destroyed after a period of twenty four (24) hours of impoundment. (Ord. 2009-08, 2-10-2009) 5-2-5: AGRICULTURAL ANIMALS: A. Agricultural animals are prohibited within the corporate limits of the city, unless they are confined within an enclosure on land zoned A-1 agricultural zoning district, in accordance with title 10, chapter 9 of this code. (Ord. 2009-08, 2-10-2009) 5-2-6: RESISTING OR INTERFERING WITH OFFICERS: It shall be unlawful for any person to molest, resist, interfere with, hinder or prevent any city http://www.sterlingcodifiers.com/codebook/printnow.php 2/23/2012 Sterling Codifiers, Inc. Page 8 of 8 police officer or animal control officer, or person in the discharge of the duties or powers conferred upon them by this chapter. (Ord. 2009-08, 2-10-2009) http://www.sterlingcodifiers.com/codebook/printnow.php 2/23/2012 ,SAD Co. Reviewed By: Agenda Item Number i �•t% Legal ❑ PS—NB #1 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ❑ Tracking Number "- Human Resources ❑ "$ �© Community Development : PS 2012-19 Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Request to Dispose of City Property Meeting and Date: COW/August 14, 2012 Synopsis: Request to dispose of City Property. Specifically, old/outdated police equipment including radios, wiring, and squad car accessories. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Chief Richard Hart Police Name Department Agenda Item Notes: ? v Yorkville Police Department Memorandum Q '~ 804 Game Farm Road EST — _ 1836 Yorkville, Illinois 60560 =-. Telephone: 630-553-4340 0 �� ,:; �` Fax: 630-553-1141 NenGll GO.alY Date: August 1, 2012 To: City Council From: Chief Richard Hart Reference: Request to Dispose of City Property I am requesting to dispose the inventoried items attached to this memorandum. Note that most of these items have been removed from squad cars and are no longer usable in existing/future squad build-outs. A few of the items are old radios that are not compatible for the narrow banding project. Please see the list attached to this memo for a detailed inventory of all items. If permission is granted, all attempts will be made to sell the items. If the items are not able to be sold, they will be disposed of appropriately. INVENTORY ✓ofVl f/� � ) ) Priced by Sheet No. Department {/ Extended by Called by Location Examined by Entered by ITEM No. DESCRIPTION J QUANTITY UNIT PRICE UNIT EXTENSIONS 4;? ,)2 � s8 a9') �a3s5 3 a :3 s6 � q� s �7 � fvvY �f� lcs 0 ID a, a x 1 G 4� � • � n cif y 154v16+ S ' 4 4 1 �S - ) AQ Z cr . o oyl Ej opsd' 3 ' M X- 7aoa J ti � % r vr , c 1 /log / �. a �1 � ► a � a rr �f���< And 3 S 3 cx� 14 ,,, < . Amount Forward INVENTORY Priced by Sheet No. Department Extended by Called by Location Examined by Entered by ITEM NO. DESCRIPTION QUANTITY UNIT PRICE UNIT EXTENSIONS q �J , e. Ira Iu S'N G C1� ao 7C/` Yo7 r C 1 Cf) O r0.. " O Gco vc 0 fN G 00 o 676, V J r'�G, Lit wr C� ► � Ap � , >*-� 'u,� � c et t sn x € � � y ,� 6v vy canvt1dv C:�y (Jj 1 L �,�► - c-o n jo C/ tor asts M PA I ss - ,q lsr, ¢ Amount Forward 7T,= �I II �IIINdI EXTENSIONS Moll Owe 0 16 0 ter: ►:mi�illi rward INVENTORY Priced by Sheet No. Department Extended by Called by Location Examined by Entered by ITEM NO. DESCRIPTION QUANTITY UNIT PRICE UNIT EXTENSIONS 1 j � C..u.- b•cr.Jrscs �' GG hv. 5� v � aI�fG / 10Jd) 010w-,o )s, MT Soo r . s 0 LL N IL X¢h4�� �y a S/1/ ' �f-oa �4Xcsg- 11 o z s -S � IVw 37sYZ q-VA XU Sy o¢-Z SN � 0 - fi �3 770 Z b SOU oaTO �v X74. 6 z 7 - SN 6),;1, A V N A- ,�A 3 s tog -7c4oC7 Q0z F 6 ssa LLL - 1 - t HTT � D p tqj bAoHCIIAmount Forward wiuuiiNi� �I ■'�IIII��gIH ��InIIIi�W �I ■I�II���� , , . �i �■inn � MIMI= lop Ea 70. � Amount Forward �il�wi�■i�un� MIL BE� . RII�• III �I�IIN� NOW M� MWOOOlf Ab 11 NMI . MAIM Mug will Amount Forward im,I d o'er I�I■IN all �IHNI�II limmimmilillimil �� I111�1�11� �I EMS 01111110111111 NIMMIME11111101111110 11 MIME111111011 LAMIRM millmum Ato ILP W, mom Amount Forward INVENTORY Priced by Sheet No. Department Extended by Called by Location Examined by Entered by ITEM NO. DESCRIPTION QUANTITY UNIT PRICE UNIT EXTENSIONS ra tc�' 03fo MTA 70t4sc r r M � rAJ ; o Una E 4 /"p) AM :) scAf& *' ZAN d 0 s� 3 TF wusJ` 9 a t4 U G jra j aX ) (K L M P 3 4,M TA 7 P AS CA z 0 -sty-sty J t'''► `F3 GnMG OCIC ;zAb SN 1S ` 7 y 6 (21si M Mj3enmc ;- lC ;Z94 S N ) 5 � 17s � ¢ s4 04; • 11kuw Sly VG ��` � 71 vo► IcScoA�p- a Amount Forward INVENTORY Priced by Sheet No. Department Extended by Called by Location Examined by Entered by ITEM NO. DESCRIPTION .J QUANTITY UNIT PRICE UNIT EXTENSIONS Mof0 01 ARM 6s7 IF �oB ;;� ¢ 6 C0 S Sv ? sZ All tfs Fr Fr sIv Soy G� 1p � 4 vRM �so U o zp 803s p3 S (� Soerr %s v � s � 1 � Say s 7 App z SN ED ? S7N10) t6 ; D 90 :3 o a J *dt 1 r'1ff XG?Cat044AA SN 7fif, IVA 1196 MO Gla � � J lfaL .0 V M M 03 M37A7PA -,�; 6X M p51LRAyP � � � �r SN -7 7 Y T Y N lt?qv Amount . Forward INVENTORY Priced by Sheet No. Department Extended by Called by Location Examined by Entered by ITEM NO. DESCRIPTION QUANTITY UNIT PRICE UNIT EXTENSIONS 3 rtbwvNck 1 7 Sqc 1 k — Q90s tI 3 S ( - y 0(00 (`'g � gjIq , sodas a I J9 5"1?; " o a oo 9o *3 t P3 2 ��ta a ui Z o 1 - 600eXb q 0 J Le , 1 VGkAL N\ 100311 Lj V4 Amount Forward INVENTORY Priced by Sheet No. Department Extended by Called by Location Examined by Entered by ITEM NO. DESCRIPTION QUANTITY UNIT PRICE UNIT EXTENSIONS <% Li fwy//�yl4;#v 1AG / I� t?, a0 w• n i 'rUrd 1 n m g s v �sE s 6 6 s °0 4. V SN 50e rFW 0030 Z So S N `nA40o 1 .Ycn �ox V1 Amount Forward INVENTORY Priced by Sheet No. Department Extended by Called by Location Examined by Entered by ITEM NO. DESCRIPTION .J QUANTITY UNIT PRICE UNIT EXTENSIONS PP C 10 VJT 0 U. N a ( M - / add 0 7a � � �- 0 S7007A s/V co H00 3 f1V Cr) 0 47 6 � papa die 'w haul, Amount Forward �NIII�I�IIY EXTENSIONS PER M� Msonw, MLSM, ; . Amount Forward �II��III<INI INVENTORY Priced by Sheet No. Department Extended by Called by Location Examined by Entered by ITEM NO. DESCRIPTION J QUANTITY UNIT PRICE UNIT EXTENSIONS 19) tUlc/ oi / f j W1 h w : rc� M G � ti 2 K U. SN 0l66 In a O � ,y ^ t 5N o C � 7a �3c N j 0 r J I L I I I i i Amount Forward IF 11 EL ,SAD Co. Reviewed By: Agenda Item Number i �•t% Legal ❑ PS—NB #2 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ■ Tracking Number "- Human Resources ❑ "$ �© Community Development : PS 2012-20 Police ALE �► � Public Works ❑ Parks and Recreation ■ Agenda Item Summary Memo Title: Golf Carts Meeting and Date: COW/August 14, 2012 Synopsis: Direction for an ordinance related to the allowance of Golf Carts on residential streets. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Recommendation Submitted by: Jeff Weckbach Administration Name Department Agenda Item Notes: `,SAD C►p 011% Memorandum To: City Council EST 1836 From: Jeff Weckbach, Administrative Intern Bart Olson, City Administrator .y� p Date: August 1, 2012 �.MQW* Subject: Golf Cart Usage on Streets LE Summary: Resident request for use of golf carts in residential neighborhood. Background: This item was requested to be brought up for discussion by Alderman Colosimo. Golf Carts and other neighborhood electronic vehicles (NEV) are being seen today as an alternative method of transportation throughout ones neighborhood. Due to rising gas prices many individuals have a preference to use these vehicles over an automobile for short commutes. Currently Yorkville does not have a direct ordinance on the use of NEV's. Therefore, any issue confronted with the use of a NEV must defer to the state policy. This law is found in the Illinois Compiled Statutes 625 ILCS 5 /11-1426.1. In summation, the state law bars any individual from operating a NEV on any road, unless a municipality passes an ordinance or resolution to allow for them to operate a NEV on a road. If a city does the appropriate studies of the traffic flows and potential hazards to individuals operating these vehicles must be conducted and then they can allow for the ordinance to take effect. It is also required of the city to place the appropriate signage in the areas where a person can operate these vehicles. The signage is there to ensure the safety of the operators of the vehicles and to also alert drivers there are individuals who may be driving a NEV on the road. Analysis: This issue was previously brought up in a public safety meeting. The meeting, which took place on June 2, 2011, tabled this issue for a future date. The issue was not brought up again. Based on the discussions in this meeting it can be deemed the public safety committee tabled this because of the high cost to install signs in the various neighborhoods where individuals could use their NEV's and it would only only benefit a very limited number of individuals. The estimated cost for signage was $10,000- $15,000. Also to consider are the issues related to insuring these NEV's and the proper licensing requirements. Chief Hart was able to elaborate on the potential issues the police force may face in regards to an allowance of NEV's on neighborhood roads. According to Chief Hart, a program where we allowed golf carts and other vehicles on the streets would require proper inspection and stickers for vehicles in order to be able to ensure the vehicle would meet the standards to be driven on these streets. At current staffing levels for the police force it is not likely there would be enough man power to adequately perform this essential task in order to ensure safety of the residents. Over the next few years as staff increases there is potential for this topic to be revisited but at this moment it does not appear likely that there are enough individuals to effectively and safely oversee the implementation of allowing NEV's on neighborhood streets. Recommendation: Staff seeks direction on this issue. ,SAD Co. Reviewed By: Agenda Item Number i �•t% Legal ❑ PS—OB #1 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ■ Tracking Number "- Human Resources ❑ "$ �© Community Development : PS 2012-16 Parks&Recreation ALE �► � Public Works ❑ Agenda Item Summary Memo Title: Lightning Detectors Meeting and Date: CC August 14, 2012 Synopsis: Quote and recommendation to install lightning detectors in specific City Parks. Council Action Previously Taken: Date of Action: 7/24/12 Action Taken: Tabled Item Number: PS 2012-16 Type of Vote Required: Majority Council Action Requested: Approve purchase of lightning detectors from ThorGuard. Submitted by: Laura Schraw Parks & Recreation Name Department Agenda Item Notes: Please see the attached memo providing additional information and recommendation. ° ''`o Memorandum EST. ,Z 1836 To: City Council From: Laura Schraw, Interim Director of Parks and Recreation 0 L CC: Bart Olson, City Administrator O Scott Sleezer, Superintendent of Parks It.E Date: August 7, 2012 Subject: Lightning Detectors Background At the June 14th Park Board meeting, it was requested by the Mayor that staff research the cost for a lightning detector to be installed at Bridge Park where our three ballfield complex is located. Quotes for lightning detectors were obtained from our current vendor of tornado warning sirens, ThorGuard, with a variety of options. On June 15th, staff contacted the representative from ThorGuard. In order to get the detectors up as soon as possible, the meeting was held on the earliest possible date for both parties, June 25'. Potential locations for lightning detectors, remote systems, and the existing system were discussed. A site tour was conducted, and a quote was requested from the ThorGuard representative to be received by June 29th, which they provided. Staff provided a recommendation to COW, solely based on what parks/schools would be beneficial for lightning detectors and based on the estimated cost provided in the ThorGuard estimate, and within the available funds from the weather warning siren fee. Staff was not actively seeking a vote of authorization at the July 24th City Council meeting—the statement by Administrator Olson at the meeting that we were seeking purchase authorization based on one quote was a simple misunderstanding of the agenda item. On July 17th staff met with Dr. Wakeley, Superintendent of Schools. The School District will be discussing lightning detectors at their committee meeting on Monday, August 131h Product comparison Biotex This company only manufactures warning systems that detect the proximity of lightning to the station location, not when the conditions are right for lightning. ThorGuard The ThorGuard information distributed at the previous meeting is also attached. Additional information about the GENS system: It was designed in conjunction with the University of South Florida. They wanted a system that could give a distinct audible signal over their entire campus. Since ThorGuard was already in use for the Lightning Warning over the campus they designed a system that could do both. The units are located at the schools in the school office or the campus security office. The audible for GENS is t/2 second on, %2 second off, for a one minute duration. It also turns on external strobe lights on the horn clusters. This is done manually for the GENS alert. Those outdoors proceed to designated areas away from the school, directed by faculty that are in charge. TOA No response from manufacturer. Skyscan This product is a lightning warning system. It is similar to the Vaisala product (listed below) that does not provide a warning signal based on the conditions being right for lightning,but instead on the proximity of lightning to the station location. The representative gave an example of predicting lightning within 40 miles of the station. Vaisala Vaisala produces the TWX300, product information is attached. The TWX300 ties into the National Lightning Detection Network which monitors existing lightning and the EFM measure the electromagnetic fields to alert when the conditions are ripe for lightning. The ballpark pricing for a TWX300 with EFM's is between $70,000 - $120,000 per system. This price includes training and installation. A second system would cost an additional $70,000-$120,000. The total cost for the Vaisala produce is between $140,000 - $240,000. In addition, the annual National Lightning Detection Network renewal fee (for a 50 mile radius) is $3,500 per site. Park Board recommendation The Park Board fully supports installing lightning detector systems at Bridge Park, and Raintree Park B, as well as a remote system at Bristol Bay 65. Staff recommendation Staff is recommending the use of ThorGuard for our lightning detection system for the following locations/prices: Bridge Park Base station and remote at Bristol Bay Park $20,045.00 Raintree Park B Base $16,120.00 Change current system from AM to FM $2,515.00 Total cost $38,860.00 Based on the response from the school district, the remaining account funds can be used at the City Council's discretion. To not delay the installation of these units any longer, staff is seeking approval of the purchase and installation of the ThorGuard systems as highlighted in the attached quote in an amount not to exceed$38,860.00. Laura Schraw July 17,2012 United City of Yorkville 800 Game Farm Road Yorkville,Illinois 60506 Reference:Revised Quote,Thor Guard lightning Warning System.Per email received July 17,2012. EQUIPMENT PRICE Bridge Park,Base L 75R Computer console and Sensor,THOR PCX Software $ 7,695.00 VOTBDFM12B Base Driver 12 Watt Transmitter/Horn Cluster $ 4,000.00 Line Conditioner UPS $ 250.00 External LED Strobe Light $ 250.00 Bristol Bay Park,Remote VOTRCFMS Receiver/Horn Cluster/ 12 Volt Solar Charged/Antenna Kit External Strobe Light $ 3,900.00 EQUIPMENT COST $16,095.00 APPROXIMATE Freight Charges FOB Sunrise,Florida $ 250.00 INSTALLATION $ 3,700.00 The facility is responsible for supplying and installing a 6"x 6"x 20' wood pole for remote if appropriate location is not available. Total Cost $20,045.00 Option: Grand Reserve School Remote VOTRCFMS Receiver/Horn Cluster/ 12 Volt Solar Charges/Antenna Kit External Strobe Light $ 3,900.00 APPROXIMATE Freight Charges FOB Sunrise,Florida $ 75.00 INSTALLATION $ 750.00 The facility is responsible for supplying and installing a 6"x 6"x 20' wood pole for remote if appropriate location is not available. Total Cost $4,725.00 Page 2. EQUIPMENT PRICE Autumn Creek School L 75R Computer Console,Sensor,THORPCX Software $ 7,695.00 VOTBDFM5B Driver 5 Watt Transmitter/Horn cluster $ 3,500.00 Line Conditioner UPS $ 250.00 External LED Strobe Light $ 250.00 Internal LED Strobe Light $ 175.00 EQUIPMENT COST $11,870.00 APPROXIMATE Freight Charges FOB Sunrise,Florida $ 250.00 INSTALLATION $ 4,000.00 Total Cost $16,120.00 EQUIPMENT PRICE Raintree Park B Base L 75R Computer Console,Sensor,THORPCX Software $ 7,695.00 VOTBDFM5B Driver 5 Watt Transmitter/Horn Cluster $ 3,500.00 Line Conditioner UPS $ 250.00 External Strobe Light $ 250.00 Internal Strobe Light $ 175.00 EQUIPMENT COST $11,870.00 APPROXIMATE Freight Charges FOB Sunrise,Florida $ 250.00 INSTALLATION $ 4,000.00 Total Cost $16,120.00 EQUIPMENT PRICE Current System Reference: UPGRADE equipment at Police Station&remotes. Two options on equipment upgrade are listed.The equipment was originally purchased in July of 2000. The first option gives you a virtually new system.The second option covers only the equipment needed to convert the radio equipment to an FM platform.The FM is not susceptible to interference from outside agencies. OPTION 1 Equipment Price L 75R Computer Console and Sensor/THORPCX Software $ 7,695.00 Line Conditioner UPS $ 250.00 VOTBD Electric Relay Bracket $ 150.00 12 Watt FM Radio Transmitter $ 750.00 FM Antenna Kit Base $ 100.00 2-5 Watt Receiver Radios $ 1,000.00 2- Solar Relay Brackets $ 300.00 2-Remote Antenna Kits $ 170.00 3 -Horn Clusters $ 2,400.00 3 -External Strobe Lights $ 750.00 3 -Batteries $ 345.00 3 -Internal RF Cables $ 120.00 LESS TRADE ALLOWANCE ON CURRENT L 150 ( $ 1,000.00) EQUIPMENT COST $13,030.00 Approximate Freight Charges FOB Sunrise,Florida $ 250.00 INSTALLATION $ 3,000.00 Total cost $16,280.00 OPTION 2 Equipment Price 12 Watt FM Radio Transmitter $ 750.00 FM Antenna Kit,Base $ 100.00 2-5 Watt Receivers Radio $ 1,000.00 2-Remote Antenna Kits $ 170.00 3 -Internal RF Cables $ 120.00 EQUIPMENT COST $ 2,140.00 Approximate Freight Charges FOB Sunrise,Florida $ 25.00 INSTALLATION $ 350.00 Total cost $2,515.00 ***An inspection of the existing equipment is necessary to determine if base and remote parts are in working order.Horns,relays,batteries. Prices a valid for 90 days from the Quote Date.Equipment can ship in 14 business days from day of order.A Purchase Order#is required along with a completed customer information form. Walt Wynarczyk Territory Manager ,SAD Co. Reviewed By: Agenda Item Number i JZ �■1% Legal ❑ PW—OB #1 Finance ❑ EST. 1836 Engineer ■ - City Administrator ❑' Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ PW 2012-35 Police ALE �► � Public Works ❑ Agenda Item Summary Memo Title: 2012 MFT Maintenance Program Meeting and Date: COW—August 14, 2012 Synopsis: Recommendation of Contract Award Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: D Cll o Memorandum S : " To: Bart Olson, City Administrator EST. 1Z _ leas From: Brad Sanderson, EEI {O L `` CC: Eric Dhuse, Director of Public Works p Krysti Barksdale-Noble, Community Dev. Dir. <LECo� ,Z Lisa Pickering, Deputy City Clerk Date: August 9, 2012 Subject: 2012 MFT Maintenance Program Bids were received, opened and tabulated for work to be done on the above referenced project at 11:00 a.m., August 9, 2012. Representatives of the contractors bidding the project and our firm were in attendance. Four qualified contractors submitted acceptable proposals for completing the work. A tabulation of the bids and the engineer's estimate is attached for your information and record. We recommend the acceptance of the bid and approval of award be made to the low bidder, D Construction, Inc., 1488 S. Broadway, Coal City, IL 60416 in the amount of $30,247.10, which is approximately 39.08%under the Engineer's Estimate of$49,653.00. If you have any questions or require additional information,please let us know. BID TABULATION 2012 MFT UNITED CITY OF YORKVILLE KENDALL COUNTY,ILLINOIS D CONSTRUCTION HARDIN PAVING SERVICES GENEVA CONSTRUCTION CO. J&R 1ST ASPHALT,INC. ENGINEER'S ESTIMATE BID TABULATION 1488 S.BROADWAY 4413 W.Roosevelt Rd. P.O.BOX 998 7659 W.98th Street 52 Wheeler Road BIDS RECD 08/9/12 COAL CITY,IL 60416 Suite 108 AURORA,IL 60507 Aurora,IL 60507 Sugar Grove,IL 60554 Hillside,IL 60162 ITEM UNIT UNIT UNIT UNIT UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 CLASS D PATCHES 4" SY 536 30 $16,080.00 $29.00 15 544.001 $36.00 $19.296.001 $29.45 $15,785.20 $55.00 $29,480.00 2 HOT-MIX ASPHALT SURFACE REMOVAL 2" SY 1064 3 $3192.00 $3.00 $3192.00 $9.00 $9576.00 $11.30 $12, 23.20 $9.50 $10,108.00 3 HOT-MIX ASPHALT SURFACE COURSE MIX"C"N50 TON 118 $10,974.00 $103.00 $12,154.00 $135.00 $15,930.00 $150.00 $17,700,00 $80.00 $9,440.00 4 BITUMINOUS MATERIALS PRIME COAT GAL 107 0.011 $1.07 $9.00 $963.00 $0.01 $1.07 $3.50 $374.50 $5.00 $535.00 5 AGGREGATE PRIME COAT TON 3 0.01 $0.03 $215.00 $645.00 $1.00 $3.00 $100.00 $300.00 $30.00 $90.00 TOTAL FOR CONSTRUCTION COSTS $30,247.10 $32,498.00 i $44,806.07 i i $46,182.90 $49,653.00 -39.0830363% -34.5497754% -9.7616055% -6,9887016% %+/-ESTIMATE G1Publi,%YO ,IJe12 MY01219- 2012 MFT,En bid.b.xls Sh-1 A. D CO. Reviewed By: Agenda Item Number v Legal ❑ ADM—NB #1 Finance EST. 1836 Engineer ❑ ~=� City Administrator Tracking Number d �I Human Resources ❑ 'f► 2Q Community Development ❑ ADM 2012-44 '+ Police F-1 CLE ti�'� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Appointment of FOIA Officer—Jeff Weckbach Meeting and Date: COW—August 14, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: A. D CO. Reviewed By: Agenda Item Number v -n Legal ❑❑ Mayor's Report#1 Finance EST. 1836 Engineer ❑ ~=� City Administrator ❑ Tracking Number 0 �I Human Resources ❑ 'f► 2Q Community Development ❑ COW 2012-02 '+ Police F-1 CLE ti�'� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Kendall County 911 Referendum Meeting and Date: COW—August 14, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Gary J. Golinski Name Department Agenda Item Notes: `,SAD C►p 011% Memorandum To: City Council EST 1836 From: Bart Olson, City Administrator CC: .y� p Date: August 10, 2012 QW* Subject: 911 Referendum Letter LL E Summary Consideration of letter from the City Council to Kendall County for postponement of the 911 surcharge referendum. Background This item was requested by Mayor Golinski. Oswego's Village Board has adopted a similar letter, and forwarded it to the Kendall County Board on Thursday,August 9th. Oswego has requested Yorkville approve a similar letter. O United City of Yorkville 800 Game Farm Road EST - . ``.0 1836 Yorkville, Illinois 60560 -4 Telephone: 630-553-4350 www.yorkville.il.us Cam�Seai K.WaIlCwnry L E August 9, 2012 John Purcell Kendall County Board Chair 111 West Fox Street Yorkville, IL 60560 Dear Chairman Purcell: The undersigned, Gary Golinski, for and on behalf of the City Council of the United City of Yorkville respectfully request that the proposed 911 Funding Referendum be placed on the April 9, 2013 ballot instead of the November 6, 2012 ballot. This extra time will allow for through review of the issue to determine the appropriate level of funding required. Sincerely, Gary Golinski United City of Yorkville Mayor ,SAD Co. Reviewed By: Agenda Item Number i d01% Legal ❑ PKBD—NB #1 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ■ Tracking Number "- Human Resources ❑ "$ �© Community Development : COW 2012-03 Parks&Recreation �L E �► � Public Works ❑ Agenda Item Summary Memo Title: Land Cash Meeting and Date: CC August 14, 2012 Synopsis: Appraisal from David W. Phillips and Company as well as a recommendation from Park Board on revising the land cash value. Council Action Previously Taken: Date of Action: 7/10/12 Action Taken: Tabled Item Number: EDC 2012-27 Type of Vote Required: Majority Council Action Requested: Submitted by: Laura Schraw Parks & Recreation Name Department Agenda Item Notes: Please see the attached memo providing the appraisal report and recommendation from Park Board. D �,,.� Memorandum s o To: City Council I � T S IC 1Z ,`1 leas From: Laura Schraw, Interim Director of Parks and Recreation CC: Bart Olson, City Administrator {O L 30 Krysti Barksdale-Noble, Community Development Director �d ­,Ty Tim Evans, Superintendent of Recreation It. 1 Scott Sleezer, Superintendent of Parks Date: August 8, 2012 Subject: Land-Cash Recommendation from Parr Board Park Board, at their July 12th meeting, reviewed the appraisal and staff memo (attached) regarding the land cash valuation and potential options as listed below. 1. Adopt the Revised Land Valuation — this option would require adoption of the land cash valuation from the current $101,000.00 per acre of improved land to $30,000.00 per acre of improved land, as presented in the attached appraisal. • Pros — This revised land cash valuation would benefit all residential developments regardless of fee locks and reflect the current trend in property value as of May 1, 2012, potentially spurring new interest in development of unfinished subdivisions in Yorkville. • Cons — Yorkville would be the first community within the area to reduce its land cash value. Further, this drastic decrease in cash value would inure to all residential developments regardless of fee locks and reduce the amount of funds available to the City to meet its parkland obligations. This option may prove difficult to administer, as it would require the recalibration of the land-cash valuation for every development with the potential for multiple Land-Cash contribution valuations within the same development 2. Partial Reduction with Subsequent Re-evaluation — this option would allow the City Council to reduce the land cash value to a level less than the current amount but not as low as proposed by the recent appraisal. Staff recommends a revised evaluation of $65,000.00 with the requirement to revisit the land cash value in 2 years. • Pros — This partial reduction in land cash valuation would address the downturn in property values and assist in the City meeting its previous obligations.. • Cons—same as those cons presented under"Adopt the Revised Land Valuation". 3. Development Based Approach — this option proposes that each development is considered on a case-by-case basis for a consideration in reduction of Land-Cash Donation whereby the developer provides their own study of the land value based upon comparable sales and other physical attributes of similarly undeveloped/developed land (location, current infrastructure, topography, size). This approach is also consistent with the language of the original Land-Cash Ordinance adopted in 1977. • Pros — This option would allow each developer to undertake the upfront cost of funding an appraisal for their respective property and provide specific data to consider when evaluating the requested Land-Cash Donation reduction. • Cons - This will require each development to amend their annexation and/or development agreements individually and potentially have a great disparity in land-cash valuations for various developments throughout the City. 4. No change — this option proposes to keep the "Fair Market Value" at its present $101,000/acre amount. • Pros—This option requires no recalculation to Land-Cash Donations of current or future developments, or amendments to already approved annexation agreements. • Cons — May potentially prolong the stall in development entitled property within the City. The Park Board has formally recommended that the land cash donation not be changed and remain at $101,000/acre. At this time there are a number of developments that still owe land cash money from the existing agreements for park sites and designs that were proposed. Therefore, reducing the value will not benefit the parks that remain to be developed and will hurt future park development throughout the City as the cost of construction, equipment and installation has increased in recent years. Cyr o Memorandum n EST. less To: Committee of the Whole `- From: Krysti J. Barksdale-Noble, Community Development Director 0 ® ~ Laura Schraw, Interim Director of Parks and Recreation CC: Bart Olson, City Administrator <LE Date: June 29, 2012 Subject: Land Cash Study Update (2012)Analysis Background Over the past several months, as part of staff's ongoing research and discussion of potential reductions in impact fees to spur the stalled development within the City, it was requested by the Economic Development Committee that the current land-cash ordinance be reviewed to see if it is consistent with current real estate market trends. As you know, the City's land-cash ordinance establishes the fair-market value for any parcel of residential land as a means of determining the per acre fee for cash-in-lieu of school and park land donations. Currently, Yorkville's land-cash value is $101,000 per acre for a residential development. The land-cash value has not been re-evaluated since its most recent amendment in 2006—during the height of the housing boom. While the City of Yorkville's current land-cash value is comparable to other local municipalities which range between $80,000/acre on the low end and upwards to nearly $323,600/acre, several developers have approached the City in revisiting this impact fee in hopes of reducing the valuation to allow previously planned and platted developments to be resold at a price more in-line with those of un-entitled properties. Although other communities, such as Plainfield and Oswego, have preliminarily discussed revising their "Land-Cash Donation" requirements, no community has formally revised or reduced its acre-valuation in response to stimulate development. Per the direction of the Economic Development Committee in March 2012, staff engaged the firm of David W. Phillips & Company to prepare the attached land valuation study on their opinion of fair-market value for a typical improved acre of residential land within the City of Yorkville based upon current market conditions for determining the cash contribution for new development. Land vs. Cash The first Land-Cash ordinance was adopted in 1977 with a valuation of$15,000/acre. It was subsequently revised over the next several years beginning in 1990 to $25,000/acre; then in 1996 to $45,000/acre; 2003 to $58,000/acre; 2004 to $73,500/acre; 2005 to $80,000/acre and most recently in 2006 to a value of $101,000/acre. The "fair market value" for each of these ordinances was determined by an appraiser, and is based on a development's future impact on services demanded by the population generated. This figure is derived from calculating the number of bedrooms (1, 2, 3, etc.) and house type (single family, multi family, duplex, townhome) proposed in the residential development. For every 1,000 residents generated by the development, the developer is required to donate either ten(10) acres of land and/or$101,000 in cash per acre. Should a developer feel the established valuation is not commensurate with the current local market, the Land-Cash Ordinance makes the following provision...... the developer shall submit an appraisal showing the `fair market value" of such improved land in the area of his development or other evidence thereof and final determination of said 'fair market value"per acre of such improved land shall be made by the City Council based upon such information submitted by the subdivider or developer and from other sources which may be submitted to the City Council by the School District or others."This re-evaluation would have to occur on a case-by-case basis, and to staff's knowledge has not been done. Most of the developers have opted to use fee/ordinance locks as part of their annexation agreement negations to ensure impacts such as land-cash remains consistent over the course of the project's build out. The impact of these "fee/ordinance locks" are discussed further later in this memorandum. Recap of Study The attached report, entitled "Land Valuation Study For: Cash Contribution in-Lieu-of Site Dedication United City of Yorkville, Illinois" as of May 1, 2012 prepared by David W. Phillips & Company, provides an opinion of appraisal for a residential improved parcel with a value of$30,000 per acre. This represents a $71,000 per acre reduction or approximately a 70% decrease per acre in land-cash value. This valuation is based upon local demographic considerations; comparison of recent land sales and real estate activity near and within the City of Yorkville over the last several years; potential development density based upon trends of previously approved and constructed developments; and pertinent city codes and ordinances (i.e., zoning ordinances, comprehensive plan, subdivision control ordinance). The general scope of the report focuses on estimating "what a typical purchaser would pay for representative acreage in the planning area" (Phillips & Company, 2012). The assumption of the valuation is that the property is fully entitled, zoned and platted, with no off- site improvements needed. The property also has street frontage and adequate access to all public utilities, either on-site or at the property line, per the requirements of the park site standards (Ord. No. 2009-50). The major assumptions used by the appraiser in rendering the opinion of land-cash value presumed 1.50 to 2.0 dwellings units to be constructed per gross acre of land predominately single- family detached residential in nature with the prevailing thought that there is likely to be greater demand for this type of land use when market conditions improve. Comparable sales used to assist in the evaluation are detailed in the report and include the following recently sold properties: DEVELOPMENT AREA PLANNED/PLATTED OVERALL SALE SALE (ACRE) NUMBER OF LOTS DENSITY PRICE PRICE/ACRE D Construction Property ±48.88 76 1.55 du/Ac $414,800 $8,486/Ac (Fox&Pavilion Rd.) Grande Reserve ±877.00 2,212 2.35 du/Ac $10,800,000 $12,315/Ac Hunt Club West ±51.67 58 1.12 du/Ac $645,875 $12,500/Ac (Oswego) Blackberry Woods ±59.51 105 1.92 du/Ac $1,647,500 $27,684/Ac 3663 Plainfield Road ±82.00 1.62 du/Ac $1,194,870 $14,572/Ac (Oswego Township) SWQ Naperville Road ±128.47 162 1.26 du/Ac $2,100,000 $16,346/Ac & 127h ST. (Plainfield) East Side of Ridge Road, SE of Plainfield ±125.72 -- 5.5 du/Ac $2,350,000 $18,692/Ac Road(Plainfield) NEC Dickson&Galena ±114.078 319 2.796 du/Ac $1,532,520 $13,434/Ac Roads(Montgomery) The preceding developments illustrated how the entitlement status, potential density, quality of the improvements to a property and its location affect the sales prices. Taking these factors along with those major assumptions and demographic conditions into consideration, the appraiser adjusted his opinion of valuation to reflect the most reasonable expected price for an acre of improved land within the City of Yorkville as of May 1, 2012 being $30,000.00. Practical Impact Below is staff's evaluation of the practical impacts of readjusting the current land cash valuation downward with emphasis placed on existing annexation agreement provisions and outstanding parkland obligations of the City. Existing Developments A spreadsheet is attached with an analysis of the current land cash values and where they stand per development. The following are highlights from the attached spreadsheet: • 12 developments have an expired fee lock,but have not yet started any part of development of the property. • 4 developments that have increased to the current land cash value only have 21 lots remaining (between all 4 developments). • 7 developments have fee locks and would not be affected by any change in land cash (any development whose fee lock is not expired could amend their annexation agreement to adopt the new land-cash value). Land cash fees paid by new developments fund park construction throughout the City. In most cases, the funds collected from a specific development fund the park in that development. However, in some cases, the funds will be used in another area of town. For example, Riemenscheider Park, which is part of the Menards development, was already paid for by an OSLAD grant. The $277,240 due at the time of the R-3 plat by Menards will help to fund a community park in another location. In developments that are already platted, the City will not have the option to take additional land in lieu of cash and in some cases might lose the funds that were allocated by Park Board during the development review and directive process to develop parks. The largest impact from revising the land-cash value is on developments that were planned with large tracks of homes and a large neighborhood or community park that the City remains obligated to develop. The park designs for these developments were often given to the developer/builder to display at their sales office and typically included a playground, sitting areas, a sports field or multi-purpose space, a shelter and landscaping. Construction costs have continued to rise, and the cost to build a park has not been reduced even with the current economic climate. The Park Board selectively took land or cash to meet the needs of park facilities per the Master Plan, but also fund park development through these funds. The board planned to fund park development with land-cash funds, and requested at time of development to have the land cash fees paid up front to guarantee the money was collected. Future Developments The potential reduction in land cash fees would not change the Master Plan for park locations and development in Yorkville. However, to give up 5 acres of land to receive $150,000 to develop a playground and sitting area would not be the best value for the City. In the future, the vast majority of developments would more than likely be requested to donate land that is approved and acceptable for a park per our Park Development Standards and the Master Plan. Staff Comments Several options are available to the City Council with regard to the recent land valuation appraisal and information provided in staff's memorandum. They are detailed as follows: 1. Adopt the Revised Land Valuation — this option would require adoption of the land cash valuation from the current $101,000.00 per acre of improved land to $30,000.00 per acre of improved land, as presented in the attached appraisal,. • Pros — This revised land cash valuation would benefit all residential developments regardless of fee locks and reflect the current trend in property value as of May 1, 2012, potentially spurring new interest in development of unfinished subdivisions in Yorkville. • Cons—Yorkville would be the first community within the area to reduce its land cash value. Further, this drastic decrease in cash value would inure to all residential developments regardless of fee locks and reduce the amount of funds available to the City to meet its parkland obligations. This option may prove difficult to administer, as it would require the recalibration of the land-cash valuation for every development with the potential for multiple Land-Cash contribution valuations within the same development 2. Partial Reduction with Subsequent Re-evaluation — this option would allow the City Council to reduce the land cash value to a level less than the current amount but not as low as proposed by the recent appraisal. Staff recommends a revised evaluation of$65,000.00 with the requirement to revisit the land cash value in 2 years. • Pros — This partial reduction in land cash valuation would address the downturn in property values and assist in the City meeting its previous obligations.. • Cons—same as those cons presented under"Adopt the Revised Land Valuation". 3. Development Based Approach — this option proposes that each development is considered on a case-by-case basis for a consideration in reduction of Land-Cash Donation whereby the developer provides their own study of the land value based upon comparable sales and other physical attributes of similarly undeveloped/developed land (location, current infrastructure, topography, size). This approach is also consistent with the language of the original Land- Cash Ordinance adopted in 1977. • Pros — This option would allow each developer to undertake the upfront cost of funding an appraisal for their respective property and provide specific data to consider when evaluating the requested Land-Cash Donation reduction. • Cons - This will require each development to amend their annexation and/or development agreements individually and potentially have a great disparity in land-cash valuations for various developments throughout the City. 4. No change — this option proposes to keep the "Fair Market Value" at its present $101,000/acre amount. • Pros — This option requires no recalculation to Land-Cash Donations of current or future developments, or amendments to already approved annexation agreements. • Cons —May potentially prolong the stall in development entitled property within the City. The Park Board will be evaluating the land cash appraisal on Thursday, July 12th. It is staff's assumption that they will be requesting additional information prior to making a recommendation, as well as hearing the City Council's discussion on the appraisal value and directive to staff. Taking this into consideration, staff would like to request that no formal recommendation is made at the July 24th City Council meeting so that Park Board has additional time to request additional information, evaluate information provided, listen to City Council's comments, and then provide their opinion at their meeting in August or September. LAND VALUATION STUDY FOR: Cash Contribution in-Lieu-of Site Dedication United City of Yorkville,Illinois AS OF: May 1, 2012 BY: David W. Phillips&Company PREPARED FOR: Ms. Laura K. Schraw Interim Director of Parks and Recreation United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 DAVID W. PHILLIPS AND COMPANY REAL ESTATE APPRAISERS AND CONSULTANTS May 21,20112 Ms. Laura K. Schraw Interim Director of Parks and Recreation United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Land Valuation Study Cash Contribution in-Lieu-of Site Dedication United City of Yorkville, Illinois Dear Ms. Schraw: As you requested, we have prepared a Land Valuation Study in connection with the United City of Yorkville pertaining to Cash Contributions in-Lieu-of Site Dedication for new developments. The purpose of this Study is to provide our opinion of the fair market value for a typical improved acre of residential land within the boundaries of the Yorkville Parks Department. Our fair market wholesale value conclusion for a typical improved acre of residential land within the boundaries of the United City of Yorkville is as follows: $30,000 per acre THIRTY THOUSAND DOLLARS PER ACRE The above value is based on market conditions prevailing as of May 1, 2012. The value is subject to the assumptions and limiting conditions stated in the report. 1601 BOND STREET . SUITE 208 . NAPERVILLE,IL 60563 . 630/357-8900 . FAX 630/357-8998 The following report describes the geographic area that is the subject of this study, sets forth the premises of the study, presents the data considered and communicates the analyses and reasoning leading to our value conclusion. Respectfully submitted, DAVID W. PHILLIPS &COMPANY Timothy J. Sullivan,MAI, SRA State Certified General Real Estate Appraiser Illinois License No. 553.000278 Expires September 30, 2013 12707-SUM TABLE OF CONTENTS INTRODUCTION PAGE TitlePage................................................................................................................................................i Letterof Transmittal..............................................................................................................................ii Tableof Contents..................................................................................................................................iii Certificationof Value............................................................................................................................ 1 PREMISES OF THE APPRAISAL Assumptions and Limiting Conditions..................................................................................................2 Definition of Market Value; Property Rights Appraised .....................................................................5 Scope, Purpose and Intended Use of the Appraisal..............................................................................6 Overviewof Our Assignment...............................................................................................................7 Definition of Improved Acreage...........................................................................................................8 AreaDescription....................................................................................................................................9 MarketConditions...............................................................................................................................12 VALUATION OF RESIDENTIAL IMPROVED ACREAGE Valuation Analysis Introduction.........................................................................................................15 Residential Acreage Land Sales..........................................................................................................16 Market Data Analysis and Value Conclusions ...................................................................................25 SupplementalAnalysis........................................................................................................................29 ADDENDUM Excerpts from Ordinance 2009-50 Site Dedication Standards Qualifications of the Appraiser 1 CERTIFICATION The undersigned do hereby certify that,to the best of our knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions,and are our personal,unbiased professional analyses,opinions,and conclusions. We have no present or prospective interest in the property that is the subject of this report, and we have no personal interest with respect to the parties involved. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. We have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client,the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. Based on our experience and knowledge with these property types, we are in compliance with the Competency Provision of the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the date of this report, Timothy J. Sullivan has completed the continuing education program of the Appraisal Institute. No one provided significant real property appraisal assistance to the persons signing this certification. Timothy J. Sullivan,MAI, SRA State Certified General Real Estate Appraiser Illinois License No. 553.000278 Expires September 30,2013 2 ASSUMPTIONS AND LIMITING CONDITIONS 1. The Appraiser assumes no responsibility for the legal description provided or for matters of a legal nature affecting the property appraised or the title thereto, nor does the Appraiser render any opinion as to the title, which is assumed to be good and marketable unless otherwise stated in this report. 2. The property is appraised free and clear of any or all liens and encumbrances unless otherwise stated in this report. 3. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless otherwise stated in this report. 4. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 5. Any sketch in this report may show approximate dimensions and is included to assist the reader in visualizing the property. Maps and exhibits found in this report are provided for reader reference purposes only. No guarantee as to accuracy is expressed or implied unless otherwise stated in this report.No survey has been made for the purpose of this report. 6. Responsible ownership and competent property management are assumed unless otherwise stated in this report. 7. Information, estimates, and opinions furnished to the Appraiser, and contained in the report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for the accuracy of such items furnished the Appraiser can be assumed by the Appraiser. 8. It is assumed that this property conforms to all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in this appraisal report. 9. It is assumed that all required licenses, certificates of occupancy, or other legislative or administrative authority from any local, state, or national governmental, or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report are based. 3 10. It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless otherwise stated in this report. 11. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the Appraiser. The Appraiser has no knowledge of the existence of such materials on or in the property. The Appraiser, however, is not qualified to detect such substances. Any comment by the appraiser that might suggest the possibility of the presence of such substances should not be taken as confirmation of the presence of hazardous waste and/or toxic materials. Such determination would require investigation by a qualified expert in the field of environmental assessment. The presence of substances such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The appraiser's value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value unless otherwise stated in the report. No responsibility is assumed for any environmental conditions, or for any expertise or engineering knowledge required to discover them. The appraiser's descriptions and resulting comments are the result of the routine observations made during the appraisal process. 12. The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 13. On all appraisals, subject to satisfactory completion, repairs, or alterations, the appraisal report and value conclusion are contingent upon completion of the improvements in a workmanlike manner and in accordance with the submitted plans and specifications. 14. The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have not made a specific compliance survey analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since we have no direct evidence relating to this issue, we did not consider non- compliance with the requirements of the ADA in estimating the value of the property,unless otherwise stated in the scope of this report. 15. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event, only with proper written qualification and only in its entirety. 4 16. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news sales, or other media without prior written consent and approval of the appraiser. 17. The Appraiser is not required to give testimony or appear in court because of having made the appraisal of the property in question, unless arrangements for such testimony have previously been made. 5 DEFINITION OF MARKET VALUE Market Value is defined in Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA"), as well as the Federal Register 12 CFR Part 722 (Interagency Appraisal and Evaluation Guidelines), as follows: "The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." This definition is compatible with the definition of market value in The Dictionary of Real Estate Appraisal, Fifth Edition,2010,p. 122,by the Appraisal Institute. PROPERTY RIGHTS APPRAISED The subject property has been appraised as if owned in fee simple, free and clear of all liens, encumbrances, and special assessments. Fee Simple Estate is defined as "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." (Source: Appraisal Institute, Dictionary of Real Estate Appraisal, Fifth Addition, 2010,p. 78.) 6 SCOPE OF THE APPRAISAL The scope of the appraisal assignment defines the extent to which data is collected, confirmed and reported. In that regard,the scope of this appraisal has involved the following: 1. Collection of all necessary and pertinent factual data regarding the subject community,using public and private records. 2. Review regional, community and neighborhood factors and trends. 3. Extensive research, through various sources, to collect pertinent market data for the Sales Comparison Approach to value. Generally, at a minimum,the sales were confirmed through public records. In most instances, additional verification was made by a party to the transaction, i.e. buyer or seller, attorney,broker, etc. 4. Review and analysis of the market data in order to arrive at opinions of value by this approach. 5. Preparation of our findings into a Summary Appraisal Report, prepared under Standards Rule 2-2(b) of an appraisal performed under Standard 1. PURPOSE AND INTENDED USE OF THE APPRAISAL The purpose of this appraisal is to provide our opinion of the fair market wholesale value for a typical improved acre of residential land within the boundaries of the United City of Yorkville. The intended use of this appraisal is to assist our client in determining the appropriate payments or fees in-lieu-of a land donation for new developments within the parks department geographic area. 7 OVERVIEW OF OUR ASSIGNMENT The United City of Yorkville is contemplating updating its ordinance that addresses requirements for new developments to dedicate park land to provide for the needs of the new population of these developments. In certain instances, it may not be practical for a developer to donate land, for a variety of reasons. In these instances, the ordinance has a provision to accept a cash contribution or derivative in lieu of actual land donations. In order to provide a fair basis for this cash contribution, estimation of a fair market value for representative improved acreage must be made. The focus of our assignment is to estimate what a typical purchaser would pay for representative acreage in the planning area. We assume the acreage is zoned,platted and improved, meaning no off-site improvements are required. Improved acreage means having street frontage and utilities at the property line (or actually into the site) offering immediate development capacity. We also assume the site is graded. Further,we assume the representative acreage has no extraordinary site features - either beneficial or detrimental to the development. It should be reiterated that our assignment does not involve a valuation of a specific subject property per se. Rather, it reflects what a representative purchaser would pay for acreage as defined above. One important factor with regards to defining representative residential acreage requires us to make certain assumptions relating to density. In order to do this, we have considered developments approved in the planning area over the last several years. We have also taken into account areas likely to be developed. We have reviewed the Yorkville Comprehensive Plan, Zoning Ordinance, and Subdivision Control Ordinance. Most developbale land is designated as Suburban or Estate for future land use. Based on our research, we believe the most likely density of representative residential acreage will be within a range of 1.50 to 2.0 units per gross acre. We recognize that some acreage may be developed with a higher density multi-family residential project,but that the vast majority will likely be single family residential in nature. To reiterate, a review of the comprehensive plan indicates that the majority of land suitable for redevelopment is slated for lower density use (Suburban or Estate). While there may be pressure to develop certain areas as buffer townhouse or condo style projects, detached single family development is more likely. In fact, there are numerous instances throughout the greater metropolitan area where developers are seeking (or have sought) to downzone previously higher density zoned land to single family detached zoning. The prevailing thought is that there is likely to be greater demand for single family detached residences when market conditions improve. 8 DEFINITION OF IMPROVED ACREAGE We have considered the requirements of park site dedications. These are clearly spelled out in City Ordinance No. 2009-50. They generally require sites to be improved. By this definition, sites are to be graded and include topsoil. They are to be serviced by appropriate drainage and erosion controls. Utilities are to be brought into the site. They are to include two street frontages with a minimum of 450 feet and the street improvements such as curbs, gutters and are to be in place. Excerpts from this ordinance can be found in the addenda. The above is the basis for our valuation. We have been further instructed to assume the land is legally zoned and platted. This essentially reflects what the particular district/department would have to pay for a site in the condition described above. 9 AREA DESCRIPTION Location The area in the study is the United City of Yorkville. The city is situated in the north central portion of Kendall County and is located +/- 50 miles southwest of downtown Chicago. Nearby communities include Montgomery and Oswego to the northeast;Plano to the west, and Sugar Grove to north. Unincorporated areas of Kendall County are immediately adjacent to Yorkville in all directions. These are primarily undeveloped land areas with potential for future annexation to the city. A significant natural asset is the Fox River which generally flows east to west through the city. Yorkville was incorporated in 1887. It is the county seat. Population and Housing Characteristics According to the U S Census, Yorkville had a population in 2010 of 16,921. This represented a 173% increase over the 2000 Census estimate of 6,189. The 2000 estimate represented a 58% increase over the 1990 population of 3,925. Yorkville had enjoyed steady growth during the early and middle years of the previous decade and was one of the fastest growing communities in one of the fastest growing counties in the country. Due to oversupply of residential properties, new construction is down significantly in the last four plus years. The census indicated that there were 6,353 total housing units of which 5,912 units were occupied. The 2010 census figures indicate the median household income was estimated at $82,007 and the median age was estimated to be 32.4 years. The average household size was reported as 2.84 persons. The average family size was reported as 3.11 persons. Yorkville is inhabited primarily by single family homeowners. Most homes have been built within the past 20 years and are situated in well planned tract subdivisions. Until the slowdown in the real estate market, extensive residential development had been taking place throughout the city. According to the multiple listing service, single family home prices ranged from $50,000 to $840,000 over the past 12 months. The average detached single-family home selling price is reported in the multiple listing service at$211,956 over the last 12 months. There are a number of multi-family developments located in town. Most apartments are found in 2 to 6 unit buildings scattered throughout town. Condominium and townhouses typically range in price from about $16,000 to $274,000, with an average selling price of$75,211 over the past 12 months as reported in the multiple listing service. 10 Commerce and Industry Yorkville has a relatively small downtown shopping district located along Bridge Street (Route 47) and the Fox River. Many of the older storefronts have been refurbished in recent years. The greatest concentration of commercial development is found near the intersection of Routes 34 and 47. This intersection is billed as the busiest in Kendall County. A Menard's anchors the northeast quadrant. In addition to the home improvement store, several outlots have been and are currently under development on the 269 acre total tract. The southeast quadrant features a new Jewel Foods Store anchored shopping center. Heading west on Route 34 are numerous new commercial ventures including the regional Kendall Marketplace with such major retailers as Target Superstore, Kohl's and Home Depot. Major shopping needs are further served by the Fox Valley Mall area in Aurora. There is a large Caterpillar Tractor plant located northeast of Yorkville near Montgomery. This plant employs over 3,200 people. There are industrial areas in the north and south end of town. Major employers include Wrigley- Amurol Confections and Boombah. The latter recently opened a 265,000 square foot facility on 21 acres. Being the county seat, there are a number of government offices in Yorkville, as well. Many of these are new, modern structures. Transportation Transportation is predominantly by private automobile. The East-West Tollway (Interstate 88) is located + 9 miles north of town. The tollway provides convenient access to Chicago and surrounding suburban communities. Interstate 55 is located about 11 miles from Yorkville with Interstate 80 being about 19 miles away. Other major access routes in the area include Route 34, Route 30, Route 71, and Route 47. Commuter train service is available via the Burlington Northern Railroad in Aurora. Aurora Airport is located +8 miles northwest of town. O'Hare International Airport is approximately 50 miles northeast and is easily accessible via the Illinois Tollway System. Also,Midway Airport is about 43 miles away from the city. Community FacilitiesNillage Services The community is served by Yorkville Community Unit School District 115. The average ACT score for Yorkville High School was above the statewide average. Places of worship of numerous denominations can be found within Yorkville or in nearby towns. There is a rescue squad and 911 service in the city. Rush-Copley Hospital is located ten miles northeast of town and several medical clinics also serve the area. We do note that Rush-Copley has a clinic and emergency room in Yorkville. The local park board administers numerous acres of parks and various other recreational facilities. The 38,000 square foot REC center houses an indoor track, lap pool,whirlpool, open gym and fitness equipment. Numerous classes are offered here. Nearby recreational facilities include 11 Silver Springs State Park and the Hoover Outdoor Education Center, a 406 acre facility operated by the Kendall County Forest Preserve. The Fox Valley Family YMCA, which is located just outside Yorkville, also sponsors a number of programs. Yorkville is home to Raging Waves which is the largest water amusement park in the state. The city's well water supply and treatment facility has significant excess capacity. Wastewater treatment facilities are provided by Yorkville Bristol Sanitary District by means of a secondary plant. Wastewater treatment facilities are also provided by the Fox Metro Sanitary District which has ample capacity. Electricity is provided by Commonwealth Edison; natural gas by the Northern Illinois Gas Company; and telephone service is provided by AT&T. Comcast is the cable provider. Yorkville provides full-time police protection. Fire protection is provided by f the Bristol-Kendall Fire Protection Department which covers the city and outlying areas. 12 MARKET CONDITIONS The real estate market is currently in a down cycle. Property values have been declining and demand has stalled, resulting in longer marketing times. This is due in part to the persistent sluggish national economy. High unemployment continues to persist. Supply far outweighs demand at this time. The exact time period as to when the real estate market will improve is unknown and opinions vary significantly among different professionals that are involved in the local and general real estate market. The present credit crunch has exacerbated the conditions. Project feasibility has diminished if it exists at all. Vastly insufficient returns, if any, do not provide the necessary incentive to attract and maintain a developer's interest. New development typically does not justify construction costs. Based on numerous conversations with market participants - such as brokers, developers, lenders and municipal officials, - the limited activity that is seen is for owner users or speculative investors. The latter typically require ample discounts due to the uncertainty and risk of when market conditions will improve. Continued reports in the media state statistics citing the re-pricing that is taking place and the increased marketing times. Some respondents refer to market conditions as a malaise with prices being in a freefall. Also, there is a significant inventory of surplus land, condominiums and houses in the Yorkville market area. Interviews with local brokers report that negotiations presently taking place reflect that buyers do not see improvement in demand any time in the near future. Accordingly, prices reflect the lengthier anticipated holding periods. Also, most lenders we talk to report more planned "workouts" for builders and developers struggling with cash flow. This situation is likely to put additional pressure on re-pricing currently taking place. This could come in the form of additional foreclosures. Many lenders took mortgaged land back from developers and builders in the last several years. Some of these lenders intended to hold these properties in their portfolios until improvement in market conditions. When this never materialized, they tired of the holding costs and many properties came on the market. In some improved subdivisions, holding costs could come in the form of not only real estate taxes but also association dues. For raw land, at least the properties could be farmed and continue to be assessed as farmland with their lower taxes. Many property owners are drowning in debt, lenders are not significantly lending and for many real estate investors, property income flows are declining. There is an unprecedented avoidance of risk. We believe that financial institutions will continue to be pressured into moving bad loans off balance sheets, using auctions to speed up the process. The current real estate market is changing and the economic recession we thought we had in early 2008 has turned out to be much deeper and longer and has inflicted much more damage to the commercial and residential real estate industries than anyone expected. 13 The overall real estate market is not likely to recover until the unemployment rate decreases significantly. According to the Illinois Department of Employment Security, Illinois had an unemployment rate as of March 2012 of 8.8%, which is down significantly from the March 2011 rate of 9.3%. Kendall County had an unemployment rate as of March 2012 of 8.3%, which is down slightly from the March 2011 rate of 8.5%. The following table summarizes pricing levels for single family detached residences in the Yorkville market over the last several years. The data was taken from the local multiple listing service. NUMBER OF YEAR SINGLE- AVERAGE AVERAGE MARKETING FAMILY SELLING PRICE TIME SALES 2007 234 $309,513 166 days 2008 203 $293,744 217 days 2009 206 $240,157 196 days 2010 260 $211,967 190 days 2011 211 $230,084 196 days 2012-4 54 $205,508 186 days months The overall price decline for single-family detached residences in Yorkville from 2007 through 2011 was about 25%. Like many communities, Yorkville appears to have a high percentage of foreclosure and short sale transactions relative to total sales of single-family homes. This trend has had a negative effect on values. There are currently 153 active single-family listings in Yorkville with an average marketing time of 199 days. The asking prices range from $40,800 to $1,299,000 with an average asking price of about$296,000 and a median price of$253,000. 14 Also, the amount of permit activity has dropped off significantly in Yorkville and nearby areas. SOCDS building permits database reports the following new construction building permit activity for the Yorkville, Oswego and Kendall County as a whole: Single Family Housing Unit Building Permits Year 2007 2008 2009 2010 2011 2012-3 months Yorkville 413 158 64 42 43 13 Oswego 434 149 136 116 112 24 Kendall County 1,061 349 217 171 169 39 We have considered data presented by such firms as Metrostudy. This data generally indicates that the greater Yorkville area has significant inventory of developed lots and that absorption has been extremely slowed. This factor has put downward pressure on lot values as well as raw acreage values. We were provided sales figures for several ongoing single family developments in Yorkville by Metrostudy. These reflect house/lot packages. These absorption rates are tempered by the fact that sales within these developments began from 2002 thru 2007, which were more favorable real estate markets. Current absorption is lower within these developments. This is true not only of the Yorkville market area but also the metropolitan area as well. Some key statistics found in the first quarter data supplied by Metrostudy indicates that there are currently 2,137 vacant developed lots and 20,768 future lots in the Yorkville planning jurisdiction based on approved plats, potential annexations, etc. This could translate into a 20 year supply or higher. The vast majority of this actual and potential supply is slated for single family detached product. 