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City Council Packet 2011 08-23-11 Cl,?.y J� United City of Yorkville 800 Game Farm Road EST , -'� 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 LE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, August 23, 2011 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV George Gilson, Jr. Jackie Milschewski Marty Munns Rose Ann Spears Carlo Colosimo Larry Kot Chris Funkhouser Diane Teeling Establishment of Quorum: Amendments to Agenda: Presentations: Public Hearings: 1. Bond Refinancing Citizen Comments: Consent Agenda: 1. CC 2011-92 Bills for Payment - $835,139.84 2. EDC 2011-30 Ordinance Amending City Code Establishing Licensing Requirements for Taxicab Companies, Taxicabs and Taxicab Drivers—authorize Mayor and City Clerk to execute 3. ADM 2011-38 Monthly Treasurer's Report for July 2011 Minutes for Approval: 1. CC 2011-93 Minutes of the City Council—July 26, 2011 Mayor's Report: 1. CC 2011-90 Appointment of Building Code Official(Building Inspector/Zoning Officer) 2. CC 2011-94 Appointment to Plan Commission 3. CC 2011-95 Resolution to Induce the Redevelopment of Certain Property within the Yorkville Downtown Tax Increment Redevelopment Project Area(Imperial Investments) 4. CC 2011-96 Resolution Authorizing the Transfer of Escrow Funds of the Special Service Area Payment for 164-B Bertram Drive, the Raintree Park Improvements and the Yorkville Business Center Watermain Improvements to a New Escrow Account with the Illinois Metropolitan Fund City Council Meeting Agenda August 23, 2011 Page 2 Mayor's Report (cont'd): 5. CC 2011-97 Ordinance Approving an Intergovernmental Agreement Between the United City of Yorkville and the State of Illinois Department of Transportation for the Reconstruction of Illinois Route 47 6. CC 2011-98 Ordinance Approving a Memorandum of Understanding Between the United City of Yorkville and Wesley Property Corp. 7. CC 2011-99 Sergeants' Union Contract Amendments Public Works Committee Report: Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: Park Board: 1. CC-100 Resolution Authorizing Signatories for the Parks and Recreation Account with Castle Bank Plan Commission: Zoning Board of Appeals: City Council Report: City Clerk's Report: City Treasurer's Report: Community and Liaison Report: Staff Report: Additional Business: Executive Session: 1. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. 2. For collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. 3. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. 4. The purchase or lease of real property for use of the public body. 5. The setting of a price for sale or lease of property owned by the public body. Adjournment: City Council Meeting Agenda August 23, 2011 Page 3 COMMITTEES, MEMBERS AND RESPONSIBILITIES ;PUBLIC WORKS: September 20, 2011 —6: 30 p.m. —City Hall Conference Room -____ ____ ----- --------- --------- --------- --------- --------- --------- --------- --------- ----er --------- -------- --------- ------------------ Committee Departments Liaisons Chairman: Alderman Gilson Public Works Park Board Committee: Alderman Teeling Engineering YBSD Committee: Alderman Kot Parks and Recreation Committee: Alderman Milschewski ;ECONOMIC DEVELOPMENT:_September 6,_2011_—6:30_p.m. —City Hall_Conference Room- ; -____ -____ -____ ------- --------- --------- --------- --------- --------- --------- --------- --------- --------- -------- ------------------ Committee Departments Liaisons Chairman: Alderman Munns Community Development Plan Commission Committee: Alderman Funkhouser Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Milschewski Kendall Co. Plan Commission Committee: Alderman Teeling ;PUBLIC SAFETY:_September 8, 2011 —6:30_p.m._—City Hall Conference Room; ----- ----- ----- -------- --------- --------- --------- --------- --------- --------- --------- --------- --------- ---------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Colosimo Police Human Resource Comm. Committee: Alderman Spears School District Committee: Alderman Kot Committee: Alderman Funkhouser ;ADMINISTRATION: Se tember 15 2011 —6:30 m.—Cit Hall Conference Room -------------------------------------------- p -----,---0 1 -----------p'- -------y------ ----------erne - ----- Committee Departments Liaisons Chairman: Alderman Spears Finance Library Committee: Alderman Gilson Administration Committee: Alderman Colosimo Committee: Alderman Munns UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, August 23, 2011 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ----------------------------------------------------------------------------------------------------------------------------------------- l. Refinancing Bonds ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-92 Bills for Payment - $835,139.84 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2011-30 Ordinance Amending City Code Establishing Licensing Requirements for Taxicab Companies, Taxicabs and Taxicab Drivers ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. ADM 2011-38 Monthly Treasurer's Report for July 2011 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-93 Minutes of the City Council—July 26, 2011 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- l. CC 2011-90 Appointment of Building Code Official ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2011-94 Appointment to Plan Commission ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2011-95 Resolution to Induce the Redevelopment of Certain Property within the Yorkville Downtown Tax Increment Redevelopment Project Area(Imperial Investments) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2011-96 Resolution Authorizing the Transfer of Escrow Funds of the Special Service Area Payment for 164-B Bertram Drive, the Raintree Park Improvements and the Yorkville Business Center Watermain Improvements to a New Escrow Account with the Illinois Metropolitan Fund ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-97 Ordinance Approving an Intergovernmental Agreement for the Reconstruction of Illinois Route 47 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2011-98 Ordinance Approving a Memorandum of Understanding Between the United City of Yorkville and Wesley Property Corp. ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 6. CC 2011-99 Sergeants' Union Contract Amendments ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PARK BOARD REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-100 Resolution Authorizing Signatories for the Parks and Recreation Account with Castle Bank ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- c/Ty Reviewed By: J� O� Legal Agenda Item Number Finance Public Hearing#1 EST. , 1836 Engineer ❑ City Administrator 0 4 �l � � � Human Resources ❑ Tracking Number Community Development ❑ Ken Call county ` ❑ � Police ALE Public Works ❑ Agenda Item Summary Memo Title: Bond refinancing public hearing Meeting and Date: City Council— August 23, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/ A Action Taken: Item Number: Type of Vote Required: N/ A Council Action Requested: Conduct public hearing Submitted by: Bart Olson Administration Name Department Agenda Item Notes: .��0 Co.y o Memorandum " To: City Council EST. �Z 1836 From: Bart Olson, City Administrator .4 ` CC: O C u " p Date: August 18, 2011 Count�Y Seat Subject: Refinancing bond public hearing Attached are several documents related to the refinancing of sewer bonds 2005D and 2008 into a 2011 issuance. The purpose of this agenda item is to hold a public hearing on the concept of bond refunding through issuance of new debt. Materials attached to this memo include: 1) The public notice for this public hearing 2) The authorizing ordinance for the bond, which was approved by City Council on August 9, 2011 3) A debt service schedule for the new 15-year bond 4) A chart showing the amount of money that could be spent on road improvements each year, if the 15-year bond is approved by City Council a. Labeled "Chart 1" 5) A chart showing the impact of refinancing on City property taxes through FY 17 a. Labeled Chart 3 As a reminder, this is the second step out of three in the refinancing process. After public input is received tonight, this item will not appear before City Council for action until the September 27th City Council meeting. It may be on the September 13th for discussion, if necessary. Step 1 —Authorizing ordinance (completed August 9th) Step 2 —Conduct public hearing (to be completed August 23rd) Step 3 —Approve a bond ordinance (to be completed September 27th) PUBLIC NOTICE NOTICE OF PUBLIC HEARING The United City of Yorkville, Kendall County, Illinois (the "City"), will hold a public hearing on August 23, 2011 at 7:00 p.m. The hearing will be held at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois. The purpose of the hearing will be to receive comments on the proposal to sell General Obligation Refunding Bonds (Alternate Revenue Source) in the amount of not to exceed $12,000,000 for the purpose of refunding all or a portion of the City's General Obligation Bonds (Alternate Revenue Source) Series 2005D and all or a portion of the City's General Obligation Refunding Bonds (Alternate Revenue Source) Series 2008 in order to restructure the debt burden of the City. At the hearing persons desiring to be heard may present written or oral testimony within reasonable time limits. By: /s/ Beth Warren City Clerk United City of Yorkville, Illinois IN THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, ILLINOIS ORDINANCE NO. 2011-�o AN ORDINANCE authorizing the issuance of one or more Series of General Obligation Refunding Bonds (Alternate Revenue Source) Series 2011 of the United City of Yorkville, Kendall County, Illinois, in an aggregate principal amount not to exceed $12,000,000 BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, and is now operating under the provisions of the Illinois Municipal Code, as amended (the "Code"); and WHEREAS, the City Council of the City (the "Corporate Authorities") has determined that it is advisable, necessary and in the best interests of the City to pay the costs to refund (i) all or a portion of the City's General Obligation Bonds (Alternate Revenue Source), Series 2005D and (ii) all or a portion of the City's General Obligation Refunding Bonds (Alternate Revenue Source), Series 2008 (the "Refunding"), in order to restructure the debt burden of the City; and WHEREAS, the estimated cost of the Refunding and paying costs in connection therewith is not greater than $12,000,000, and there are insufficient funds on hand and lawfully available to provide the funds for such Project; and WHEREAS, it is necessary and for the best interest of the City that the Refunding be undertaken and in order to finance the costs thereof it will be necessary for the City to issue up to $12,000,000 alternate bonds (the "Alternate Bonds"), being general obligation refunding bonds payable from distributions of sales taxes imposed by the City and collected by the State of CH12_2626120.2 Illinois pursuant to Sections 8-11-1.3 and 8-11-1.4 of the Illinois Municipal Code consisting of the Non-Home Rule Municipal Retailers Occupation Tax and Non-Home Rule Municipal Service Occupation Tax; as authorized to be issued at this time pursuant to the Local Government Debt Reform Act of the State of Illinois, as amended(the "Act"); and WHEREAS, if the above-mentioned revenue sources are insufficient to pay the Bonds, ad valorem property taxes upon all taxable property in the City without limitation as to rate or amount are authorized to be extended to pay the principal of and interest on the Bonds; WHEREAS, pursuant to and in accordance with the provisions of the Act, the City is authorized to issue its Alternate Bonds in the aggregate principal amount of not to exceed $12,000,000 for the purpose of providing funds to accomplish the Refunding and to pay the costs of issuing such Alternate Bonds: BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,ILLINOIS, as follows: Section 1. Incorporation of Preambles. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this ordinance are full, true and correct and do incorporate them and the terms defined therein into this ordinance by this reference. Section 2. Determination To Issue Bonds. It is necessary and in the best interests of the City to undertake the Refunding and that for the purpose of paying the costs of issuance in connection therewith, there are hereby authorized to be issued and sold the Alternate Bonds of the City in an aggregate principal amount not to exceed $12,000,000. It is hereby expressed to be the desire of the City to issue Alternate Bonds in an amount not to exceed $12,000,000. Section 3. Publication. This ordinance, together with a notice in the statutory form as attached hereto, and appropriately completed (the "Notice"), shall be published once within 2 CH 12_2626120.2 ten (10) days after passage hereof by the Corporate Authorities in the Kendall County Record the same being a newspaper of general circulation in the City, and if no petition, signed by electors numbering seven and one half percent (7-1/2%) of the registered voters in the City (i.e., 790) and asking that the issuance of the Alternate Bonds be submitted to referendum is filed with the City Clerk within thirty (30) days after the date of the publication of this ordinance and said notice, then the Alternate Bonds shall be authorized to be issued. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of the Notice, an election on the proposition to issue said bonds shall be held on the 20"' day of March, 2012. Section 4. Additional Ordinances. If no petition meeting the requirements of applicable law is filed during the petition period hereinabove referred to, then the Corporate Authorities intend to adopt additional ordinances or proceedings supplementing or amending this ordinance providing for the issuance and sale of the Alternate Bonds, prescribing all the details of the Alternate Bonds, so long as the maximum amount of the Alternate Bonds as set forth in this ordinance is not exceeded and there is no material change in the Refunding or other purposes described herein. Such additional ordinances or proceedings shall in all instances become effective in accordance with applicable law. This ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for the issuance of the Alternate Bonds under applicable law. Section 5. Bond Counsel. The Corporate Authorities hereby appoint Foley & Lardner LLP as its bond counsel for the Alternate Bonds. Section 6. Severability. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance. 3 CH12_2626120.2 Section 7. Repealer. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed. Section 8. Effectiveness. This ordinance is effective upon its passage and approval. PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS this August 9, 2011. GEORGE GILSON, JR. MARTY MUNNS CARLO COLOSIMO CHRIS FUNKHOUSER LARRY KOT DIANE TEELING JACKIE MILSCHEWSKI ROSE ANN SPEARS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, I Illinois, the l day of August, 2011. APPROVED Mayo , U City of Yorkville Kendall County, Illinois Gary J. Golinski ATTEST: /Ozo City Clerk Published in Kendall County Record on &C-u5? 1/ , 2011. 4 CH 12_2626120.2 NOTICE OF INTENT TO ISSUE BONDS AND RIGHT TO FILE PETITIONS Notice is hereby given that pursuant to Ordinance No. 3011—L-1,3 , adopted on the 9th day of August, 2011 (the "Ordinance"), the United City of Yorkville, Kendall County, Illinois (the "City"), intends to issue its General Obligation Refunding Bonds (Alternate Revenue Source) in an aggregate principal amount not to exceed $12,000,000 (the "Bonds"), and bearing interest per annum at not to exceed the maximum rate authorized by law at the time the Bonds are sold, for the purpose of paying the costs to refund all or a portion of (i) the City's General Obligation Bonds (Alternate Revenue Source), Series 2005D and (ii) the City's General Obligation Refunding Bonds (Alternate Revenue Source) Series 2008 (the "Refunding"), as more fully described in-the Ordinance. The revenue sources that will be pledged to the payment of the principal of and interest on the Bonds will be distributions of sales taxes imposed by the City and collected by the State of Illinois pursuant to Sections 8-11-1.3 and 8-11-1.4 of the Illinois Municipal Code consisting of the Non-Home Rule Municipal Retailers Occupation Tax and Non-Home Rule Municipal Service Occupation Tax. If these revenue sources are insufficient to pay the Bonds, ad valorem property taxes upon all taxable property in the City without limitation as to rate or amount are authorized to be extended to pay the principal of and interest on the Bonds. A complete copy of the Ordinance follows this notice. Notice is hereby further given that if a petition, signed by 790 or more electors of the City (the same being equal to 7.5% of the registered voters of the City), asking that the issuance of the Bonds be submitted to referendum is filed with the City Clerk of the City within thirty (30) days after the date of publication of the Ordinance and this notice, the question of the issuance of the Bonds shall be submitted to the electors of the City at the election to be held at the general primary election on the 20th day of March 2012. The Circuit Court may declare that an emergency referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as amended. By order of the City Council of the United City of Yorkville, Kendall County, Illinois, this day of August, 2011. /s/Beth Warren City Clerk, United City of Yorkville, Kendall County, Illinois CH12_2626120.2 Alternative A-2 United City of Yorkville, Kendall County, Illinois Series 2011 Refunds 2005D and 2008 ORIGINAL 15 Year Debt Service Schedule Date Principal Coupon Interest Total P+l 12/30/2011 - - - 12/30/2012 - - 612,203.28 612,203.28 12/30/20I3 760,000.00 1.550% 432,992.50 1,192,992.50 12/30/2014 770,000.00 1.950% 421,212.50 1,191,212.50 12/30/2015 790,000.00 2.350% 406 197.50 1,196,197.50 12/30/2016 805,000.00 2.650% 387,632.50 1,192,632.50 12/30/2017 825,000.00 