15 VALUATION ANALYSIS In order to estimate the value of the representative acreage, we have utilized the Sales Comparison Approach. This is the primary and most recognized method utilized in valuing vacant land. In the Sales Comparison Approach, market value is estimated by comparing the subject property to similar properties that have recently sold, are listed for sale or are under contract. A major premise of the Sales Comparison Approach is that the market value of a property is directly related to the prices of comparable, competitive properties. This approach focuses on similarities and differences among properties that affect value. Adjustments for differences are made to the price of each comparable property to make the comparables similar to the subject on the effective date of the value estimate. The basic steps involved in the application of this approach are as follows: 1. Conduct research to obtain information on sales transactions, listings and pending offers for properties that are similar to the subject in terms of characteristics such as property type, date of sale, zoning,highest and best use, size and location. 2. Verify the information by confirming that the data obtained are factually accurate and that the transactions reflect arm's length considerations. 3. Analyze the data on the basis of a common and relevant unit of comparison, such as price per square foot or price per acre. 4. Compare the sale properties with the subject and adjust the sale price of each comparable for all significant differences that have an effect on value. 5. Summarize the analysis of the data and estimate a final value conclusion. The sales on the following pages were selected as the most comparable in order to arrive at a Market Value for the representative acreage. Pertinent data is presented for each sale property and is followed by an analysis of the sales and final conclusions regarding the value of representative acreage of improved residential land. 16 LAND SALE NO. 1 Evergreen Farm Estates SEC&NEC Fox Road and Pavillion Road(as extended) Kendall Township Yorkville PIN: 05-06-100-102 et. al Lot Size: 48.88 acres Zoning: R-2, One Family Residence District Planned No. of Lots: 76 (Concept) Density: 1.55 lots per acre Utilities: Require extensions Date of Sale: December 2011 Sale Price: $414,800 Sale Terms: Cash to seller Grantor: PB OREO LLC Grantee: Brandon Road Properties LLC Document Number: Not reported Sale Price per Acre: $8,486 Sale Price per Lot: $5,458 Comments: Bank owned property which consists of two parcels bisected by Fox Road. The northerly portion backs to railroad tracks. This was purchased as an investment. Parcel approved for subdivision but would have significant off-site improvement costs including utility recapture. 17 LAND SALE NO. 2 Grande Reserve Yorkville Bristol Township PIN(s): 01-36-201-013 Lot Size: ±877 acres (as reported by the buyer) Zoning: R-2, One Family Residence District PUD Planned No. of Units: 2,212 Density: 2.35 units per acre- Overall project Utilities: Immediately available (with most installed) Date of Sale: February 2012 Sale Price: $10,800,000 Sale Terms: Cash to Seller Grantor: Bank of America Corporation Grantee: Avanti Properties Group. Document Numbers: R2012-059613 Sale Price per Acre: $12,315 Sale Price per Lot: N/A Comments: This sale involved the remaining land area of the Grande Reserve master planned community. The entire project included approximately 1,127 acres. The total number of units planned was 2,650 - which was to be comprised of mostly single family detached residences. The total project density was to be 2.35 units per acre. This includes acres of stormwater management, open space and trails. Portions of the project had been sold to different builders in the mid 2000s. This sale land acquisition was sold by the foreclosing lender. A significant portion of the land acquired in this transaction included finished lots. 18 LAND SALE NO. 3 Hunt Club West— West Side of Minkler Road Oswego Bristol Township PIN(s): 02-25-300-008 and 02-25-400-002 Lot Size: 51.67 Acres Zoning: R-2, Single Family Residence District Planned No. of Lots: 58 Density: 1.12 lots per acre Utilities: Immediately available Date of Sale: March 2012 Sale Price: $645,875 Sale Terms: Cash to Seller Grantor: Hovsite Hunt Club LLC Grantee: Donald J. Harriman Document Number: R2012-00005989 Sale Price per Acre: $12,500 Sale Price per Lot: $11,136 Comments: This was part of a former Town and Country (Pinnacle Corporation) approved project. Land area includes an 11.3 acre stormwater management site and a 2.3 acre site. A number of annexation and infrastructure fees had been prepaid and credits exist for tap on fees. Asking price was $15,000 per acre. 19 LAND SALE NO. 4 Blackberry Woods Lots along Carly Circle et. al. Bristol Township Yorkville PIN(s): 02-29-123-015 et.al. Lot Size: 59.51 acres Zoning: R2 - One Family Residential Planned No. of Lots: 105 Density: 1.92 lots per acre project wide Utilities: Immediately available and some installed Date of Sale: June 2010 Sale Price: $1,647,500 Sale Tends: Cash to Seller, Grantor: Castle Bank N.A.. Grantee: Crestview Builders Document Number: 2010-00010916 Sale Price per Acre: $27,684 Sale Price per Lot: $15,690 Comments: This transaction involved the remaining unsold lots in the Blackberry Woods subdivision. About 62% of the lots were fully improved with the remainder platted but requiring the streets to be improved. It was sold on the basis of price per lot rather than price per acre. In fact, we have not been able to verify if the reported acreage is correct in Costar reporting service. We note that the majority of this property(100 lots)is back on the market with an asking price of$18,000 per lot. 20 LAND SALE NO. 5 3663 Plainfield Road Oswego Township Oswego P.O. PIN(s): 03-28-100-008 and 03-28-200-007. Lot Size: +/- 82 Acres Zoning: Agricultural Planned No. of Lots: 133 engineered Density: 1.62 lots per acre Utilities: Require extension Date of Sale: December 2011 Sale Price: $1,194,870 Sale Terms: Cash to Seller Grantor: Melrose Holdings LLC Grantee: Brandon Road Properties LLC Document Number: 2012-00000679 Sale Price per Acre: $14,572 Sale Price per Lot: $8,984 Comments: This is a trapezoid shaped parcel adjacent to the village but not annexed. Reportedly, a concept plan was in place for 133 single family homesites. It appears that Morgan Creek traverses the southern portion of the property. 21 LAND SALE NO. 6 SWQ Naperville Road and 127"'Street Wheatland Township Plainfield PIN: 01-35-100-007 et. al. Lot Size: ±128.47 acres Zoning: R-1 Village Planned No. of Lots: 162 Density: 1.26 units per acre Utilities: At lot line Date of Sale: June 2011 Sale Price: $2,100,000 Sale Terms: Cash to Seller Grantor: Wheatland Bank and Trust Co. Grantee: Riverstone Plainfield LLC Document Number: 2011-60787 Sale Price per Acre: $16,346 Sale Price per Lot: $12,963 Comments: This was sold by a foreclosing bank. It is an irregularly shaped parcel which is within the corporate limits and had received preliminary approval for 162 SFRs to be known as Riverstone. The Dupage River bisects parcel and the parcel has about 40%flood plain. 22 LAND SALE NO. 7 East side of Ridge Road, southeast of Plainfield Road Na-Au-Say Township Plainfield PIN(s): 06-01-400-002 Lot Size: 125.72 acres Zoning: R-1 Planned No. of Lots: See below Density: 5.5 units per acre potential Utilities: Require Extension Date of Sale: March 2011 Sale Price: $2,350,000 Sale Terms: Cash to Seller Grantor: First Midwest Bank Grantee: S and E Investments LLC Series 5 Document Number: 2011-00007133 Sale Price per Acre: $18,692 Sale Price per Lot: N/A Comments: This is an irregularly shaped parcel which is mostly level. Significant building improvements with one being used for an Head Start facility. The improvements offer contributory value on an interim basis. No flood plain. Seller was a foreclosing lender. 23 LAND SALE NO. 8 NEC Dickson and Galena Roads Bristol Township Montgomery PIN(s): 02-11-151-002 and 02-10-251-004 Lot Size: 114.078 acres Zoning: R-3 and R5B PUD Planned No. of Lots: 319 including some townhouses Density: 2.796 units per acre Utilities: Available Date of Sale: December 2011 Sale Price: $1,532,520 Sale Terms: Cash to Seller Grantor: Jericho Holdings LLC Grantee: Dickson Galena LLC Document Number: 2012-00000184 Sale Price per Acre: $13,434 Sale Price per Lot: $4,804 Comments: This parcel was sold by a builder who had previously obtained annexation and preliminary approval for 319 units. The site plan included 21 acres of open space as well as a donation of 25 acres to the forest preserve. Utilities are at the perimeter of the parcel but would have to be extended. 24 COMPARABLE ACREAGE LAND SALES MAP S ar G ve Hur lsl Ora f3rdst yf 64 r aT! $$ er — +,�{f o 3p KAN �r ^ DU83 ,{ Mgntgomery Hd 31 a ontgoM 29 Y a 24 t 1 ........ { ......................... 25 ......................• = 34 30 95t St rte' f x Nape iglu L I N 0 5 03rd St Stepping 04th St_ 13 ones Park r 9A 59 67 St- C. F g Park t _ ristol +' 14 1p �� —Oswegh W 1 1th St 11t St m. . 84 J v 6k Purcell Park ppY�� v 4 e 47 REP� D, ALL WILL 7 c n �,neide ark _— T C' v 4 4- �' Simo s Rd 12 h St• W 127t W 1 th St G r Melmon Lyn f i'1 Walker's Grove 22 Tot Park orkville 71 5th St r' J 69 ,126 ''> I Plairtfeld W Lockport Rd LLLnght G and P 1988-2010 Mcrosoft Corporation andlor is suppliers.A ri hts reserved. 126 25 MARKET DATA ANALYSIS AND VALUE CONCLUSIONS The preceding acreage sales have been analyzed and adjusted for varying features. Adjustments are made to the comparables to reflect what we feel would represent standard acreage with no outstanding parcel features. As stated before, Yorkville is a growing community with ample developable land remaining. It is surrounded by significant agricultural lands which offer potential development. Some of the sales cited are from outside Yorkville but are used here as supplementary data to support our value conclusion. These additional sales are comparable because they are generally in the same sub-market and appeal to the same potential buyers. It is important to note that extremely soft demand for residential lots has eliminated many potential builder buyers. Increasingly, buyers of land are investors taking advantage of relatively low prices compared to several years ago. In all cases, locational differences have been accounted for. We have attempted to cite sales in the last few years as they are considered most indicative of current market conditions. Older sales would have to be adjusted downward because of continued evidence of declining prices. Additionally, a key factor taken into account is the degree of the "improved" nature of the comparables. To the best of our knowledge, the reported acreage sizes of the comparables are net of any exterior street rights-of-way. The primary sales selected are summarized as follows: Sale No. Location No. Date of Sale Density— Sale Price per Sale Price per Acres Lots/Acre Acre Lot 1 Yorkville 48.88 December 2011 1.55 $8,486 $5,458 2 Yorkville 877 February 2012 2.27 $12,315 N/A 3 Oswego 51.67 March 2012 1.12 $12,500 $11,136 4 Yorkville 59.51 June 2010 1.62 $27,684 $15,690 5 Oswego PO 82 December 2011 1.62 $14,572 $8,984 6 Plainfield 128.47 June 2011 1.26 $16,346 $12,963 7 Plainfield 125.72 March 2011 N/A $18,692 N/A 8 Montgomery 114.078 1 December 2011 2.78 $13,434 $4.804 Most of the comparables involved some off-site costs. This is usually either in the form of extension of utilities to the perimeter of the site or road improvements to the existing street frontage. With most of the comparables, it is difficult to discern the breakdown of these type costs. However, we have reviewed a number of Engineer's Estimate of Probable Cost opinions from proposed 26 subdivisions with which we are familiar. These generally range from$65,000 to $90,000 per acre. It is important to note that much of this is dated because little activity has taken place in recent years. However, the costs referenced above typically include installation of new streets and extension of utilities into the new streets. This total cost range has the majority of expenditures allocated to items that a developer dedicating a site would not be responsible for. In other words, only a small portion of the cost range is typically for"off-site"costs. We have analyzed the above referenced data and have allocated costs associated with installing curbs and gutters and grading. We have also referred to the Marshall Valuation Service, which is a nationally published cost manual utilizing data compiled by appraisers, estimators, and statisticians. The vast majority of sellers are lenders or troubled developers. While in stable market conditions this factor might require a "conditions of sale" adjustment, it does not hold true when it represents the predominant market activity. An interesting note is that agricultural or farmland prices are nearing or equal to speculative development land prices. Sale 1 is one of the local sales. It is more raw in nature than what we are considering as representative improved acreage. In other words, it is not improved to the same degree as what would be required under the dedication ordinance, i.e. as having utilities immediately available. It is adjusted considerably upward. Sale 2 is the largest sale cited. It is more regional in scope. While an upward adjustment is required for its massive size, this is partially offset by the fact that most of the lots are improved. The overall adjustment is upward. Sale 3 is a recent sale which is annexed and zoned but it requires an upward adjustment for its less finished condition. The net adjustment is upward. Sale 4 is the oldest sale cited. It is cited primarily because it is in the heart of the city. It requires a downward date of sale adjustment because of continued depreciation in land prices over the last two years. It sold in a stronger market. We reiterate that the 100 of the lots are back on the market at a higher asking price per lot and per acre. The majority of the lots are finished. Sale 5's overall location is considered slightly superior and a downward adjustment is required. It is adjusted upward for the added expense of utility extension. Also, it appears to be affected by some flood plain. The net adjustment is upward. Sale 6 is located in Plainfield and a downward location adjustment is warranted. This is more than offset by the reported flood plain. The river offers a view amenity. It is adjusted upward for the higher costs of utility extension. The net adjustment is upward. 27 Sale 7 is unincorporated but adjacent to the Village of Plainfield. It is not platted. The comprehensive plan shows this area as potential mid density residential. The configuration and topography of this parcel would likely result in a higher density than what we believe is representative. A downward adjustment is required for the contributory value of the existing building improvements. It is adjusted upward for the lack of adjacent utilities. A net upward adjustment is warranted. Sale 8 is a parcel with a greater density than what we have opined as representative. It is adjusted downward for this factor. It is adjusted upward for its required site improvement costs. The overall adjustment is upward. Summary The preceding sales range in sale price from $8,486 to $27,684 per acre. The lower end of the range is represented by less improved acreage. The upper end of the range is represented by sales in superior locations or having greater improvements. The preceding acreage sales have been analyzed and adjusted as noted above. After making this analysis, and taking into account current supply/demand conditions for residential land and all other pertinent factors, we are of the opinion that the market value of representative residential improved acreage, as defined, is $30,000 per acre. This is above the range of the sales but is considered appropriate based on our previous analysis and especially taking into account the defmition of the improved acreage (and its related cost to deliver such a property). Value per Lot Anal It should be noted that our valuation of $30,000 per acre reflects a value range of $15,000 to $20,000 per lot, based on our estimated representative density of 1.5 to 2.0 lots per acre. This value per lot range is above the parameters indicated by the comparable sales. The price per lot unit of comparison is typically very meaningful during stable market because a developer is usually more concerned with how many lots are possible,the potential sale price of the lots and/or homes and the profit potential per lot. In today's unstable market conditions, entitlements do not carry the weight that they once did. The price per acre is given primary emphasis in this assignment because it would be speculative to assume a specific density. Nevertheless, density is a pertinent factor and it has been given consideration in our price per acre analysis. However, it is not the only factor that affects single family land values. All pertinent elements of comparison have been taken into account. 28 Supplemental Analysis—Price per acre indicated by individual lot prices. We have also considered the sale of individual lots in the Yorkville area. The range of indicated sale prices per acre is $14,250 to $125,389. This is a very wide range but should be expected in unstable market conditions. The top end of the range is represented by the oldest sale cited. Prices have declined since this sale occurred. Many of these following sales are in well and septic areas. Thus, while improved for a residential structure, they do not meet the criterion of improved acreage as defined in this assignment. The smaller lots within the corporate limits do meet this criterion but are considerably smaller than the subject. Thus, they would be adjusted downward for this size differential. SUMMARY OF COMPARABLE LOT SALES Indicated Sale Indicated Sale Sale Sale S/F Acre Price per Sale Price No. Location Date Price Size Size S/F per Acre Comments 1979 Meadowlake Relatively standard lot 1 Country Hills Feb-12 $14,000 12,150 0.279 $1.15 $50,193 sold by foreclosing lender. Standard lot. Initial asking 362 Westwind price of$26,000, reduced 2 Briarwood Dec-11 $8,500 17,500 0.402 $0.49 $21,158 to$9,500. Standard lot. Reported 3 Lot 124 Country Hills Jul-11 $23,000 9,600 0.220 $2.40 $104,363 exercise of option. Lot 46 Audrey Lane Standard lot, well and 4 Rosehill Mar-12 $25,000 30,000 0.689 $0.83 $36,300 septic area. Golf course community, well and septic required. Allows walkout, backs to 7451 Fairway- golf course. Reported 5 Whitetail Ridge Mar-12 $34,000 33,000 0.758 $1.03 $44,880 short sale. Foreclosure sale of of in area of well and septic Lot 23 Tanglewood sites. Elevated lot 6 Trail Jan-12 $14,250 43,560 1.000 $0.33 $14,250 overlooks valley. Lot 43 Danielle Fields of Farm Short sale of lot in well 7 Colony May-12 $27,000 43,560 1.000 $0.62 $27,000 and septic area. Older sale of an infill lot. 461 Omaha Drive Bank owned -foreclosure. 8 Heartland Circle Jul-10 $30,000 10,422 0.239 $2.88 $125,389 75'foot frontage. 29 Also considered is an April 2012 sale of 14 improved lots along Cryder Way in the Grande Reserve planned unit development. Each lot is reportedly about one quarter acre, or 11,200 square feet. This bulk lot purchase sold for$70,000, or$5,000 per lot. The sale price per acre was $19,444. This was a bank owned property originally listed for sale at$98,000. The analysis of individual lots compared to acreage should not be construed as directly comparable. Nonetheless, we believe certain parallels exist and the analysis offers support for our conclusion found on Page 27. EXCERPTS FROM ORDINANCE 2009-50 IE 4: PARK-IMPROVEMENT STANDARDS A. lark Design:The following erittraa are considered desirable traits for a park to be acceptable to the United Cite of Yorkville, I. Size: Park size shall nwet the requirements of the Park Department Master Plan,and the approval of the Park Board. Plan must also be appraved per City Stoffcomment. 2. Location: Park loralion shall he close to the geographic center rf the population served,or as approved by the Park Board. 3. School/Park Site:Turk and school property located in the;none development may be Ideated and developed in the best interest of Wth parties, 4_ Service Area:Shall serve residential areas w khin one-half(!/3)mile radius from pedestrian barriers_A pedestrian barrier is defined as: a. Any street presently classified or planned by the United City ofYurkvitic, Kendall County,or State of 1 IIinois as major arterial street or highway, K Any street with speed limits over 34 miles per Imur. c, Collector streets with an average daily traffic count exceeding;3501 cars and stop sites or stop lights further than cone-half mile (�i)mile apart. d. Railroad tracks. e. Natural barriers. f. Lana use barriers. 5, Dimensions: Parrs shall havca minimum dimension of 450 feet on all sides if(lie acreage of the park allows. 6. Strut Frontagc: Street frontage shall be the full length ofthe park on a minimum of two of its sides,Said streets shall be local or collector streets within the nei "rhood.Additional access lots provided shall be a minimum of forty(40')feet in width.Where a school site is adjacent to a park site the schoaI site can be comidered as one or the two requited sttM frontages, Reasons f€trstrr<et frontage inc ltodc: a. Enhanced security and visibility. b. tin-stet parkin;availabi lily. c. Encourages users to access the park through trail for sidewalk connections. d. Encourages neighborhood to take ctrr`ncrship and responsibility for their park, 7. Adjoining Developments: Whenever pos-sible,the dedicated parcel shall he combined with dedications from adjoin ing developmvcnts. - It- B. liming of Dedication and Acceptanee:All requirements staled herein for acceptance:of th-e site shall be completed to the satisfaction of the City- 1, Final grading a. The City encourages, whenever possible.that at the time rough,grading,anti placement of topsoil is completed ern the first residential structure ufa particular unit development,the park site(s)should also be completed and ready for grading and seeding or sod diag. b. The City will veH6—that all requirerntiats have been met and tear site is rea-dy far Turf. Final acceptance of the site is determinate on the condition of the turFas stated herein these requirements. c. In cams or more than one park site.or I!near parkways.the developer shall determine a scheduk of completion with the approval of the City, I Boundaries: The developer shall be required to install permtGywrn metal bnundary markers at each corner or the pmrk site.Markers shall lac(if typicaI rederall style aluminum wwker four(4")inches in diameter that can be placed on top cif ti rebftr. 3. Natural State:The City tw the option to require conveyance of areas designated to be- maintained in a natural:slate prkwto commencement of any site work.A separate site-specific plat of conveyance shall be prepared and submitted prior to issuance of any permits.The developer is responsible for securing all areas to be conveyed in a natural state with temporary fencing From the time the areas are platted to conveyance of the remainder of the site. 4. Environmental Assessment: For all lands to be dedicated to the Civv.the developer shall provide a minimum of Phase I Environmental nssessme..r, produced by a recognized consultant_This assessment shall check for hidden,or Lm'1%_110 4'n enAronmental factors including.but not limited to,buried or cep at onwated sails and aquifers.underground storage tanks.and dump riles. C. Utilities: Unless otherwise authorized by the City,each park site shall he fully unproved with water.sanitary sewer.storm sewer.and electric service to a locatlon specified and approved by the City. I, At the time of installation of public improvements in the subdivision or planned unit de-,vlopment.The IocWon shall be approved by the City=and shown*n,the approved engineerling plans. 2, The site shall be free of all private prdeits,wotydpiles.saving sets,strap pump discharge plpts.and other items that give the impression that a portion of the site is part of the adjacent property.No sump primps shat I discharge directly onto the site. unless connected to a catch basin on the site irapproved by local authorities and the -12- United City pfYorkviIIt.No private utilities.water.sewer.or drainage lines shall be located on City property. Any overflow path Roust be approved by City Staff. 3- 'No blanket Public UIHity Drainage Eas inent.including storm sewer and overland st+prmwater mm—kagern!ent*can be located through or across a future park site.The park site cannot function as a slonri water control facility unless the site is a Jetention basin that is to be conveyed to the City or the developer is given City approval, 4- Per!rnetereas ment.s area allowed by Staffapprnval- D- Topsoil 1. Suitable materiel-. a. Topsoil shall be a loamy mixture SUS @A Loam.Sandy Loam.or Silty Loam soil) with an arg;anic+content between five(Plj) percent and ten.(M)percent. At least 44 mast pass the 2.00 nnrn(No, 10)sieve and the pH must be bctliv n, 5-0 and 9.0.from the``A horizon-of local sail profiles.Topsoil shall be capably ofsmpparting die Scruninatign of vcgetaWn, It shall not contain toxic suhsullwes harmfu9 to plant growth. b. Topsoil shall be typical of the locality of the wont. tilled to the sati5factien rXd city.free from large rc-lets.sticks.wends.brush.subsoil.clay lumps.or staiies larger th a one(l") inch in diameter or other litter and waste products. c. Subbase for paved surfaces(asphalt courls.paths,etc.)shall be clay that nets the requirements of Section 204 ol`the Standard SpecifiCations. It shall be free from topsoil.organic artattcr(rGot&tree stumps,ctc.)" nicks larger than three W)inches in size.and building debris. ?. Unsuitable material-, a. For paved areas, the soil i cannot be highly organic soil;contain topsoil.ructs.tree stunnps.vegetable matter.trash,and debris. b- Any unsuitable material found on the site must be rcinoved from the site and legally dispest l of. 3. Topsoil resprrading,: a. Topsail shall be spread to a Rninimum depth of six(67)inches across all lawns. clay and embankment filled areas.constructed berms.sledding hills,excavated areas.and aver backf'iJ led areas of all other construction. . t3. b. All irregularities or depressions in the surface clue to weathering or other causes ill be filled or leveled out be Fore the topsoil ;placed. All topsoil finish grades will provide positive drainage over all areas covered. c. IFthe existing surface has become hardened or crusted, it shall be tusked of raked (broken up)to provide a bond betw,°eeii the surface&nd the topsail to be applied. 4. soil stockpile, C=ontractor shall not stockpi le any topsoil or outer sail materials ern the park site without written authorization frprn the City- E. Grading/Filling I. All park areas small maintain a minimum stripe of two(2%)percent,or two(I.-)feet ii, 100 Feet, and a maximum slope of three L3 )percent.or three (Y)feet in 100 feet. The developer steal I submit gradiol;p law to the City for rc view during the geed ing approv4I process. ?. Drainage Wiles may be located on private propetty.either in the,yards of residential units that border the park or in homeowners association piroperty. 11w park site Should have a uniform slope from one end of the property 10 another. 3. There shall be absolutely no burying permitted of site debris-construction debris of rubbish.or any other excrancous nutter on the pant site(s),}areas to receive approved rill shall receive clean 1i11,free of large boulders.concrete.or other debris. The park site may not be used as a borrow pit. #. At a I I tunes during construction.the developer sh€tlI take appropriate precautions and prevent the d1schar&v aWor Clumping of hazardous wastes,liquid or solid.from his or other's operations car, :any sites within the development.including those to be dedicated to the Cily, Uc;ll Police and Fire;Dv+partrnents shall bi notified of any temporary stage of hw:ard ous materials duTing construction. 5, BivirCrnmental Assessrneiit- For al[ lar,els to be dedicated to the+City.the DeveIoper shall provide a minimum of Phases l Grivirarirnental Assessment.produced by a recognized eonsultont,This assessment shall check.For hidden.or unkripwri envirorroinentab/rectors including. but not limited to,buried or contaminated soils and aquifers. undM-round storage tanks.,and dump sites.. 6. An as-built of the final grading ofthe site is required upon completion,This includes The submittal of an AutoCAD druwir u in digital Format with grades shown in orrc t l') fact intervals within 60 days car a i.%ritten request by the City. F. Turf Grass . ra- QUALIFICATIONS OF TIMOTHY J. SULLIVAN,MAI,SRA EXPERIENCE Real Estate Appraiser since 1978. President and owner of DAVID W. PHILLIPS & COMPANY, specializing in the appraisal of multi-family, commercial, industrial, and special use properties. Previous employment included Vice-President with Purcell & Phillips Appraisal Corporation, 1982 to 1991; Staff Appraiser, R. J. Schmitt and Associates, Inc., Real Estate Appraisers/Consultants, 1978 to 1982. EDUCATION University of Illinois at Urbana, Bachelor of Arts Degree in Finance, 1978. Specialized courses and seminars in real estate analysis and valuation include: University of Illinois Principles of Real Estate and Urban Economics Real Estate Investment and Analysis Real Estate Evaluation and Appraisal Appraisal Institute: Introduction to Appraising Real Property Principles of Income Property Appraising Narrative Report Writing Seminar Applied Residential Property Appraising Evaluating Residential Construction Capitalization Theory and Techniques,Parts A and B Standards of Professional Practice Case Studies in Real Estate Valuation Valuation Analysis and Report Writing Condemnation Appraising: Principles and Applications Various seminars sponsored by the Appraisal Institute, the Illinois Coalition of Appraisal Professionals, and other real estate organizations. PROFESSIONAL MEMBERSHIPS AND AFFILIATIONS Member-Appraisal Institute -MAI designation awarded in 2000, SRA designation awarded in 1989. State Certified Real Estate Appraiser- State of Illinois Certificate No. 553.000278; Expires September 30, 2013 Registered Real Estate Broker- State of Illinois Land Cash Contributions Development Value per acre Aspen Ridge Ord 2006-75, 1.88 Park, $392,000, 20' path 1 $80,000 no 8/8/2011 $101,000 no development Autumn Creek Ord. 2005-25 Annex. Agreement 6.94 acres and $810,999, $300,000 withheld for $80,000 no 4/25/2015 $80,000 lots remain park improvements, amount remaining is due to Park Department, if cost goes over Park Dept will pay for building permits Bailey Meadows Ord. 2004-40, owed 10.447 acres, 5.420 acres plus cash not to exceed $369,484.50, $73,500 no 7/13/2004 $101,000 no development conveyed to City within 18 months of final plat approval by CC building permits Blackberry Woods Ord 2005-614.32 acres and $150,000, 50%at recording of final plat and 50%of $80,000 yes 12/18/2018 $80,000 lots remain issuance of building permits in amount of$568.18 per unit Bristol Ridge Ord. 2006-126, $1,653 per single famly home, $1,040 per duplex, $968 per $101,000 no 10/24/2011 $101,000 no development townhome Caledonia Ord. 2003-72 Land Cash of$158,050 and 5 acres $58,000 yes 11/25/2023 $58,000 no cash received Chally Farms Ord 2006-78, owed 8.738 acres, 3.74 acres land, money paid with current ordinance $80,000 no 8/8/2011 $101,000 no development at time of conveyane of park to City Cornelis Crossing Ord. 2006-12, no land, $3,000 per home regardless of bedrooms for each of 31 $80,000 no 2/28/2006 $101,000 no development homes D Construction Property Ord. 2006-72, agreed to donated $3,000 per residential unit $80,000 no 8/8/2011 $101,000 no development Fox Highlands Ord 1997-06 According to standards in place at time. Approx. $671.00 $45,000 no 3/27/2012 $101,000 3 lots remain Grande Reserve Ord. 2003-44, 104. 81 acres in 9 parks, $1,000 cash per unit $58,000 no 7/22/2012 $101,000 Donated 100% land and 100%cash. Not all of parks have been dedicated to the City. Hudson Lakes Ord. 2006-49, does not state acreage of park, shows approx .08 acre site on plat, $80,000 yes 6/13/2011 $101,000 no development whatever is not dedicatd in park will be paid in cash Kendallwood Estates Ord 2006-118, $814 per lot (in 1978 agreement) $15,000 no 9/14/1983 $101,000 roads, ponds, no homes Menards Ord. 2000-32, 7.1 acres plus$277,240 due at time of R-3 plat $58,000 yes 7/13/2020 $58,000 R-3 has not been platted Prestwick Ord. 2005-30 12.938 acres, 6 acres dedicated, City agrees to own and maintain trail $80,000 no 10/7/2010 $101,000 roads, ponds, few homes in place (prelim plat shows 6.20 acres of park), $1,608.81 due per unit ($555,040 total due) River's Edge Ord 2000-04 Land cash requirement of$671.00 per unit to be paid at time of $45,000 no 3/9/2005 $101,000 10 lots remain, at$101,000 rate building permit issuance Schramm Property Ord. 2006-98, fees owed based on rate at time of final plat $101,000 no 9/26/2011 $101,000 no development Montablano Homes (Yorkshire Ord 2005-70, 10 acre park/school site (6 park, 4 school), to be determined 6 months $80,000 no 8/23/2010 $101,000 no development Estates) after annexation and constructed 18 months after annexation. Owe $399,000 from which the park will be developed, and any remaining funds given to the City. Westbury(East Village) Ord 2004-36, 24.035 acres owed, not less than 12 acres land, not to exceed $58,000 no 9/9/2009 $101,000 roads, pond $711,834 in cash, credit of 50%for trail (3.2 acres) Westbury(South Village) Ord. 2005-69, $80,000/acre, 4 acre park site, remainer in cash $80,000 no 8/9/2010 $101,000 no development White Oaks Farm (Units 1-4) Ord. 1988-14 Annex. Agreement. Pg. 4 paragraph 4 states developer to pay Land $15,000 no 8/25/1998 $101,000 5 lots undeveloped Cash plus $1,150.00 per lot @ time of building permit issuance. 10 year agreement term. C:\Documents and Settings\LPickering\Local Settings\Temporary Internet Files\Content.Outlook\JUHBOVEB\Effect of revising land-cash Wildwood Ord 1983-07, owed per lot at time of building permit with most current ordinance at $15,000 no 4/14/1993 $101,000 3 lots remain time of final plat (unknown at this time), 3 lots remain Windett Ridge Ord. 2002-50, 7.4 acres of park, 3.4 acres of bike path, meeting 10.8 acres required $45,000 yes 6/8/2015 $45,000 roads, ponds, homes in place per land-cash, developer will give $50,000 for tot lot on park site, to be constructed w/in 1 year of payment,to be paid at recordation of Unit 2 plat (not yet recorded) Woodworth Ord 1998-15- Donation of$1,150.00 at building permit $45,000 no 8/25/1998 $101,000 no development Wynstone Townhomes Ord 2007-51, 1.23 acres plus $124,230 cash $101,000 no 7/10/2012 $101,000 no development Yorkwood Estates Ord. 2006-81, owe 6.938 acres, will donate 1.85 acres and reminder of cash to be $80,000 no 8/8/2011 $101,000 no development given at time of conveyance. Yorkville Crossings Ord. 2000-34, beach front parkof 5 acres on the regional stormwater detention $45,000 yes 7/13/2020 $45,000 no development basin Fee lock in place Increase, development has begun, lots remain undeveloped 10 lots or fewer remain in the development, no developer Expired fee lock, increase in land-cash donation, but land has not been developed, only platted Land Cash Ordinance No. Land Cash Value 1977-13 $15,000/acre 1990-16 $25,000/acre 1996-3 $45,000/acre 2003-12 $58,000/acre 2004-22 $73,500/acre 2005-37 $80,000/acre 2006-91 $101,000/acre C:\Documents and Settings\LPickering\Local Settings\Temporary Internet Files\Content.Outlook\JUHBOVEB\Effect of revising land-cash ,SAD Co. Reviewed By: Agenda Item Number i d01% Legal ❑ CA#1 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ❑ Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ PW 2012-46 Police ALE �► � Public Works Parks and Recreation ❑ Agenda Item Summary Memo Title: Water Department Reports for May and June 2012 Meeting and Date: COW—August 14, 2012 Synopsis: Monthly water reports for May and June 2012 Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: United City of Yorkville M M36 WATER DEPARTMENT REPORT May 2012 MONTH / YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FE FE FE GALLONS 3 1335 510 120 6,889,000 4 1393 542 570 16,569,000 7 1527 1125 430 4,293,900 8 1384 840 463 7,570,000 9 1368 861 550 27,644,000 TOTAL 42,965,900 CURRENT MONTH'S PUMPAGE IS 10,079,100 GALLONS IeSS THAN LAST MONTH 13,934,300 GALLONS less THAN LAST YEAR DAILY AVERAGE PUMPED: 1,385,996 GALLONS DAILY MAXIMUM PUMPED: 1,440,000 GALLONS DAILY AVERAGE PER CAPITA USE: 81.52 GALLONS WATER TREATMENT: CHLORINE: 1903 LBS. FED CALCULATED CONCENTRATION: .19 MG/L FLUORIDE: 746 LBS. FED CALCULATED CONCENTRATION: .48 MG/L POLYPHOSPHATE: 1422 LBS. FED CALCULATED CONCENTRATION: .25 MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY: 18 SATISFACTORY 0 UNSATISFACTORY (EXPLAIN) FLUORIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 1.0 MG/L MAINTENANCE: NUMBER OF METERS REPLACED: 4 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 MXU'S: 10 NEW CUSTOMERS: RESIDENTIAL: 9 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS: 1 main break at 1612 Cypress Ct. Lost 360,000 gallons of water due to leak United City of Yorkville a WATER DEPARTMENT REPORT �4 <ILL.E JUNE 2012 MONTH / YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FE FE FE GALLONS 3 1335 510 120 10,734,000 4 1393 542 488 18,939,000 7 1527 1125 430 6,219,800 8 1384 840 344 8,851,000 9 1368 861 451 34,261,000 TOTAL 73,414,800 CURRENT MONTH'S PUMPAGE IS 30,448,900 GALLONS more THAN LAST MONTH 15,880,500 GALLONS more THAN LAST YEAR DAILY AVERAGE PUMPED: 3,414,800 GALLONS DAILY MAXIMUM PUMPED: 3,246,000 GALLONS DAILY AVERAGE PER CAPITA USE: 190.9 GALLONS WATER TREATMENT: CHLORINE: 2158 LBS. FED CALCULATED CONCENTRATION: .28 MG/L FLUORIDE: 861 LBS. FED CALCULATED CONCENTRATION: .71 MG/L POLYPHOSPHATE: 1840 LBS. FED CALCULATED CONCENTRATION: .33 MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY: 18 SATISFACTORY 0_UNSATISFACTORY (EXPLAIN) FLUORIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 1.0 MG/L MAINTENANCE: NUMBER OF METERS REPLACED: 6 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 MXU'S: 5 NEW CUSTOMERS: RESIDENTIAL: 8 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS: Main break at Adrian and Blaine St. Lost 4.3 MG water A. D CO. Reviewed By: Agenda Item Number .�� 0+ Legal ❑ CA#2 Finance EST. 1836 Engineer ❑ ~=� City Administrator Tracking Number d �I Human Resources ❑ 'f► 2Q Community Development ❑ ADM 2012-45 '+ Police F-1 CLE ti�'� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Banking RFP Meeting and Date: COW—August 14, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: Memorandum To: Mayor and City Council EST. -,l 1836 From: Rob Fredrickson, Finance Director .4 y Date: August 9, 2012 p� az 2p� Subject: Banking Services-Request for Proposal Kentlal COUnTy C(,E �yv Over the last several months management has received several inquiries from local area banks regarding City banking services. Since the City has held its operational accounts at the same bank since at least 1968, management feels that now is a good time to seek proposals from local area banks to see which institution can best serve the City's banking needs. All full-service banks located within the City will be receiving RFP's, including the City's current provider Old Second. The RFP for banking services is attached for your review and consideration. UNITED CITY OF YORKVILLE REQUEST FOR PROPOSALS FOR BANKING SERVICES *,D r ._ OVA 1 .p M 1 - EST 103 cou Seat Kendall County LE August 2012 800 Game Farm Road Yorkville, Illinois 60560 UNITED CITY OF YORKVILLE BANKING SERVICES REQUEST FOR PROPOSAL I. INTRODUCTION The United City of Yorkville(the City),Illinois is inviting qualified financial institutions to submit proposals for comprehensive banking services for the City. The City's objective is to maximize interest earnings,minimize banking costs and improve operational efficiency through the use of technology and the internet. II. PROPOSAL INSTRUCTIONS AND QUALIFICATIONS A. Instructions To be considered, an electronic copy of the proposal in pdf format can be sent to: rfredrickson&yorkville.il.us Proposals can also be mailed in a sealed envelope to the following address: United City of Yorkville Attn: Rob Fredrickson—Finance Director 800 Game Farm Road Yorkville,Illinois 60560 All proposals must be received no later than 4:00 p.m. on Friday, September 14, 2012. Questions on the proposal can be submitted to the e-mail address listed above. Any response will be submitted to all firms,who the City has knowledge of,who may be submitting a proposal. B. Schedule The following schedule will be adhered to: August 15,2012—Distribution of Request for Proposals September 14, 2012—Proposals due to the City by 4:00 pm October 9,2012—Recommendation of award November 1,2012—Implementation date The City intends to adhere to the proposed schedule,however, it is expressly understood that your proposal will be valid for a period of ninety(90) days after September 14,2012. 1 C. Bank Qualifications For a proposal to the RFP to be considered and evaluated, a bank must: 1. Be insured by the Federal Deposit Insurance Corporation(FDIC). 2. Be eligible to be a depository of City funds with a full service branch in the United City of Yorkville. 3. Be an on-line cash and securities member of the Federal Reserve. 4. Be able to provide 110%of the collateralization of all City deposits with collateral in compliance with the City's Investment Policy. 5. Provide a copy of a recent investment rating report by a nationally recognized rating agency. 6. Have the capacity of providing all"Required Services"internally. The City prefers that the responding bank provide services without the use of joint ventures, consortiums or contract service providers because of control issues. The City will determine the acceptability of any arrangements with the objective of the RFP being a comprehensive proposal. 7. Provide financial statements for the past two fiscal years, or internet location of said. These statements must also include an auditor's unqualified opinion and appropriate notes to the financial statements. 8. Provide a statement regarding any recent or foreseen merger and acquisition. D. Selection Criteria The following unranked criteria will be used to evaluate the responses and select the winning proposer: 1. Complete responses to all required items on the forms provided. 2. Bank located in Yorkville. 3. Provision of adequate and desired collateral. 4. Financial condition of bank providing proposal. 5. Ability to meet current and projected service requirements over the term of the banking agreement(any past experiences with the bank will be taken into consideration). 6. Ability to provide numerous electronic banking services. 7. Best earning credit rate(ECR)/or least amount of required compensating balance. 8. Best rate of interest paid on accounts. 9. Best availability for deposited items. 2 10. Aggregate banking service cost,per identified activity and corresponding compensated balance. When the City has tentatively selected a successful proposer, a conference may be requested to formulate plans in greater detail,to clarify any unclear items, and to otherwise complete negotiations prior to the formal award. At any time during the conference(s),the City may choose to modify the choice of a selected proposer, if there is just cause and the City determines that such a change would be in the best interest of the City. E. Terms and Conditions 1. The City reserves the right to reject any or all proposals,to waive any irregularities or informalities in any proposal or proposal procedures, and to accept or reject any item or combination of items. The award will be to the proposer whose proposal complies with all the requirements set forth in this RFP, and whose proposal in the opinion of the City, is the best proposal taking into consideration all aspects of the proposer's response, including the total net cost to the City. 2. In the event that the proposer to whom services are awarded does not execute a contract within sixty(60) calendar days after the ward of the bid,the City may give notice to such proposer of intent to award the contract to the next most qualified proposer or call for new proposals and may proceed to act accordingly. The City assumes no cost by the proposers in preparation of this proposal. 3. Proposers shall thoroughly examine and be familiar with these specifications. The failure or omission of any proposer to receive or examine this document shall in no way relieve any proposer of obligations with respect to this proposal or the subsequent contract. 4. The contract may be terminated by either party by giving written notice to the other party no later than sixty(60) calendar days before the proposed termination date. This provision may be exercised only after the contract has been in effect for six(6) calendar months. The bank shall be entitled to just and equitable compensation for any satisfactory work completed by the termination date. Under no circumstances will any damages be paid as a result of termination of this contract. If the bank exercises the right to terminate this contract early, they cannot bid on future proposals for a period of seven(7)years. 5. All work under this proposal and contract shall be executed in accordance with all applicable federal, state and City laws, ordinances,rules and regulations which may in any manner affect the performance of this contract. The Proposer: a. Certifies that it is not barred from bidding or contracting with the City as a result of a violation of either Paragraph 33E-3 or 33E-4 of Act 5, Chapter 720 of the Illinois Compiled Statutes regarding criminal interference with public contracting; b. Is not delinquent in the payment of any tax administered by the Illinois Department of Revenue as required by Chapter 65,Act 5,paragraph 11-42.1 of the Illinois Compiled Statutes; c. States that it has a written sexual harassment policy as required by the Illinois Human Rights Act(775 ILCS 5/2-105(A)(4), a copy of which shall be provided to the City upon request; and 3 d. Complies with the civil rights standards set forth in Title VII of the Civil Rights Act as mandated in Executive Order No. 11246,U.S.C.A. Section 2000e n. 114 (September 24, 1965). 6. The Proposer certifies that it has all insurance coverage required by law or would normally be expected for the work to be performed. A copy of such coverage shall be provided upon the request of the City. 7. For the purposes of this Proposal and contract,the Bank hereby agrees to indemnify, defend and hold harmless the City, its employees and agents from any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Bank. It is agreed as a specific element of consideration of this Agreement that this indemnity shall apply notwithstanding the joint, concurring, or contributory or comparative fault or negligence of the City or any third party and, further notwithstanding any theory of law including,but not limited to, a characterization of the City's or any third-parry's joint, concurring, or contributory or comparative fault or negligence as either passive or active in nature;provided,however,that the Bank's obligation hereunder shall not include amounts attributable to the fault or negligence of the City. Nothing in this section shall be deemed to impose liability on the Bank to indemnify the City for loss when the City's negligence or other actionable fault is the sole cause of the loss. 8. Failure to comply with any of these terms and conditions of this RFP by the awarded bank will be cause for termination of the`Banking Services Agreement"to be entered into. III. SCOPE OF BANKING SERVICES A. Term of Agreement The banking services detailed in this section will be performed for the City, on a contractual basis for five(5)years,with an option to renew for an additional two (2)year period. B. Collateralization of Account Balances All City funds on deposit must be collateralized at all times according to the terms of the City's investment policy. Monthly reports detailing the adequacy of collateral must be supplied by the bank within five(5)business days of the close of each month to the City either electronically or by mail. C. Accounts Included The City will require the following separate accounts: 1. General Operating Account 2. Payroll Zero-Balance Account(ZBA) 3. Accounts Payable Zero-Balance Account(ZBA) 4. Clerk's Checking Account 5. Countryside TIF Checking Account 4 D. Compensating Balances and Monthly Account Analysis The City may desire to pay for banking services it receives through a compensating balance arrangement. A non-interest bearing account entitled"Compensating Balance Account"may be established for the purpose of offsetting monthly banking service costs. The compensating balance formula is: Totally Monthly Service Charge Earnings Credit Rate All charges for banking services shall be reported on a monthly analysis statement and be delivered to the City within 10 business days after the close of the month. The analysis statement shall contain a detailed itemization of charges of types and volume, similar to those provided in Exhibit A. E. "On-Line"Banking Services The City requires the successful proposer to provide"On-Line"banking services and software. Please provide a description of the bank's PC based software products and services available, as well as what security measures are in place to ensure protection of the City's assets. At a minimum,the City wishes to use internet banking for the following: • Daily Balance Reporting ledger(available and collected). • Detailed debit and credit postings (cleared checks, deposits, chargebacks,wire and ACH transfers in and out, interest payments, etc). • Initiation of internal account transfers. • Initiation of regular recurring wire transfers. • Initiation of ACH debit and credit transactions. Ability to create saved"instructions"for recurring ACH debit(collection) or credit(direct deposit)type transactions. • Placement of stop payment orders. • Multi-level security for various City staff(e.g. inquiry only vs. full system administrator rights). • Electronic storage of cancelled checks and deposited items for a minimum of 60 days with access granted to the City. Transfers between Accounts On a regular basis,the City will make transfers between the various accounts listed in Section III C. Any transfers between these accounts will be charged to the City only as transfers and not also as items deposited and checks paid. All transfers will be done electronically via the internet by the City. F. Positive Pay/Fraud Prevention The City does not currently utilize payee positive pay;however,the City would entertain using the service. The City is very fraud conscious and is willing to entertain any suggestions/products that address this issue. 5 G. ACH The bank must be both a"sending"and"receiving"bank on the Automated Clearing House system to accommodate a payroll direct deposit program, a utility billing electronic payment collection program as well as future revenue collection systems. This service must also include full account blocks and filters. Presently,the City's payroll and corresponding ACH direct deposit file and utility bill collection and corresponding ACH direct deposit files are transmitted to the bank's processing center electronically. H. Availability of Funds All proposing banks are required to attach a copy of their current"availability schedule"to the proposal. I. Daylight Overdrafts How would the bank handle an occasional daylight overdraft? The City historically has not had one. J. Statement and Advice Frequency Monthly bank statements will be for the full calendar month and will be delivered to the City within five (5)business days after the end of the month. The City requests that the statements, processed checks, deposit items and miscellaneous bank advice be stored, on-line,by the bank and the on-line access to be given to the City. The City also requests check truncation and a monthly CD Rom. K. Designated Account Executive The City requests that the proposing banks provide the names of designated account executive, as well as an alternate. The designated account executives must have the authority to make timely decisions in the normal course of business on their own. L. Other Banking Services and Conditions 1. All returned checks due to insufficient funds will be automatically re-deposited. If the City's account ultimately needs to be debited,then the General Operating Account should be charged. 2. All debit and credit memos required to adjust errors caused by the bank will not be charged to the City. All deposit errors must be accompanied by a copy of the particular deposit slip. All bank errors must be corrected within five(5)business days of notification by the City. M. Reference Please provide three(3) client references of similar sized and/or municipal accounts which the bank has served over the past two years and is currently serving. Provide a contact person and telephone number for each customer. 6 N. New/Other Services Are there any additional services that you offer that the City may be interested in for which we did not ask about? IV. SUMMARY All banks are requested to complete the form"Proposal for Banking Services"attach the requested forms,reports and Exhibits and return the package to the City in accordance with the instructions in Section II A. 7 PROPOSAL FOR BANKING SERVICES UNITED CITY OF YORKVILLE Proposal Submitted By: Bank: Address: Telephone: Email Address: This proposal contains all of the information requested in the Request for Proposal, including the following exhibits: Exhibit A Compensating Balance Worksheet(to be filled out by Proposing Bank) Exhibit B City's Transactional Volume from Previous Fiscal Year Exhibit C City's Investment Policy Signature Print Name Title Date 8 PROPOSAL FOR BANKING SERVICES UNITED CITY OF YORKVILLE Exhibit A — Compensating Balance Worksheet Bank: Average Charge Annual Service Bank Depository Services Monthly Volume Per Item Charges Account Maintenance Fee 4 Debits/Checks 335 Credits 26 Transit Items Deposited 1,904 Returned Items Deposited Fee 7 Redeposit Charge 8 Incoming Wire Transfers 1 Outgoing Wire Transfers 3 ACH Returns 1 ACH Credit 40 ACH Debit 26 Print Analysis Statement 1 Other Base Level Fees(not previously listed) Total Monthly Service Charges $ Required Compensating Balance $ 9 PROPOSAL FOR BANKING SERVICES UNITED CITY OF YORKVILLE Exhibit B — Transactional Volume — Fiscal Year 2012 Bank Depository Services May-11 Jun-11 Jul-11 Aug-11 Sep-Il Oct-11 Nov-11 Dec-11 Jan-12 Feb-12 Mar-12 ADr-12 Account Maintenance Fee 4 4 4 4 4 4 4 4 4 4 4 4 Debits/Checks 390 347 344 377 306 327 369 293 320 280 314 354 Credits 28 24 23 30 27 27 25 25 25 25 29 25 Transit Items Deposited 1,580 2,237 1,707 2,117 1,718 2,103 1,594 1,955 1,912 2,083 1,739 2,098 Returned Items Deposited Fee 5 13 3 14 5 11 3 6 4 9 3 11 Redeposit Charge 3 14 4 21 1 14 4 3 10 8 - 11 Incoming Wire Transfers 1 2 - 1 I - 2 2 - - 1 - Outgoing Wire Transfers 3 11 2 3 - 3 8 2 1 1 1 ACH Returns - 2 - 1 3 1 2 - 2 - 2 ACH Credit 32 44 34 53 31 38 38 44 47 37 43 44 ACH Debit 26 23 23 25 26 23 27 30 23 28 31 25 Print Analysis Statement 1 1 1 1 1 1 1 1 1 1 1 1 10 Investment Policy United City of Yorkville, Illinois 1.01 Police It is the policy of the United City of Yorkville (the City) to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds. 1.02 She This policy rovers all funds governed by the City Council. It noes not include IMRF or Police Pension Funds, which is governed by other policies, Cash balances from various funds, which are not restricted or special use, may be pooled to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. 1,03 Obi live The primary objective, in order of priority, shall be: • Legality: Conformance with federal, state and other legal requirements. • Safety: Preservation of capital and protection of investment principal • Liquidity: Maintenance of sufficient liquidity to meet operating requirements. • Yield: Attainment of market rates of return. Local Considerations: While the City desires to achieve a return at least equal to the Illinois Funds Money Market rate it recognizes the benefits of retaining money within the community for future growth and economic well being. The estimated value of these benefits is either 10 % of the Illinois Funds Money Market rate or .25 % (25 basis points) whichever,is the smaller amount as of the close of the last business day of the week. The portfolio shall be reviewed quarterly as to its effectiveness in meeting the City's needs for safety, liquidity, rate of return, diversification and its general performance, 11 1.04 Standards of Care 1. Prudence Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of'their own affairs, not for speculation, but for investment, considering the safety of their capital, as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. The Treasurer or his designees, acting in accordance with this policy and any other written procedures pertaining to the administration and management of City assets and exercising due diligence, shall be relieved of personal responsibility, if any, for credit risk or market price changes of a particular security, provided that deviations from expectations are timely noted and appropriate action is taken to control and prevent further adverse developments. 2. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Such individuals shall disclose to the Treasurer any material financial interests in financial institutions that conduct business within the City, and they shall further disclose any personal financial investment positions that could be related to the performance of the investment portfolio, In addition, such individuals shall subordinate their personal investment transactions to those of the investment portfolio, particularly with regard to the time of purchases and sales. 3. Delegation of Authority The investment policy shall be administered in accordance with the Public Funds Investment Act (30 ILLS 235) and all applicable State of Illinois statues as well as relevant city codes and ordinances. Oversight of the investment policy is delegated to the Treasurer. Day-to-Day management and administrative responsibility for the investment policy is hereby delegated to the Finance Director_ 12 1,05 Authorized Financial Dealers and Institutions The Finance Director shall maintain a Iist of local financial institutions authorized to provide investment services and provide them with a copy of the City's Investment Policy, All authorized financial dealers and institutions shall, prior to receiving City funds, provide the Finance Director with an affirmative statement that they have read the City's investment policy and agree to conform to its requirements. These institutions shall comply with all qualifications and requirements as set forth in Illinois Compiled Statutes (30 ILCS 235/6) as well as any and all other, laws, statutes, and fiduciary responsibilities not mentioned within this policy. With the exception of the Illinois Funds Money Market Fund and Prime Fund, financial institutions shall have a local presence within the City, unless they are specifically approved by the City Council.. Temporary interim deposits in outside institutions, which also require Council approval, may be permitted to establish bond issues and similar accounts. 1,06 Safekeeping;and Custody I. Securit All security transactions, including collateral for repurchase agreements, entered into by the City, shall be conducted on a delivery-versus-payment (DVP) basis, ,Securities will be held by an independent third party custodian, and evidenced by safekeeping receipts and governed by a written custodial agreement. Funds invested in Repurchase Agreements shall comply with all governing laws including Illinois Complied Statutes 30 ILCS 235/2 (g-h),. 2. Internal Control The Treasurer, working with the Finance Director, is responsible for establishing and maintaining an internal control structure designed to insure that the invested assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The controls shall be designed to prevent the loss of public funds arising form fraud, employee error, and misrepresentation by third parties, unanticipated changes in financial markets and imprudent actions by authorized investment officers. The system of internal controls and operational procedures shall be documented in writing and made available to individuals authorized to invest funds on behalf of the City. 13 In addition, an annual independent review by an external auditor will be performed, The internal controls shall address the following points, • Control of collusion • Separation of transaction authority from accounting • Custodial safekeeping • Written confirmation of'telephone transactions for investments and wire transfers 1,07 Authorized and Suitable Investments Investments may be made in savings, checking, money market accounts, certificates of deposit and the Illinois Funds Money Marker Fund and Prime Fund. Any other type of investment will require City Council approval. Investments shall be made that reflect the cash Flow needs of the fund type being invested. All investments shall be as authorized in the Illinois Compiled Statutes (30 ILCS 23512 sec 2) regarding the investment of public funds. L08 Investment Parameters I. Collateral ization Funds on deposit (checking account, certificates of deposit, etc.) in excess of FDIC limits shall be secured by the deposit of marketable US. government or other approved securities or surety bonds issued by top- rated insurers, having a value of at least 110% of the deposits. Collateral is required as security whenever deposits exceed the insurance limits of the FDIC. The collateral required to secure City funds must be held in safekeeping and pursuant to written collateral agreements, which would prohibit the release or substitution of pledged assets without proper written notification and authorization of the City Treasurer. Repurchase agreements must also be collateralized in an amount of 105% of market value of principal and accrued interest. Collateral shall be held at an independent—third party institution in the name of the City. The third party institution shall comply with ail qualifications and requirements as set forth in the Illinois Complied Statutes 30 ILCS 23516. All changes in collateral shall be sent to the City Treasurer. 2. Diversification A variety of financial instruments and maturities, properly balanced, will help to ensure liquidity and reduce risk or interest rate volatility and loss of principal. Diversifying instruments and maturities will avoid incurring unreasonable risks in the investment portfolio regarding specific security types, issuers or individual financial institutions, The City shall diversify 14 its investments to the best of its ability based on the type of funds invested and the cash flow needs of those funds, Diversification can be by type of investment, number of institutions invested in, or length of maturity. 3. Maximum Maturities To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the United City of Yorkville will not directly invest in securities maturing more than five years from the date of purchase, Reserve funds may be invested in securities exceeding five years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the finds, 1,09 Reporting; 1. financial Dealers and Institutions Monthly reports shall be provided to the City including: Account#'s, investment description, face value, purchase price, % yield on investment (net of fees), purchase dates, maturity date, custodian, and collateralization, In addition, a rate summary of the entire portfolio shall be provided on a quarterly and annual basis and compared to a benchmark of the Illinois Funds Money Market rates or other appropriate benchmark such as the average three (3) month US,. Treasury Bill return, to determine whether market average yields are being achieved. 2. The Treasurer shall prepare monthly Tr'easurer's report to the City Council and be available on request. The report shall be in a format suitable for review by the public. An annual report shall also be provided to the Council. 1.10 Performance Standards 1. This investment portfolio shall be managed in accordance with the parameters specified within this policy. The portfolio shall obtain a comparable rate of return during a market/economic environment of stable interest rates. Portfolio performance shall be compared to the current Illinois Funds Money Market rate, or other appropriate benchmark such as the average three (3) month US. Treasury Bill return, to determine whether market average yields are being achieved. 2. Marking to Market A statement of the market value of the portfolio shall be issued to the City Council quarterly. 15 l l l Investment Policy Adoption The investment policy shall be adopted by the City Council. The Treasurer shall review the policy within 90 days of the end of the fiscal year and any modifications made thereto must be approved by the City Council. Above referenced statutes may be accessed at: http://www.legis.state.il.us/le�-,,islation/iles/iles.asp 16 A. D CO. Reviewed By: Agenda Item Number .�� 0+ Legal ❑ CA#3 Finance EST. 1836 Engineer ❑ ~=� City Administrator ❑ Tracking Number d �I Human Resources ❑ 'f► 2Q Community Development ❑ ADM 2012-46 '+ Police F-1 CLE ti�'� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Treasurer's Report for July 2012 Meeting and Date: COW—August 14, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: UNITED CITY OF YORKVILLE TREASURER'S REPORT-for the period ending JULY 31, 2012 Cash Basis %of %of Revenues YTD Expenses YTD July Revenues YTD Revenues Budget Budget JULY Expenses YTD Expenses Budget Budget General Fund 01 -General 676,334 3,999,719 12,311,109 32% 578,948 2,070,608 11,379,867 18% Special Revenue Funds 15-Motor Fuel Tax 31,043 100,906 454,547 22% 4,723 4,829 573,860 1% 79-Parks and Recreation 139,433 448,155 1,451,447 31% 106,719 301,818 1,506,767 20% 72-Land Cash 6,153 18,204 420,500 4% 17,626 33,844 323,825 10% 87-Countryside TIF 228 686 6,500 11% - 62,429 306,043 20% 88-Downtown TIF 1,510 23,920 70,150 34% 447 3,316 41,500 8% 11 -Fox Hill SSA 91 1,928 3,786 51% 1,338 1,867 4,500 41% 12-Sunflower SSA 58 3,895 7,531 52% 2,854 4,166 9,986 42% Debt Service Fund 42-Debt Service 12,802 193,366 427,144 45% - 65,292 505,370 13% Capital Funds 16-Municipal Building 900 2,850 5,250 54% 600 1,200 - - 22-Park and Recreation Capital 37 961 43,500 2% 208 625 52,500 1% 20-Police Capital 10,803 17,520 29,200 60% 61,229 118,427 60,000 197% 21 -Public Works Capital 6,284 19,318 53,500 36% 9,658 26,223 169,795 15% 23-City-Wide Capital 46,740 127,938 1,303,732 10% 11,280 46,581 1,040,500 4% Enterprise Funds 51 -Water 34,682 609,549 2,801,379 22% 105,332 905,341 3,085,983 29% 52-Sewer 4,557 560,269 1,639,817 34% 93,959 334,355 1,895,210 18% 80-Recreation Center 43,499 141,834 622,500 23% 42,523 170,507 703,633 24% Library Funds 82-Library Operations 15,241 381,766 817,634 47% 50,800 162,147 794,413 20% 83-Library Debt Service 10,604 407,965 797,299 51% - 177,744 795,488 22% 84-Library Capital 0 2,501 16,350 15% 208 631 13,474 5% Total Funds 1,041,000 7,063,250 23,282,875 30% 1,088,451 4,491,948 23,262,714 19% As Treasurer of the United City of Yorkville,I hereby attest,to the best of my knowledge,that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. William Powell,Treasurer Prepared by the Finance Department ,SAD Co. Reviewed By: Agenda Item Number i 0 01% Legal ■ CA#4 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ■ Tracking Number "- Human Resources ❑ "$ �© Community Development : PS 2012-21 Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Code Amendments—Disorderly Conduct and Drug Paraphernalia Meeting and Date: COW/August 14, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Chief Richard Hart Police Name Department Agenda Item Notes: Ordinance No. 2012- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,ADDING THE OFFENSES OF DISORDERLY CONDUCT AND POSSESSION OF DRUG PARAPHERNALIA TO THE YORKVILLE CITY CODE WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City desires to add the offenses of disorderly conduct and possession of drug paraphernalia to the Yorkville City Code. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 5, Chapter 3 of the Yorkville City Code, as amended, be and is hereby amended by adding Section 5-3-26 1 14to read as follows: "5-3-26-1-14DISORDERLY CONDUCT: A person commits disorderly conduct when he knowingly: (1) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or (2) Transmits or causes to be transmitted in any manner to the fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or (3) Transmits or causes to be transmitted in any manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place that its explosion or release would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place; or (4) Transmits or causes to be transmitted in any manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense will be committed, is being committed, or has been committed; or (5) Enters upon the property of another and for a lewd or unlawful purpose deliberately Ordinance No.2012- Page 1 looks into a dwelling on the property through any window or other opening in it; or (6) While acting as a collection agency as defined in the "Collection Agency Act" or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; or (7) Transmits or causes to be transmitted a false report to the Department of Children and Family Services under Section 4 of the "Abused and Neglected Child Reporting Act"; or (8) Transmits or causes to be transmitted a false report to the Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the MR/DD Community Care Act; or (9) Transmits or causes to be transmitted in any manner to the police department or fire protection district, a false request for an ambulance, emergency medical technician- ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that such assistance is required; or (10) Transmits or causes to be transmitted a false report under Article II of"An Act in relation to victims of violence and abuse", approved September 16, 1984, as amended; or (11) Transmits or causes to be transmitted a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting such a report is necessary for the safety and welfare of the public; or (12) Calls the number "911" for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency; or (13) Transmits or causes to be transmitted a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session." Section 2. That Title 5, Chapter 3 of the Yorkville City Code, as amended, be and is hereby amended by adding Section 5-3-4415 to read as follows: "Sec. 5-3-4-415 DRUG PARAPHERNALIA: A. As used in this Act, unless the context otherwise requires: (1) The term "cannabis" shall have the meaning ascribed to it in Section 3 of the Cannabis Control Act(720 ILCS 550/3), as if that definition were incorporated herein. Ordinance No.2012- Page 2 (2) The term "controlled substance" shall have the meaning ascribed to it in Section 102 of the Illinois Controlled Substances Act (720 ILCS 570/102), as if that definition were incorporated herein. (3) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship. (4) "Drug paraphernalia" means all equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the Methamphetamine Control and Community Protection Act, which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the Cannabis Control Act (720 ILCS 55011 et seq.), the Illinois Controlled Substances Act 720 ILCS 570/100 et seq.), or the Methamphetamine Control and Community Protection Act (720 ILCS 646/1 et seq.). It includes, but is not limited to: (a) kits intended to be used unlawfully in processing or preparing cannabis or a controlled substance; (b) diluents and adulterants intended to be used unlawfully for cutting cannabis or a controlled substance by private persons; (c) objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, the following items: water pipes; carburetion tubes and devices; smoking and carburetion masks; miniature cocaine spoons and cocaine vials; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes, chillers; or any item whose purpose, as announced or described by the seller, is for use in violation of this Section. B. Unlawful Sale or Delivery of Drug Paraphernalia (1) It is unlawful for any person to keep for sale, offer for sale, sell, or deliver for any commercial consideration any item of drug paraphernalia. The minimum fine for a violation of this subsection shall be $500.00. (2) Any store, place, or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, sold, or delivered for any commercial consideration is declared to be a public nuisance. The City Attorney may commence an action in the circuit court, in the name of the United City of Yorkville, to abate the public nuisance as described in this subsection. C. Unlawful Possession of Ddrug pParaphemalia Ordinance No.2012- Page 3 (1) It shall be unlawful for a person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use. The minimum fine for a violation of this subsection shall be $500.00. This subsection does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act. (2) In determining intent under this subsection, the trier of fact may take into consideration the proximity of the cannabis or controlled substances to drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia. D. Exemptions This Act does not apply to: (1) Items used in the preparation, compounding, packaging, labeling, or other use of cannabis or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale. (2) Items historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance. Items exempt under this subsection include, but are not limited to, garden hoes, rakes, sickles,baggies, tobacco pipes, and cigarette-rolling papers. (3) Items listed in the definitions of this Section which are used for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this Section. (4) A person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act." Section 3. That Section 5-3-1 of the Yorkville City Code, as amended, be and is hereby amended by adding Subsection C. to read as follows: "C. Citation to the ordinance violation of the section of the Illinois Criminal Code adopted in Subsection A above, shall be by citation to Chapter "5-3" with the section number being the same as the section number for that offenese in the Illinois Criminal Code." Ordinance No.2012- Page 4 Section 4. That Section 5-3-7 entitled "False Fire Alarms" of the Yorkville City code be and is hereby repealed. Section 5. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2012. CITY CLERK ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2012. MAYOR Ordinance No.2012- Page 5 Ordinance No. 2012- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, ESTABLISHING MINIMUM FINES FOR ORDINANCE VIOLATIONS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 5/1-2-1 of the Illinois Municipal Code (65 ILCS 5/1-2-1) the City may make all rules and regulations proper or necessary to carry into effect the powers granted to the City with such fines or penalties as may be deemed proper. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 1, Chapter 4, Section 1-4-1 of the Yorkville City Code, as amended,be and is hereby amended to read as follows: "1-4-1 GENERAL PENALTY A. Whenever in this code an act or omission is prohibited or declared to be unlawful or an offense or a violation of this code, or whenever in this code the doing of an act is required or the failure is declared to be unlawful or an offense or a violation of this code, where no specific penalty is provided therefor, the violation of any such provision of this code is hereby declared to be an offense and shall be punishable by a fine of not less than seventy-five dollars ($75.00) and not to exceed seven hundred fifty dollars ($750.00). Each day any violation of any provision of this code or of any ordinance shall continue shall constitute a separate offense. B. The minimum and maximum monetary penalty for violations of the following code sections or offenses shall be as follows: Code Section Description of Violation Penalty 5-3-10 Retail Theft $100 - $300 First offense $200 - $600 Second offense $300 - $750 Subsequent offense 2-.5g5-3-9 Cannabis $100 - $300 First offense $200 - $600 Second offense $300 - $750 Subsequent offense 5-3-145 2 -1 Disorderly Conduct $100 - $300 First offense $200 - $600 Second offense $300 - $750 Subsequent offense Ordinance No.2012- Page 1 5-4-1(A) and(B) Curfew $100 - $300 First offense $200 - $600 Second offense $300 - $750 Subsequent offense 5-3-155-3-b00,13 ati Drug Paraphernalia $250 - $500 First offense 43.5 $500 - $750 Second offense $750 Subsequent offense 5-3-13 Public urination or $100 - $300 First offense defecation $200 - $600 Second offense $300 - $750 Subsequent offense 4-1-5-(B)7(b) Weeds, Grasses, Plants or $100 - $750 per lot per day Vegetation: Height 8" or More A second or subsequent offense shall be when committed within 12 months of a prior offense" Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2012. CITY CLERK ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2012. MAYOR Ordinance No.2012- Page 2 ,SAD Co. Reviewed By: Agenda Item Number i 0 01% Legal ■ CA#5 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ■ Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ COW 2012-04 Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Ordinance Indemnifying Administrative Hearing Officers Meeting and Date: COW—August 14, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Ordinance No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS,INDEMNIFYING ADMINISTRATIVE HEARING OFFICERS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City created an Ordinance Enforcement Department that is composed of Hearing Officers who conduct administrative hearings of violations of the ordinances of the City(Title 1, Chapter 14 of the Yorkville City Code); and, WHEREAS, the City Council desires to indemnify Administrative Hearing Officers from liability for conduct within the scope of their duties as appointed Administrative Hearing Officers. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 1, Chapter 6, Section 1-6-10A of the Yorkville City Code, as amended, be and is hereby amended by making the existing text of Section 1-6-10A subsection 1. of Section 1-6-10A and adding a new subsection 2.to read as follows: "2. Hearing officers appointed by the mayor pursuant to Section 1-14-3 shall be entitled to indemnification as provided in this Section." Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ,A.D. 2012. CITY CLERK ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACQUELYN MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS 1 CHRISTOPHER FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this day of 2012. MAYOR 2 ,SAD Co. Reviewed By: Agenda Item Number i d Legal ❑ II#1 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ❑ Tracking Number "- Human Resources ❑ "$ �© Community Development ■❑ EDC 2012-40 Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Building Permit Report for July 2012 Meeting and Date: COW—August 14, 2012 Synopsis: All permits issued in the month of July 2012. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: None—Informational Submitted by: D. Weinert Community Development Name Department Agenda Item Notes: C/TI- J2� A. 0 UNITED CITY OF YORKVILLE EST, ~ 1836 BUILDING PERMIT REPORT 0 9 IN. :,. JULY 2012 <CE TYPES OF PERMITS Number SFD B.U.I.L.D SFA Multi- Commercial Industrial Misc. Construction Permit CI Single Faniilr Single Familip Single Family Family Includes all Permits Cost Fees Permits Detached Detached Attached Apartments Issued jor Commercial Program Begins Use Issued 11112012 Condominiums July 2012 71 2 5 0 0 15 0 49 2,435,683.00 93,346.54 Calendar Year 335 20 23 0 0 66 0 226 11,751,784.00 548,424.26 2012 Fiscal Year 2012 201 9 12 0 0 41 0 139 6,499,122.00 265,200.13 July 2011 50 5 .0 0 6 0 39 883,107.00 54,362.69 Calendar Year 354 20 0 0 67 0 267 8,761.669.00 228,327.19 2011 Fiscal Year 2011 225 14 0 0 42 0 169 7,351,751.00 153,719.51 July 2010 57 2 0 0 17 0 38 807,324.00 41,180.88 Calendar Year 379 25 6 0 67 0 281 16,836,383.00 341,193.16 2010 Fiscal Year 2010 203 9 6 0 35 0 153 4,329,243.00 187,609.16 July 2009 77 11 8 0 11 0 47 4,593,663.00 178,816.63 Calendar Year 370 32 8 0 99 0 278 20,927,199.00 552,769.71 2009 Fiscal Year 2009 212 22 8 0 38 0 144 14,635,302.00 373,324.49 PABuilding Dept REPORTS\Building Permit Reports\Building Permit Reports 2012\Bldg Pen-nit Report Jul 2012.doc Prepared by D Weinert ,SAD Co. Reviewed By: Agenda Item Number i d Legal ❑ II#2 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ❑ Tracking Number "- Human Resources ❑ "$ �© Community Development ■❑ EDC 2012-41 Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Building Inspection Report Summary for July 2012 Meeting and Date: COW—August 14, 2012 Synopsis: All inspections performed in the month of July 2012. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: None—Informational Submitted by: D. Weinert Community Development Name Department Agenda Item Notes: DA'E: 08/01/2012 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 10:08:09 CALLS FOR INSPECTION REPORT ID: PT4AOOOO.WOW INSPECTIONS SCHEDULED FROM 07/01/2012 TO 07/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 010-REL ROUGH ELECTRICAL 20110463 372 BERTRAM DR 1036 07/11/2012 PR 011-RFR ROUGH FRAMING 07/11/2012 PR 012-RMC ROUGH MECHANICAL 07/11/2012 PR 013-PLR PLUMBING - ROUGH 07/11/2012 PR 014-INS INSULATION 07/13/2012 PR 016-FIN FINAL INSPECTION 20110464 4478 SARASOTA AVE 1040 07/05/2012 PR 017-PLF PLUMBING - FINAL 07/05/2012 PR 010-REL ROUGH ELECTRICAL 20110482 376 BERTRAM DR 1035 07/24/2012 PR 011-RMC ROUGH MECHANICAL 07/24/2012 PR 012-RFR ROUGH FRAMING 07/24/2012 PR 013-PLR PLUMBING - ROUGH 07/24/2012 PR 014-INS INSULATION 07/26/2012 PR 006-FIN FINAL INSPECTION 20110573 312 WALTER ST 9 07/23/2012 Commentsl: ADDITION PR 007-PLF PLUMBING - FINAL 07/23/2012 PR 014-FIN FINAL INSPECTION 20120025 398 BERTRAM DR 1026 07/02/2012 I PR 015-PLF PLUMBING - FINAL 07/02/2012 PR 016-EFL ENGINEERING - FINAL INSPE 07/02/2012 PR _ _ 019-FIN FINAL INSPECTION 20120026 396 BERTRAM DR 1029 07/02/2012 PR 020-PLF PLUMBING - FINAL 07/02/2012 PR 012-RMC ROUGH MECHANICAL 20120037 1352 MARKETPLACE DR 07/09/2012 PR 013-RFR ROUGH FRAMING 07/09/2012 j PR PM 003-REL ROUGH ELECTRICAL 20120041 2761 ELDEN DR 263 07/12/2012 PR 08:30 006-FIN FINAL INSPECTION 20120050 1223 MISTWOOD CT 156 07/16/2012 Commentsl: BASEMENT FINISH I DATE: 08/01/2012 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 10:08:09 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2012 TO 07/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 007-PLF PLUMBING - FINAL 07/16/2012 PR 020-FIN FINAL INSPECTION 20120052 2575 EMERALD LN 131 07/06/2012 PR 021-PLF PLUMBING - FINAL 07/06/2012 PR 010-PHD POST HOLE - DECK 20120077 2557 EMERALD LN 128 07/12/2012 PR 011-RFR ROUGH FRAMING 07/16/2012 PR 012-REL ROUGH ELECTRICAL 07/16/2012 PR 013-RMC ROUGH MECHANICAL 07/16/2012 PR 014-PLR PLUMBING - ROUGH 07/16/2012 PR 015-INS INSULATION 07/1842012 PR PM 017-FIN FINAL INSPECTION 20120083 1554 CRIMSON LN 301 07/26/2012 PR PM 018-PLF PLUMBING - FINAL 07/26/2012 PWK 019-EFL ENGINEERING - FINAL INSPE 07/26/2012 Commentsl: B BOX OPERABLE, $5000 SEC FOR TEMP. EXP Comments2: 10-01-12 PR 014-FIN FINAL INSPECTION 20120100 4612 PLYMOUTH AVE 995 07/16/2012 PR 015-PLF PLUMBING - FINAL 07/16/2012 PWK 017-EFL ENGINEERING - FINAL INSPE 07/13/2012 PR 020-FIN FINAL INSPECTION 20120101 2383 LAVENDER WAY 90 07/12/2012 PR 021-PLF PLUMBING - FINAL 07/12/2012 PR 014-PLF PLUMBING - FINAL 20120102 4638 PLYMOUTH DR 990 07/19/2012 PR 015-FIN FINAL INSPECTION 07/19/2012 PWK 016-EFL ENGINEERING - FINAL INSPE 07/13/2012 I PR --_ 001-PHF POST HOLE - FENCE 20120110 345 BERTRAM DR 1106 07/17/2012 PR 09:00 001-FIN FINAL INSPECTION 20120120 4656 PLYMOUTH AVE 986 07/03/2012 Commentsl: PAVERS/PATIO PR 012-INS INSULATION 20120126 1092 CARLY DR 30 07/09/2012 I — DATE: 08/01/2012 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 10:08:09 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2012 TO 07/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 013-GAR GARAGE FLOOR 07/19/2012 PR 014-STP STOOP 07/19/2012 PR 002-FIN FINAL INSPECTION 20120128 920 HAYDEN DR 52 07/10/2012 Commentsl: PERGOLA PR AM 015-EPW ENGINEERING- PUBLIC WALK 20120149 2451 EMERALD LN 116 07/12/2012 PR 016-PWK PRIVATE WALKS 07/12/2012 PR 017-PHD POST HOLE - DECK 07/12/2012 PR 010-REL ROUGH ELECTRICAL 20120150 1570 CRIMSON LN 101 07/03/2012 PR 011-RFR ROUGH FRAMING 07/03/2012 PR 012-RMC ROUGH MECHANICAL 07/03/2012 PR 013-PLR PLUMBING - ROUGH 07/03/201-2 PR 014-INS INSULATION 07/06/2012 PR 015-EPW ENGINEERING- PUBLIC WALK 07/18/2012 PR 016-PWK PRIVATE WALKS 07/18/2012 PR 015-INS INSULATION 20120151 1638 SIENNA DR 56 07/03/2012 PR 09:30 016-EPW ENGINEERING- PUBLIC WALK 07/19/2012 PR 003-PLR PLUMBING - ROUGH 20120155 1282 MARKETPLACE DR 07/17/2012 PR 008-GAR GARAGE FLOOR 20120165 1273 TAUS CIR 117 07/13/2012 PR 009-RFR ROUGH FRAMING 07/18/2012 PR 010-REL ROUGH ELECTRICAL 07/18/2012 PR 011-RMC ROUGH MECHANICAL 07/18/2012 PR 012-PLR PLUMBING - ROUGH 07/18/2012 PR 013-INS INSULATION 07/23/2012 PR 010-RFR ROUGH FRAMING 20120178 2551 EMERALD LN 127 07/06/2012 PR 011-REL ROUGH ELECTRICAL 07/06/2012 i DATE: 08/01/2012 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 10:08:09 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2012 TO 07/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 012-RMC ROUGH MECHANICAL 07/06/2012 PR 013-PLR PLUMBING - ROUGH 07/06/2012 PR 014-INS INSULATION 07/10/2012 PR AM 015-PHD POST HOLE - DECK 07/12/2012 PR 016-EPW ENGINEERING- PUBLIC WALK 07/12/2012 PR 017-PWK PRIVATE WALKS 07/12/2012 PR 010-REL ROUGH ELECTRICAL 20120184 2441 EMERALD LN 114 07/10/2012 PR 011-RMC ROUGH MECHANICAL 07/10/2012 PR 012-RFR ROUGH FRAMING 07/10/2012 PR 013-PLR PLUMBING - ROUGH 07/10/2012 PR 014-INS INSULATION 07/12/2012 PR 015-PHD POST HOLE - DECK 07/12/2012 PR 018-EPW ENGINEERING- PUBLIC WALK 07/23/2012 PR 019-PWK PRIVATE WALKS 07/23/2012 PR 010-REL ROUGH ELECTRICAL 20120185 1494 CRIMSON LN 901 07/12/2012 PR 011-RFR ROUGH FRAMING 07/12/2012 PR 012-RMC ROUGH MECHANICAL 07/12/2012 PR 013-PLR PLUMBING - ROUGH 07/12/2012 PR 014-INS INSULATION 07/16/2012 PR 11:00 015-EPW ENGINEERING- PUBLIC WALK 07/23/2012 PR 016-PWK PRIVATE WALKS 07/23/2012 PR 14:30 001-FIN FINAL INSPECTION 20120199 410 DOVER CT S 65 07/18/2012 Commentsl: WINDOWS PR 009-ESS ENGINEERING - STORM 20120203 2352 EMERALD LN 33 07/13/2012 PR 010-ESS ENGINEERING - STORM 07/13/2012 DATE: 08/01/2012 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 10:08:09 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2012 TO 07/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 011-RFR ROUGH FRAMING 07/27/2012 PR 012-REL ROUGH ELECTRICAL 07/27/2012 PR 013-RMC ROUGH MECHANICAL 07/27/2012 PR 014-PLR PLUMBING - ROUGH 07/27/2012 PR 015-INS INSULATION 07/31/2012 PR 002-BKF BACKFILL 20120218 1377 SPRING ST 254 07/03/2012 PR _ 001-FIN FINAL INSPECTION 20120225 972 CANYON TRAIL CT 44 07/11/2012 Commentsl: PAVERS/PATIO PR 11:30 004-FIN FINAL INSPECTION 20120234 2661 N BRIDGE ST 07/16/2012 Commentsl: BUILD OUT PR 001-FTG FOOTING 20120238 101 W VAN EMMON ST 07/12/2012 PR 001-PPS PRE-POUR, SLAB ON GRADE 20120239 345 BERTRAM DR 1106 07/06/2012 PR _ AM 002-FIN FINAL INSPECTION 20120240 1762 CALLANDER TRAIL 64 07/13/2012 Commentsl: DECK PR 001-FIN FINAL INSPECTION 20120241 1209 WALSH DR 124 07/17/2012 Commentsl: RPZ - LAWN SPRINKLERS PR 002-BKF BACKFILL 20120244 1519 CRIMSON LN 1601 07/03/2012 PR PM 003-ESW ENGINEERING - SEWER / WAT 07/05/2012 PR PM 004-ESS ENGINEERING - STORM 07/05/2012 PR 005-PLU PLUMBING - UNDERSLAB 07/09/2012 PR 006-BSM BASEMENT FLOOR 07/13/2012 PR 007-GAR GARAGE FLOOR 07/13/2012 PR 008-STP STOOP 07/13/2012 PR 009-ESS ENGINEERING - STORM 07/13/2012 PR 002-BKF BACKFILL 20120245 1546 CRIMSON LN 1 401 07/03/2012 PR PM 003-ESW ENGINEERING - SEWER / WAT 07/05/2012 i DATE: 08/01/2012 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 10:08:09 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2012 TO 07/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR PM 004-ESS ENGINEERING - STORM 07/05/2012 PR 005-PLU PLUMBING - UNDERSLAB 07/09/2012 PR 006-BSM BASEMENT FLOOR 07/11/2012 PR 007-GAR GARAGE FLOOR 07/11/2012 PR 008-STP STOOP 07/11/2012 PR 12:00 009-ESS ENGINEERING - STORM 07/13/2012 PR AM 010-SUM SUMP 07/26/2012 PR 002-BKF BACKFILL 20120246 1535 CRIMSON LN 1801 07/03/2012 PR PM 003-ESW ENGINEERING - SEWER / WAT 07/05/2012 PR PM 004-ESS ENGINEERING - STORM 07/05/2012 PR 005-PLU PLUMBING - UNDERSLAB 07/09/2012 PR 006-BSM BASEMENT FLOOR 07/11/2012 PR 007-GAR GARAGE FLOOR 07/11/2012 PR 008-STP STOOP 07/11/2012 PR 009-ESW ENGINEERING - SEWER / WAT 07/13/2012 PR 12:00 001-MIS MISCELLANEOUS 20120248 212-218 S BRIDGE ST 07/16/2012 Commentsl: HANDI CAP RAMP PR 001-RFR ROUGH FRAMING 20120250 3767 BAILEY RD 07/23/2012 PR 10:00 001-FIN FINAL INSPECTION 20120252 511 YELLOWSTONE LN 7 07/19/2012 Commentsl: ABOVE GROUND POOL PR 001-FIN FINAL INSPECTION 20120254 2552 LYMAN LOOP 70 07/24/2012 Commentsl: PAVERS PATIO PR 002-FIN FINAL INSPECTION 20120256 2452 EMERALD LN 19 07/03/2012 Commentsl: FENCE PR 002-REL ROUGH ELECTRICAL 20120257 507 W KENDALL DR STE 4 4 07/17/2012 PR 003-PLU PLUMBING - UNDERSLAB 07/17/2012 DATE: 08/01/2012 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 10:08:09 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2012 TO 07/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 14:00 001-FIN FINAL INSPECTION 20120258 2655 N BRIDGE ST 07/17/2012 PR 001-PHF POST HOLE - FENCE 20120261 4438 PLEASANT CT 1200 07/03/2012 PR 001-PPS PRE-POUR, SLAB ON GRADE 20120264 1083 WESTERN LN 07/10/2012 Commentsl: SUNROOM PR 001-PHD POST HOLE - DECK 20120265 2401 FAIRFAX WAY 240 07/03/2012 PR 002-RFR ROUGH FRAMING 07/05/2012 PR 001-PPS PRE-POUR, SLAB ON GRADE 20120266 505 HEARTLAND DR 82 07/10/2012 PR 09:30 001-PHF POST HOLE - FENCE 20120267 2222 NORTHLAND LN 75 07/12/2012 PR 001-PHF POST HOLE - FENCE 20120269 2072 DEERPOINT LN 163 07/02/2012 PR 09:30 001-PHF POST HOLE - FENCE 20120273 2765 ELDEN DR 262 07/10/2012 PR 001-FTG FOOTING 20120275 2420 SAGE CT 3101 07/17/2012 PR PM 002-BKF BACKFILL 07/23/2012 PR AM 003-ESW ENGINEERING - SEWER / WAT 07/26/2012 PR 004-FTG FOOTING 07/31/2012 Commentsl: ADDITIONAL FOUNDATION WALL PLAN CHANGE PR 09:30 001-FTG FOOTING 20120276 1530 CRIMSON LN 601 07/18/2012 PR PM 002-BKF BACKFILL 07/23/2012 PR AM 003-ESW ENGINEERING - SEWER / WAT 07/26/2012 PR 13:00 001-FTG FOOTING 20120277 1511 CRIMSON LN 1501 07/17/2012 PR PM 002-BKF BACKFILL 07/23/2012 PR AM 003-ESW ENGINEERING - SEWER / WAT 07/26/2012 PR 11:30 001-FTG FOOTING 20120278 4620 PLYMOUTH AVE 994 07/13/2012 PR 08:30 002-BKF BACKFILL 07/23/2012 PR PM 003-ESW ENGINEERING - SEWER / WAT 07/23/2012 PR 004-PLU PLUMBING - UNDERSLAB 07/26/2012 DATE: 08/01/2012 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 10:08:09 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2012 TO 07/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 005-GAR GARAGE FLOOR 07/27/2012 PR 006-BSM BASEMENT FLOOR 07/27/2012 PR 007-STP STOOP 07/27/2012 PR 001-RPZ PLUMBING - RPZ VALVE 20120279 2386 AUTUMN CREEK BLVD 261 07/05/2012 PR 10:00 001-PHF POST HOLE - FENCE 20120284 508 REDBUD DR 28 07/06/2012 PR 002-FIN FINAL INSPECTION 07/24/2012 Commentsl: FENCE PR 12:30 001-RFR ROUGH FRAMING 20120286 1102 CLEARWATER DR 30 07/17/2012 PR 001-PLU PLUMBING - UNDERSLAB 20120288 1949 S BRIDGE ST F 07/24/2012 PR AM 001-UGE UNDERGROUND ELECTRIC 20120290 421 FAIRHAVEN DR 32 07/31/2012 PR 001-PPS PRE-POUR, SLAB ON GRADE 20120291 1812 CANDLEBERRY LN 39 07/05/2012 PR PM 001-FIN FINAL INSPECTION 20120292 410 S DOVER CT 07/12/2012 Commentsl: DRIVEWAY PR 001-RFR ROUGH FRAMING 20120298 1092 CARLY DR 30 07/18/2012 PR 002-PLR PLUMBING - ROUGH 07/18/2012 PR 003-REL ROUGH ELECTRICAL 07/18/2012 PR 004-RMC ROUGH MECHANICAL 07/18/2012 PR 005-INS INSULATION 07/23/2012 Commentsl: BASEMENT FINISH PR 001-FIN FINAL INSPECTION 20120304 1606 COTTONWOOD TRAIL 27 07/30/2012 PR AM 001-FTG FOOTING 20120309 2414 SAGE CT 3201 07/27/2012 Commentsl: LATE AM PR 002-PPW PRE-POUR, WALL STEEL 07/31/2012 PR 001-PHF POST HOLE - FENCE 20120322 2911 ALDEN AVE 298 07/23/2012 PR 11:00 001-PHF POST HOLE - FENCE 20120323 844 PARKSIDE LN 185 07/27/2012 PR 13:00 001-FIN FINAL INSPECTION 20120342 1389 CAROLYN CT 1 07/30/2012 DATE: 08/01/2012 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 10:08:09 CALLS FOR INSPECTION REPORT ID: PT9AOOOO.WOW INSPECTIONS SCHEDULED FROM 07/01/2012 TO 07/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 13:00 002-PLF PLUMBING - FINAL 07/30/2012 DATE: 08/01/2012 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 10:08:09 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2012 TO 07/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PERMIT TYPE SUMMARY: ADD ADDITION 4 AGP ABOVE-GROUND POOL 2 BDO COMMERCIAL BUILD-OUT 2 BIP BUILD INCENTIVE PROGRAM SFD 73 BSM BASEMENT REMODEL 9 CCO COMMERCIAL OCCUPANCY PERMIT 1 CRM COMMERCIAL REMODEL 6 DCK DECK 3 DRV DRIVEWAY 1 FNC FENCE 10 IGP IN-GROUND POOL 1 MIS MISCELLANEOUS 1 PRG PERGOLA 1 PTO PATIO / PAVERS 5 RCO RESIDENTIAL OCCUPANCY PERMIT 2 RPZ RPZ - BACKFLOW PREVENTION 2 SFD SINGLE-FAMILY DETACHED 59 SPA SAUNA / HOT TUB 1 WIN WINDOW REPLACEMENT 1 INSPECTION SUMMARY: BKF BACKFILL 8 BSM BASEMENT FLOOR 4 EEL ENGINEERING - FINAL INSPECTION 4 EPW ENGINEERING- PUBLIC WALK 6 ESS ENGINEERING - STORM 7 ESW ENGINEERING - SEWER / WATER 8 FIN FINAL INSPECTION 25 FTG FOOTING 7 GAR GARAGE FLOOR 6 INS INSULATION 12 MIS MISCELLANEOUS 1 PHD POST HOLE - DECK 5 PHF POST HOLE - FENCE 8 PLF PLUMBING - FINAL 11 PLR PLUMBING - ROUGH 11 PLU PLUMBING - UNDERSLAB 6 PPS PRE-POUR, SLAB ON GRADE 4 PPW PRE-POUR, WALL STEEL 1 PWK PRIVATE WALKS 5 REL ROUGH ELECTRICAL 12 RFR ROUGH FRAMING 14 RMC ROUGH MECHANICAL 11 RPZ PLUMBING - RPZ VALVE 1 STP STOOP 5 SUM SUMP 1 UGE UNDERGROUND ELECTRIC 1 DATE: 08/01/2012 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 10:08:09 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2012 TO 07/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ INSPECTOR SUMMARY: PR PETER RATOS 181 PWK PUBLIC WORKS 3 STATUS SUMMARY: A PR 6 C PR 41 C PWK 2 I PR 132 T PR 2 T PWK 1 REPORT SUMMARY: 184 i i i i I ,SAD Co. Reviewed By: Agenda Item Number i d01% Legal ❑ II#3 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ❑ Tracking Number "- Human Resources ❑ "$ �© Community Development ■❑ EDC 2012-42 Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Property Maintenance Reports for July 2012 Meeting and Date: COW—August 14, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: None - Informational Submitted by: Krysti Barksdale-Noble Community Development Name Department Agenda Item Notes: July 2012 PROPERTY MAINTENANCE VIOLATIONS UNITED CITY OF YORKVLLE Comp# DATE ADDRESS PARCEL WARD COMPLAINT ACTION TAKEN VIOLATION 2012- 7/3/2012 904 Adrian St. 02-32-476-002 1 Burning No burning at time of inspection No 07-003 7/6/2012 2398 Iroquois In 02-20-126-001 3 Cars parked on lawn No cars No 07-004 711112012 1502 N Bridge St 02-28-176-018 4 Pot hole(Moose) 7-11 Site Inspection, Notice of Violation Sent 7-12 07-006 5 days to comply. 7/13/2012 2453 Waverly Cir 05-09-256-004 1 Chickens/Rooster PR 7-13 Site inspection 07-008 7/18/2012 623 Hayden Ct 02-21-478-016 4 Unfinished patio, rodents Pete to inspect 07-010 7/26/2012 Rt 34&McHugh SEC 02-28-252-013 4 Storm Debris Bob C site visit 7-26-12 Pending 07-015 Property Maintenance Violations July 2012 JULY/August 2012 MOWING VIOLATIONS UNITED CITY OF YORKVLLE Comp# DATE ADDRESS PARCEL WARD COMPLAINT VIOLATION 2012- 1 7/11/2012 583 Parkside Ln 05-09-205-013 1 Tall Weeds Site inspection BC 7-13,no violatio 07-007 2 7/11/2012 Walking path in Raintree 1 Tall Weeds Site inspection, PW to mow --------- 3 4 711712012 711 N Bridge St 02-28-351-021 3 Weeds Site posted,citation issued 07-009 5 7/20/2012 Common area Country Hills 05-04-431-001 1 Weeds contacted owner,will post if not mi 07-011 6 7 7/23/2012 4553 Gardiner Ave 02-04-406-008 4 Weeds Site inspection7-24, no violation 07-012 8 7/23/2012 4545 Gardiner Ave 02-04-406-006 4 Weeds Site inspection 7-24 no violation 07-013 9 712312012 4541 Gardiner Ave 02-04-406-005 4 Weeds posted 7-24-12 07-014 10 11 8/3/2012 4553 Gardiner Ade 02-04-406-008 4 Weeds Site inspection,no violation 08-001 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Mowing Violation July 2012 CI T� J2� o Memorandum EST 1836 To: Committee of the Whole 1 - ,,� -� From: Krysti I Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator wanam couny <LE Date: August 9, 2012 Subject: Property Maintenance Update Below is an update regarding property maintenance violations for the Windette Ridge,Nicholson Property and Car Care Collision/Fountainview development. Windette Ridge As the Committee may recall, the developer of the Windett Ridge Subdivision, Windett Ridge LLC, was cited on or about 5-10-12 and subsequently fined a total of $10per day for weed nuisance violations on 49 vacant lots within the development at an administrative adjudication hearings held 6-13-12. Since that time, the vacant lots remain uncut and continue to violate the maximum 8"height weed ordinance. It is still also our understanding that the developer has no intentions of mowing the lots, therefore an additional round of inspections were conducted on 7-16-12 and citations were posted on 144 vacant lots within the development on 7-16-12. The complaints are scheduled to be heard at an administrative hearing on 8-22-12. Nicholson Property The Nicholson property, a former lumber yard located between Heustis and Mill Streets in downtown Yorkville, was cited for weed violations and for a property violation related to a dilapidated fence. At a hearing conducted on 8-3-12, Mr. Nicholson was issued a $100 fine for the weed violation and a judgment against him for the fence property maintenance matter. Since that time, he has been in the process of removing portions of the dilapidated fence sections. Staff will continue to monitor the progress of the work. Mr. Nicholson has since agreed to obtain permit to repair the fence. The permit has not yet been obtained. Car Care Collision/Fountainview The initial citation went to adjudication on August 1, 2012 and they were cited $200 per lot. They since have been re-cited. Staff will be available at Tuesday night's meeting to answer any questions the Committee may have regarding these matters. ,SAD Co. Reviewed By: Agenda Item Number i d Legal ❑ II#4 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ❑ Tracking Number "- Human Resources ❑ "$ �© Community Development : PS 2012-22 Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Police Reports for July 2012 Meeting and Date: COW—August 14, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Molly Schwartzkopf Police Name Department Agenda Item Notes: Yorkville Police Department Incident Report Summary July 1, 2012 through July 31, 2012 Report #12-0915 to #12-1090 Report# Date Offense Location 2012-00000915 07/01/2012 0486- DOMESTIC BATTERY 2200 BLK. BERESFORD DRIVE ----------------------------- -- 2012-00000916 07/01/2012 9020-SUSPICIOUS CIRCUMSTANCES 400 BLK. E.VETERANS PARKWAY - - . -.._.---- ---------------- -- -- - —- 2012-00000917 :07/01/2012 9065- MISSING -ADULT FEMALE 600 BLK. HEUSTIS STREET _. .--- ----------- - _------ 2012-00000918 07/02/2012 9083 -ASSIST AMBULANCE 1500 BLK. ORCHID STREET - - - - _ - - --------- - -.__ _ - 2012-00000919 07/02/2012 0760- BURGLARY FROM VEHICLE 400 BLK.W.KENDALL DRIVE 2012-00000920 07/02/2012 .9005_-ASSIST GOVERNMENT AGENCY DESK REPORT 2012-00000921 07/02/2012 1137- IDENTITY THEFT 1900 BLK. BANBURY AVENUE ------------------------------- 2012-00000922 ,07/02/2012 6601-SPEEDING (RADAR) GALENA ROAD/BEECHER ROAD -- -- ---- ----------- ... 2012-00000923 07/02/2012 '1150-CREDIT CARD FRAUD 1600 BLK.WALSH DRIVE --- --- --------------------------------------------- 2012-00000924 -07/02/2012 2230- ILLEGAL CONSUMPTION 100 BLK. ANDERSON COURT ----------------------... ._...-------------------------------------------. - 2012-00000925 07/03/2012 9119- INV-QUASI CRIMINAL 100 BLK.APPLETREE COURT ._I--­­._----- --- 2012-00000926 07/03/2012 0760- BURGLARY FROM VEHICLE 100 BLK. NADEN COURT -------------------- 2012-00000927 07/03/2012 2480-SUSPENDED/REVOKED DL ROUTE 47/E.FOX STREET - 2012-00000928 07/02/2012 9005 -ASSIST GOVERNMENT AGENCY DESK REPORT -.. . --------------- -- 2012-00000929 07/03/2012 2480-SUSPENDED/REVOKED DL ROUTE 47/E.FOX STREET ---------- -- ------ - ----- - 2012-00000930 07/03/2012 9564-ACCIDENT- PROPERTY 1500 BLK.SYCAMORE ROAD ------------ --- --------------------------- - - 2012-00000931 07/03/2012J137- IDENTITY THEFT 200 BLK. LEISURE STREET 2012-00000932 07/03/2012 2480-SUSPENDED/REVOKED DL ROUTE 126/ROUTE 47 -- ---- ------- - 2012-00000933 07/03/2012 1150-CREDIT CARD FRAUD 600 BLK. FREEMONT STREET 2012-00000934 07/03/2012 '4870- DOMESTIC DISPUTE 400 BLK.SPICEBUSH COURT -------------- - ---:--------------- --------------- 2012-00000935 07/03/2012 2825- HARASSMENT BY TELEPHONE DESK REPORT ------- ---------- °------------------_ ._ - 2012-00000936 ,07/04/2012 2470- NO DRIVER'S LICENSE ROUTE 126/WING ROAD ----- ------------ - -- ------- ------------------------- 2012-00000937 07/04/2012 2480-SUSPENDED/REVOKED DL EMERALD LANE/MADDEN COURT 2012-00000938 07/04/2012 1811- POSS CANNABIS<30 GRAMS ROUTE 34/CENTER PARKWAY 2012-00000939 07/04/2012 0261-AGG CRIM SEXUAL ASSAULT 1000 BLK. CANYON TRAIL COURT 2012-00000940 07/04/2012 2480-SUSPENDED/REVOKED DL ROUTE 34/MCHUGH ROAD 2012-00000941 07/04/2012 9564-ACCIDENT- PROPERTY E. FOX STREET/ROUTE 47 2012-00000942 07/05/2012 9564-ACCIDENT- PROPERTY 4000 BLK. N.BRIDGE STREET 2012-00000943 07/05/2012 9564-ACCIDENT- PROPERTY 1600 BLK. N.BEECHER ROAD 2012-00000944 07/05/2012 2480-SUSPENDED/REVOKED DL ROUTE 47/GARDEN STREET 2012-00000945 07/05/2012 5081- IN-STATE WARRANT NORTHLAND LANE/YELLOWSTONE LANE 2012-00000946 07/05/2012 9063-LOST/STOLEN DL/PLATES 100 BLK. BERTRAM DRIVE . 