3.050% 366,300.00 1,191,300.00 12/30/2018 855,000.00 3.400% 341,137,50 1,196,137.50 12/30/2019 880,000.00 3.750% 312,067.50 1,192,067.50 12/30/2020 915,000.00 4.000% 279,067.50 1,194 067.50 12/30/2021 950,000.00 4.200% 242,467.50 1,192,467.50 12/30/2022 990,000.00 4.500% 202,567.50 1,192,567.50 12/30/2023 1,035,000.00 4.700% 158,017.50 1,193,017.50 12/30/2024 1,085,000.00 4.850% 109,372.50 1,194,372.50 12/30/2025 1 135 000.00 5.000% 56 750.00 1,191,750.00 Total $11,795,000.00 - $4,327,985.78 $16,122,985.78 Yield Statistics Bond Year Dollars $104,911.82 Average Life 8.895 Years Average Coupon 4.1253558% Net Interest Cost(NIC) 4.2152980% True Interest Cost(TIC) 4.1766320% Bond Yield for Arbitrage Purposes 4.0665004% All Inclusive Cost(AIC) 4.3159900% IRS Form 8038 Net interest Cost 4.1253558% Wei hted Average Maturity 8.895 Years Ser 2011 Ref 2005D 20081 1 SINGLE PURPOSE 1 5/1612011 1 9:44 AM � r r .r- No refi 30 year 14 year 15 year 17 year 20 year FY Payment $for Roads Payment $for Roads Payment $for Roads Payment $for Roads Payment $for Roads Payment $for Roads 2012 $1,496,040 $ $ - $ 1,248,020 $ - $ 1,248,020 $ - $1,248,020 $ - $ 1,248,020 $ - $ 1,248,020 2013 $2,054,540 $ $ 1,474,921 $ 25,079 $ 608,587 $ 891,413 $ 612,203 $ 887,797 $ 914,928 $ 585,072 $ 627,798 $ 872,202 2014 $2,088,140 $ $ 1,458,897 $ 41,103 $ 1,190,435 $ 309,565 $ 1,192,992 $ 307,008 $ 939,920 $ 560,080 $ 949,022 $ 550,978 2015 $2,317,590 $ $ 1,461,305 $ 38,695 $ 1,188,655 $ 311,345 $ 1,191,212 $ 308,788 $ 938,860 $ 561,140 $ 947,962 $ 552,038 2016 $3,234,590 $ $ 1,458,782 $ 41,218 $ 1,193,640 $ 306,360 $ 1,196,197 $ 303,803 $ 940,700 $ 559,300 $ 949,802 $ 550,198 2017 $1,095,090 $ 404,910 $ 1,461,170 $ 38,830 $ 1,190,075 $ 309,925 $ 1,192,632 $ 307,368 $ 940,300 $ 559,700 $ 949,402 $ 550,598 2018 $1,091,408 $ 408,592 $ 1,454,237 $ 45,763 $ 1,188,742 $ 311,258 $ 1,191,300 $ 308,700 $ 938,110 $ 561,890 $ 947,212 $ 552,788 2019 $ $ 1,500,000 $ 1,461,722 $ 38,278 $ 1,193,580 $ 306,420 $ 1,196,137 $ 303,863 $ 938,530 $ 561,470 $ 947,632 $ 552,368 2020 $ $ 1,500,000 $ 1,458,372 $ 41,628 $ 1,189,510 $ 310,490 $ 1,192,067 $ 307,933 $ 941,880 $ 558,120 $ 950,982 $ 549,018 2021 $ $ 1,500,000 $ 1,469,060 $ 30,940 $ 1,191,510 $ 308,490 $ 1,194,067 $ 305,933 $ 937,330 $ 562,670 $ 946,432 $ 553,568 2022 $ $ 1,500,000 $ 969,060 $ 530,940 $ 1,189,910 $ 310,090 $ 1,192,467 $ 307,533 $ 940,795 $ 559,205 $ 949,897 $ 550,103 2023 $ $ 1,500,000 $ - $ 1,500,000 $ 1,190,010 $ 309,990 $ 1,192,567 $ 307,433 $ 942,117 $ 557,883 $ 951,220 $ 548,780 2024 $ $ 1,500,000 $ $ 1,500,000 $ 1,760,460 $ (260,460) $ 1,193,017 $ 306,983 $ 1,476,517 $ 23,483 $ 950,620 $ 549,380 2025 $ $ 1,500,000 $ $ 1,500,000 $ 1,730,025 $ (230,025) $ 1,194,372 $ 305,628 $ 1,476,117 $ 23,883 $ 947,690 $ 552,310 2026 $ $ 1,500,000 $ $ 1,500,000 $ - $ 1,500,000 $ 1,191,750 $ 308,250 $ 1,471,742 $ 28,258 $ 947,675 $ 552,325 2027 $ $ 1,500,000 $ $ 1,500,000 $ $ 1,500,000 $ - $1,500,000 $ 1,493,242 $ 6,758 $ 950,275 $ 549,725 2028 $ $ 1,500,000 $ $ 1,500,000 $ $ 1,500,000 $ $1,500,000 $ 1,135,452 $ 364,548 $ 950,922 $ 549,078 2029 $ $ 1,500,000 $ $ 1,500,000 $ $ 1,500,000 $ $1,500,000 $ - $ 1,500,000 $ 949,187 $ 550,813 2030 $ $ 1,500,000 $ $ 1,500,000 $ $ 1,500,000 $ $1,500,000 $ $ 1,500,000 $ 950,412 $ 549,588 2031 $ $ 1,500,000 $ $ 1,500,000 $ $ 1,500,000 $ $1,500,000 $ $ 1,500,000 $ 948,892 $ 551,108 Total Cost $ 14,127,526 $ 16,005,139 $ 16,122,980 $ 17,366,540 $ 17,713,034 .0 *All money in FY 12 will be put towards Route 47 and River Road Bridge Chart 3 FY 2012 2013 2014 2015 2016 2017 City property tax (non-library, estimate) $2,600,000 $2,639,000 $2,691,780 $2,745,616 $2,800,528 $2,856,538 Non-abatement property taxes $2,212,735 $730,000 $590,000 $460,000 $320,000 $250,000 Total $4,812,735 $3,369,000 $3,281,780 $3,205,616 $3,120,528 $3,106,538 Percentage change each year -30.0% -2.6% -2.3% -2.7% -0.4% $6,000,000 $5,000,000 $4,000,000 $3,000,000 ■Non-abatement property taxes $2,000,000 ■City property tax(non-library) $1,000,000 - it $0 2012 2013 2014 2015 2016 2017 c/Ty Reviewed By: Agenda Item Number ii J� a 0-0 Legal ❑ CA#1 II Finance ■ EST. , 1836 Engineer ❑ Tracking Number y City Administrator ❑ Public Works ❑ CC 2011-92 Kend'11 mly El<`E Agenda Item Summary Memo Title: Bill Payments - $835,139.84 Meeting and Date: City Council 08/23/11 Synopsis: Approval of bill payments. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Amy Simmons Finance Name Department Agenda Item Notes: DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511722 AA000003 DANIEL V. TRANSIER 073111 07/31/11 01 POLICE-JULY 6, JULY 20 & 01-210-54-00-5467 450.00 02 JULY 27 ADMIN HEARINGS ** COMMENT ** INVOICE TOTAL: 450.00 CHECK TOTAL: 450.00 511723 ACCURINT LEXISNEXIS RISK DATA MGMT. 1249304-20110731 07/31/11 01 POLICE-JULY SEARCHES 01-210-54-00-5462 50.00 INVOICE TOTAL: 50.00 CHECK TOTAL: 50.00 511724 ALFORDR RICHARD ALFORD, PH.D. 072811 07/28/11 01 POLICE-POST OFFER 01-210-54-00-5462 600.00 02 PSYCHOLOGICAL FITNESS FOR ** COMMENT ** 03 DUTY EVALUATIONS FOR 2 PEOPLE ** COMMENT ** INVOICE TOTAL: 600.00 CHECK TOTAL: 600.00 511725 ARAMARK ARAMARK UNIFORM SERVICES 610-7151488 08/02/11 01 STREETS-UNIFORMS 01-410-56-00-5600 31.27 02 WATER OP-UNIFORMS 51-510-56-00-5600 31.27 03 SEWER OP-UNIFORMS 52-520-56-00-5600 31.27 INVOICE TOTAL: 93.81 CHECK TOTAL: 93.81 511726 ATT AT&T 6305533436-0711 07/25/11 01 POLICE MONTHLY CHARGES 01-210-54-00-5440 41.13 INVOICE TOTAL: 41.13 -1- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511726 ATT AT&T 6305536805-0711 07/25/11 01 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 88.04 INVOICE TOTAL: 88.04 CHECK TOTAL: 129.17 511727 ATTLONG AT&T LONG DISTANCE 82893213-0 08/01/11 01 ADMIN-JULY LONG DISTANCE 01-110-54-00-5440 0.30 02 POLICE-JULY LONG DISTANCE 01-210-54-00-5440 46.35 03 WATER OP-JULY LONG DISTANCE 51-510-54-00-5440 33.27 INVOICE TOTAL: 79.92 CHECK TOTAL: 79.92 511728 AURBLA AURORA BLACKTOP 33501 08/01/11 01 MFT-PATCHING & SURFACING 15-155-56-00-5634 3,043.68 INVOICE TOTAL: 3,043.68 CHECK TOTAL_ 3,043.68 511729 B&FTECH B&F TECHNICAL CODE SERVICES 33426 07/26/11 01 COMM/DEV-ENERGY CODE PLAN 01-220-54-00-5459 581.45 02 REVIEW & SINGLE FAMILY HOME ** COMMENT ** 03 PLAN REVIEW FOR 4532 HARRISON ** COMMENT ** INVOICE TOTAL: 581.45 33427 07/26/11 01 COMM/DEV-ENERGY CODE PLAN 01-220-54-00-5459 561.95 02 REVIEW & SINGLE FAMILY PLAN ** COMMENT ** 03 REVIEW FOR 1648 SIENNA DR_ ** COMMENT ** INVOICE TOTAL: 561.95 33428 07/26/11 01 COMM/DEV-SINGLE FAMILY HOME 01-220-54-00-5459 250.00 DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511729 B&FTECH B&F TECHNICAL CODE SERVICES 33428 07/26/11 02 PLAN REVIEW FOR 4484 SARASOTA ** COMMENT ** 03 DR. ** COMMENT ** INVOICE TOTAL: 250.00 33429 07/26/11 01 COMM/DEV-ENERGY CODE PLAN 01-220-54-00-5459 792.75 02 REVIEW & SINGLE FAMILY HOME ** COMMENT ** 03 PLAN REVIEW FOR 2567 EMERALD ** COMMENT ** 04 LANE ** COMMENT ** INVOICE TOTAL: 792.75 CHECK TOTAL: 2,186.15 511730 BATTERYS BATTERY SERVICE CORPORATION 212996 07/28/11 01 POLICE-BATTERIES FOR MESSAGE 01-210-56-00-5640 575.70 02 BOARDS ** COMMENT ** INVOICE TOTAL: 575.70 CHECK TOTAL: 575.70 511731 BCBS BLUE CROSS BLUE SHIELD 080811 08/08/11 01 ADMIN SERVICES-SEPTEMBER 01-640-52-00-5216 85,187.30 02 HEALTH INSURANCE ** COMMENT ** 03 ADMIN SERVICES-SEPTEMBER 01-640-52-00-5223 7,582.99 04 DENTAL INSURANCE ** COMMENT ** INVOICE TOTAL: 92,770.29 CHECK TOTAL: 92,770.29 511732 BKFD BRISTOL KENDALL FIRE DEPART. 073111-DEV 08/05/11 01 TRUST & AGENCY-DEVELOPMENT 95-000-24-00-2452 11,200.00 02 FEES FOR MAY, JUNE AND ** COMMENT ** -3- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511732 BKFD BRISTOL KENDALL FIRE DEPART. 073111-DEV 08/05/11 03 JULY 2011 ** COMMENT ** INVOICE TOTAL: 11,200.00 CHECK TOTAL: 11,200.00 511733 BRENART BRENART EYE CLINIC, LLC 705819 08/01/11 01 POLICE-EYE EXAM 01-210-54-00-5462 40.00 INVOICE TOTAL: 40.00 CHECK TOTAL: 40.00 511734 CARGILL CARGILL, INC 3239804 08/03/11 01 WATER OP-BULK COARSE ROCK SALT 51-510-56-00-5638 2,888.00 INVOICE TOTAL: 2,888.00 3239805 08/03/11 01 WATER OP-FUEL CHARGE 51-510-56-00-5638 37.50 INVOICE TOTAL: 37.50 3239808 08/03/11 01 WATER OP-BULK COARSE ROCK 51-510-56-00-5638 2,614.10 INVOICE TOTAL: 2,614.10 3239809 08/03/11 01 WATER OP-FUEL CHARGE 51-510-56-00-5638 37.50 INVOICE TOTAL: 37.50 CHECK TOTAL: 5,577.10 511735 CENTRALL CENTRAL LIMESTONE COMPANY, INC 14406 07/31/11 01 WATER OP-GRAVEL 51-510-56-00-5620 148.56 INVOICE TOTAL: 148.56 CHECK TOTAL: 148.56 -4- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511736 CHIINTRK CHICAGO INTERNATIONAL TRUCKS 1700414 08/11/11 01 SEWER OP-TROUBLESHOOT ENGINE 52-520-54-00-5495 150.66 02 PROBLEMS ** COMMENT ** INVOICE TOTAL: 150.66 CHECK TOTAL: 150.66 511737 CLASLAND CLASSIC LANDSCAPE, LTD 73058 07/31/11 01 FOX HILL SSA-JULY LAWN 11-111-54-00-5495 613.64 02 MAINTENANCE ** COMMENT ** INVOICE TOTAL: 613.64 73060 07/31/11 01 SUNFLOWER SSA-JULY LAWN 12-112-54-00-5495 520.00 02 MAINTENANCE ** COMMENT ** INVOICE TOTAL: 520.00 CHECK TOTAL: 1,133.64 511738 COMCAST COMCAST CABLE 072611-PD 07/26/11 01 POLICE-MONTHLY CABLE TV 01-210-56-00-5620 4.17 INVOICE TOTAL: 4.17 CHECK TOTAL: 4.17 511739 COMED COMMONWEALTH EDISON 0185079109-0711 08/01/11 01 WATER OP-420 FAIRHAVEN 51-510-54-00-5480 122.05 INVOICE TOTAL: 122.05 0435113116-0711 08/04/11 01 STREETS-LIGHTS 01-410-54-00-5480 69.81 INVOICE TOTAL: 69.81 0903040077-0711 07/29/11 01 STREETS-LIGHTS 01-410-54-00-5480 2,442.07 INVOICE TOTAL: 2,442.07 -5- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511739 COMED COMMONWEALTH EDISON 0908014004-0711 08/03/11 01 WATER OP-WELLS 51-510-54-00-5480 77.75 INVOICE TOTAL: 77.75 * 0966038077-0711 08/01/11 01 STREETS-456 KENNEDY RD 01-410-54-00-5480 36.29 INVOICE TOTAL: 36.29 * 1183088101-0711 07/28/11 01 SEWER OP-1107 PRAIRIE CROSSING 52-520-54-00-5480 90.21 INVOICE TOTAL: 90.21 * 1407125045-0711 08/04/11 01 SEWER OP-FOXHILL 7 LIFT 52-520-54-00-5480 66.91 INVOICE TOTAL: 66.91 * 2019099044-0711 08/05/11 01 WATER OP-WELLS 51-510-54-00-5480 42.67 INVOICE TOTAL: 42.67 * 2668047007-0711 07/28/11 01 SEWER OP-1908 RAINTREE RD 52-520-54-00-5480 142.70 INVOICE TOTAL: 142.70 * 2961017043-0711 08/01/11 01 SEWER OP-LIFT STATION 52-520-54-00-5480 102.00 INVOICE TOTAL: 102.00 * 4085080033-0711 08/02/11 01 WATER OP-1991 CANNONBALL TRAIL 51-510-54-00-5480 129.07 INVOICE TOTAL: 129.07 4449087016-0711 08/05/11 01 SEWER OP-LIFT STATIONS 52-520°54-00-5480 809.08 INVOICE TOTAL: 809.08 4475093053-0711 08/02/11 01 WATER OP-610 TOWER LANE 51-510-54-00-5480 158.57 INVOICE TOTAL: 158.57 CHECK TOTAL: 4,289.18 511740 CORLAND CORPORATION FOR OPEN LANDS 8-8-11 08/08/11 01 LAND CASH-LEASE-DONATION 72-720-60-00-6032 11,000.00 -6- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511740 CORLAND CORPORATION FOR OPEN LANDS 8-8-11 08/08/11 02 AGREEMENT FEE EXTENSION FOR ** COMMENT ** 03 07/01/2011 - 07/01/2012 ** COMMENT ** INVOICE TOTAL: 11,000.00 CHECK TOTAL: 11,000.00 511741 DEPO DEPO COURT REPORTING SVC, INC 15042 07/27/11 01 COMM/DEV-PUBLIC HEARING FOR 01-220-54-00-5466 310.90 02 RAGING WAVES ** COMMENT ** INVOICE TOTAL: 310.90 * 15043 07/27/11 01 COMM/DEV-PUBLIC HEARING FOR 01-220-54-00-5462 562.10 02 BUILDING CODE UPDATE ** COMMENT ** INVOICE TOTAL: 562.10 * 15050 07/27/11 01 POLICE-JULY 20 ADMIN HEARING 01-210-54-00-5467 175.00 INVOICE TOTAL: 175.00 * CHECK TOTAL: 1,048.00 511742 EROTEX ERO-TEX INV67180 08/02/11 01 LAND CASH-WIRE STAPLES, 72-720-60-00-6036 795.00 02 EROSION BLANKET ** COMMENT ** INVOICE TOTAL: 795.00 CHECK TOTAL: 795.00 511743 FARREN FARREN HEATING & COOLING 7286 07/25/11 01 STREETS-BEECHER CENTER AC 01-410-56-00-5656 1,095.93 02 REPAIR ** COMMENT ** INVOICE TOTAL: 1,095.93 CHECK TOTAL: 1,095.93 -7- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511744 FLATSOS RAQUEL HERRERA 080911 08/09/11 01 STREETS-TIRES 01-410-54-00-5495 320.00 INVOICE TOTAL: 320.00 CHECK TOTAL: 320.00 511745 FOXRIDGE FOX RIDGE STONE 2287 08/01/11 01 WATER OP-PEA GRAVEL 51-510-56-00-5620 361.69 INVOICE TOTAL: 361.69 CHECK TOTAL: 361.69 511746 GJOVIKCH GJOVIK CHEVROLET-BUICK-GMC 46242CVR 07/28/11 01 POLICE-2 KEYS 01-210-56-00-5620 84.08 INVOICE TOTAL: 84.08 