2012-00000947 07/05/2012 9564-ACCIDENT- PROPERTY BERTRAM DRIVE/MARQUETTE STREET 2012-00000948 07/06/2012 9067- MISSING -JUVENILE_ FEMALE 500 BLK. BURNING BUSH DRIVE 2012-00000949 .07/06/2012 0820-THEFT UNDER 1700 BLK. MARKETVIEW DRIVE 2012-00000950 07/06/2012 9564-ACCIDENT- PROPERTY ROUTE 47/LANDMARK AVENUE 2012-00000951 07/06/2012 9564-ACCIDENT-.PROPERTY 300-BLK.-MULHERN COURT 2012-00000952 07/07/2012 2470- NO DRIVER'S LICENSE W.FOX STREET/WHITE OAK WAY 2012-00000953 07/07/2012 _9067- MISSING -JUVENILE FEMALE 200 BLK. DICKSON COURT 2012-00000954 07/07/2012 9020-SUSPICIOUS CIRCUMSTANCES 3100 BLK. GRANDE TRAIL 2012-00000955 07/07/2012 9700-VOIDED TICKET/REPORT DESK REPORT 2012-00000956 07/08/2012 2480-SUSPENDED/REVOKED DL ROUTE 34/CANNONBALL TRAIL 2012-00000957 07/08/2012 9564-ACCIDENT- PROPERTY 300 BLK. E.VETERANS PARKWAY 1 of 5 Y Yorkville Police Department Incident Report Summary 0 K July 1, 2012 through July 31, 2012 `E Report #12-0915 to #12-1090 Report# Date Offense Location 2012-00000958 07/08/2012 0260-CRIMINAL_ SEXUAL ASSAULT 100 BLK. BLACKBERRY COURT 2012-00000959 07/08/2012 0560-ASSAULT JOHN STREET/SYCAMORE ROAD 2012-00000960 07/08/2012 9562 -ACCIDENT- INJURY 100 BLK.W.VETERANS PARKWAY 2012-00000961 07/08/2012 9020-SUSPICIOUS CIRCUMSTANCES 2000 BLK. INGEMUNSON LANE 2012-00000962 07/09/2012 9063- LOST/STOLEN DL/PLATES 500 BLK. REDHORSE LANE 2012-00000963 07/09/2012 2480-SUSPENDED/REVOKED DL ROUTE 34/ROUTE 47 2012-00000964 07/09/2012 1150-CREDIT CARD FRAUD 1000 BLK. DALTON AVENUE _- - 2012-00000965 07/09/2012 9005-ASSIST GOVERNMENT AGENCY DESK REPORT 2012-00000966 07/10/2012 9005-ASSIST GOVERNMENT AGENCY DESK REPORT 2012-00000967 07/10/2012 2470- NO DRIVER'S LICENSE ROUTE 126/WING ROAD 2012-00000968 07/11/2012 9005 -ASSIST GOVERNMENT AGENCY DESK REPORT 2012-00000969 07/11/2012 9564-ACCIDENT- PROPERTY ROUTE 47/E.VAN EMMON STREET - - --- ------- 2012-00000970 .07/11/2012 9564-ACCIDENT-PROPERTY ROUTE 34/GAME FARM ROAD - _ -- - -------- -. 11 1 - --------------- - 2012-00000971 07/12/2012 0610- BURGLARY 1900 BLK.S.BRIDGE STREET 2012-00000972 07/12/2012 0820-THEFT UNDER 800 BLK. MORGAN STREET 2012-00000973 07/12/2012 9564-ACCIDENT-PROPERTY ROUTE 47/ROUTE 126 ------- -------- -._ 2012-00000974 07/12/2012 9562-ACCIDENT- INJURY ROUTE 34/ELDAMAIN ROAD 2012-00000975 07/12/2012 2470- NO DRIVER'S LICENSE ROUTE 47/CANNONBALL TRAIL 2012-00000976 07/12/2012 9067- MISSING-JUVENILE FEMALE 1400 BLK.CHESTNUT LANE -- - - -- - 2012-00000977 07/13/2012 9063 - LOST/STOLEN DL/PLATES 3300 BLK. RYAN DRIVE 2012-00000978 07/13/2012 9564-ACCIDENT-PROPERTY ROUTE 47/E.000NTRYSIDE PARKWAY 2012-00000979 07/13/2012 2825- HARASSMENT BY TELEPHONE 1200 BLK. MARKETPLACE DRIVE - - 2012-00000980 07/13/2012 2480-SUSPENDED/REVOKED DL ROUTE 34/N.BEECHER ROAD 2012-00000981 07/14/2012 9564-ACCIDENT- PROPERTY ROUTE 47/E.FOX STREET -_ 2012-00000982 07/14/2012 9564-ACCIDENT-PROPERTY ROSENWINKEL STREET/GALENA ROAD ------ --- --I __ ------- -------- 2012-00000983 07/14/2012 9564-ACCIDENT- PROPERTY 100 BLK.W.HYDRAULIC AVENUE 2012-00000984 07/14/2012 9564-ACCIDENT- PROPERTY 0 BLK.W.VETERANS PARKWAY 2012-00000985 07/14/2012 9020-SUSPICIOUS CIRCUMSTANCES 300 BLK. HEUSTIS STREET ---------------------- -- ----- - 2012-00000986 07/15/2012 2470- NO DRIVER'S LICENSE ROUTE 47/ROUTE 34 2012-00000987 07/15/2012 9083 -ASSIST AMBULANCE 300 BLK. E.VETERANS PARKWAY 2012-00000988 07/15/2012 9569-ACCIDENT- PRIVATE PROP 3600 BLK. KENNEDY ROAD 2012-00000989 07/15/2012 0820-THEFT UNDER 2100 BLK. HENNING LANE 2012-00000990 07/15/2012__9564-ACCIDENT- PROPERTY WALSH DRIVE/ROUTE 71 ---------- --- ------- 2012-00000991 07/16/2012 9564-ACCIDENT- PROPERTY 1200 BLK.W.VETERANS PARKWAY 2012-00000992 07/16/2012 9569-ACCIDENT- PRIVATE PROP 1200 BLK. N.BRIDGE STREET 2012-00000993 07/16/2012 9564-ACCIDENT-PROPERTY WALSH DRIVE/ROUTE 126 2012-00000994 07/17/2012 0760- BURGLARY FROM VEHICLE 900 BLK. MORGAN STREET 2012-00000995 07/17/2012 9564-ACCIDENT- PROPERTY ROUTE 47/ROUTE 126 - - -------------- ... 2012-00000996 07/17/2012 2480-SUSPENDED/REVOKED DL ROUTE 34/ROUTE 47 2012-00000997 07/17/2012 9564-ACCIDENT- PROPERTY ROUTE 34/CENTER PARKWAY 2012-00000998 07/17/2012 9005-ASSIST GOVERNMENT AGENCY DESK REPORT 2012-00000999 07/17/2012 9564-ACCIDENT- PROPERTY ;700 BLK. EDWARD LANE 2012-00001000 07/17/2012 9564-ACCIDENT- PROPERTY ROUTE 47/MENARD DRIVE 2 of 5 �. Yorkville Police Department Incident Report Summary rfi wd K July 1, 2012 through July 31, 2012 L Report #12-0915 to #12-1090 Report# Date Offense Location 2012-00001001 07/17/2012 0820-THEFT UNDER 300 BLK. W.KENDALL DRIVE 2012-00001002 07/17/2012 0760- BURGLARY FRO_ M VEHICLE 800 BLK. MORGAN STREET 2012-00001003 07/18/2012 2825- HARASSMENT BY TELEPHONE 200 BLK. BERTRAM DRIVE 2012-00001004 07/18/2012 9020-SUSPICIOUS CIRCUMSTANCES 500 BLK. KELLY AVENUE 2012-00001005 07/18/2012 9020-SUSPICIOUS CIRCUMSTANCES 4600 BLK. PLYMOUTH AVENUE 2012-00001006 07/18/2012 5081- IN-STATE WARRANT 1400 BLK. N.BRIDGE STREET 2012-00001007 07/18/2012 0860- RETAIL THEFT 900 BLK. ERICA LANE 2012-00001008 07/18/2012 9564-ACCIDENT- PROPERTY CENTER PARKWAY/ROUTE 34 2012-00001009 07/18/2012 4255 - UNLAWFUL VISIT INTERFERE 100 BLK. E.SCHOOLHOUSE ROAD 2012-00001010 07/18/2012 .2825 - HARASSMENT BY TELEPHONE 800 BLK. MORGAN STREET 2012-00001011 07/19/2012 1130- FRAUD 600 BLK. E.VETERANS PARKWAY 2012-00001012 07/19/2012 9005 -ASSIST GOVERNMENT AGENCY DESK REPORT 2012-00001013 07/19/2012 0460- BATTERY 300 BLK. E.COUNTRYSIDE PARKWAY 2012-00001014 07/19/2012 9071-CITIZEN ASSIST 3900 BLK. HAVENHILL COURT 2012-00001015 07/19/2012 9062- FOUND ARTICLES 1000 BLK.S.BRIDGE STREET 2012-00001016 07/19/2012 1330-CRIM TRESPASS REAL PROP 300 BLK. MULHERN COURT 2012-00001017 07/19/2012 9564-ACCIDENT- PROPERTY ROUTE 47/E.WASHINGTON STREET 2012-00001018 07/12/2012 0486- DOMESTIC BATTERY 200 BLK. BERTRAM DRIVE 2012-00001019 07/19/2012 9562-ACCIDENT- INJURY ROUTE 47/ROUTE 34 2012-00001020 07/20/2012 2480-SUSPENDED/REVOKED DL LIBERTY STREET/E.SOMONAUK STREET 2012-00001021 07/20/2012 2410- DUI-ALCOHOL ROUTE 47/LANDMARK AVENUE, 2012-00001022 07/20/2012 9564-ACCIDENT- PROPERTY ROUTE 34/GAME FARM ROAD 2012-00001023 07/20/2012 0860- RETAIL THEFT 300 BLK. E.VETERANS PARKWAY 2012-00001024 07/20/2012 1310-CRIMINAL DAMAGE PROPERTY 4500 BLK. CAMDEN LANE 2012-00001025 07/21/2012 2480-SUSPENDED/REVOKED DL ROUTE 34/ISABEL DRIVE 2012-00001026 07/21/2012 9564-ACCIDENT- PROPERTY ROUTE 47/CENTER STREET 2012-00001027 07/21/2012 0820-THEFT UNDER 800 BLK. FREEMONT STREET 2012-00001028 07/21/2012 0820-THEFT UNDER 4000 BLK. N.BRIDGE STREET 2012-00001029 07/21/2012 5081- IN-STATE WARRANT 900 BLK. ERICA LANE 2012-00001030 07/21/2012 0860- RETAIL THEFT 900 BLK. ERICA LANE 2012-00001031 07/21/2012 9083 -ASSIST AMBULANCE 700 BLK.CLOVER COURT 2012-00001032 07/22/2012 9564-ACCIDENT- PROPERTY MILL STREET/E.WASHINGTON STREET 2012-00001033 07/22/2012 0760- BURGLARY FROM VEHICLE 200 BLK.W.SOMONAUK STREET 2012-00001034 07/22/2012 9020-SUSPICIOUS CIRCUMSTANCES 100 BLK. PALMER COURT 2012-00001035 07/22/2012 9004-ASSIST OTHER POLICE DEPT 300 BLK.W.ORANGE STREET 2012-00001036 07/23/2012 8041-ACCIDENT- HIT AND RUN 900 BLK. N.BRIDGE STREET 2012-00001037 07/23/2012 1310-CRIMINAL DAMAGE PROPERTY 900 BLK. GAME FARM ROAD 2012-00001038 07/23/2012 9569-ACCIDENT- PRIVATE PROP 0 BLK. W.000NTRYSIDE PARKWAY 2012-00001039 07/23/2012 9428- INVESTIGATION -SUICIDE 100 BLK. COLONIAL PARKWAY 2012-00001040 07/23/2012 9071-CITIZEN ASSIST 300 BLK. E.KENDALL DRIVE 2012-00001041 07/23/2012 9201- DOG BITE- HOME 300 BLK.WALSH CIRCLE 2012-00001042 07/24/2012 1730-CURFEW E.MAIN STREET/WOODWORTH STREET 2012-00001043 07/24/2012 0760- BURGLARY FROM VEHICLE 1300 BLK. E.SPRING STREET 3of5 Yorkville Police Department Incident Report Summary July 1, 2012 through July 31, 2012 x ' Report #12-0915 to #12-1090 IL v Report# Date Offense Location 2012-00001044 07/24/2012 0760- BURGLARY FROM VEHICLE 800 BLK.TERI LANE 2012-00001045 07/24/2012 .9060-SEX OFFENDER REGISTRATION 700 BLK.STATE STREET 2012-00001046 07/24/2012 9564-ACCIDENT- PROPERTY ROUTE 34/CAN N 0 N BALL TRAI L 2012-00001047 07/24/2012 9005-ASSIST GOVERNMENT AGENCY DESK REPORT 2012-00001048 07/24/2012 9564-ACCIDENT- PROPERTY ROUTE 47/BRISTOL BAY DRIVE 2012-00001049 07/24/2012 9562-ACCIDENT- INJURY E.000NTRYSIDE PARKWAY/MCHUGH ROAD 2012-00001050 07/24/2012 0760-BURGLARY FROM VEHICLE 100 BLK.APPLETREE COURT 2012-00001051 07/25/2012 2470- NO DRIVER'S LICENSE ROUTE 47/BOOMBAH BOULEVARD 2012-00001052 07/25/2012 9564-ACCIDENT- PROPERTY ROUTE 47/GALENA ROAD 2012-00001053 07/25/2012 9064- MISSING-ADULT MALE ROUTE 34/TIMBER RIDGE DRIVE 2012-00001054 07/25/2012 5081- IN-STATE WARRANT 100 BLK, W.VETERANS PARKWAY 2012-00001055 07/25/2012 2890-ALL OTHER DISORDERLY COND 4000 BLK. N.BRIDGE STREET 2012-00001056 07/25/2012 9564-ACCIDENT- PROPERTY 200 BLK.W.VETERANS PARKWAY 2012-00001057 07/26/2012 0820-THEFT UNDER 300 BLK. WINDHAM CIRCLE 2012-00001058 07/26/2012 9564-ACCIDENT- PROPERTY 0 BLK.W.VETERANS PARKWAY 2012-00001059 07/26/2012 0820-THEFT UNDER 1600 BLK. N.BEECHER ROAD 2012-00001060 07/26/2012 .5081-WARRANT ARREST ROUTE 34/GAME FARM ROAD 2012-00001061 07/27/2012 1310-CRIMINAL DAMAGE PROPERTY 2800 BLK. MCLELLAN BOULEVARD 2012-00001062 07/27/2012 2890-ALL OTHER DISORDERLY COND 1500 BLK. N.BRIDGE STREET 2012-00001063 07/27/2012 9037- DOMESTIC TROUBLE 1400 BLK.CRIMSON LANE 2012-00001064 07/27/2012 2890-ALL OTHER DISORDERLY COND 4000 BLK. N.BRIDGE STREET 2012-00001065 07/27/2012 9569-ACCIDENT- PRIVATE PROP 1200 BLK. N.BRIDGE STREET 2012-00001066 07/27/2012 0460- BATTERY WALNUT STREET/ROUTE 47 2012-00001067 07/27/2012 0820-THEFT UNDER 400 BLK.W.WASHINGTON STREET 2012-00001068 07/28/2012 9569-ACCIDENT- PRIVATE PROP 4000 BLK. N.BRIDGE STREET 2012-00001069 07/28/2012 0625- RESIDENTIAL BURGLARY 2100 BLK. MUIRFIELD COURT 2012-00001070 07/28/2012 9020-SUSPICIOUS CIRCUMSTANCES 4500 BLK. MARQUETTE STREET 2012-00001071 07/28/2012 2480-SUSPENDED/REVOKED DL ROUTE 126/ROUTE 71 2012-00001072 07/29/2012 2410- DUI-ALCOHOL ROUTE 47/COLONIAL PARKWAY 2012-00001073 07/29/2012 9569-ACCIDENT- PRIVATE PROP 800 BLK. ERICA LANE 2012-00001074 07/30/2012 0760-BURGLARY FROM VEHICLE 1200 BLK. DEER STREET 2012-00001075 .07/30/2012 9060-SEX OFFENDER REGISTRATION DESK REPO_ RT 2012-00001076 07/30/2012 0760- BURGLARY FROM VEHICLE 1200 BLK. DEER STREET 2012-00001077 07/30/2012 1150-CREDIT CARD FRAUD 400 BLK. NORWAY CIRCLE 2012-00001078 07/30/2012 9564-ACCIDENT- PROPERTY ROUTE 34/ROUTE 47 2012-00001079 07/30/2012 9564-ACCIDENT- PROPERTY DESK REPORT 2012-00001080 07/30/2012 0810-THEFT OVER$300 200 BLK. BERTRAM DRIVE 2012-00001081 07/30/2012 9564-ACCIDENT- PROPERTY OMAHA DRIVE/AUBURN DR_IVE 2012-00001082 07/30/2012 9005-ASSIST GOVERNMENT AGENCY 1000 BLK. HAMPTON LANE 2012-00001083 07/30/2012 9564-ACCIDENT- PROPERTY ROUTE 47/KENNEDY ROAD 2012-00001084 07/30/2012 9083-ASSIST AMBULANCE 1300 BLK. CHESTNUT LANE 2012-00001085 07/30/2012 1811- POSS CANNABIS<30 GRAMS 0 BLK.W.VETERANS PARKWAY 2012-00001086 07/31/2012 9066- MISSING JUVENILE 2100 BLK. HENNING LANE 4of5 Yorkville Police Department Incident Report Summary K July 1, 2012 through July 31, 2012 a �E Report #12-0915 to #12-1090 Report# Date Offense Location 2012-00001087 07/31/2012 9564-ACCIDENT- PROPERTY ROUTE 47/VAN EMMON STREET 2012-00001088 07/31/2012 .9564-ACCIDENT- PROPERTY ROUTE 47/RIVER STREET 2012-00001089 .07/31/2012 9083 -ASSIST AMBULANCE 500 BLK. MORGAN STREET 2012-00001090 07/31/2012 9564-ACCIDENT-PROPERTY 300 BLK. MILL STREET 5of5 Yorkville Police Department - Overtime Manhour Utilization Report - July 28, 2012 This report is based on hours paid out per payroll period (pi-weekly). Does not include overtime taken as compensatory time. Date Court Training Relief I Details I Admin Emerg Invest OIC Pay I Comm. Full Time Part Time 05/05/12 2.00 0.00 0.00 0.00! 0.00 0.00 3.50 4.00: 0.00 9.50 34.00 05/19/12 . 6.00 10.00 0.00 0.00 0.00 20.00 12.25 0.00 8.00 56.25 61.25 06/02/12 10.75 5.25 6.00' 66.50 0.00 0.00 5.00 4.00 0.00 97.50 107.00 06/16/12 6.00 5.25 11.00 0.00 0.00 2.00 0.50 10.00 0.00 34.75 102.50 06/30/12 4.75 7.50 20.00 0.00 0.00 3.50 12.00 6.00 0.00 53.75 96.00 07/14/12 3.00 0.00 6.00 24.00! 0.00 7.00 0.00 4.00 0.00 44.00 111.50 07/28/12 11.00 8.00 15.00 0.00' 0.00 0.00 9.00 6.00 0.00 49.00 88.00 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 0.00 FY10 11 Court Training Relief Details Admin Emerg Invest OIC Pay Comm. Full Time Part Time Totals 43.50 36.00 58.00 90.50 0.00 32.50 42.25 34.00 8.00 344.75 600.25 Percents 13% 10% 17% 26% 0%_ 9% 12% 10% 2% 100% N/A Average 6.21 5.14 8.29 12.93 0.00 4.64 6.04 4.86 1.14 13.26 85.75 **Note: Part-Time Hours include Officers, Cadet, Evidence Custodian Prepared by Molly Schwartzkopf 7/30/2012 Pagel Yorkville Police Department Manhour Report This report is based on actual hours per month, not payroll periods. January February March April Through July 28,2012 Regular OT Regular OT Regular OT Regular OT Administration Chief 173.33 n/a 173.33 n/a 173.33" n/a 173.33 n/a Deputy Chief(2) 346.66 n/a 346.66; n/a 346.66 n/a 346.66 n/a Records Staff Executive Assistant 173.33 n/a 173.33: n/a 173.33 n/a 173.33 n/a Records Clerk(2 F1 346.66 n/a 346.66; n/a 346.66; n/a 346.66 n/a Records Clerk (1 PI 2.2.7.5 n/a 13.00 n/a 14.50_ n/a 20.25 n/a Investigations Detectives 2_ 346.66 7.00 346.66 2.00 346.66 4.50 346.66: 15.00 Drug Officer(1) 173.33 20.50 173.33 13.00 173.33' 10.00 173.33 11.50 Co_m_ munity Policing School Resource(2) 173.33 0.00 173.33' 5.00 346.66 n/a 346.66 4.00 Patrol Sergeants (5) 693.32 0.00 693.32 0.00 693.32 3.00 693.32 6.00 Officers (12) 2426.62 33.50 2426.62 44.50 2253.29 61.50 2253.29 73.00 Officers (PT - 5) 74.00 n/a 56.00: n/a 64.00 n/a 68.00 n/a Part-Time/ Civilian , BFPC Secretary 11.75 n/a 26.75 n/a 23.25 n/a 18.75 n/a Cadet (1 - Jan/Mar) 71.25 n/a n/a: n/a 35.00 n/a n/a n/a Crossing Guards (3) 57.00 n/a 60.00' n/a 51.00 n/a 60.00 n/a - - --- Evidence Custodian 26.50 n/a 44.00 n/a 46.00 n/a 43.00 n/a Total Hours 5116.49 61.00 5052.99 64.50 5086.99 79.001 5063.24 109.50 "This column is the current month's manpower;it does not reflect prior month's manpower shifts. Yorkville Police Department Manhour Report This report is based on actual hours per month, not payroll periods. May June July August Through July 28, 2012 - Regular OT Regular OT Regular OT Regular OT Administration Chief 173.33 n/a 173.33 n/a 173.33 n/a Deputy Chief(2) 346.66 n/a 346.66 n/a 346.66 n/a R_ ecords Staff Executive Assistant 173.33 n/a 173.33 n/a 173.33 n/a Records Clerk (2 F1 346.66. n/a 3.46.66 n/a 346.66 n/a Records Clerk(1 PI 18.00 n/a 17_.50 n/a 29.25 n/a Investigations Detectives (2) 346.66 2.25 346.66 n/a 346.66 6.50 Drug Officer(1) 173.33 39.00 173.33 n/a 173.33 n/a Community Policing School Resource (2) 346.66 8.00 346.66 3.00 346.66 4.00 Patrol Sergeants (5) 693.32 30.00 693.32: 2.00 866.65 4.00 Officers (12) 2253.29 78.00 2253.29 94.75 2079.96 78.50 Officers (PT - 5) 122.75 n/a 161.00 n/a 143.00 n/a Part-Time/Civilian BFPC Secretary 2.00 n/a 10.00 n/a 6.50 n/a Cadet(1 - Jan/Mar) n/a n/a n/a n/a 7.50 n/a Crossing Guards (3) 36.00 n/a n/a n/a n/a n/a Evidence Custodian 59.50 n/a 47.50 n/a 49.00 n/a Total Hours 5091.49 157.25' 1 5089.24 99.75 5088.49 93.00 0.00 0.00 **This column is the current month's manpower;it does not reflect prior month's manpower shifts. Naperville July 17, 2012 Chief Richard Hart Yorkville Police Department 804 Game Farm Road Yorkville, IL 60560 Dear Chief Hart: We would like to extend an invitation to your agency to participate with the Naperville Police Department in a corridor traffic safety initiative along Ogden Avenue/U.S. Route 34 on Tuesday, August 14, 2012, commencing at 5:30 a.m. through 9 p.m. Police agencies along the Ogden Avenue/U.S. Route 34 corridor from Kendall, Kane, DeKalb, LaSalle, DuPage, and Cook Counties are being invited to participate. The purpose of the campaign is to increase the safety of motorists utilizing Ogden Avenue/U.S. Route 34 through public education and traffic enforcement. The campaign will include increased officer presence, as well as pre-campaign and post-campaign media releases. The Naperville Police Department will concentrate efforts on occupant restraint and speed violations, as well as other safety violations. However, each participating agency is asked to focus its efforts based upon the safety needs of its respective community. Your participation in this campaign is welcomed and goes a long way to helping us achieve our mission together to promote traffic safety on our roadways. Please contact Traffic Officer Ricky Krakow via e-mail (krakowrknaperville.il.us) to verify your agency's participation and for statistical compilation. R. Marshall Chief of Police RWMpkm Naperville Police Department-6 1350 Aurora Avenue-6 Naperville, Illinois.6 60540-6 (630) 420-6666-6 wwwnaperville.il.us ,SAD Co. Reviewed By: Agenda Item Number i d01% Legal ❑ II#5 Finance ❑ EST. 1836 Engineer ■ - City Administrator ■ Tracking Number "- Human Resources ❑ "$ �© Community Development ■❑ PW 2012-47 Police ALE �► � Public Works ■ Parks and Recreation ❑ Agenda Item Summary Memo Title: Road Maintenance Study -Update Meeting and Date: Committee of the Whole—August 14, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Informational Item Submitted by: Bart Olson Administration Name Department Agenda Item Notes: D Cll o Memorandum S : " To: Bart Olson, City Administrator EST. 1Z _ leas From: Brad Sanderson, EEI {O L `` CC: Eric Dhuse, Director of Public Works p Krysti Barksdale-Noble, Community Dev. Dir. <LECo� ,Z Lisa Pickering, Deputy City Clerk Date: August 8, 2012 Subject: Pavement Management Program The purpose of this memo is to provide a brief update on status of the project. Our sub-contractor has completed all of the necessary field work and is currently in the process of analyzing and preparing the data. The next steps in the process along with the proposed schedule are as follows: • Software Installation and Training September 2012 • Budgeting and Analysis September and October 2012 • Report and Presentation November 2012 • Finalization of Deliverables December 2012 If you have any questions or require additional information, please let us know. ,SAD Co. Reviewed By: Agenda Item Number i d01% Legal ❑ II#6 Finance ❑ EST. 1836 Engineer ■ - City Administrator ■ Tracking Number "- Human Resources ❑ "$ �© Community Development ■❑ PW 2012-48 Police ALE �► � Public Works ■ Parks and Recreation ❑ Agenda Item Summary Memo Title: River Road Bridge Update Meeting and Date: Committee of the Whole—August 14, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Informational Item Submitted by: Bart Olson Administration Name Department Agenda Item Notes: D Cll o Memorandum S : " To: Bart Olson, City Administrator EST. 1Z _ leas From: Brad Sanderson, EEI {O L `` CC: Eric Dhuse, Director of Public Works p Krysti Barksdale-Noble, Community Dev. Dir. <LECo� ,Z Lisa Pickering, Deputy City Clerk Date: August 8, 2012 Subject: River Road Bridge The purpose of this memo is to provide an update on status of the project. The preconstruction conference was held on May 1, 2012 and construction was scheduled to begin May 28, 2012. As you know, construction has been delayed due to conflicts with electric utility relocation. ComEd is scheduled to be onsite to move utilities on Sunday, August 19th at 1 1pm. Because of the load capacity of the lines in the area, work must occur overnight. ComEd expects the line movement to take two weeks, which means bridge construction will start in earnest at the beginning of September. Due to the delay caused by utility relocation, the opening of the bridge is going to be delayed until Summer 2013. Please note that construction would be placed on hold during the winter months. These timelines are estimated at this point. Updated schedules from the contactor will be requested upon the completion of the utility relocates. If you have any questions or require additional information, please let us know. ,SAD Co. Reviewed By: Agenda Item Number i d40 Legal ❑ II#7 Finance ■ EST. 1836 Engineer ❑ - City Administrator ■ Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ ADM 2012-47 Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: July Budget Report Meeting and Date: Committee of the Whole—August 14, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Informational Item Submitted by: Bart Olson Administration Name Department Agenda Item Notes: 3� o Memorandum To: City Council EST. 1836 From: Bart Olson, City Administrator p CIO Date: August 8, 2012 County Seat Subject: June 2012 and July 2012 budget reports ALE % General Fund Revenues 01-000-40-00-4000 Property Taxes—Corporate Levy The May, June, and July figures represent the first three property tax disbursements out of six. The amount collected in June is typically the largest, followed by September. 01-000-40-00-4030 Municipal Sales Tax The May figure of$177,588 is for consumer purchases made in February and turned into the state by the retailers in March. Our sales tax forecasting model projected this amount to be $169,277, so the actual figures were better than expected. This amount will be coded to FY 12. The June figure of$206,467 represents consumer purchases made in March and turned into the state by the retailers in April. Our sales tax forecasting model projected this amount to be $202,089, so the actual figures were better than expected. This amount will be coded to FY 12. The July figure of$199,248 represents consumer purchases made in April and turned into the state by the retailers in May. Our sales tax forecasting model projected this amount to be $191,304, so the actual figures were higher than expected. This amount will represent the first sales tax figure coded to FY 13. With the May and June figures (above)now known, we have our FY 12 sales tax figures complete. For FY 12, our sales taxes came in at $2,552,477, which was similar to our original budget figure of$2,550,000 and higher than our projected figure of$2,430,000. We projected $2,430,000 would be the final total when we were notified of ProBuild's closing. So, it appears that ProBuild's closing was offset by growth in other businesses. 01-000-40-00-4035 Non-home rule sales tax The May figure of$127,336 represents consumer purchases made in February and turned into the state by the retailers in March. This amount will be coded to FY 12. The June figure of$161,729 represents consumer purchases made in March and turned into the state by the retailers in April. This amount will be coded to FY 12. The July figure of$154,035 represents consumer purchases made in April and turned into the state by the retailers in May. Our sales tax forecasting model projected this amount to be $123,422, so the actual figures were higher than expected. Page 1 of 4 With the May and June figures (above)now known, we have our FY 12 non-home rule sales figures complete. For FY 12, our non-home rules sales taxes came in at $410,327 (three months worth). We did not have predictions for these months as we are in the first calendar year of the Non-Home Rule Sales tax, but it is safe to say that the non-home rule sales taxes have been higher than we anticipated. Also, we were able to correlate the relationship between sales and non home rule sales tax revenue at approximately 75%which is higher than the 60% difference we budgeted for, resulting in the potential of higher overall numbers over the coming months. 01-000-40-00-4050 Hotel Tax The May, June, and July 2011 figures were $2,900, $4,000, and $6,000 respectively. The May, June and July 2012 figures were $3,800, $4,600, and$6,000, respectively. We think the year-over-year increase in the May and June figures is indicative of the impact of the Marge Cline Whitewater Course and Raging Waves, and the early summer weather. 01-000-40-00-4065 Admissions Tax This line-item represents the admissions tax on Raging Waves that is refunded to the developer to pay for on-site improvements. This amount is due to the City in October. 01-000-41-00-4100 State Income Tax State income taxes are still arriving late (3-6 later than expected)but are increasing year-over- year, in a potential sign the Illinois economy is improving. 01-000-42-00-4210 Building Permits Building permit amounts are expected to be high during summer months, but the amounts are higher than expected and higher than they were last year. General Fund Expenses All line-items, all departments Operational supplies and professional service contract expenditures are in-line with expectations at this time of year. A detailed expense report for professional services line-items for all departments is attached to this memo for your use. FY 12 figures, to be released during the FY 12 audit, for departmental expenditure line-items were well under expectations across all departments. 01-640-54-00-5465 Engineering Services The $35,000 entry in June represents the gross payment to EEI for services from the middle of April to the middle of June. Developer reimbursements and deposits will offset this expense, and are reflected in the reimbursement line-items in the general fund revenue sections. The average net cost of engineering services has been between $12,000 and $20,000 per month. For FY 12, we were over our $180,000 budgeted amount for this line-item,but were still under the FY 1 I actual amount for in-house engineering services. Page 2 of 4 Police Capital Budget 20-200-60-00-6060 Equipment The June figure represents squad car buildout expenses for the new squad cars, and the July figure represents the payment of tornado siren invoices. 20-200-60-00-6070 Vehicles Two new squad cars were purchased in May. City-Wide Capital Budget 23-000-49-00-4901 Transfer from General This line-item contains just enough money to offset any capital expenses in the City-wide capital budget. Additionally, $332,000 of this line-item will house the Library's impact fee transfer for Game Farm Road improvements. We are transferring this amount from the general fund to the City-wide capital fund each month on a 1/12th basis All Impact/Capital Fee Budgets Various line-item#'s All Departments BUILD permit revenue and expenses are reflected in offsetting revenue and expense line-items. When we receive a payment of a BUILD permit, we code the individual impact fees to be refunded in their various departments as revenues. Immediately,we code a subsequent expense amount in the same department (to reflect that we will be cutting a check to the individual for the paid amount). Water Fund In general, the water fund is upside-down at this point in the fiscal year because of the timing of debt service payments. 51-510-75-00-7502 Grande Reserve Court Order The final payment on the Grande Reserve Court Order is due in November 2012, which means there are only 4 payments left. REC Center 80-800-54-00-5485 Rental and Lease Purchase The May lease payment is approved by the Park Board in April and journaled forward to the May 2012 column, and the June lease payment is approved by Park Board in May and left in the May 2012 column, resulting in two payments in the May 2012 budget column. This will be offset at the end of the year, with no payment reflected in the April 2013 budget report. Page 3 of 4 80-800-54-00-5497 Property Tax Pae The first half of the annual property tax payment was made in May 2012. This large expense is the reason the REC Center budget is upside-down at this point in the fiscal year. Page 4 of 4 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %of Fiscal Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %of Budget GENERAL FUND REVENUES Taxes 01-000-40-00-4000 PROPERTY TAXES-CORPORATE LEVY 325,574 811,918 30,493 1,167,984 2,288,133 51.05% 01-000-40-00-4010 PROPERTY TAXES-POLICE PENSION 62,734 156,446 5,876 225,055 413,354 54.45% 01-000-40-00-4012 PROPERTY TAXES-FOX INDUSTRIAL - - - - 20,000 0.00% 01-000-40-00-4030 MUNICIPAL SALES TAX 177,588 206,467 199,248 583,303 2,325,000 25.09% 01-000-40-00-4035 NON-HOME RULE SALES TAX 127,336 161,729 154,035 443,100 1,500,000 29.54% 01-000-40-00-4040 ELECTRIC UTILITY TAX - 147,598 - 147,598 603,432 24.46% 01-000-40-00-4041 NATURAL GAS UTILITY TAX - 65,896 - 65,896 296,514 22.22% 01-000-40-00-4043 TELECOMMUNICATIONS TAX 39,153 49,552 39,941 128,646 490,000 26.25% 01-000-40-00-4044 TELEPHONE UTILITY TAX 1,422 1,400 1,360 4,182 23,500 17.79% 01-000-40-00-4045 CABLE FRANCHISE FEES 51,537 - - 51,537 230,000 22.41% 01-000-40-00-4050 HOTEL TAX 3,893 4,663 6,045 14,601 50,000 29.20% 01-000-40-00-4060 AMUSEMENT TAX 2,097 7,549 458 10,104 134,000 7.54% 01-000-40-00-4065 ADMISSIONS TAX - - - - 104,500 0.00% 01-000-40-00-4070 BUSINESS DISTRICT TAX 20,290 28,833 22,647 71,770 300,000 23.92% 01-000-40-00-4075 AUTO RENTAL TAX 838 748 773 2,360 10,000 23.60% Intergovernmental 01-000-41-00-4100 STATE INCOME TAX 263,968 94,310 146,433 504,711 1,320,000 38.24% 01-000-41-00-4105 LOCAL USE TAX 17,811 22,020 20,307 60,138 242,400 24.81% 01-000-41-00-4110 ROAD&BRIDGE TAX 26,133 59,409 2,217 87,759 170,000 51.62% 01-000-41-00-4120 PERSONAL PROPERTY TAX 2,230 - 2,881 5,111 16,000 31.94% 01-000-41-00-4160 FEDERAL GRANTS 1,107 - 1,107 9,200 12.03% 01-000-41-00-4170 STATE GRANTS - - - 0.00% 01-000-41-00-4182 MISC INTERGOVERNMENTAL - - 2,000 0.00% Licenses&Permits 01-000-42-00-4200 LIQUOR LICENSE 1,773 - 1,773 40,000 4.43% 01-000-42-00-4205 OTHER LICENSES&PERMITS 60 232 - 292 2,700 10.80% 01-000-42-00-4210 BUILDING PERMITS 15,853 17,748 8,896 42,497 126,600 33.57% Fines&Forfeits 01-000-43-00-4310 TRAFFIC FINES 4,338 4,515 5,711 14,564 95,000 15.33% 01-000-43-00-4320 ADMINISTRATIVE ADJUDICATION 1,580 3,096 1,944 6,620 26,000 25.46% 01-000-43-00-4325 POLICE TOWS 3,500 3,000 9,500 16,000 80,000 20.00% 01-000-43-00-4350 LATE PMT PENALTIES-GARBAGE 14 4,022 20 4,056 - 0.00% Char es or Service 01-000-44-00-4400 GARBAGE SURCHARGE (15) 201,224 220 201,429 1,021,784 19.71% 01-000-44-00-4405 COLLECTION FEE-YBSD - - - - 151,500 0.00% 01-000-44-00-4474 POLICE SPECIAL DETAIL - - - - 5,000 0.00% 01-000-44-00-4475 OFFENDER REGISTRATION FEES 5 30 30 65 500 13.00% Investment Earnings 01-000-45-00-4500 INVESTMENT EARNINGS 584 641 762 1,987 3,100 64.10% Reimbursements 01-000-46-00-4601 REIMB-LEGAL EXPENSES 1,100 - 1,096 2,196 - 0.00% 01-000-46-00-4604 REIMB-ENGINEERING EXPENSES 41,145 945 5,283 47,372 - 0.00% 01-000-46-00-4650 REIMB-TRAFFIC SIGNAL - - - - 15,000 0.00% 01-000-46-00-4668 REIMB-COBRA CONTRIBUTIONS 817 854 854 2,525 12,500 20.20% 01-000-46-00-4669 REIMB-RETIREE CONTRIBUTIONS 3,968 4,929 3,007 11,904 60,398 19.71% 01-000-46-00-4670 REIMB-EMP INS CONTRIBUTIONS 5,193 5,265 5,379 15,837 61,295 25.84% 01-000-46-00-4671 REIMB-LIFE INSURANCE 181 181 207 569 1,699 33.48% 1 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %ofFiscat Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %of Budget 01-000-46-00-4680 REIMB-LIABILITY INSURANCE 6,608 1,302 7,910 5,000 158.21% 01-000-46-00-4681 REIMB-WORKERS COMP 25,557 - 25,557 - 0.00% 01-000-46-00-4685 REIMB-CABLE CONSORTIUM 18,128 - - 18,128 40,000 45.32% 01-000-46-00-4690 REIMB-MISCELLANEOUS 753 417 165 1,334 4,000 33.35% Other Financing Sources 01-000-48-00-4820 RENTALINCOME 875 725 545 2,145 8,000 26.81% 01-000-48-00-4850 MISCELLANEOUS INCOME - - 3,000 0.00% TOTAL REVENUES:GENERAL FUND 1,255,727 2,067,658 676,334 3,999,719 12,311,109 32.49% ADMINISTRATION EXPENDITURES Salaries&Wages 01-110-50-00-5001 SALARIES-MAYOR 825 725 825 2,375 11,000 21.59% 01-110-50-00-5002 SALARIES-LIQUOR COMM 83 83 83 250 1,000 25.00% 01-110-50-00-5003 SALARIES-CITY CLERK 742 742 642 2,125 9,000 23.61% 01-110-50-00-5004 SALARIES-CITY TREASURER 500 500 300 1,300 6,500 20.00% 01-110-50-00-5005 SALARIES-ALDERMAN 4,000 3,800 3,900 11,700 50,320 23.25% 01-110-50-00-5010 SALARIES-ADMINISTRATION 18,304 19,627 19,362 57,293 255,000 22.47% 01-110-50-00-5020 OVERTIME - - - - 575 0.00% Benefits 01-110-52-00-5212 RETIREMENT PLAN CONTRIBUTION 2,222 2,330 2,199 6,750 28,383 23.78% 01-110-52-00-5214 FICA CONTRIBUTION 1,695 1,773 1,745 5,213 22,500 23.17% 01-110-52-00-5216 GROUP HEALTH INSURANCE 4,580 4,721 4,651 13,952 72,456 19.26% 01-110-52-00-5222 GROUP LIFE INSURANCE 29 50 66 145 614 23.61% 01-110-52-00-5223 GROUP DENTAL INSURANCE 386 430 408 1,224 5,096 24.01% 01-110-52-00-5224 VISION INSURANCE 44 44 44 133 586 22.74% 01-110-52-00-5235 ELECTED OFFICIAL-GROUP HEALTH INS 8,445 8,888 8,666 25,999 133,917 19.41% 01-110-52-00-5236 ELECTED OFFICIAL-GROUP LIFE INSURANCE 44 70 57 171 1,043 16.35% 01-110-52-00-5237 ELECTED OFFICIAL-DENTAL INSURANCE 758 846 802 2,406 10,008 24.04% 01-110-52-00-5238 ELECTED OFFICIAL-VISION INSURANCE 86 86 86 257 1,129 22.73% Contractual Services 01-110-54-00-5412 TRAINING&CONFERENCES 3,000 0.00% 01-110-54-00-5415 TRAVEL&LODGING 31 28 59 6,000 0.98% 01-110-54-00-5426 PUBLISHING&ADVERTISING - - - 1,000 0.00% 01-110-54-00-5430 PRINTING&DUPLICATION 441 660 1,102 6,750 16.32% 01-110-54-00-5440 TELECOMMUNICATIONS 1,902 843 2,746 15,000 18.30% 01-110-54-00-5448 FILING FEES 39 - 39 500 7.80% 01-110-54-00-5451 CODIFICATION - - - 8,000 0.00% 01-110-54-00-5452 POSTAGE&SHIPPING - - 113 113 14,000 0.81% 01-110-54-00-5460 DUES&SUBSCRIPTIONS 8,702 1,036 155 9,893 16,600 59.60% 01-110-54-00-5462 PROFESSIONAL SERVICES 541 678 679 1,898 20,000 9.49% 01-110-54-00-5473 KENDALL COUNTY PARATRANSIT - - - - 30,000 0.00% 01-110-54-00-5480 UTILITIES - 22 - 22 23,100 0.09% 01-110-54-00-5485 RENTAL&LEASE PURCHASE 143 143 143 429 1,900 22.58% 01-110-54-00-5488 OFFICE CLEANING - 1,196 1,196 2,392 14,400 16.61% 2 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %of Fiscal Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %of Budget Supplies 01-110-56-00-5610 OFFICE SUPPLIES 1,229 557 246 2,031 12,000 16.92% 01-110-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE - - - - 850 0.00% 01-110-56-00-5640 REPAIR&MAINTENANCE - - - - 100 0.00% ITOTAIL EXPENDITURES:ADMINISTRATION 53,357 50,760 47,898 152,015 782,327 19.43% FINANCE EXPENDITURES Salaries&Wages IL 01-120-50-00-5010 SALARIES&WAGES 12,991 14,152 13,295 40,438 185,000 21.86% Benefits 01-120-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,281 1,393 1,311 3,985 18,659 21.36% 01-120-52-00-5214 FICA CONTRIBUTION 985 1,074 1,009 3,068 13,005 23.59% 01-120-52-00-5216 GROUP HEALTH INSURANCE 1,578 1,688 1,633 4,899 26,472 18.51% 01-120-52-00-5222 GROUP LIFE INSURANCE 22 38 30 89 461 19.37% 