46243CVR 07/28/11 01 POLICE-2 KEYS 01-210-56-00-5620 84.08 INVOICE TOTAL: 84.08 CHECK TOTAL: 168.16 511747 GRANTT THOMAS W. GRANT 081111 08/11/11 01 ADMIN-TEMPORARY SIGN FOR 01-000-42-00-4210 50.00 02 HERRON PROPERTY REFUND ** COMMENT ** INVOICE TOTAL: 50.00 CHECK TOTAL: 50.00 511748 HENNE VERNE HENNE CONSTR. & 28961 07/29/11 01 STREETS-REPAIR & REPLACE 01-410-56-00-5640 265.00 02 STREET LIGHT BULB ** COMMENT ** INVOICE TOTAL: 265.00 CHECK TOTAL: 265.00 -R- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511749 HILINE HI-LINE INC 10117893 07/27/11 01 STREETS-DRILL BIT, CABLE TIES 01-410-56-00-5620 280.37 INVOICE TOTAL: 280.37 CHECK TOTAL: 280.37 511750 HILLSIDE HILLSIDE POLICE DEPARTMENT 062811-MS2 06/28/11 01 POLICE-ANNUAL MEMBERSHIP DUES 01-210-54-00-5460 30.00 INVOICE TOTAL: 30.00 CHECK TOTAL: 30.00 511751 HOMERIND HOMER INDUSTRIES 540597 07/26/11 01 LAND CASH-MULCH 72-720-60-00-6036 1,710.00 INVOICE TOTAL: 1,710.00 CHECK TOTAL: 1,710.00 511752 ILLCO ILLCO, INC. 1212423 07/27/11 01 STREETS-BALL VALVES, BRASS 01-410-56-00-5656 278.65 02 NIPS, CLOSET REPAIR KIT ** COMMENT ** INVOICE TOTAL: 278.65 * 1212526 07/29/11 01 STREETS-BALL VALVE RETURNS 01-410-56-00-5656 -234.02 INVOICE TOTAL: -234.02 * CHECK TOTAL: 44.63 511753 ILLUMBER IL VALLEY URBAN LUMBERJACKS 11736 07/29/11 01 STREETS-TREE & STUMP REMOVAL 01-410-54-00-5458 2,275.00 INVOICE TOTAL: 2,275.00 CHECK TOTAL: 2,275.00 -9- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511754 ILPD4778 ILLINOIS STATE POLICE 080911 08/09/11 01 ADMIN-LIQUOR LICENSE 01-110-54-00-5462 34.25 02 BACKGROUND CHECK ** COMMENT ** INVOICE TOTAL: 34.25 CHECK TOTAL: 34.25 511755 ILPD4811 ILLINOIS STATE POLICE 080911-CITY 08/09/11 01 ADMIN-BACKGROUND CHECK 01-110-54-00-5462 68.50 02 POLICE-CADET BACKGROUND CHECK 01-210-54-00-5462 34.25 03 POLICE-BACKGROUND CHECKS 01-210-54-00-5411 68.50 INVOICE TOTAL: 171.25 CHECK TOTAL: 171.25 511756 INTEGRYS INTEGRYS ENERGY SERVICES, INC 17538534-1 07/06/11 01 WATER OP-WELLS 3 & 4 51-510-54-00-5480 4,608.91 INVOICE TOTAL: 4,608.91 17689254-1 08/02/11 01 WATER OP-2224 TREMONT STREET 51-510-54-00-5480 2,887.73 INVOICE TOTAL: 2,887.73 17705906-1 08/04/11 01 WATER OP-2921 BRISTOL RIDGE 51-510-54-00-5480 8,148.51 INVOICE TOTAL: 8,148.51 17714638-1 08/09/11 01 WATER OP-WELLS 3 & 4 51-510-54-00-5480 5,954.85 INVOICE TOTAL: 5,954.85 17718879-1 08109111 01 SEWER OP-WELLS 52-520-54-00-5480 111.33 INVOICE TOTAL: 111.33 CHECK TOTAL: 21,711.33 511757 IPRF ILLINOIS PUBLIC RISK FUND -in- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511757 IPRF ILLINOIS PUBLIC RISK FUND 3274 08/01/11 01 ADMIN SERVICES-SEPTEMBER 01-640-52-00-5231 10,470.00 02 WORKERS COMPENSATION FEES ** COMMENT ** INVOICE TOTAL: 10,470.00 CHECK TOTAL: 10,470.00 511758 JOHNSCRE JOHNSON'S SCREEN PRINTING 11-19870 08/01/11 01 STREETS-T-SHIRTS 01-410-56-00-5600 165.18 02 WATER OP-T-SHIRTS 51-510-56-00-5600 165.16 03 SEWER OP-T-SHIRTS 52-520-56-00-5600 165.16 INVOICE TOTAL: 495.50 CHECK TOTAL: 495.50 511759 KCRECORD KENDALL COUNTY RECORD 073111-87 07/31/11 01 ADMIN-LEGAL NOTICE ON 01-110-54-00-5426 10.00 02 PREVAILING WAGE ** COMMENT ** 03 DEVELOPER ESCROW-LEGAL NOTICE 90-031-31-00-0011 48.40 04 ON HERRON PROPERTY ** COMMENT ** 05 COMM/DEV-LEGAL NOTICE ON 01-220-54-00-5466 77.60 06 OKEEFE PROPERTY ** COMMENT ** 07 COMM/DEV-DISPLAY AD FOR CODE 01-220-54-00-5426 63.60 08 ENFORCEMENT INTERN ** COMMENT ** 09 POLICE-LEGAL NOTICE FOR 01-210-54-00-5426 11.20 10 REVISED POLICE & FIRE RULES ** COMMENT ** INVOICE TOTAL: 210.80 CHECK TOTAL: 210.80 511760 KCSPOLYM KCSO 081111 08/11/11 01 ADMIN-REFUND TEMPORARY SIGN 01-000-42-00-4210 150.00 _11_ DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511760 KCSPOLYM KCSO 081111 08/11/11 02 FEE FOR SPECIAL OLYMPICS ** COMMENT ** INVOICE TOTAL: 150.00 CHECK TOTAL: 150.00 511761 KENPRINT ANNETTE M. POWELL 18494 08/08/11 01 FINANCE-1,000 PAYROLL CHECKS 01-120-56-00-5610 136.45 INVOICE TOTAL: 136.45 CHECK TOTAL: 136.45 511762 KONICAMI KONICA MINOLTA BUSINESS 218515497 07/30/11 01 POLICE-COPIER CHARGES 01-210-54-00-5430 19.38 INVOICE TOTAL: 19.38 218515543 07/30/11 01 POLICE-COPIER CHARGES 01-210-54-00-5430 57.04 INVOICE TOTAL: 57.04 CHECK TOTAL: 76.42 511763 LEJAN NICOLE LEJA 080911 08/09/11 01 POLICE-2 PAIRS OF PANTS 01-210-56-00-5600 47.85 INVOICE TOTAL: 47.85 CHECK TOTAL: 47.85 511764 LEYENDEK KRISTIA R.M. LEYENDECKER 080911 08/09/11 01 ADMIN-AUGUST 4 PUBLIC SAFETY, 01-110-54-00-5462 142.19 02 JULY 19 PW, JULY 20 HRC ** COMMENT ** 03 MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 142.19 CHECK TOTAL: 142.19 -12- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511765 LIONHRT LION HEART ENGINEERING 2029645 08/09/11 01 SEWER OP-AUTOMATIC TRANSFER 52-520-56-00-5613 1,947.14 02 SWITCH ** COMMENT ** INVOICE TOTAL: 1,947.14 CHECK TOTAL: 1,947.14 511766 MARINEBI ARCH CHEMICALS, INC 51631297 07/28/11 01 SUNFLOWER SSA-JULY ALGAE 12-112-54-00-5495 789.00 02 TREATMENT ** COMMENT ** INVOICE TOTAL: 789.00 CHECK TOTAL: 789.00 511767 MCKIRGN RANDY MCKIRGAN 70942 07/21/11 01 STREETS-BIO-DIESEL FUEL 01-410-56-00-5695 1,007.44 02 WATER OP-BIO-DIESEL FUEL 51-510-56-00-5695 1,007.44 03 SEWER OP-BIO-DIESEL FUEL 52-520-56-00-5695 1,007.44 INVOICE TOTAL: 3,022.32 CHECK TOTAL: 3,022.32 511768 MEADE MEADE ELECTRIC COMPANY, INC. 651398 07/21/11 01 STREETS-TRAFFIC SIGNAL REPAIR 01-410-56-00 5640 223.46 02 AT RT 47 & KENNEDY ** COMMENT ** INVOICE TOTAL: 223.46 CHECK TOTAL: 223.46 511769 MENLAND MENARDS - YORKVILLE 2899 07/19/11 01 STREETS-COAX 01-410-56-00-5656 2.27 INVOICE TOTAL: 2.27 -13- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511769 MENLAND MENARDS - YORKVILLE 4435 07/25/11 01 LAND CASH-HITCH RINGS, LOCK 72-720-60-00-6036 30.97 02 BOLT ** COMMENT ** INVOICE TOTAL: 30.97 4886 07/27/11 01 WATER OP-HAND SANITIZER, WAND 51-510-56-00-5620 12.89 INVOICE TOTAL: 12.89 5549 07/29/11 01 LAND CASH-CDX 72-720-60-00-6036 34.78 INVOICE TOTAL: 34.78 6525 08/02/11 01 LAND CASH-5M STARTER 72-720-60-00-6036 224.85 INVOICE TOTAL: 224.85 6530 08/02/11 01 STREETS-BOLTS 01-410-56-00-5620 2.82 INVOICE TOTAL: 2.82 6788 08/03/11 01 STREETS-SAND 01-410-56-00-5640 75.40 INVOICE TOTAL: 75.40 6793 08/03/11 01 STREETS-SAND 01-410-56-00-5640 75.40 INVOICE TOTAL: 75.40 CHECK TOTAL: 459.38 511770 METIND METROPOLITAN INDUSTRIES, INC. 0000248516 07/28/11 01 SEWER OP-BREAK AWAY FLANGE 52-520-56-00-5613 225.96 INVOICE TOTAL: 225.96 CHECK TOTAL: 225.96 511771 MIDAM MID AMERICAN WATER 68307A 07/20/11 01 WATER OP-8" VALMATIC 508A 51-510-56-00-5664 1,636.00 -14- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511771 MIDAM MID AMERICAN WATER 68307A 07/20/11 02 FLANGED ** COMMENT ** INVOICE TOTAL: 1,636.00 CHECK TOTAL: 1,636.00 511772 MJELECT MJ ELECTRICAL SUPPLY, INC. 105035-00 07/25/11 01 STREETS-PRODUCT RETURN CREDIT 01-410-56-00-5656 -59.50 INVOICE TOTAL: -59.50 * 1123374-00 07/25/11 01 STREETS-BULBS, PHOTO CONTROL 01-410-56-00-5640 88.00 INVOICE TOTAL: 88.00 * 1123374-01 07/25/11 01 STREETS-BULB 01-410-56-00-5640 159.20 INVOICE TOTAL: 159.20 * 1123374-02 07/25/11 01 STREETS-PHOTO CONTROL 01-410-56-00-5640 100.00 INVOICE TOTAL: 100.00 * 1123375-00 07/25/11 01 STREETS-BULBS, BALLAST KIT, 01-410-56-00-5640 210.00 02 FUSE ** COMMENT ** INVOICE TOTAL: 210.00 * 1123375-01 08/01/11 01 STREETS-FUSES 01-410-56-00-5640 370.00 INVOICE TOTAL: 370.00 CHECK TOTAL: 867.70 511773 NICOR NICOR GAS 00-41-22-8748 4-711A 08/08/11 01 ADMIN-1107 PRAIRIE LANE 01-110-54-00-5480 34.02 INVOICE TOTAL: 34.02 * 15-41-50-1000 6-711A 08/08/11 01 ADMIN-804 GAME FARM RD 01-110-54-00-5480 123.66 INVOICE TOTAL: 123.66 * -15- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511773 NICOR NICOR GAS 15-64-61-3532 5-711A 08/08/11 01 ADMIN-1991 CANNONBALL TRAIL 01-110-54-00-5480 33.21 INVOICE TOTAL: 33.21 * 23-45-91-4862 5-071A 08/03/11 01 ADMIN-101 BRUELL STREET 01-110-54-00-5480 81.83 INVOICE TOTAL: 81.83 * 31-61-67-2493 1-711A 08/08/11 01 ADMIN-276 WINDHAM CIRCLE 01-110-54-00-5480 31.54 INVOICE TOTAL: 31.54 * 46-69-47-6727 1-711A 08/08/11 01 ADMIN-1975 BRIDGE STREET 01-110-54-00-5480 111.09 INVOICE TOTAL: 111.09 49-25-61-1000 5-0711 08/02/11 01 ADMIN-1 VAN EMMON RD 01-110-54-00-5480 34.68 INVOICE TOTAL: 34.68 66-70-44-6942 9-711A 08/08/11 01 ADMIN-100 RAINTREE RD 01-110-54-00-5480 89.10 INVOICE TOTAL: 89.10 77-35-71-1000 4-711A 08/08/11 01 ADMIN-131 E. HYDRAULIC 01-110-54-00-5480 15.57 INVOICE TOTAL: 15.57 CHECK TOTAL: 554.70 511774 OMALLEY O'MALLEY WELDING & FABRICATING 14514 07/21/11 01 LAND CASH-ALUMINUM DIAMOND 72-720-60-00-6036 65.50 02 PLATE ** COMMENT ** INVOICE TOTAL: 65.50 CHECK TOTAL: 65.50 511775 ORRK KATHLEEN FIELD ORR & ASSOC. 13509 08/12/11 01 ADMIN SERVICES-KENCOM MATTERS 01-640-54-00-5461 231.25 -16- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511775 ORRK KATHLEEN FIELD ORR & ASSOC. 13509 08/12/11 02 ADMIN SERVICES-MISCELLANEOUS 01-640-54-00-5456 8,658.00 03 LEGAL MATTERS ** COMMENT ** 04 DEVELOPER ESCROW-GRANDE 90-030-30-00-0011 823.25 05 RESERVE LEGAL MATTERS ** COMMENT ** 06 ADMIN SERVICES-KENDALL MARKET 01-640-54-00-5456 231.25 07 PLACE MATTERS ** COMMENT ** 08 ADMIN SERVICES-MEETINGS 01-640-54-00-5456 1,000.00 09 FOX INDUSTRIAL TIF-LEGAL 85-850-54-00-5420 906.50 10 MATTERS ** COMMENT ** 11 DOWNTOWN TIF-LEGAL MATTERS 88-880-54-00-5420 555.00 INVOICE TOTAL: 12,405.25 13510 08/03/11 01 ADMIN SERVICES-KENCOM MATTERS 01-640-54-00-5461 2,479.00 INVOICE TOTAL: 2,479.00 CHECK TOTAL: 14,884.25 511776 PARADISE PARADISE CAR WASH 222166 08/03/11 01 POLICE-JULY CAR WASHES 01-210-54-00-5495 71.00 INVOICE TOTAL: 71.00 CHECK TOTAL: 71.00 511777 QUILL QUILL CORPORATION 5681311 07/26/11 01 ADMIN-BINDER CLIPS 01-110-56-00-5610 10.68 INVOICE TOTAL: 10.68 5694554 07/26/11 01 ADMIN-FILE FOLDERS 01-110-56-00-5610 12.14 INVOICE TOTAL: 12.14 CHECK TOTAL: 22.82 511778 R0000594 BRIAN BETZWISER -17- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511778 R0000594 BRIAN BETZWISER 090111 08/01/11 01 PW CAPITAL-INTEREST PYMT #34 21-211-92-00-8050 4,522.10 02 FOR 185 WOLF STREET ** COMMENT ** 03 PW CAPITAL-PRINCIPLE PYMT # 34 21-211-92-00-8000 2,335.82 04 FOR 185 WOLF STREET ** COMMENT ** INVOICE TOTAL: 6,857.92 CHECK TOTAL: 6,857.92 511779 R0000917 RWJ MANAGEMENT CO. , INC. 80211 08/02/11 01 ADMIN-REFUND REMAINING 01-000-24-00-2410 1,000.00 02 ENGINEERING DEPOSIT ** COMMENT ** INVOICE TOTAL: 1, 000.00 CHECK TOTAL: 1, 000.00 511780 R0000944 TRACY T. FOY 072711 07/27/11 01 ADMIN-REFUND OF IMPOUND FEE 01-000-43-00-4325 500.00 INVOICE TOTAL: 500.00 CHECK TOTAL: 500.00 511781 R0000947 FRED OSBORNE 080211 08/02/11 01 STREETS-REIMBURSEMENT FOR 01-410-60-00-6041 673.92 02 SIDEWALK REPLACEMENT PROGRAM ** COMMENT ** INVOICE TOTAL: 673.92 CHECK TOTAL: 673.92 511782 RIVRVIEW RIVERVIEW FORD 103507 07/27/11 01 STREETS-BRAKES, ROTORS 01-410-54-00-5495 273.26 INVOICE TOTAL: 273.26 CHECK TOTAL: 273.26 -1R- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------- ----------------------------------------------- 511783 RUSITYORK RUSH-COPLEY HEALTHCARE 4398 08/02/11 01 POLICE-DRUG SCREENING 01-210-54-00-5462 145.00 INVOICE TOTAL: 145.00 CHECK TOTAL: 145.00 511784 SERVMASC SERVICEMASTER COMM. CLEANING 152839 07/15/11 01 ADMIN-MONTHLY CITY OFFICE 01-110-54-00-5488 1,196.00 02 JANITORIAL SERVICE ** COMMENT ** INVOICE TOTAL: 1,196.00 CHECK TOTAL: 1,196.00 511785 SFBCT SWFVCTC 080311 08/03/11 01 ADMIN SERVICES-1ST QUARTER 01-640-54-00-5475 19,039.02 02 2011 FRANCHISE DUES ** COMMENT ** INVOICE TOTAL: 19,039.02 CHECK TOTAL: 19,039.02 511786 SHREDIT SHRED-IT 021436881 07/27/11 01 ADMIN-SHREDDING 01-110-54-00-5462 90.95 INVOICE TOTAL: 90.95 CHECK TOTAL: 90.95 511787 SIRCHIE SIRCHIE ACQUISITION COMPANY 0045746-IN 07/28/11 01 POLICE-NARCOTIC TEST KITS 01-210-56-00-5620 89.97 INVOICE TOTAL: 89.97 CHECK TOTAL: 89.97 _gyp_ DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511788 STEVENS STEVEN'S SILKSCREENING 2892 08/02/11 01 POLICE-GARMENT EMBROIDERY 01-210-56-00-5600 48.00 INVOICE TOTAL: 48.00 CHECK TOTAL: 48.00 511789 SUNTIMES STM SUBURBAN PUBLICATIONS 100157118 07/31/11 01 COMM/DEV-LEGAL AD 01-220-54-00-5466 457.90 INVOICE TOTAL: 457.90 CHECK TOTAL: 457.90 511790 THEKENCO THE KENNETH COMPANY RAINTREE PK - AP 2 07/29/11 01 LAND CASH-RAINTREE