01-120-52-00-5223 DENTALINSURANCE 241 269 255 765 3,182 24.05% 01-120-52-00-5224 VISION INSURANCE 27 27 27 81 356 22.74% Contractual Services 01-120-54-00-5412 TRAINING&CONFERENCES 440 155 - 595 2,000 29.75% 01-120-54-00-5414 AUDITING SERVICES - - - 36,000 0.00% 01-120-54-00-5415 TRAVEL&LODGING 18 71 89 1,000 8.90% 01-120-54-00-5430 PRINTING&DUPLICATING 500 0.00% 01-120-54-00-5440 TELECOMMUNICATIONS 45 45 90 600 15.00% 01-120-54-00-5452 POSTAGE&SHIPPING - - - 500 0.00% 01-120-54-00-5460 DUES&SUBSCRIPTIONS 80 - 35 115 850 13.53% 01-120-54-00-5462 PROFESSIONAL SERVICES 37 572 2,723 3,333 40,000 8.33% 01-120-54-00-5485 RENTAL&LEASE PURCHASE 143 143 143 429 4,900 8.76% 01-120-54-00-5495 OUTSIDE REPAIR&MAINTENANCE - - - - 1,800 0.00% 01-120-56-00-5610 OFFICE SUPPLIES 273 11 29 313 2,500 12.52% 01-120-56-00-5630 SMALL TOOLS&EQUIPMENT - - 250 0.00% 01-120-56-00-5635 COMPUTER EQUIPMENT&SOFTWARF - - - - 2,500 0.00% TOTAL EXPENDITURES:FINANCE 18,099 19,585 20,605 58,289 3409535 17.12% POLICE EXPENDITURES Salaries&Wages 01-210-50-00-5010 SALARIES-POLICE OFFICERS 87,792 92,359 89,850 270,001 1,261,000 21.41% 01-210-50-00-5011 SALARIES-POLICE CHIEF&DEPUTIES 21,248 24,183 21,329 66,760 317,000 21.06% 01-210-50-00-5012 SALARIES-SERGEANTS 22,788 23,286 22,935 69,008 430,000 16.05% 01-210-50-00-5013 SALARIES-POLICE CLERKS 9,434 10,161 9,567 29,162 135,000 21.60% 01-210-50-00-5014 SALARIES-CROSSING GUARD 2,110 844 - 2,954 20,000 14.77% 01-210-50-00-5015 PART-TIME SALARIES 2,017 3,614 3,584 9,215 52,500 17.55% 01-210-50-00-5020 OVERTIME 5,429 10,280 11,348 27,058 90,000 30.06% Benefits 01-210-52-00-5212 RETIREMENT PLAN CONTRIBUTION 884 950 889 2,723 15,818 17.21% 01-210-52-00-5213 EMPLOYER CONTRI-POL PEN 62,734 156,446 5,876 225,055 413,354 54.45% 01-210-52-00-5214 FICA CONTRIBUTION 11,035 12,089 11,613 34,737 175,000 19.85% 01-210-52-00-5216 GROUP HEALTH INSURANCE 26,554 29,763 28,158 84,475 517,950 16.31% 01-210-52-00-5222 GROUP LIFE INSURANCE 203 581 400 1,183 5,635 21.00% 01-210-52-00-5223 DENTALINSURANCE 2,474 2,939 2,706 8,119 37,428 21.69% 01-210-52-00-5224 VISION INSURANCE 283 301 319 903 4,272 21.14% 3 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %of Fiscal Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %of Budget Contractual Services 01-210-54-00-5410 TUITION REIMBURSEMENT - - - 2,800 0.00% 01-210-54-00-5411 POLICE COMMISSION 500 625 821 1,946 4,000 48.64% 01-210-54-00-5412 TRAINING&CONFERENCES 2,250 961 245 3,456 15,000 23.04% 01-210-54-00-5415 TRAVEL&LODGING 39 201 376 616 10,000 6.16% 01-210-54-00-5426 PUBLISHING&ADVERTISING - - - - 200 0.00% 01-210-54-00-5430 PRINTING&DUPLICATING 82 692 774 4,500 17.20% 01-210-54-00-5440 TELECOMMUNICATIONS 44 2,926 993 3,963 36,500 10.86% 01-210-54-00-5452 POSTAGE&SHIPPING - 18 18 3,000 0.61% 01-210-54-00-5460 DUES&SUBSCRIPTIONS - 50 50 100 1,350 7.41% 01-210-54-00-5462 PROFESSIONAL SERVICES 387 184 100 671 5,000 13.42% 01-210-54-00-5466 LEGAL SERVICES - - - - 20,000 0.00% 01-210-54-00-5467 ADMIN ADJ-HEARING OFFICER 858 2,380 3,238 20,000 16.19% 01-210-54-00-5469 NEW WORLD LIVE SCAN - - - 15,000 0.00% 01-210-54-00-5472 KENDALL CO.JUVE PROBATION - - 4,000 0.00% 01-210-54-00-5484 MDT-ALERTS FEE - 3,330 - 3,330 7,000 47.57% 01-210-54-00-5485 RENTAL&LEASE PURCHASE 277 352 352 981 4,500 21.80% 01-210-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 938 7,639 2,907 11,484 61,000 18.83% Supplies 01-210-56-00-5600 WEARING APPAREL 67 1,107 535 1,709 16,000 10.68% 01-210-56-00-5610 OFFICE SUPPLIES 153 520 673 4,000 16.82% 01-210-56-00-5620 OPERATING SUPPLIES 680 595 1,275 8,000 15.94% 01-210-56-00-5635 COMPUTER EQUIPMENT&SOFTWARF 163 2,499 2,662 7,000 38.03% 01-210-56-00-5640 REPAIR&MAINTENANCE 16 358 345 719 12,250 5.87% 01-210-56-00-5650 COMMUNITY SERVICES - - - 7,370 0.00% 01-210-56-00-5690 SUPPLIES-GRANT REIMBURSABLE - 3,025 3,025 4,200 72.02% 01-210-56-00-5695 GASOLINE 6,472 7,001 13,473 90,950 14.81% 01-210-56-00-5696 AMMUNITION - 207 - 207 2,000 10.35% TOTAL EXPENDITURES:POLICE 259,505 394,142 232,028 885,674 39840,577 23.06% COMMUNITY DEVELOPMENT EXPENDITURES Salaries&Wages 01-220-50-00-5010 SALARIES&WAGES 14,236 14,435 15,373 44,043 195,000 22.59% 01-220-50-00-5015 PART-TIME SALARIES - - - - 53,000 0.00% Benefits 01-220-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,306 1,259 1,349 3,914 26,227 14.92% 01-220-52-00-5214 FICA CONTRIBUTION 1,050 1,065 1,137 3,252 19,000 17.11% 01-220-52-00-5216 GROUP HEALTH INSURANCE 2,740 2,837 2,789 8,366 59,499 14.06% 01-220-52-00-5222 GROUP LIFE INSURANCE 15 56 35 105 461 22.87% 01-220-52-00-5223 DENTALINSURANCE 241 269 255 765 4,139 18.49% 01-220-52-00-5224 VISION INSURANCE 27 27 - 54 471 11.46% Contractual Services 01-220-54-00-5412 TRAINING&CONFERENCES - - 1,500 0.00% 01-220-54-00-5415 TRAVEL&LODGING 1,000 0.00% 01-220-54-00-5426 PUBLISHING&ADVERTISING 94 94 500 18.80% 4 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %of Fiscal Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %of Budget 01-220-54-00-5430 PRINTING&DUPLICATING 119 385 504 4,250 11.85% 01-220-54-00-5440 TELECOMMUNICATIONS 151 153 304 1,500 20.24% 01-220-54-00-5452 POSTAGE&SHIPPING - - - 500 0.00% 01-220-54-00-5459 INSPECTIONS - - 25,000 0.00% 01-220-54-00-5460 DUES&SUBSCRIPTIONS 422 - - 422 1,500 28.13% 01-220-54-00-5462 PROFESSIONAL SERVICES - 3,600 1,607 5,207 6,000 86.78% 01-220-54-00-5466 LEGAL SERVICES - 366 618 983 2,000 49.16% 01-220-54-00-5485 RENTAL&LEASE PURCHASE 273 273 273 819 3,600 22.75% 01-220-54-00-5486 ECONOMIC DEVELOPMENT - - - - 45,000 0.00% Supplies 01-220-56-00-5610 OFFICE SUPPLIES 34 15 50 500 9.98% 01-220-56-00-5620 OPERATING SUPPLIES 1,282 - 1,282 3,000 42.74% 01-220-56-00-5630 SMALL TOOLS&EQUIPMENT - 4 4 125 3.59% 01-220-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 1,211 1,211 3,500 34.61% 01-220-56-00-5645 BOOKS&PUBLICATIONS - - - 500 0.00% 01-220-56-00-5695 GASOLINE - 172 262 434 3,654 11.88% TOTAL EXPENDITURES:COMMUNITY DEVELP 20,344 26,020 25,450 71,814 461,426 15.56% PUBLIC WORKS-STREET OPERATIONS EXPENDITURES Salaries&Wages 01-410-50-00-5010 SALARIES&WAGES 19,701 20,818 19,822 60,341 280,000 21.55% 01-410-50-00-5020 OVERTIME 224 - 701 925 15,000 6.17% Benefits 01-410-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,921 2,007 1,978 5,906 31,753 18.60% 01-410-52-00-5214 FICA CONTRIBUTION 1,470 1,538 1,514 4,521 23,500 19.24% 01-410-52-00-5216 GROUP HEALTH INSURANCE 6,729 6,461 6,595 19,786 83,361 23.74% 01-410-52-00-5222 GROUP LIFE INSURANCE 36 179 109 325 1,317 24.67% 01-410-52-00-5223 DENTAL INSURANCE 559 623 591 1,773 6,826 25.97% 01-410-52-00-5224 VISIONINSURNCE 59 59 59 176 773 22.72% Contractual Services 01-410-54-00-5412 TRAINING&CONFERENCES - 705 - 705 2,000 35.25% 01-410-54-00-5440 TELECOMMUNICATIONS 212 216 428 4,020 10.64% 01-410-54-00-5446 PROPERTY&BUILDING MAINT SERVICES 25 1,269 - 1,294 20,000 6.47% 01-410-54-00-5454 SIDEWALK PROGRAM - - 110 110 4,000 2.76% 01-410-54-00-5455 MOSQUITO CONTROL 6,730 - - 6,730 7,000 96.14% 01-410-54-00-5458 TREE&STUMP REMOVAL - 164 3,596 3,760 20,000 18.80% 01-410-54-00-5462 PROFESSIONAL SERVICES - 600 600 1,000 60.00% 01-410-54-00-5480 UTILITIES - 2,672 2,562 5,234 90,000 5.82% 01-410-54-00-5485 RENTAL&LEASE PURCHASE 33 33 248 314 1,000 31.43% 01-410-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 126 1,365 405 1,896 35,000 5.42% Supplies 01-410-56-00-5600 WEARING APPAREL 39 275 66 381 4,200 9.07% 01-410-56-00-5620 OPERATING SUPPLIES 106 116 197 419 9,500 4.41% 01-410-56-00-5630 SMALL TOOLS&EQUIPMENT - 11 73 84 1,750 4.82% 01-410-56-00-5640 REPAIR&MAINTENANCE - 2,614 653 3,267 36,500 8.95% 01-410-56-00-5656 PROPERTY&BUILDING MAINT SUPPLIES 173 51 277 501 20,000 2.50% 01-410-56-00-5695 GASOLINE - 1,891 1,843 3,734 15,952 23.41% TOTAL EXP:PUBLIC WORKS-STREET OPS 37,931 43,064 429216 123,210 7149452 17.25% 5 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %of Fiscal Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %ot'Budget PW-HEALTH&SANITATION EXPENDITURES Contractual Services 01-540-54-00-5441 GARBAGE SRVCS-SR SUBSIDY 13,100 13,100 153,216 8.55% 01-540-54-00-5442 GARBAGE SERVICES 84,769 84,769 1,046,784 8.10% 01-540-54-00-5443 LEAF PICKUP - - 6,000 0.00% TOTAL EXPENDITURES:HEALTH&SANITATION 97,868 - 97,868 1,206,000 8.12% ADMINISTRATIVE SERVICES EXPENDITURES Salaries&Wa es 01-640-50-00-5092 POLICE SPECIAL DETAIL WAGES 5,000 0.00% Benefits 01-640-52-00-5212 RETIREMENT PLAN CONTRIBUTION-ERI - - - - 60,000 0.00% 01-640-52-00-5225 EMPLOYEE ASSISTANCE 150 0.00% 01-640-52-00-5230 UNEMPLOYMENT INSURANCE 11,387 - 3,846 15,233 47,143 32.31% 01-640-52-00-5231 LIABILITY INSURANCE 69,484 15,879 17,119 102,482 332,256 30.84% 01-640-52-00-5240 RETIREES-GROUP HEALTH INS. 5,764 5,988 5,876 17,629 104,458 16.88% 01-640-52-00-5241 RETIREES-DENTAL INSURANCE 397 440 419 1,256 5,246 23.95% 01-640-52-00-5242 RETIREES-VISION INSURANCE 48 48 48 145 636 22.73% 01-640-52-00-5250 COBRA-GROUP HEALTH INS 408 (817) - (408) 11,375 -3.59% 01-640-52-00-5251 COBRA-DENTAL INSURANCE - - - 1,000 0.00% 01-640-52-00-5252 COBRA-VISION INSURANCE - - - 125 0.00% Contractual Services 01-640-54-00-5450 INFORMATION TECH SRVCS 2,040 4,635 18,067 24,742 140,000 17.67% 01-640-54-00-5456 CORPORATE COUNSEL - 6,562 - 6,562 130,000 5.05% 01-640-54-00-5461 LITIGATION COUNSEL - - 12,607 12,607 60,000 21.01% 01-640-54-00-5462 PROFESSIONAL SERVICES 450 - - 450 500 90.00% 01-640-54-00-5463 SPECIAL COUNSEL - 225 450 675 25,000 2.70% 01-640-54-00-5465 ENGINEERING SERVICES 35,010 - 35,010 180,000 19.45% 01-640-54-00-5475 CABLE CONSORTIUM FEE - - - 85,000 0.00% 01-640-54-00-5481 HOTEL TAX REBATE 4,179 4,179 45,000 9.29% 01-640-54-00-5491 CITY PROPERTY TAX REBATE - - 1,500 0.00% 01-640-54-00-5492 SALES TAX REBATE - - - - 824,000 0.00% 01-640-54-00-5493 BUSINESS DISTRICT REBATE 20,290 28,833 22,647 71,770 300,000 23.92% 01-640-54-00-5494 ADMISSIONS TAX REBATE - - - - 104,500 0.00% Supplies 01-640-56-00-5625 REIMBURSEABLE REPAIRS 6,600 802 7,403 5,000 148.06% Contingencies , 01-640-70-00-7799 CONTINGENCIES 50,000 0.00% Other Financing Uses Isom 01-640-99-00-9923 TRANSFER TO CITY WIDE CAPITAL 34,944 34,944 34,944 104,833 419,332 25.00% 01-640-99-00-9942 TRANSFER TO DEBT SERVICE 8,289 8,289 8,289 24,866 99,465 25.00% 01-640-99-00-9979 TRANSFER TO PARK&RECREATION 79,657 79,657 79,657 238,972 955,886 25.00% 01-640-99-00-9982 TRANSFER TO LIBRARY OPS 9,733 1,801 1,801 13,335 41,978 31.779/6 TOTAL EXPENDITURES:ADMIN SERVICES 242,892 2289095 210,752 681,739 F 4,0349550 16.90% TOTAL FUND REVENUES 1,255,727 2,067,658 676,334 3,999,719 12,311,109 32.49% TOTAL FUND EXPENDITURES 632,126 859,533 578,948 2,070,608 11,379,867 18.20% FUND SURPLUS(DEFICIT) 623,600 1,208,125 97,386 1,929,111 931,242 6 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %of Fiscal Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %ot'Budget FOX HILL SSA REVENUES 11-000-40-00-4011 PROPERTY TAXES-FOX HILL SSA 551 1,286 90 1 1,927 3,786 1 50.90% 11-000-45-00-4500 1 INVESTMENT EARNINGS 0 0 on 1 - 0.00% TOTAL REVENUES:FOX HILL SSA 551 1,286 91 l 1,928 3,786 1 50.93% FOX HILL SSA EXPENDITURES 11-111-54-00-5495 1 OUTSIDE REPAIR&MAINTENANCE 529 1,338 1 1,867 4,500 1 41.49% TOTAL FUND REVENUES 551 1,286 91 1,928 3,786 50.93% TOTAL FUND EXPENDITURES 529 1,338 1,867 4,500 41.49% FUND SURPLUS(DEFICIT) 551 757 (1,248) 61 (714) SUNFLOWER SSA REVENUES 12-000-40-00-4012 PROPERTY TAXES-SUNFLOWER SSA 1,370 2,467 1 57 1 3,894 7,531 51.70% 12-000-45-00-4500 INVESTMENT EARNINGS 0 1 I 1 1 - 0.00% TOTAL REVENUES:SUNFLOWER SSA 1,370 2,467 1 58 l 3,895 1 7,531 51.72% SUNFLOWER SSA EXPENDITURES 12-112-54-00-5495 1 OUTSIDE REPAIR&MAINTENANCE 1,312 2,854 1 4,166 9,986 41.72% TOTAL FUND REVENUES 1,370 2,467 1 58 1 3,895 7,531 1 51.72% TOTAL FUND EXPENDITURES 1,312 2,854 l 4,166 9,986 41.72% FUND SURPLUS(DEFICIT) 1,370 1,155 (2,796) (271) (2,455) MOTOR FUEL TAX REVENUES 15-000-41-00-4112 MOTOR FUEL TAX 32,850 36,593 30,824 100,267 415,000 24.16% 15-000-41-00-4113 MFT HIGH GROWTH - - - - 39,197 0.00% 15-000-45-00-4500 INVESTMENT EARNINGS 212 208 219 639 350 182.61% TOTAL REVENUES:MOTOR FUEL TAX 339063 36,801 31,043 100,906 4549547 22.20% MOTOR FUEL TAX EXPENDITURES Supplies 15-155-56-00-5618 SALT - - - - 231,000 0.00% 15-155-56-00-5619 SIGNS 106 175 281 35,000 0.80% 15-155-56-00-5632 PATCHING - - - 50,000 0.00% 15-155-56-00-5633 COLD PATCH 1,647 1,647 11,660 14.13% 15-155-56-00-5634 HOT PATCH 2,901 2,901 14,300 20.28% Capital Outlay 15-155-60-00-6073 GAME FARM ROAD PROJECT - - 110,000 0.00% 15-155-60-00-6079 ROUTE 47 EXPANSION 121,900 0.00% TOTAL FUND REVENUES 33,063 36,801 31,043 100,906 454,547 22.20% TOTAL FUND EXPENDITURES - 106 4,723 l 4,829 573,860 0.84% FUND SURPLUS(DEFICIT) 33,063 36,695 26,320 96,078 1 (119,313) MUNICIPAL BUILDING REVENUES 16-000-42-00-4214 DEVELOPMENT FEES 900 450 300 1 1,650 5,250 1 31.43% 16-000-42-00-4216 BUILD PROGRAM PERMIT 300 300 600 l 1,200 0.00% TOTAL REVENUES:MUNICIPAL BUILDING 1,2001 750 1 900 N 2,850 1 5,250 1 54.29% 7 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %of Fiscal Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %ot'Budget MUNICIPAL BUILDING EXPENDITURES 16-160-54-00-5405 BUILD PROGRAM 300 1 300 600 1 1,200 - 0.00% ITOTAL FUND REVENUES 1,200 750 900 2,850 5,250 54.29% TOTAL FUND EXPENDITURES 300 300 600 1,200 - 0.00% FUND SURPLUS(DEFICIT) 900 450 300 1,650 5,250 POLICE CAPITAL REVENUES Licenses&Permits' 20-000-42-00-4214 DEVELOPMENT FEES 2,250 3,409 1,800 7,459 10,500 71.04% 20-000-42-00-4217 WEATHER WARNING SIREN FEES - - - - 6,000 0.00% Fines&Forfeits 20-000-43-00-4315 DUI FINES 594 126 720 6,000 12.00% 20-000-43-00-4316 ELECTRONIC CITATION FEE 62 70 132 650 20.31% 20-000-43-00-4340 SEIZED VEHICLE PROCEEDS - - 9,000 9,000 5,000 180.00% Investment Earnings ■ 20-000-45-00-4500 INVESTMENT EARNINGS 2 3 3 9 50 17.34% Miscellaneous 20-000-48-00-4880 SALE OF FIXED ASSETS - 200 - 200 1,000 20.00% TOTAL REVENUES:POLICE CAPITAL 2,908 3,808 10,803 17,520 29,200 60.00% POLICE CAPITAL EXPENDITURES Contractual Services 20-200-54-00-5462 PROFESSIONAL SERVICES - 3.542 k39,451 3,542 2,500 ;168% 20-200-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 5,491 5,1 87 0,677 10,000 Supplies 20-200-56-00-5620 OPERATING SUPPLIES - - - - 2,500 Capital Outlay 20-200-60-00-6060 EQUIPMENT - 12,256 52,500 4,756 20,000 323.78% 20-200-60-00-6070 VEHICLES 39,451 - 25,000 157.81% TOTAL FUND REVENUES 29908 3,808 10,803 17,520 29,200 60.00% TOTAL FUND EXPENDITURES 44,942 12,256 61,229 118,427 60,000 197.38% FUND SURPLUS(DEFICIT) (42,034) (8,448) (50,426) (100,907) (30,800) PUBLIC WORKS CAPITAL REVENUES Licenses&Permits 21-000-42-00-4213 ENGINEERING CAPITAL FEE 700 400 600 1,700 6,500 26.15% 21-000-42-00-4214 DEVELOPMENT FEES 3,950 2,550 1,400 7,900 24,500 32.24% 21-000-42-00-4216 BUILD PROGRAM PERMIT 1,400 1,400 2,800 5,600 - 0.00% Charges for Service 21-000-44-00-4418 MOWING INCOME 1,690 526 1,274 3,490 20,000 17.45% Investment Earnings 21-000-45-00-4500 INVESTMENT EARNINGS 1 1 1 3 - 0.00% Other Financing Uses 21-000-49-00-4922 TSFR FROM PARK&REC CAPITAL 208 208 208 625 2,500 25.00% TOTAL REVENUES:PW CAPITAL REVENUES 7,949 5,085 6,284 19,318 53,500 36.11% PUBLIC WORKS CAPITAL EXPENDITURES Contractual Services 21-211-54-00-5405 1 BUILD PROGRAM 1,400 1,400 2,800 j 5,600 0.00% 21-211-54-00-5448 FILING FEES 49 1 - 49 6,000 0.82% 8 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %ofFiscat Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %of Budget 21-211-54-00-5485 RENTAL&LEASE PURCHASE 4,500 0.00% Supplies 21-211-56-00-5620 OPERATING SUPPLIES 2,000 0.00% Capital Outlay 21-211-60-00-6060 EQUIPMENT 75,000 0.00% PW Building-185 Wolf Street 21-211-92-00-8000 PRINCIPLE PAYMENT 2,435 2,448 1 2,461 7,343 30,074 24.42% 21-211-92-00-8050 INTEREST PAYMENT 4,423 4,410 4,397 13,230 1 52,221 1 25.34% TOTAL FUND REVENUES 7,949 5,085 6,284 19,318 53,500 36.11% TOTAL FUND EXPENDITURES 8,258 8,307 9,658 26,223 169,795 15.44% FUND SURPLUS(DEFICIT) (308) (3,222) (3,374) (6,904) (116,295) PARK&RECREATION CAPITAL REVENUES 22-000-42-00-4215 PARKS CAPITAL FEES 850 850 3,250 26.15% 22-000-45-00-4500 INVESTMENT EARNINGS 38 36 37 111 250 44.48% 22-000-46-00-4690 REIMB-MISC - - 40,000 0.00% TOTAL REVENUES:PARK&RECREATION CAPITAL 888 36 37 961 43,500 2.21% PARK&RECREATION CAPITAL EXPENDITURES 22-222-60-00-6035 RAINTREE PARK - - 10,000 0.00% 22-222-60-00-6060 EQUIPMENT - - - - 40,000 0.00% 22-222-99-00-9921 TRANSFER TO PW CAPITAL 208 208 208 625 2,500 25.00% TOTAL FUND REVENUES 888 36 37 961 43,500 TOTAL FUND EXPENDITURES 208 208 208 625 52,500 FUND SURPLUS(DEFICIT) 680 (172) (171) 336 (9,000) CITY-WIDE CAPITAL REVENUES Intergovernmental 23-000-41-00-4176 STATE GRANTS-SAFE RTE SCH - - - - 231,000 0.00% Licenses&Permits 23-000-42-00-4210 BUILDING PERMITS - - 13,400 0.00% 23-000-42-00-4214 DEVELOPMENT FEES - - 500 500 20,000 2.50% 23-000-42-00-4216 BUILD PROGRAM PERMIT 5,640 5,640 11,280 22,560 - 0.00% 23-000-42-00-4222 ROAD CONTRIBUTION FEE - - - - 20,000 0.00% Investment Earnings 23-000-45-00-4500 INVESTMENT EARNINGS 14 15 16 45 0.00% Miscellaneous 23-000-46-00-4690 REIMB-MISCELLANEOUS - - - - - 0.00% Other Financing Sources 23-000-49-00-4901 TRANSFER FROM GENERAL 34,944 34,944 34,944 104,833 419,332 25.00% 23-000-49-00-4905 LOAN PROCEEDS 600,000 0.00% TOTAL REVENUES:CITY-WIDE CAPITAL 40,599 40,599 46,740 127,938 1,303,732 9.81% CITY-WIDE CAPITAL EXPENDITURES Contractual Services 23-230-54-00-5405 BUILD PROGRAM 5,640 5,640 11,280 L22,560 - 0.00% 23-230-54-00-5462 PROFESSIONAL SERVICES - - - 100,000 0.00% 23-230-60-00-6015 ROAD RESURFACING - 100,000 0.00% 23-230-60-00-6075 RIVER ROAD BRIDGE PROJECT 4,032 4,032 600,000 0.67% 9 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %of Fiscal Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %of Budget 23-230-60-00-6092 1 SAFE ROUTE TO SCHOOL PROJECT 19,989 19,989 231,000 8.65% 23-230-60-00-6094 ITEP KENNEDY RD BIKE TRAIL 9,500 0.00% TOTAL FUND REVENUES 40,599 40,599 46,740 127,938 1,303,732 9.81% TOTAL FUND EXPENDITURES 5,640 29,661 11,280 46,581 1,040,500 4.48% AVFUND SURPLUS(DEFICIT) 34,959 10,938 1 35,460 j 81,357 263,232 DEBT SERVICE REVENUES 42-000-40-00-4006 PROPERTY TAXES-2005A BOND 46,440 115,811 4,349 166,601 326,379 51.05% 42-000-42-00-4208 RECAPTURE FEES-WATER&SEWER 200 1,522 150 1,872 1,000 187.20% 42-000-45-00-4500 INVESTMENT EARNINGS 1 12 14 27 300 8.96% 42-000-49-00-4901 TRANSFER FROM GENERAL 8,289 8,289 8,289 24,866 99,465 25.00% TOTAL REVENUES:DEBT SERVICE 549929 125,634 129802 193,366 427,144 45.27% DEBT SERVICE EXPENDITURES 42-420-54-00-5498 PAYING AGENT FEES 214 375 - 589 963 61.11% 2004C Bond 42-420-81-00-8000 PRINCIPLE PAYMENT 95,000 0.00% 42-420-81-00-8050 INTEREST PAYMENT 2,233 2,233 4,465 50.00% 2005A Bond 42-420-82-00-8000 PRINCIPLE PAYMENT 205,000 0.00% 42-420-82-00-8050 INTEREST PAYMENT 60,689 60,689 121,379 50.00% 2002 Fox Industrial Bond ONE- 42-420-98-00-8000 PRINCIPLE PAYMENT-2002 - - - 75,000 0.00% 42-420-98-00-8050 INTEREST PAYMENT-2002 1,781 1 - 1,781 3,563 49.99% TOTAL FUND REVENUES 54,929 125,634 12,802 193,366 427,144 45.27% TOTAL FUND EXPENDITURES 1,995 63,296 - 65,292 5059370 12.92% r FUND SURPLUS(DEFICIT) 52,934 62,338 12,802 128,074 (78,226) WATER FUND REVENUES Taxes 51-000-40-00-4007 PROPERTY TAXES-2007A BOND 18,989 47,354 1,778 68,122 133,454 51.05% Licenses&Permits 51-000-42-00-4216 BUILD PROGRAM PERMIT 2,660 8,660 5,320 16,640 - 0.00% Fines&Forfeits 51-000-43-00-4350 LATE PMT PENALTIES-WATER 65 16,196 126 16,387 - 0.00% Charges for Service 51-000-44-00-4424 WATER SALES 1,111 322,220 8,290 331,621 1,699,871 19.51% 51-000-44-00-4425 BULK WATER SALES - - - - 500 0.00% 51-000-44-00-4430 WATER METER SALES 3,513 1,940 4,340 9,793 26,250 37.31% 51-000-44-00-4440 WATER INFASTRUCTURE FEE 103 114,051 199 114,353 675,000 16.94% 51-000-44-00-4450 WATER CONNECTION FEE 10,350 4,060 2,660 17,070 126,250 13.52% Investment Earnings 51-000-45-00-4500 INVESTMENT EARNINGS 44 68 78 190 300 63.27% Reimbursements 51-000-46-00-4670 REIMB-EMP INS CONTRIBUTIONS 685 645 604 1,934 7,225 26.76% 51-000-46-00-4671 REIMB-LIFE INSURANCE 26 12 12 51 241 21.29% 51-000-46-00-4690 REIMB-MISCELLANEOUS 99 - 25 124 - 0.00% Miscellaneous 51-000-48-00-4820 RENTAL INCOME 6,191 2,111 4,391 12,692 50,000 25.38% 10 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %of Fiscal Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %of Budget Other Financing Sources 51-000-49-00-4952 TRANSFER FROM SEWER 6,857 6,857 6,857 20,572 82,288 25.00% TOTAL REVENUES:WATER FUND 509693 524,174 34,682 609,549 2,801,379 21.76% WATER OPERATIONS EXPENSES Salaries&Wages 51-510-50-00-5010 SALARIES&WAGES 26,260 26,315 21,710 74,285 370,000 20.08% 51-510-50-00-5020 OVERTIME 1,255 259 309 1,823 12,000 15.19% Benefits 51-510-52-00-5212 RETIREMENT PLAN CONTRIBUTION 2,653 2,562 2,123 7,337 39,852 1 18.41% 51-510-52-00-5214 FICA CONTRIBUTION 2,022 1,953 1,609 5,583 28,200 19.80% 51-510-52-00-5216 GROUP HEALTH INSURANCE 5,575 5,656 5,615 16,846 103,966 16.20% 51-510-52-00-5222 GROUP LIFE INSURANCE 47 102 84 234 1,210 19.33% 51-510-52-00-5223 DENTAL INSURANCE 456 507 482 1,445 7,201 20.06% 51-510-52-00-5224 VISION INSURANCE 58 58 58 174 829 20.99% 51-510-52-00-5230 UNEMPLOYMENT INSURANCE 1,346 - 455 1,800 6,000 30.01% 51-510-52-00-5231 LIABILITY INSURANCE 6,769 1,552 1,552 9,873 32,462 30.41% Contractual Services 51-510-54-00-5405 BUILD PROGRAM 2,660 8,660 5,320 16,640 - 0.00% 51-510-54-00-5412 TRAINING&CONFERENCES - - 20 20 2,000 1.00% 51-510-54-00-5415 TRAVEL&LODGING - - 1,600 0.00% 51-510-54-00-5426 PUBLISHING&ADVERTISING 1,117 1,117 1,000 111.69% 51-510-54-00-5429 WATER SAMPLES 99 - 25 124 14,000 0.89% 51-510-54-00-5430 PRINTING&DUPLICATING 10 10 20 2,500 0.80% 51-510-54-00-5440 TELECOMMUNICATIONS - 3,008 361 3,369 24,500 13.75% 51-510-54-00-5445 TREATMENT FACILITY SERVICES 130 891 9,631 10,653 100,000 10.65% 51-510-54-00-5448 FILING FEES - 245 392 637 6,200 10.27% 51-510-54-00-5452 POSTAGE&SHIPPING - 3,770 81 3,850 22,000 17.50% 51-510-54-00-5460 DUES&SUBSCRIPTIONS 298 389 - 687 1,250 54.95% 51-510-54-00-5462 PROFESSIONAL SERVICES 956 2,728 584 4,269 8,800 48.51% 51-510-54-00-5466 LEGAL SERVICES - - - - 2,000 0.00% 51-510-54-00-5480 UTILITIES 21,531 7,585 29,116 299,250 9.73% 51-510-54-00-5483 JULIE SERVICES 24 - 24 3,500 0.68% 51-510-54-00-5485 RENTAL&LEASE PURCHASE 33 33 33 99 1,000 9.90% 51-510-54-00-5495 OUTSIDE REPAIR&MAINTENANCE - 36 1,097 1,133 10,000 11.33% 51-510-54-00-5498 PAYING AGENT FEES 214 - 214 1,600 13.38% Supplies 51-510-56-00-5600 WEARING APPAREL 39 88 66 194 4,000 4.85% 51-510-56-00-5620 OPERATING SUPPLIES 90 520 123 733 21,425 3.42% 51-510-56-00-5630 SMALL TOOLS&EQUIPMENT 14 9 22 4,000 0.56% 51-510-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE - 1,989 - 1,989 6,000 33.15% 51-510-56-00-5638 TREATMENT FACILITY SUPPLIES 5,465 17,272 16,609 39,346 165,000 23.85% 51-510-56-00-5640 REPAIR&MAINTENANCE - 1,479 1,638 3,117 9,500 32.81% 51-510-56-00-5664 METERS&PARTS 3,574 1,805 5,378 46,000 11.69% 51-510-56-00-5695 GASOLINE 1,891 1,843 3,734 38,199 9.77% Capital Outlay 51-510-60-00-6060 EQUIPMENT - - 16,000 0.00% 51-510-60-00-6079 ROUTE 47 EXPANSION - - - - 116,000 0.00% Developer Commitments 51-510-75-00-7502 GRANDE RESERVE COURT ORDER 22,989 22,989 22,989 68,966 160,923 42.86% 11 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %of Fiscal Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %of Budget 2007A Bond 51-510-83-00-8000 PRINCIPLE PAYMENT - - 10,000 0.00% 51-510-83-00-8050 INTEREST PAYMENT - 61,727 61,727 123,454 50.00% 2002 Capital Appreciation Debt Certi icates 51-510-85-00-8000 PRINCIPLE PAYMENT 365,000 - 365,000 365,000 100.00% 2003 Debt Certificates 51-510-86-00-8050 INTEREST PAYMENT 16,575 16,575 33,150 50.00% 2006A Refunding Debt Certificates 51-510-87-00-8000 PRINCIPLE PAYMENT - - - - 355,000 0.00% 51-510-87-00-8050 INTEREST PAYMENT 109,903 109,903 219,806 50.00% 2005C Bond 51-510-88-00-8000 PRINCIPLE PAYMENT - - 90,000 0.00% 51-510-88-00-8050 1 INTEREST PAYMENT 37,288 37,288 74,575 50.00% IEPA Loan L1 7-156300 51-510-89-00-8000 PRINCIPLE PAYMENT - 87,754 0.00% 51-510-89-00-8050 INTEREST PAYMENT - - - - 37,277 0.00% TOTAL FUND REVENUES 50,693 524,174 34,682 609,549 2,801,379 21.76% TOTAL FUND EXPENSES 4449414 355,596 105,332 905,341 3,0859983 29.34% dh FUND SURPLUS(DEFICIT) (393,721) 168,578 (70,650) (295,792) (284,604) SEWER FUND REVENUES Taxes 52-000-40-00-4009 PROPERTY TAXES-2004B BOND 37,543 93,624 3,516 134,683 263,850 51.05% Licenses&Permits 52-000-42-00-4216 BUILD PROGRAM PERMIT - 4,000 - 4,000 0.00% Fines&Forfeits 52-000-43-00-4350 LATE PMT PENALTIES-SEWER 4 2,342 13 2,359 - 0.00% Charges for Service 52-000-44-00-4435 SEWER MAINTENANCE FEES 269 122,958 329 123,556 728,280 16.97% 52-000-44-00-4455 SW CONNECTION FEES-OPS 200 - - 200 5,100 3.92% 52-000-44-00-4456 SW CONNECTION FEES-CAPITAL 1,800 1,800 35,000 5.14% 52-000-44-00-4457 SW CONNECTION FEES-ROB ROY 288,000 - 288,000 600,000 48.00% 52-000-44-00-4565 RIVER CROSSING FEES - 257 257 - 0.00% Investment Earnings 52-000-45-00-4500 INVESTMENT EARNINGS 30 58 64 152 3,000 5.05% Miscellaneous 52-000-46-00-4670 REIMB-EMP INS CONTRIBUTIONS 386 386 386 1,159 4,587 25.27% 52-000-46-00-4690 REIMB-MISCELLANEOUS 1,679 2,176 249 4,103 - 0.00% TOTAL REVENUES:SEWER FUND 329,911 225,801 49557 560,269 1 1,6399817 34.17% SEWER OPERATIONS EXPENSES Salaries&Wages 52-520-50-00-5010 SALARIES&WAGES 14,411 15,287 14,496 44,194 210,000 21.04% 52-520-50-00-5020 OVERTIME - - - - 2,000 0.00% Benefits 52-520-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,389 1,474 1,397 4,260 21,290 20.01% 52-520-52-00-5214 FICA CONTRIBUTION 1,073 1,140 1,079 3,292 18,000 18.29% 52-520-52-00-5216 GROUP HEALTH INSURANCE 3,686 3,767 3,727 11,180 63,595 17.58% 52-520-52-00-5222 GROUP LIFE INSURANCE 25 44 35 104 537 19.40% 52-520-52-00-5223 DENTAL INSURANCE 318 354 336 1,008 4,687 21.50% 52-520-52-00-5224 VISION INSURANCE 36 36 36 108 532 20.29% 52-520-52-00-5230 UNEMPLOYMENT INSURANCE 725 245 969 2,571 37.70% 12 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %of Fiscal Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %of Budget 52-520-52-00-5231 LIABILITY INSURANCE 4,501 1,032 1,032 6,565 21,590 30.41% Contractual Services 52-520-54-00-5405 BUILD PROGRAM - 4,000 - 4,000 - 0.00% 52-520-54-00-5412 TRAINING&CONFERENCES - - 500 0.00% 52-520-54-00-5415 TRAVEL&LODGING 43 43 500 8.56% 52-520-54-00-5430 PRINTING&DUPLICATING - - - 100 0.00% 52-520-54-00-5440 TELECOMMUNICATIONS 131 135 266 1,800 14.77% 52-520-54-00-5444 LIFT STATION SERVICES I - - - - 15,000 0.00% 52-520-54-00-5462 PROFESSIONAL SERVICES 209 160 142 511 5,000 10.22% 52-520-54-00-5480 UTILITIES - 2,825 8,025 10,850 42,000 25.83% 52-520-54-00-5485 RENTAL&LEASE PURCHASE 33 33 33 99 1,500 6.60% 52-520-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 26 187 300 513 4,000 12.83% 52-520-54-00-5498 PAYING AGENT FEES - - - 3,000 0.00% 52-520-56-00-5600 WEARING APPAREL 39 88 66 194 2,500 7.75% 52-520-56-00-5610 OFFICE SUPPLIES 8 - 8 2,000 0.40% 52-520-56-00-5613 LIFT STATION MAINTENANCE - 534 464 998 10,000 9.98% 52-520-56-00-5620 OPERATING SUPPLIES 145 204 278 627 4,500 13.94% 52-520-56-00-5630 SMALL TOOLS&EQUIPMENT - - 599 599 4,500 13.31% 52-520-56-00-5635 COMPUTER EQUIPMENT&SOFTWARF. - - 3,000 0.00% 52-520-56-00-5640 REPAIR&MAINTENANCE - 220 220 10,000 2.20% 52-520-56-00-5695 GASOLINE 1,891 1,843 3,734 29,211 12.78% Capital outlay 52-520-60-00-6079 ROUTE 47 EXPANSION - - - 60,000 0.00% Developer Commitments 52-520-75-00-7500 LENNAR-RAINTREE SWR RECAP 30,996 30,996 30,996 100.00% 52-520-75-00-7501 WINDETTE RIDGE-SEWER RECAPTURE - - - - 150,000 0.00% 2004B Bond 52-520-84-00-8000 PRINCIPLE PAYMENT 170,000 0.00% 52-520-84-00-8050 INTEREST PAYMENT 46,925 46,925 93,850 50.00% 20031RBB Debt Certificates 52-520-90-00-8000 PRINCIPLE PAYMENT - - - 100,000 0.00% 52-520-90-00-8050 INTEREST PAYMENT 33,124 33,124 66,248 50.00% 2004A Bond _ 52-520-91-00-8000 PRINCIPLE PAYMENT - - - 175,000 0.00% 52-520-91-00-8050 INTEREST PAYMENT 9,369 9,369 18,738 50.00% 2011 Refunding Bond 52-520-92-00-8050 INTEREST PAYMENT 79,537 - 79,537 318,147 25.00% IEPA Loan L17-013000 52-520-95-00-8000 PRINCIPLE PAYMENT - 18,811 18,811 37,958 49.56% 52-520-95-00-8050 INTEREST PAYMENT 679 679 1,022 66.48% IEPA Loan L17-115300 52-520-96-00-8000 PRINCIPLE PAYMENT - - 88,610 0.00% 52-520-96-00-8050 INTEREST PAYMENT - - - - 18,440 0.00% Other Financing Uses 52-520-99-00-9952 TRANSFER TO WATER 6,857 6,857 6,857 20,572 82,288 25.00% TOTAL FUND REVENUES 329,911 225,801 4,557 560,269 1,639,817 34.17% TOTAL FUND EXPENSES 33,517 206,879 93,959 334,355 1,895,210 17.64° FUND SURPLUS(DEFICIT) 2969394 18,922 (89,402) 2259914 (255,393) 13 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %of Fiscal Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %ot'Budget LAND CASH REVENUES 72-000-41-00-4173 OSLAD GRANT-RAINTREE - - - - 400,000 0.00% 72-000-47-00-4703 AUTUMN CREEK 7,179 4,102 6,153 17,435 20,000 87.17% 72-000-47-00-4704 BLACKBERRY WOODS - - - - 500 0.00% 72-000-47-00-4708 COUNTRY HILLS - 769 - 769 - 0.00% ITOTAL REVENUES:LAND CASH 7,179 4,871 F 6,153 18,204 420,500 1 4.33% LAND CASH EXPENDITURES 72-720-60-00-6032 MOSIER HOLDING COSTS - - 12,000 12,000 12,000 100.00% 72-720-60-00-6036 RAINTREE VILLAGE 450 15,768 5,626 21,844 191,825 11.39% 72-720-60-00-6044 HOPKINS PARK - - - - 120,000 0.00% TOTAL FUND REVENUES 7,179 4,871 6,153 18,204 420,500 4.33% TOTAL FUND EXPENDITURES 450 15,768 17,626 33,844 323,825 10.45% FUND SURPLUS(DEFICIT) 6,729 (10,896) (11,472) (15,640) 969675 PARK&RECREATION REVENUES Charges for Service _ 79-000-44-00-4402 SPECIAL EVENTS 2,310 3,075 10,553 15,938 18,095 88.08% 79-000-44-00-4403 CHILD DEVELOPMENT 5,156 4,874 1,270 11,300 58,810 19.21% 79-000-44-00-4404 ATHLETICS AND FITNESS 36,929 18,225 19,734 74,888 113,095 66.22% 79-000-44-00-4441 CONCESSION REVENUE 13,379 11,464 6,995 31,838 30,000 106.13% 79-000-44-00-4443 HOMETOWN DAYS 1,325 600 11,020 12,945 175,000 7.40% Investment Earnings 79-000-45-00-4500 INVESTMENT EARNINGS 21 20 22 63 200 31.57% Reimbursements 79-000-46-00-4670 REIMB-EMP INS CONTRIBUTIONS 1,132 1,132 11132 3,396 11,661 29.12% Miscellaneous 79-000-48-00-4820 RENTAL INCOME 33,340 3,195 8,018 44,553 48,000 92.82% 79-000-48-00-4825 PARK RENTALS 6,017 3,074 245 9,336 25,000 37.34% 79-000-48-00-4846 SPONSORSHIPS/DONATIONS 2,429 130 210 2,769 14,700 18.84% 79-000-48-00-4850 MISCELLANEOUS INCOME 790 792 576 2,158 1,000 215.80% Other Financing Sources 79-000-49-00-4901 1 TRANSFER FROM GENERAL 79,657 79,657 79,657 238,972 955,886 25.00% TOTAL REVENUES:PARK&RECREATION 1829484 126,238 139,433 448,155 1,451,447 30.88% PARKS DEPARTMENT EXPENDITURES Salaries&Wages 79-790-50-00-5010 SALARIES&WAGES 32,996 32,031 30,483 95,510 410,000 23.30% 79-790-50-00-5015 PART-TIME SALARIES 652 4,468 4,965 10,085 17,000 59.32% 79-790-50-00-5020 OVERTIME 443 214 344 1,002 3,000 33.39% Benefits 79-790-52-00-5212 RETIREMENT PLAN CONTRIBUTION 3,245 3,172 2,996 9,413 43,693 21.54% 79-790-52-00-5214 FICA CONTRIBUTION 2,514 2,714 2,644 7,871 34,000 23.15% 79-790-52-00-5216 GROUP HEALTH INSURANCE 7,393 8,975 8,184 24,551 126,842 19.36% 71 79-790-52-00-5222 GROUP LIFE INSURANCE 58 102 82 241 1,208 19.98% 79-790-52-00-5223 DENTAL INSURANCE 635 836 736 2,207 9,179 24.04% 79-790-52-00-5224 VISION INSURANCE 84 84 84 251 1,104 22.73% Contractual Services 79-790-54-00-5412 TRAINING&CONFERENCES - - - - 2,600 0.00% 79-790-54-00-5415 TRAVEL&LODGING - - - 750 0.00% 14 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %of Fiscal Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %of Budget 79-790-54-00-5440 TELECOMMUNICATIONS 335 339 673 3,780 17.81% 79-790-54-00-5462 PROFESSIONAL SERVICES - 861 861 4,500 19.14% 79-790-54-00-5466 LEGAL SERVICES 1,710 1,710 4,000 42.75% 79-790-54-00-5485 RENTAL&LEASE PURCHASE - - 2,500 0.00% 79-790-54-00-5495 OUTSIDE REPAIR AND MAINTENANCE - - 17,500 0.00% Supplies 79-790-56-00-5600 WEARING APPAREL 235 99 334 4,100 8.14% 79-790-56-00-5610 OFFICE SUPPLIES I - - 53 53 300 17.53% 79-790-56-00-5620 OPERATING SUPPLIES 59 256 315 22,500 1.40% 79-790-56-00-5630 SMALL TOOLS&EQUIPMENT 7 107 114 2,250 5.05% 79-790-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE - - - 500 0.00% 79-790-56-00-5640 REPAIR&MAINTENANCE 820 2,056 2,876 50,500 5.70% 79-790-56-00-5695 GASOLINE - 2,679 j 3,198 5,877 20,000 29.38% TOTAL EXPENDITURES:PARKS DEPT 48,020 56,729 1 599195 163,944 781,806 20.97% RECREATION DEPARTMENT EXPENDITURES Salaries&Wages 79-795-50-00-5010 SALARIES&WAGES 13,453 15,885 15,226 44,564 185,000 24.09% 79-795-50-00-5015 PART-TIME SALARIES 1,233 770 443 2,446 25,000 9.78% 79-795-50-00-5020 OVERTIME - - - - 300 0.00% 79-795-50-00-5045 CONCESSION WAGES 2,879 2,869 2,496 8,244 12,500 65.95% 79-795-50-00-5046 PRE-SCHOOL WAGES 2,110 - - 2,110 25,000 8.44% 79-795-50-00-5052 INSTRUCTORS WAGES 1,181 1,264 713 3,158 25,000 12.63% Benefits 79-795-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,711 1,730 1,602 5,042 19,884 25.36% 79-795-52-00-5214 FICA CONTRIBUTION 1,543 1,537 1,391 4,471 16,000 27.95% 79-795-52-00-5216 GROUP HEALTH INSURANCE 3,070 1,890 2,480 7,441 41,094 18.11% 79-795-52-00-5222 GROUP LIFE INSURANCE 29 33 29 92 473 19.40% 79-795-52-00-5223 DENTAL INSURANCE 263 165 214 641 2,675 23.98% 79-795-52-00-5224 VISION INSURANCE 25 25 25 74 325 22.75% Contractual Services 79-795-54-00-5412 TRAINING&CONFERENCES - - - - 2,000 0.00% 79-795-54-00-5415 TRAVEL&LODGING 1,000 0.00% 79-795-54-00-5426 PUBLISHING&ADVERTISING - - - 27,000 0.00% 79-795-54-00-5440 TELECOMMUNICATIONS 226 230 457 4,300 10.62% 79-795-54-00-5447 SCHOLARSHIPS 300 - 300 2,500 12.00% 79-795-54-00-5452 POSTAGE&SHIPPING - 147 147 8,000 1.84% 79-795-54-00-5460 DUES&SUBSCRIPTIONS - - - - 1,500 0.00% 79-795-54-00-5462 PROFESSIONAL SERVICES 1,581 6,737 14,324 22,642 60,000 37.74% 79-795-54-00-5480 UTILITIES - 1,413 1,019 2,432 23,100 10.53% 79-795-54-00-5485 RENTAL&LEASE PURCHASE 178 178 186 542 4,500 12.04% 79-795-54-00-5495 OUTSIDE REPAIR&MAINTENANCE - - - - 1,000 0.00% 79-795-54-00-5496 PROGRAM REFUNDS 6 1,101 1,477 2,584 7,000 36.91% Supplies 79-795-56-00-5602 HOMETOWN DAYS SUPPLIES 4,151 - 322 4,473 140,000 3.19% 79-795-56-00-5606 PROGRAM SUPPLIES 2,482 8,422 1,288 12,191 55,000 22.17% 79-795-56-00-5607 CONCESSION SUPPLIES 894 6,348 3,538 10,780 18,000 59.89% 79-795-56-00-5610 OFFICE SUPPLIES 273 19 53 344 3,000 11.48% 79-795-56-00-5620 OPERATING SUPPLIES 1,116 1,103 1 109 2,328 5,500 42.32% 15 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %ofFiscat Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION L May-12 June-12 July-12 Totals BUDGET %of Budget 79-795-56-00-5630 SMALL TOOLS&EQUIPMENT 2,000 0.00% 79-795-56-00-5635 COMPUTER EQUIPMENT&SOFTWARF 500 0.00% 79-795-56-00-5640 REPAIR&MAINTENANCE 39 39 2,000 1.93% 79-795-56-00-5645 BOOKS&PUBLICATIONS 100 0.00% 79-795-56-00-5690 j SUPPLIES-GRANT REIMBURSABLE - 500 0.00% 79-795-56-00-5695 GASOLINE 121 213 334 3,210 10.39% ITOTAL EXPENDITURES:RECREATION DEPT 38,177 52,174 47,524 137,875 724,961 19.02% TOTAL FUND REVENUES 182,484 126,238 139,433 448,155 1,451,447 30.88% TOTAL FUND EXPENDITURES 86,196 108,903 106,719 301,818 1,506,767 20.03% FUND SURPLUS(DEFICIT) 96,288 17,335 32,714 146,337 (55,320) RECREATION CENTER REVENUES Charges for Service 80-000-44-00-4440 PROGRAM FEES 6,987 3,834 2,317 13,138 100,000 13.14% 80-000-44-00-4441 CONCESSION REVENUE 890 719 717 2,326 12,500 18.61% 80-000-44-00-4444 MEMBERSHIP FEES 37,888 33,725 35,129 106,742 450,000 23.72% 80-000-44-00-4445 GUEST FEES 633 797 814 2,244 7,000 32.05% 80-000-44-00-4446 SWIM CLASS FEES 2,825 5,039 3,557 11,421 25,000 45.68% 80-000-44-00-4447 PERSONAL TRAINING FEES 1,215 257 108 1,580 10,000 15.80% 80-000-44-00-4448 TANNING SESSION FEES 222 30 92 344 2,500 13.76% Miscellaneous _ 80-000-48-00-4820 RENTAL INCOME 1,296 779 761 2,836 13,000 21.81% 80-000-48-00-4846 SCHOLARSHIPS/DONANTIONS 1,283 (123) - 1,160 2,000 58.00% 80-000-48-00-4850 MISCELLANEOUS INCOME 21 20 4 44 500 8.80% TOTAL REVENUES:RECREATION CTR REVENUES 53,259 45,076 43,499 141,834 622,500 22.78% RECREATION CENTER EXPENSES Salaries&Wages 80-800-50-00-5010 SALARIES&WAGES 2,028 2,040 2,040 6,108 28,000 21.81% 80-800-50-00-5015 PART-TIME SALARIES 6,409 5,796 6,081 18,285 100,000 18.29% 80-800-50-00-5046 PRE-SCHOOL WAGES 614 400 - 1,014 35,000 2.90% 80-800-50-00-5052 INSTRUCTORS WAGES 3,616 5,172 5,586 14,374 60,000 23.96% Benefits 80-800-52-00-5212 RETIREMENT PLAN CONTRIBUTION 685 595 550 1,830 10,181 17.98% 80-800-52-00-5214 FICA CONTRIBUTION 977 1,034 1,056 3,067 17,708 17.32% 80-800-52-00-5216 GROUP HEALTH INSURANCE 100 100 100 300 1,200 25.00% 80-800-52-00-5222 GROUP LIFE INSURANCE 7 7 7 22 123 17.68% Contractual Services 80-800-54-00-5415 TRAVEL&LODGING - - - - 200 0.00% 80-800-54-00-5426 PUBLISHING&ADVERTISING - - - 1,500 0.00% 80-800-54-00-5440 TELECOMMUNICATIONS 278 281 559 3,600 15.54% 80-800-54-00-5452 POSTAGE&SHIPPING - - - 600 0.00% 80-800-54-00-5460 DUES&SUBSCRIPTIONS - - - - 200 0.00% 80-800-54-00-5462 PROFESSIONAL SERVICES 819 2,909 1,574 5,301 20,000 26.51% 80-800-54-00-5480 UTILITIES - 3,039 2,889 5,928 55,650 10.65% 80-800-54-00-5485 RENTAL&LEASE PURCHASE 37,198 19,198 19,242 75,638 236,000 32.05% 80-800-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 115 750 865 15,000 5.77% 80-800-54-00-5496 PROGRAM REFUNDS 174 601 292 1,067 5,500 19.40% 16 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %ofFiscat Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %of Budget 80-800-54-00-5497 PROPERTY TAX PAYMENT 29,400 - - 29,400 70,000 42.00% Supplies 80-800-56-00-5606 PROGRAM SUPPLIES - 988 514 1,502 15,000 10.01% 80-800-56-00-5607 CONCESSION SUPPLIES 694 73 860 1,628 7,000 23.26% 80-800-56-00-5610 OFFICE SUPPLIES - - - - 2,600 0.00% 80-800-56-00-5620 OPERATING SUPPLIES 177 502 679 6,200 10.95% 80-800-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE. - - - - 1,000 0.00% 80-800-56-00-5640 REPAIR&MAINTENANCE 267 1,725 948 2,940 11,000 26.73% 80-800-56-00-5645 BOOKS&PUBLICATIONS - - - - 50 0.00% 80-800-56-00-5695 GASOLINE 321 0.00% TOTAL FUND REVENUES 53,259 45,076 43,499 1 141,834 622,500 1 22.78% TOTAL FUND EXPENSES 83,103 44,881 42,523 j 170,507 703,633 1 24.23% FUND SURPLUS(DEFICIT) (29,844) 195 1 976 j (28,673) (81,133) LIBRARY OPERATIONS REVENUES Taxes 82-000-40-00-4005 PROPERTY TAXES-LIBRARY 98,981 246,721 9,268 354,970 700,000 50.71% 82-000-40-00-4012 PROPERTY TAXES-FOX IND TIF - - - 7,500 0.00% Intergovernmental 82-000-41-00-4120 PERSONAL PROPERTY TAX 739 955 1,694 5,000 33.87% 82-000-41-00-4170 STATE GRANTS - - - - 17,200 0.00% Fines&Forfeits 82-000-43-00-4330 LIBRARY FINES 994 888 765 2,646 13,000 20.35% Charges for Service 82-000-44-00-4401 LIBRARY SUBSCRIPTION CARDS 1,367 1,603 608 3,578 12,000 29.82% 82-000-44-00-4422 COPY FEES 204 153 175 532 3,000 17.73% 82-000-44-00-4440 PROGRAM FEES 93 44 54 191 2,000 9.53% Investment Earnings 82-000-45-00-4500 INVESTMENT EARNINGS 82 83 108 273 150 182.01% Reimbursements 82-000-46-00-4670 REIMB-EMP INS CONTRIBUTIONS 724 724 724 2,171 6,670 32.55% 82-000-46-00-4671' REIMB-LIFE INSURANCE 59 59 59 178 636 27.96% Miscellaneous 82-000-48-00-4820 RENTAL INCOME 131 150 100 381 2,000 19.05% 82-000-48-00-4824 DVD RENTAL INCOME 349 457 537 1,343 4,500 29.84% 82-000-48-00-4832 MEMORIALS 142 200 - 342 2,000 17.10% 82-000-48-00-4850 MISCELLANEOUS INCOME 33 13 87 133 - 0.00% Other Financing Sources 82-000-49-00-4901 TRANSFER FROM GENERAL 9,733 1,801 1,801 13,335 41,978 31.77% TOTAL REVENUES:LIBRARY 113,630 252,895 15,241 381,766 817,634 46.69% LIBRARY OPERATIONS EXPENDITURES Salaries&Wages 82-820-50-00-5010 SALARIES&WAGES 18,707 19,431 18,707 t42,,4 245,000 23.20% 82-820-50-00-5015 PART-TIME SALARIES 14,207 14,193 14,085 195,000 21.79% Benefits � 82-820-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,803 1,873 1,803 26,692 20.53% 82-820-52-00-5214 FICA CONTRIBUTION 2,463 2,517 2,453 38,000 19.56% 82-820-52-00-5216 GROUP HEALTH INSURANCE 5,101 5,522 5,312 102,877 15.49% 82-820-52-00-5222 GROUP LIFE INSURANCE 36 135 86 1,410 18.21% 82-820-52-00-5223 DENTAL INSURANCE 469 523 496 1,488 6,826 21.79% 17 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %ofFiscat Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %of Budget 82-820-52-00-5224 VISION INSURANCE 54 54 54 161 770 20.88% 82-820-52-00-5230 UNEMPLOYMENT INSURANCE 1,035 - 350 1,385 4,286 32.31% 82-820-52-00-5231 LIABILITY INSURANCE 8,698 1,801 1,801 12,300 37,692 32.63% Contractual Services 82-820-54-00-5415 TRAVEL&LODGING - 200 305 505 500 101.01% 82-820-54-00-5426 PUBLISHING&ADVERTISING - - - 100 0.00% 82-820-54-00-5440 TELECOMMUNICATIONS 751 785 1,536 8,500 18.07% 82-820-54-00-5452 POSTAGE&SHIPPING - - - - 1,000 0.00% 82-820-54-00-5460 DUES&SUBSCRIPTIONS 78 - - 78 14,000 0.56% 82-820-54-00-5462 PROFESSIONAL SERVICES 963 3,943 2,387 7,293 29,000 25.15% 82-820-54-00-5466 LEGAL SERVICES - - - - 2,000 0.00% 82-820-54-00-5468 AUTOMATION 3,385 7 - 3,393 35,000 9.69% 82-820-54-00-5480 UTILITIES - - 300 300 15,750 1.90% 82-820-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 276 91 367 5,000 7.33% 82-820-54-00-5498 PAYING AGENT FEES - 375 375 749 50.00% Supplies 82-820-56-00-5610 OFFICE SUPPLIES 793 295 1,088 8,000 13.60% 82-820-56-00-5620 OPERATING SUPPLIES 228 912 1,140 7,500 15.20% 82-820-56-00-5671 LIBRARY PROGRAMMING - - - 2,000 0.00% 82-820-56-00-5685 DVD'S 280 204 484 2,000 24.19% 82-820-56-00-5698 MEMORIALS&GIFTS - - - 2,000 0.00% 82-820-56-00-5699 MISCELLANEOUS 250 0.00% Contingencies 82-820-70-00-7799 CONTINGENCIES 1,000 0.00% Other Financing Uses 82-820-99-00-9983 TRANSFER TO LIBRARY DEBT SERVICE 1,822 - - 1,822 1,511 120.58% ir TOTAL FUND REVENUES 113,630 252,895 15,241 381,766 817,634 46.69% ' TOTAL FUND EXPENDITURES 58,820 52,526 50,800 162,147 794,413 20.41% ItFUND SURPLUS(DEFICIT) 54,809 200,368 (35,559) 219,619 23,221 LIBRARY DEBT SERVICE REVENUES 83-000-40-00-4015 PROPERTY TAXES-DEBT SERVICE 113,248 282,285 10,604 406,137 795,488 51.06% 83-000-45-00-4500 INVESTMENT EARNINGS - 6 - 6 300 2.05% 83-000-49-00-4982 TRANSFER FROM LIBRARY OPS 1,822 - - 1,822 1,511 120.58% TOTAL REVENUES:LIBRARY DEBT SERVICE 115,070 282,291 10,604 407,965 797,299 51.17% LIBRARY DEBT SERVICE EXPENDITURES 2005B Bond 83-830-83-00-8000 PRINCIPLE PAYMENT - - 290,000 0.00% 83-830-83-00-8050 INTEREST PAYMENT 154,563 154,563 309,125 50.00% 2006 Bond 83-830-84-00-8000 PRINCIPLE PAYMENT - - 150,000 0.00% 83-830-84-00-8050 INTEREST PAYMENT 23,181 23,181 46,363 50.00% TOTAL FUND REVENUES 115,070 282,291 10,604 407,965 797,299 51.17% TOTAL FUND EXPENDITURES - 177,744 - 177,744 795,488 22.34% FUND SURPLUS(DEFICIT) 115,070 104,547 10,604 230,221 1,811 18 UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING JULY 31,2012 ACTUALS BY MONTH(Cash Basis) %of Fiscal Year 8.33% 16.67% 25% Year-to-Date ANNUAL ACCOUNT NUMBER DESCRIPTION May-12 June-12 July-12 Totals BUDGET %ot'Budget LIBRARY CAPITAL REVENUES 84-000-42-00-4214 DEVELOPMENT FEES 2,500 2,500 1 16,250 1 15.38% 84-000-45-00-4500 INVESTMENT EARNINGS 0 0 on 1 100 0.70% TOTAL REVENUES:LIBRARY CAPITAL 2,500 0 0 2,501 16,350 15.29% LIBRARY CAPITAL EXPENDITURES 84-840-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE - - - 0.00% 84-840-56-00-5683 AUDIO BOOKS 0.00% 84-840-56-00-5684 COMPACT DISCS&OTHER MUSIC 0.00% 84-840-56-00-5685 DVD'S - 0.00% 84-840-56-00-5686 BOOKS - 423 208 631 13,474 4.68% TOTAL FUND REVENUES 2,500 0 0 1 2,501 1 16,350 15.29% TOTAL FUND EXPENDITURES 423 1 208 j 631 1 13,474 1 4.68% FUND SURPLUS(DEFICIT) 2,500 (422) (208) 1,870 2,876 COUNTRYSIDE TIF REVENUES 87-000-40-00-4087 1 PROPERTY TAXES-CNTRYSDE 4,500 0.00% 87-000-45-00-4500 INVESTMENT EARNINGS 234 223 228 j 686 2,000 1 34.28% TOTAL REVENUES:COUNTRYSIDE TIF 234 223 228 j 686 6,500 10.55% COUNTRYSIDE TIF EXPENDITURES Contractual Services 87-870-54-00-5420 ADMINISTRATIVE FEES 95 95 1,000 9.50% 87-870-54-00-5498 PAYING AGENT FEES 375 0.00% 2005 Bond 87-870-80-00-8000 PRINCIPLE PAYMENT - - 180,000 0.00% 87-870-80-00-8050 INTEREST PAYMENT 62,334 62,334 124,668 50.00% TOTAL FUND REVENUES 234 223 228 686 6,500 10.55% TOTAL FUND EXPENDITURES 62,334 95 - 62,429 306,043 20.40% FUND SURPLUS(DEFICIT) (62,099) 128 228 (61,743) (299,543) DOWNTOWN TIF REVENUES 88-000-40-00-4088 PROPERTY TAXES-DOWNTOWN TIF 3,159 19,243 1,504 23,906 70,000 34.15% 88-000-45-00-4500 1 INVESTMENT EARNINGS 3 5 6 14 150 9.31% TOTAL REVENUES:DOWNTOWN TIF 3,162 19,248 19510 23,920 709150 34.10% DOWNTOWN TIF EXPENDITURES 88-880-54-00-5420 ADMINISTRATIVE FEES - - - - 1,500 0.00% 88-880-54-00-5466 LEGAL SERVICES 2,869 447 3,316 10,000 33.16% 88-880-60-00-6000 PROJECT COSTS - - - 10,000 0.00% 88-880-60-00-6079 ROUTE 47 EXPANSION - - - - 20,000 0.00% TOTAL FUND REVENUES 3,162 19,248 1,510 23,920 70,150 34.10% TOTAL FUND EXPENDITURES - 29869 447 3,316 41,500 7.99% FUND SURPLUS(DEFICIT) 3,162 16,379 1,063 20,605 28,650 19 UNITED CITY OF YORKVILLE STATEMENT OF REVENUES, EXPENDITURES AND TRANSFERS For the Period Ending July 31, 2012 * % of July YTD YTD to FY 2013 Actual Actual Budget Budget GENERAL FUND (01) Revenues Local Taxes Property Taxes 36,368 1,393,040 51.2% 2,721,487 Municipal Sales Tax 199,248 583,303 25.1% 2,325,000 Non-Home Rule Sales Tax 154,035 443,100 0.0% 1,500,000 Electric Utility Tax - 147,598 24.5% 603,432 Natural Gas Tax - 65,896 22.2% 296,514 Telecommunications Tax 39,941 128,646 26.3% 490,000 Telephone Utility Tax 1,360 4,182 17.8% 23,500 Cable Franchise Fees - 51,537 22.4% 230,000 Hotel Tax 6,045 14,601 29.2% 50,000 Amusement Tax 458 10,104 7.5% 134,000 Admissions Tax - - 0.0% 104,500 Business District Tax 22,647 71,770 23.9% 300,000 Auto Rental Tax 773 2,360 23.6% 10,000 Total Taxes 460,876 2,916,135 33.2% 8,788,433 Intergovernmental State Income Tax 146,433 504,711 38.2% 1,320,000 Local Use Tax 20,307 60,138 24.8% 242,400 Road& Bridge Tax 2,217 87,760 51.6% 170,000 Personal Property Replacement Tax 2,881 5,111 31.9% 16,000 Other Intergovernmental - 1,107 9.9% 11,200 Total Intergovernmental 171,839 658,826 37.4% 1,759,600 Licenses and Permits Liquor Licenses - 1,773 4.4% 40,000 Building Permits 8,896 42,497 33.6% 126,600 Other Licenses &Permits - 292 10.8% 2,700 Total Licenses & Permits 8,896 44,561 26.3% 169,300 Fines and Forfeits Traffic Fines 5,711 14,564 15.3% 95,000 Administrative Adjudication 1,944 6,620 25.5% 26,000 Police Tows 9,500 16,000 20.0% 80,000 Late PMT Penalties - Garbage 20 4,056 0 Total Fines and Forfeits 17,176 41,239 20.5% 201,000 20 UNITED CITY OF YORKVILLE STATEMENT OF REVENUES, EXPENDITURES AND TRANSFERS For the Period Ending July 31, 2012 * % of July YTD YTD to FY 2013 Actual Actual Budget Budget Charges for Services Garbage Surcharge 220 201,429 19.7% 1,021,784 Collection Fee -YBSD - - 0.0% 151,500 Other Services 30 65 1.2% 5,500 Total Charges for Services 250 201,494 17.1% 1,178,784 Investment Earnings 762 1,987 64.1% 3,100 Reimb/Miscellaneous/Other Financing Sources Reimb - Legal Expenses 1,096 2,196 0.0% - Reimb - Engineering Expenses 5,283 47,372 0.0% - Reimb - Traffic Signal - 0 0.0% 15,000 Reimb - Health Ins Contributions 9,447 30,835 22.7% 135,892 Other Reimbursements 165 52,930 108.0% 49,000 Rental Income 545 2,145 26.8% 8,000 Miscellaneous Income - 0 0.0% 3,000 Total Miscellaneous 16,535 135,477 64.2% 210,892 Total Revenues and Transfers 676,334 3,999,719 32.5% 12,311,109 Expenditures Administration 47,898 152,015 19.4% 782,327 Salaries 25,112 75,044 22.5% 333,395 Benefits 18,723 56,249 20.4% 275,732 Contractual Services 3,817 18,691 11.7% 160,250 Supplies 246 2,031 15.7% 12,950 Finance 20,605 58,289 17.1% 340,535 Salaries 13,295 40,438 21.9% 185,000 Benefits 4,264 12,888 20.7% 62,135 Contractual Services 3,018 4,651 5.3% 88,150 Supplies 29 313 6.0% 5,250 Police 232,028 885,674 23.1% 3,840,577 Salaries 147,264 447,100 20.2% 2,215,500 Overtime 11,348 27,058 30.1% 90,000 Benefits 49,961 357,196 30.5% 1,169,457 Contractual Services 8,934 30,576 14.3% 213,850 Supplies 14,521 23,743 15.6% 151,770 21 UNITED CITY OF YORKVILLE STATEMENT OF REVENUES, EXPENDITURES AND TRANSFERS For the Period Ending July 31, 2012 * % of July YTD YTD to FY 2013 Actual Actual Budget Budget Community Development 25,450 71,814 15.6% 461,426 Salaries 15,373 44,043 17.8% 248,000 Benefits 5,565 16,456 15.0% 109,797 Contractual Services 3,035 8,332 9.0% 92,350 Supplies 1,478 2,982 26.4% 11,279 PW- Street Ops & Sanitation 42,216 123,210 6.4% 1,920,452 Salaries 19,822 60,341 21.6% 280,000 Overtime 701 925 6.2% 15,000 Benefits 10,846 32,487 22.0% 147,530 Contractual Services 7,738 21,071 1.5% 1,390,020 Supplies 3,109 8,385 9.5% 87,902 Administrative Services 210,752 779,607 19.3% 4,034,550 Salaries - - 0.0% 5,000 Benefits 27,308 136,336 24.2% 562,389 Contractual Services 57,950 253,862 13.4% 1,895,500 Supplies 802 7,403 148.1% 5,000 Contingencies - - 0.0% 50,000 Transfers Out 124,691 382,006 25.2% 1,516,661 Total Expenditures and Transfers 578,948 2,070,608 18.2% 11,379,867 Variance 97,386 1,929,111 931,242 * July represents 25%of the fiscal year 22 DATE: 08/08/2012 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 11:21:51 GENERAL LEDGER ACTIVITY REPORT F-YR: 13 ID: GL440000.WOW ACTIVITY THROUGH FISCAL PERIOD 03 PER. JOURNAL # ENTRY DATE ITEM TRANSACTION DESCRIPTION VENDOR CHECK INVOICE DEBIT CREDIT 01-110-54-00-5462 (E) PROFESSIONAL SERVICES O1 05/01/2012 BEGINNING BALANCE 0.00 AP-120522 05/16/2012 05 ADMIN-VIDEO SERVICES DIANE GIANNELLI OAKL 513382 155 50.00 GJ-ZAJE0IC 05/04/2012 43 AT&T MAINTENANCE BILLING 490.80 TOTAL PERIOD O1 ACTIVITY 540.80 0.00 02 AP-120626 06/19/2012 45 ADMIN-PLAN COMMISSION MEETING DEPO COURT REPORTING 513457 15441 225.00 06/19/2012 46 ADMIN-MAY 7TH MEETING MINUTES LISA R. GODWIN 513471 050712 56.00 06/19/2012 47 ADMIN-MAY 17 ADMIN MEETING LISA R. GODWIN 513471 051712 78.96 06/19/2012 48 ADMIN-AD HOC COMMITTEE MEETING LISA R. GODWIN 513471 061112 65.80 06/19/2012 49 ADMIN-MAY 15TH PW MEETING KIMBERLY A. RYAN 513536 051512 72.50 06/19/2012 50 ADMIN-ON SITE SHREDDING SHRED-IT 513541 9400307670 90.95 06/19/2012 51 ADMIN-MAY 3 PUBLIC SAFETY MARLYS J. YOUNG 513574 050312 53.75 06/19/2012 52 ADMIN-MAY 9 PLAN COMMISSION MARLYS J. YOUNG 513574 050912 35.00 AP-20626A 06/19/2012 02 ADMIN-APRIL 11 ADMIN HEARING DEPO COURT REPORTING 513407 15435 316.25 06/19/2012 03 ADMIN-SOLICITOR BACKGROUND ILLINOIS STATE POLIC 513411 051512-C 63.00 GJ-20626A 06/20/2012 03 AUDIT AJE 316.25 06/20/2012 04 AUDIT AJE 63.00 TOTAL PERIOD 02 ACTIVITY 1,057.21 379.25 03 AP-120724 07/18/2012 22 ADMIN-PLAN COMMISSION PUBLIC DEPO COURT REPORTING 513613 15491 286.50 07/18/2012 23 ADMIN-JULY 9TH AD HOC MEETING LISA R. GODWIN 513629 070912 87.64 07/18/2012 24 ADMIN LIQUOR BACKGROUND CHECKS ILLINOIS STATE POLIC 513636 062612 63.00 07/18/2012 25 ADMIN-LIQUOR BACKGROUND CHECK ILLINOIS STATE POLIO 513637 062612C 31.50 07/18/2012 26 ADMIN-JUNE 12TH COW MEETING MARLYS J. YOUNG 513715 061212 121.98 07/18/2012 27 ADMIN-JUNE 13 PLAN COMMISSION MARLYS J. YOUNG 513715 061312 43.25 GJ-120731FE 08/02/2012 17 CLERKS YEARLY SAFE DEPOSIT BOX 45.00 TOTAL PERIOD 03 ACTIVITY 678.87 0.00 YTD BUDGET 5,000.01 TOTAL ACCOUNT ACTIVITY 2,276.88 379.25 ANNUAL REVISED BUDGET 20,000.00 ENDING BALANCE 1,897.63 01-120-54-00-5462 (E) PROFESSIONAL SERVICES 01 05/01/2012 BEGINNING BALANCE 0.00 GJ-120531FE 06/01/2012 03 APRIL CC FEES UB 395 33.41 06/01/2012 11 APRIL ANALYSIS FEES 3.91 TOTAL PERIOD O1 ACTIVITY 37.32 0.00 02 AP-120626 06/19/2012 71 FINANCE-MUNICIPAL AGGREGATION COMMONWEALTH EDISON 513453 116132039 168.00 06/19/2012 72 FINANCE-PROGRAM FOR A RANDOM HARRIS COMPUTER SYST 513475 MN00001904 30.00 06/19/2012 73 FINANCE-PROGRAM MODIFICATIONS HARRIS COMPUTER SYST 513475 XT00003251 250.00 06/19/2012 74 FINANCE-REOCCURRING WEBSITE VISA 513559 052712-CITY 59.92 GJ-120630FE 06/20/2012 03 MAY CC FEES UB 395 64.18 TOTAL PERIOD 02 ACTIVITY 572.10 0.00 03 AP-120724 07/18/2012 42 FINANCE-04/30/12 - 06/30/12 PITNEY BOWES 513674 1970458-JY12 700.00 07/18/2012 43 FINANCE-MAINTENANCE CONTRACT PITNEY BOWES INC 513675 352992 1,761.00 07/18/2012 44 FINANCE-REOCURRING WEBSITE VISA 513698 062612-CITY 25.94 GJ-120731FE 08/02/2012 03 JUNE CC FEES UB 395 202.88 08/02/2012 11 JUNE ACCOUNT ANALYSIS FEE 33.50 TOTAL PERIOD 03 ACTIVITY 2,723.32 0.00 YTD BUDGET 10,000.02 TOTAL ACCOUNT ACTIVITY 3,332.74 0.00 ANNUAL REVISED BUDGET 40,000.00 ENDING BALANCE 3,332.74 DATE: 08/08/2012 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 11:21:51 GENERAL LEDGER ACTIVITY REPORT F-YR: 13 ID: GL440000.WOW ACTIVITY THROUGH FISCAL PERIOD 03 PER. JOURNAL # ENTRY DATE ITEM TRANSACTION DESCRIPTION VENDOR CHECK INVOICE DEBIT CREDIT 01-210-54-00-5462 (E) PROFESSIONAL SERVICES 01 05/01/2012 BEGINNING BALANCE 0.00 GJ-120531FE 06/01/2012 01 APRIL CC FEES PD 382 54.05 GJ-ZAJE01C 05/04/2012 44 KC SHERIFF'S OFFICE RANGE FY13 333.32 TOTAL PERIOD 01 ACTIVITY 387.37 0.00 02 AP-120626 06/19/2012 105 POLICE-MAY SEARCHES LEXISNEXIS RISK DATA 513428 1249304-20120531 128.65 GJ-120630FE 06/20/2012 01 MAY CC FEES PD 382 54.90 TOTAL PERIOD 02 ACTIVITY 183.55 0.00 03 AP-120724 07/18/2012 66 POLICE-JUNE SEARCHES LEXISNEXIS RISK DATA 513588 1249304-20120630 50.00 GJ-120731FE 08/02/2012 01 JUNE CC FEES PD 382 50.17 TOTAL PERIOD 03 ACTIVITY 100.17 0.00 YTD BUDGET 1,250.01 TOTAL ACCOUNT ACTIVITY 671.09 0.00 ANNUAL REVISED BUDGET 5,000.00 ENDING BALANCE 671.09 01-220-54-00-5462 (E) PROFESSIONAL SERVICES 01 05/01/2012 BEGINNING BALANCE 0.00 02 AP-120626 06/19/2012 173 COMM/DEV-APPRAISAL DAVID W. PHILLIPS AN 513455 12707-SUM 3,600.00 06/19/2012 174 COMM/DEV-52 WEEKS OF ACCESS RECORD INFORMATION S 31775 575.00 AP-120629VD 06/29/2012 01 COMM/DEV-52 WEEKS :VOID 513535 RECORD INFORMATION S 31775 575.00 TOTAL PERIOD 02 ACTIVITY 4,175.00 575.00 03 AP-120724 07/18/2012 126 COMM/DEV-ANNUAL PERMIT FEES ILLINOIS E.P.A. FISC 513634 062012 1,000.00 07/18/2012 127 COMM/DEV-BACKGROUND CHECK ILLINOIS STATE POLIC 513637 062612C 31.50 07/18/2012 128 COMM/DEV-52 WEEK ACCESS TO VISA 513698 062612-CITY 575.00 TOTAL PERIOD 03 ACTIVITY 1,606.50 0.00 YTD BUDGET 1,500.00 TOTAL ACCOUNT ACTIVITY 5,781.50 575.00 ANNUAL REVISED BUDGET 6,000.00 ENDING BALANCE 5,206.50 01-410-54-00-5462 (E) PROFESSIONAL SERVICES 01 05/01/2012 BEGINNING BALANCE 0.00 03 AP-120724 07/18/2012 141 STREETS-6 MONTHS OF BURNING BENNETT, GARY L. 513598 070612 600.00 TOTAL PERIOD 03 ACTIVITY 600.00 0.00 YTD BUDGET 250.02 TOTAL ACCOUNT ACTIVITY 600.00 0.00 ANNUAL REVISED BUDGET 1,000.00 ENDING BALANCE 600.00 01-640-54-00-5462 (E) PROFESSIONAL SERVICES 01 05/01/2012 BEGINNING BALANCE 0.00 GJ-ZAJE01C 05/04/2012 10 DAC ANNUAL FEES 450.00 TOTAL PERIOD 01 ACTIVITY 450.00 0.00 YTD BUDGET 125.01 TOTAL ACCOUNT ACTIVITY 450.00 0.00 ANNUAL REVISED BUDGET 500.00 ENDING BALANCE 450.00 15-155-54-00-5462 (E) PROFESSIONAL SERVICES 01 05/01/2012 BEGINNING BALANCE 0.00 YTD BUDGET 0.00 TOTAL ACCOUNT ACTIVITY 0.00 0.00 ANNUAL REVISED BUDGET 0.00 ENDING BALANCE 0.00 20-200-54-00-5462 (E) PROFESSIONAL SERVICES 01 05/01/2012 BEGINNING BALANCE 0.00 DATE: 08/08/2012 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 11:21:52 GENERAL LEDGER ACTIVITY REPORT F-YR: 13 ID: GL440000.WOW ACTIVITY THROUGH FISCAL PERIOD 03 PER. JOURNAL # ENTRY DATE ITEM TRANSACTION DESCRIPTION VENDOR CHECK INVOICE DEBIT CREDIT 03 AP-120724 07/18/2012 226 PD CAPITAL-PORTION OF SEIZED KENDALL COUNTY SHERI 513646 12-0378 442.75 07/18/2012 227 PD CAPITAL-PORTION OF SEIZED KENDALL COUNTY STATE 513647 12-0378 3,099.25 TOTAL PERIOD 03 ACTIVITY 3,542.00 0.00 YTD BUDGET 625.02 TOTAL ACCOUNT ACTIVITY 3,542.00 0.00 ANNUAL REVISED BUDGET 2,500.00 ENDING BALANCE 3,542.00 21-211-54-00-5462 (E) PROFESSIONAL SERVICES 01 05/01/2012 BEGINNING BALANCE 0.00 YTD BUDGET 0.00 TOTAL ACCOUNT ACTIVITY 0.00 0.00 ANNUAL REVISED BUDGET 0.00 ENDING BALANCE 0.00 23-230-54-00-5462 (E) PROFESSIONAL SERVICES 01 05/01/2012 BEGINNING BALANCE 0.00 02 GJ-120529RC 07/16/2012 04 RECLASS AP120626 EEI INV 51032 488.50 GJ-120625RC 07/16/2012 04 RECLASS AP-120626 EEI INV 5103 207.42 GJ-120625XX 07/16/2012 04 REVERSE GJ-120625RC 207.42 AP-120626 06/19/2012 299 CW CAPITAL-PAVEMENT ENGINEERING ENTERPRI 513461 51032 488.50 TOTAL PERIOD 02 ACTIVITY 695.92 695.92 YTD BUDGET 25,000.02 TOTAL ACCOUNT ACTIVITY 695.92 695.92 ANNUAL REVISED BUDGET 100,000.00 ENDING BALANCE 0.00 51-510-54-00-5462 (E) PROFESSIONAL SERVICES 01 05/01/2012 BEGINNING BALANCE 0.00 AP-120508 05/03/2012 17 WATER OP-MAY HOSTING SERVICES ITRON 513288 239942 456.23 GJ-120531FE 06/01/2012 05 APRIL CC FEES US 395 447.74 06/01/2012 13 APRIL ANALYSIS FEES 52.37 TOTAL PERIOD 01 ACTIVITY 956.34 0.00 02 AP-120626 06/19/2012 327 WATER OP-ANNUAL SUPPORT SENSUS METERING SYST 513538 ZA13002005 1,524.60 06/19/2012 328 WATER OP-JULY - SEPTEMBER WIRE WIZARD OF ILLIN 513565 13857 500.00 06/19/2012 329 WATER OP-WATER LIENS YORKVILLE CLERK'S AC 513569 154195 137.00 06/19/2012 330 WATER OP-RELEASE OF WATER YORKVILLE CLERK'S AC 513569 154195 441.00 GJ-120630FE 06/20/2012 05 MAY CC FEES UB 395 125.87 TOTAL PERIOD 02 ACTIVITY 2,728.47 0.00 03 AP-120724 07/18/2012 257 WATER OP-SERVICE CALL DARYL BOWLES 513612 070212 120.00 GJ-12073IFE 08/02/2012 05 JUNE CC FEES UB 395 398.08 08/02/2012 13 JUNE ACCOUNT ANALYSIS FEE 65.70 TOTAL PERIOD 03 ACTIVITY 583.78 0.00 YTD BUDGET 2,200.02 TOTAL ACCOUNT ACTIVITY 4,268.59 0.00 ANNUAL REVISED BUDGET 8,800.00 ENDING BALANCE 4,268.59 52-520-54-00-5462 (E) PROFESSIONAL SERVICES 01 05/01/2012 BEGINNING BALANCE 0.00 GJ-120531FE 06/01/2012 07 APRIL CC FEES UB 395 187.12 06/01/2012 15 APRIL ANALYSIS FEES 21.88 TOTAL PERIOD 01 ACTIVITY 209.00 0.00 02 AP-120626 06/19/2012 404 SEWER OP-JULY - SEPTEMBER WIRE WIZARD OF ILLIN 513565 13857 121.00 DATE: 08/08/2012 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 11:21:53 GENERAL LEDGER ACTIVITY REPORT F-YR: 13 ID: GL440000.WOW ACTIVITY THROUGH FISCAL PERIOD 03 PER. JOURNAL # ENTRY DATE ITEM TRANSACTION DESCRIPTION VENDOR CHECK INVOICE DEBIT CREDIT 02 GJ-120630FE 06/20/2012 07 MAY CC FEES UB 395 38.68 TOTAL PERIOD 02 ACTIVITY 159.68 0.00 03 GJ-120731FE 08/02/2012 07 JUNE CC FEES UB 395 122.30 08/02/2012 15 JUNE ACCOUNT ANALYSIS FEE 20.19 TOTAL PERIOD 03 ACTIVITY 142.49 0.00 YTD BUDGET 1,250.01 TOTAL ACCOUNT ACTIVITY 511.17 0.00 ANNUAL REVISED BUDGET 5,000.00 ENDING BALANCE 511.17 79-790-54-00-5462 (E) PROFESSIONAL SERVICES 01 05/01/2012 BEGINNING BALANCE 0.00 02 AP-20614A 06/06/2012 01 BACKGROUND CHECKS ILLINOIS STATE POLIC 208873 051512-P 94.50 06/06/2012 02 POST ACCIDENT DRUG SCREEN RUSH-COPLEY HEALTHCA 208876 5749-P 46.00 GJ-20614A 06/07/2012 02 AUDIT AJE 94.50 06/07/2012 03 AUDIT AJE 46.00 TOTAL PERIOD 02 ACTIVITY 140.50 140.50 03 GJ-120704FE 08/03/2012 01 JUNE CREDIT CARD FEES 829.77 AP-120712 07/03/2012 07 BACKGROUND CHECKS ILLINOIS STATE POLIC 208975 062612-PR 31.50 TOTAL PERIOD 03 ACTIVITY 861.27 0.00 YTD BUDGET 1,125.00 TOTAL ACCOUNT ACTIVITY 1,001.77 140.50 ANNUAL REVISED BUDGET 4,500.00 ENDING BALANCE 861.27 79-795-54-00-5462 (E) PROFESSIONAL SERVICES 01 05/01/2012 BEGINNING BALANCE 0.00 GJ-120514PR 05/30/2012 40 APRIL CC FEES CHARGED 5/6/12 775.63 AP-120524 05/16/2012 01 REFEREE EDDIE A. HOLMAN 208855 050812 140.00 05/16/2012 02 REFEREE PAUL MCDOWELL 208857 050312 140.00 05/16/2012 03 REFEREE BRUCE MORRICK 208859 050812 35.00 05/16/2012 04 REFEREE TRACY ROBINSON 208866 050312 140.00 05/16/2012 05 REFEREE TRACY ROBINSON 208866 050812 140.00 05/16/2012 06 REFEREE RONALD V. WOZNY 208868 050312 140.00 05/16/2012 07 REFEREE JASON ZALESKI 208869 050812 70.00 TOTAL PERIOD 01 ACTIVITY 1,580.63 0.00 02 GJ-120611PR 06/12/2012 40 MAY CREDIT CARDS FEES 930.88 AP-120614 06/06/2012 29 REFEREE JOHN EARLE 208884 051712 140.00 06/06/2012 30 MAY 10 PARK BOARD MEETING LISA R. GODWIN 208886 051012 126.49 06/06/2012 31 REFEREE EDDIE A. HOLMAN 208891 051512 105.00 06/06/2012 32 REFEREE MARK A. HUTH 208894 052212 140.00 06/06/2012 33 REFEREE DENNIS KEITH 208896 051012 140.00 06/06/2012 34 REFEREE SCOTT MAYER 208897 052912 140.00 06/06/2012 35 REFEREE NORMAN C. MEIER 208898 052212 140.00 06/06/2012 36 REFEREE NORMAN C. MEIER 208898 052912 140.00 06/06/2012 37 REFEREE KRISTEN MERRIMAN 208900 051012 140.00 06/06/2012 38 REFEREE KRISTEN MERRIMAN 208900 051512 105.00 06/06/2012 39 REFEREE BRUCE MORRICK 208902 052212 140.00 06/06/2012 40 REFEREE BRUCE MORRICK 208902 052412 140.00 06/06/2012 41 REFEREE MUNNS, MARTY 208903 052412 140.00 DATE: 08/08/2012 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 11:21:54 GENERAL LEDGER ACTIVITY REPORT F-YR: 13 ID: GL440000.WOW ACTIVITY THROUGH FISCAL PERIOD 03 PER. JOURNAL # ENTRY DATE ITEM TRANSACTION DESCRIPTION VENDOR CHECK INVOICE DEBIT CREDIT 02 AP-120614 06/06/2012 42 REFEREE TRACY ROBINSON 208912 051512 105.00 06/06/2012 43 REFEREE TRACY ROBINSON 208912 051712 140.00 06/06/2012 44 REFEREE TRACY ROBINSON 208912 052412 140.00 06/06/2012 45 REFEREE TRACY ROBINSON 208912 052912 140.00 06/06/2012 46 REFEREE RONALD V. WOZNY 208922 051012 140.00 06/06/2012 47 REFEREE JASON ZALESKI 208924 051712 140.00 AP-120628 06/19/2012 20 REFEREE ROBERT FERGUSON 208933 060512 140.00 06/19/2012 21 REFEREE RAYMOND HAYEN 208937 060512 140.00 06/19/2012 22 REFEREE EDDIE A. HOLMAN 208938 060712 140.00 06/19/2012 23 REFEREE MARK A. HUTH 208939 060512 140.00 06/19/2012 24 REFEREE MARK A. HUTH 208939 061212 70.00 06/19/2012 25 REFEREE JIMMY E. JONES 208941 061412 140.00 06/19/2012 26 REFEREE NORMAN C. MEIER 208942 061412 140.00 06/19/2012 27 REFEREE BRUCE MORRICK 208946 060712 105.00 06/19/2012 28 REFEREE BRUCE MORRICK 208946 061212 140.00 06/19/2012 29 REFEREE MUNNS, MARTY 208947 060712 140.00 06/19/2012 30 ANNUAL CONTRACT RENEWAL VERMONT SYSTEMS 208957 36378 1,725.00 06/19/2012 31 REFEREE RONALD V. WOZNY 208958 061212 140.00 06/19/2012 32 REFEREE RONALD V. WOZNY 208958 061412 105.00 TOTAL PERIOD 02 ACTIVITY 6,737.37 0.00 03 AP-120712 07/03/2012 37 JUNE 14TH MEETING MINUTES LISA R. GODWIN 208965 061412 99.00 07/03/2012 38 REFEREE EDDIE A. HOLMAN 208971 062112 105.00 07/03/2012 39 REFEREE EDDIE A. HOLMAN 208971 062612 70.00 07/03/2012 40 REFEREE EDDIE A. HOLMAN 208971 062812 140.00 07/03/2012 41 REFEREE MARK A. HUTH 208974 061912 140.00 07/03/2012 42 REFEREE DENNIS KEITH 208976 062612 140.00 07/03/2012 43 CLASS INSTRUCTION KINDERMUSIK 208977 KM062012 136.20 07/03/2012 44 REFEREE BRUCE MORRICK 208980 061912 140.00 07/03/2012 45 REFEREE BRUCE MORRICK 208980 062112 105.00 07/03/2012 46 REFEREE BRUCE MORRICK 208980 062812 140.00 07/03/2012 47 REFEREE MUNNS, MARTY 208981 061912 140.00 07/03/2012 48 OFFICIALS ASSIGNING FEE FOR CYNTHIA O'LEARY 208985 SOFTBALL 1ST-12 505.00 07/03/2012 49 REFEREE TRACY ROBINSON 208994 062112 105.00 07/03/2012 50 REFEREE TRACY ROBINSON 208994 062812 140.00 07/03/2012 51 REFEREE VINCENT J. SCANIO 208996 062612 70.00 07/03/2012 52 REFEREE RONALD V. WOZNY 209002 062612 140.00 AP-120726 07/18/2012 20 SUMMER SESSION 1 SPORTS ALL STAR SPORTS INST 209005 124147 8,649.50 07/18/2012 21 GOLF CAMP INSTRUCTION CHAD JOHANSEN GOLF A 209008 1188 805.00 07/18/2012 22 PROGRAM CATALOG DISTRIBUTION DOOR TO DOOR DIRECT 209012 14647 638.00 07/18/2012 23 JUNE 26 MEETING MINUTES LISA R. GODWIN 209017 062612 13.16 07/18/2012 24 REFEREE RAYMOND HAYEN 209019 071212 140.00 07/18/2012 25 REFEREE DENNIS KEITH 209021 071212 140.00 07/18/2012 26 REFEREE NORMAN C. MEIER 209024 071012 140.00 07/18/2012 27 REFEREE BRUCE MORRICK 209027 071012 140.00 07/18/2012 28 ASSIGNING FEE PER OFFICIALS CYNTHIA O'LEARY 209029 SOFTBALL 2 ND 455.00 07/18/2012 29 REFEREE TRACY ROBINSON 209038 071012 140.00 07/18/2012 30 REFEREE TRACY ROBINSON 209038 071212 140.00 07/18/2012 31 TOT & KID ROCK CLASS ROCK 'N' KIDS, INC. 209039 YVSU12 608.00 TOTAL PERIOD 03 ACTIVITY 14,323.86 0.00 YTD BUDGET 15,000.00 TOTAL ACCOUNT ACTIVITY 22,641.86 0.00 ANNUAL REVISED BUDGET 60,000.00 ENDING BALANCE 22,641.86 DATE: 08/08/2012 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 11:21:54 GENERAL LEDGER ACTIVITY REPORT F-YR: 13 ID: GL440000.WOW ACTIVITY THROUGH FISCAL PERIOD 03 PER. JOURNAL # ENTRY DATE ITEM TRANSACTION DESCRIPTION VENDOR CHECK INVOICE DEBIT CREDIT 80-800-54-00-5462 (E) PROFESSIONAL SERVICES 01 05/01/2012 BEGINNING BALANCE 0.00 GJ-120514PR 05/30/2012 42 APRIL CC FEES CHARGED 5/6/12 775.62 AP-120524 05/16/2012 33 MAY PEST CONTROL FIRST ILLINOIS SYSTE 208852 9442 43.00 TOTAL PERIOD 01 ACTIVITY 818.62 0.00 02 GJ-120611PR 06/12/2012 42 MAY CREDIT CARDS FEES 930.88 AP-120614 06/06/2012 70 TANNING LICENSE RENEWAL ILLINOIS DEPARTMENT 208895 026989-2012 150.00 06/06/2012 71 JULY 2012 - SEPT. 2012 ALARM WIRE WIZARD OF ILLIN 208921 13767 60.00 AP-120628 06/19/2012 64 JUNE PEST CONTROL FIRST ILLINOIS SYSTE 208934 9608 43.00 06/19/2012 65 ANNUAL CONTRACT RENEWAL VERMONT SYSTEMS 208957 36378 1,725.00 AP-20614A 06/06/2012 10 BACKGROUND CHECKS ILLINOIS STATE POLIC 208873 051512-P 31.50 GJ-20614A 06/07/2012 11 AUDIT AJE 31.50 TOTAL PERIOD 02 ACTIVITY 2,940.38 31.50 03 GJ-120704FE 08/03/2012 03 JUNE CREDIT CARD FEES 829.77 AP-120712 07/03/2012 74 BACKGROUND CHECKS ILLINOIS STATE FOLIC 208975 062612-PR 63.00 AP-120726 07/18/2012 45 PROGRAM CATALOG DISTRIBUTION DOOR TO DOOR DIRECT 209012 14647 638.00 07/18/2012 46 JULY PEST CONTROL FIRST ILLINOIS SYSTE 209014 9772 43.00 TOTAL PERIOD 03 ACTIVITY 1,573.77 0.00 YTD BUDGET 5,000.01 TOTAL ACCOUNT ACTIVITY 5,332.77 31.50 ANNUAL REVISED BUDGET 20,000.00 ENDING BALANCE 5,301.27 82-820-54-00-5462 (E) PROFESSIONAL SERVICES 01 05/01/2012 BEGINNING BALANCE 0.00 AP-120514 05/08/2012 02 MAINTENANCE CONTRACT CHARGE SOUND INCORPORATED 103157 R113770 709.50 05/08/2012 03 MAY ELEVATOR MAINTENACE THYSSENKRUPP ELEVATO 103159 3000158407 218.03 GJ-120531FE 06/01/2012 17 WIRE FEE 5/7/12 15.00 06/01/2012 19 WIRE FEE 5/14/12 20.00 TOTAL PERIOD 01 ACTIVITY 962.53 0.00 02 AP-120611 06/04/2012 07 SILVER SERVICE AGREEMENT SOUND INCORPORATED 103175 R114336 291.00 06/04/2012 08 REMOVED AND REPLACED FAULTY TRICO MECHANICAL SER 103176 2850 1,285.28 06/04/2012 09 SPRING START UP SERVICE TRICO MECHANICAL SER 103176 2851 2,282.10 GJ-120630FE 06/20/2012 09 JUNE WIRE FEES 85.00 TOTAL PERIOD 02 ACTIVITY 3,943.38 0.00 03 AP-120709 07/02/2012 08 RENEWAL FOR POLICY #2465461 CASTLE INSURANCE SER 103185 427320 340.00 07/02/2012 09 COMMUNICATION CHARGES ILLINOIS CENTURY NET 103188 T1239908 7.20 07/02/2012 10 JUNE ELEVATOR MAINTENANCE THYSSENKRUPP ELEVATO 103197 3000175908 218.03 07/02/2012 11 ELEVATOR REPAIR THYSSENKRUPP ELEVATO 103197 6000003740 200.00 07/02/2012 12 CONTINUED WORK ON PUBLIC PC YORKVILLE PC 103199 1308 1,440.00 07/02/2012 13 MAY 14 MEETING MINUTES MARLYS J. YOUNG 103200 051412 90.00 07/02/2012 14 JUNE 11 MEETING MINUTES MARLYS J. YOUNG 103200 061112 62.00 GJ-12073IFE 08/02/2012 09 JUNE WIRE FEES 30.00 TOTAL PERIOD 03 ACTIVITY 2,387.23 0.00 YTD BUDGET 7,250.01 TOTAL ACCOUNT ACTIVITY 7,293.14 0.00 ANNUAL REVISED BUDGET 29,000.00 ENDING BALANCE 7,293.14 GRAND TOTAL 56,577.26 0.00 TOTAL DIFFERENCE 56,577.26 0.00 ,SAD Co. Reviewed By: Agenda Item Number i d40 Legal ❑ II#8 Finance ■ EST. 1836 Engineer ❑ - City Administrator ■ Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ ADM 2012-48 Police ALE �► � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Cash Statement for July 2012 Meeting and Date: COW—August 14, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: UNITED CITY OF YORKVILLE CASH AND INVESTMENT SUMMARY-as of June 30,2012 CASH Cash-Operations Cash-Special Purpose IL Funds IL Funds Operations Aurora Special Purpose Grand Old Second Castle E-Pay Acct IMET Totals Old Second Castle IMET Earthmovers Totals Totals General Fund 01-General (2,169,622) 4,087 8 3,261,874 1,096,347 2,295 15,744 50 18,089 1,114,436 Special Revenue Funds 15-Motor Fuel Tax - - - - 961,765 961,765 961,765 72-Land Cash (298,936) (298,936) - - (298,936) 85-Fox Industrial TIF - - - - - 87-Countryside TIF 151,659 970,306 1,121,965 693,936 693,936 1,815,901 88-Downtown TIF 274,334 3,160 277,494 - - 277,494 11-Fox Hill SSA 17,828 551 18,380 18,380 12-Sunflower SSA 13,343 - 1,370 14,713 14,713 Debt Service Fund 42-Debt Service 156,332 46,450 202,782 202,782 Capital Funds 16-Municipal Building (575,624) - (575,624) (575,624) 20-Police Capital 178,101 178,101 178,101 21-Public Works Capital 68,863 68,863 - - 68,863 23-City-Wide Capital 172,397 - 172,397 55,908 55,908 228,305 Enterprise Funds 51-Water 206,951 6,243 311,164 524,358 - - 524,358 52-Sewer 2,932,061 1,918 37,551 2,971,530 2,971,530 Agency Funds 90-Developer Escrow 133,189 - - 133,189 - 133,189 95-Escrow Deposit 246,784 7,691 - 254,475 - - - - 254,475 Total City Funds 1,507,661 19,939 8 4,632,426 6,160,034 696,231 - 1,033,417 50 1,729,699 7,889,732 Distribution% 19.11% 0.25% 0.00% 58.71% 8.82% 0.00% 13.10% 0.00% Library Funds 82-Library Operations 321,367 - 1 - 321,368 - - 332,892 25 332,917 654,285 83-Library Debt Service (64,500) 282,295 217,795 - - - - 217,795 84-Library Capital - - - 6,372 - 6,372 6,372 Totals 256,867 282,296 539,163 6,372 332,892 25 339,289 878,452 Distribution% 29.24% 32.14% 0.73% 37.90% Park and Recreation Funds 79-Parks and Recreation - 432,337 - 432,337 - - 25 25 432,362 22-Park&Rec Capital 61,661 61,661 148,052 148,052 209,713 80-Recreation Center (244,734) (244,734) - - - (244,734) Totals 249,264 249,264 148,052 25 148,078 397,341 Distribution% 62.73% 37.26% 0.01%