PARK 72-720-60-00-6036 35,787.29 02 CONSTRUCTION ** COMMENT ** INVOICE TOTAL: 35,787.29 CHECK TOTAL: 35,787.29 511791 TRAFFIC TRAFFIC CONTROL CORPORATION 0000049742 07/28/11 01 STREETS-GREEN LED 01-410-56-00-5640 258.00 INVOICE TOTAL: 258.00 CHECK TOTAL: 258.00 511792 TRCONTPR TRAFFIC CONTROL & PROTECTION 70108 07/28/11 01 MFT-STREET SIGNS 15-155-56-00-5619 1,158.90 INVOICE TOTAL: 1,158.90 70109 07/26/11 01 MFT-STREET SIGN 15-155-56-00-5619 40.95 INVOICE TOTAL: 40.95 CHECK TOTAL: 1,199.85 -20- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001_WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511793 TRCONTPR TRAFFIC CONTROL & PROTECTION 70195 08/04/11 01 STREETS-BRIDGE OUT SIGN 01-410-56-00-5640 268.80 INVOICE TOTAL: 268.80 CHECK TOTAL: 268.80 511794 TUFFY KRIBBS AUTOMOTIVE, INC 24365 08/02/11 01 POLICE-OIL CHANGE 01-210-54-00-5495 20.76 INVOICE TOTAL: 20.76 CHECK TOTAL: 20.76 511795 UPS UNITED PARCEL SERVICE 00004296X2311 07/30/11 01 ADMIN-1 PKG. TO KFO 01-110-54-00-5452 13.15 02 WATER OP-1 PKG. TO SPARLING 51-510-54-00-5452 38.22 03 INSTRUMENTS LLC. ** COMMENT ** INVOICE TOTAL: 51.37 00004296X2321 08/06/11 01 ADMIN-1 PKG. TO KFO 01-110-54-00-5452 18.84 02 POLICE-1 PKG. TO M. SHEPPARD 01-210-54-00-5452 9.31 03 WATER OP-2 PKG. TO ILEPA LABS, 51-510-54-00-5452 107.16 04 2 PKGS. TO ARRO LABS ** COMMENT ** INVOICE TOTAL: 135.31 CHECK TOTAL: 186.68 511796 VEOLIA VEOLIA ES SOLID WASTE MIDWEST T00000685078 07/25/11 01 HEALTH & SANITATION-JULY 01-540-54-00-5442 100,233.00 02 GARBAGE SERVICE ** COMMENT ** INVOICE TOTAL: 100,233.00 CHECK TOTAL: 100,233.00 -21- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511797 WAREHOUS WAREHOUSE DIRECT 1215081-0 07/28/11 01 ADMIN-BATTERY 01-110-56-00-5610 10.50 INVOICE TOTAL: 10.50 CHECK TOTAL: 10.50 511798 WATERSYS WATER SOLUTIONS UNLIMITED, INC 30298 07/18/11 01 WATER OP-PHOSPHATE 51-510-56-00-5638 1,035.00 INVOICE TOTAL: 1,035.00 CHECK TOTAL: 1,035.00 511799 WHOLTIRE WHOLESALE TIRE 138476 08/08/11 01 POLICE-TIRE REPAIR 01-210-54-00-5495 15.00 INVOICE TOTAL: 15.00 CHECK TOTAL: 15.00 511800 WTRPRD WATER PRODUCTS, INC. 0227437 07/26/11 01 WATER OP-ITRON BLUE SIM 51-510-56-00-5664 300.00 02 REPLACEMENT ** COMMENT ** INVOICE TOTAL: 300.00 CHECK TOTAL: 300.00 511801 YBSD YORKVILLE BRISTOL 080311 08/03/11 01 TRUST & AGENCY-JULY FEES 95-000-78-00-9008 206,238.64 INVOICE TOTAL: 206,238.64 CHECK TOTAL: 206,238.64 511802 YORKACE YORKVILLE ACE & RADIO SHACK -22- DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------- 511802 YORKACE YORKVILLE ACE & RADIO SHACK 139398 07/28/11 01 POLICE-BATTERIES 01-210-56-00-5620 11.99 INVOICE TOTAL: 11.99 * 139400 07/28/11 01 POLICE-PADLOCK 01-210-56-00-5620 21.99 INVOICE TOTAL: 21.99 * 139484 08/03/11 01 SEWER OP-SCREW, WASHER 52-520-56-00-5640 0.54 INVOICE TOTAL: 0.54 CHECK TOTAL: 34.52 511803 YORKCLER YORKVILLE CLERK'S ACCOUNT 147596 08/10/11 01 WATER OP-FILING WATER LIENS 51-510-54-00-5462 296.00 02 WATER OP-RELEASE WATER LIENS 51-510-54-00-5462 392.00 03 PW CAPITAL-FILING MOWING LIENS 21-211-54-00-5462 98.00 04 PW CAPITAL-RELEASE WATER LIENS 21-211-54-00-5462 196.00 INVOICE TOTAL: 982.00 CHECK TOTAL: 982.00 511804 YORKNAPA YORKVILLE NAPA AUTO PARTS 968749 07/06/11 01 SEWER OP-OIL FILTER 52-520-54-00-5495 10.22 INVOICE TOTAL: 10.22 969263 07/13/11 01 WATER OP-FUEL FILTER 51-510-54-00-5495 4.82 INVOICE TOTAL: 4.82 969264 07/13/11 01 WATER OP-AIR FILTER 51-510-54-00-5495 14.80 INVOICE TOTAL: 14.80 969426 07/14/11 01 WATER OP-FUEL FILTER 51-510-54-00-5495 3.49 INVOICE TOTAL: 3.49 DATE: 08/16/11 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 14:41:29 PRE-CHECK RUN EDIT ID: AP211001.WOW INVOICES DUE ON/BEFORE 08/23/2011 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511804 YORKNAPA YORKVILLE NAPA AUTO PARTS 969530 07/15/11 01 SEWER OP-OIL FILTER 52-520-54-00-5495 2.63 INVOICE TOTAL: 2.63 * 970871 07/28/11 01 SEWER OP-OIL 52-520-54-00-5495 6.63 INVOICE TOTAL: 6.63 * 970872 07/28/11 01 SEWER OP-AIR FILTERS 52-520-54-00-5495 72.81 INVOICE TOTAL: 72.81 * 970877 07/28/11 01 WATER OP-FITTING 51-510-54-00-5495 4.92 INVOICE TOTAL: 4.92 * 971039 07/29/11 01 WATER OP-AIR FILTER, OIL 51-510-54-00-5495 30.36 02 FILTER ** COMMENT ** INVOICE TOTAL: 30.36 * 971041 07/29/11 01 WATER OP-V-BELT 51-510-54-00-5495 9.36 INVOICE TOTAL: 9.38 * CHECK TOTAL: 160.06 511805 YORKSCHO YORKVILLE SCHOOL DIST #115 073111-LC 08/05/11 01 TRUST & AGENCY-LAND CASH FOR 95-000-24-00-2453 5,307.60 02 MAY, JUNE & JULY 2011 ** COMMENT ** INVOICE TOTAL: 5,307.60 CHECK TOTAL: 5,307.60 511806 YOUNGM MARLYS J. YOUNG 071311 08/02/11 01 ADMIN-JULY 13 PLAN COMMISSION 01-110-54-00-5462 44.13 02 MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 44.13 CHECK TOTAL: 44.13 TOTAL AMOUNT PAID: 582,834.85 -24- DATE: 08/10/11 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 12:40:45 CHECK REGISTER PRG ID: AP215000.CBL CHECK DATE: 08/10/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 511720 YORKPOST YORKVILLE POSTMASTER 081011 08/10/11 01 WATER OP-POSTAGE FOR PENALTY 51-510-54-00-5452 345.87 02 BILLS ** COMMENT ** INVOICE TOTAL: 345.87 CHECK TOTAL: 345.87 TOTAL AMOUNT PAID: 345.87 _95- UNITED CITY OF YORKVILLE PAYROLL SUMMARY 8/13/2011 REGULAR OVERTIME TOTAL IMRF FICA TOTALS ADMINISTRATION 9,049.75 119.25 9,169.00 871.98 652.45 10,693.43 FINANCE 6,406.13 0.00 6,406.13 609.22 481.24 7,496.59 POLICE 69,457.24 3,931.96 73,389.20 429.84 5,395.16 79,214.20 COMMUNITY DEV. 4,304.80 0.00 4,304.80 409.38 318.23 5,032.41 STREETS 9,688.26 71.23 9,759.49 928.12 724.32 11,411.93 WATER 12,490.95 22.41 12,513.36 1,190.03 916.87 14,620.26 SEWER 7,129.17 48.96 7,178.13 682.63 527.56 8,388.32 PARKS 16,580.93 0.00 16,580.93 1,393.15 1,235.92 19,210.00 RECREATION 8,171.53 0.00 8,171.53 752.35 593.48 9,517.36 REC. CENTER 6,001.26 0.00 6,001.26 203.58 459.24 6,664.08 LIBRARY 17,019.26 0.00 17,019.26 889.50 1,274.21 19,182.97 TOTALS 166,299.28 4,193.81 1 170,493.09 1 8,359.78 12,578.68 191,431.55 TOTAL PAYROLL 8/13/2011 191 ,431.55 TOTAL DISBURSEMENTS 191,431.55 -26- UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 7/30/11 PAID ON 8/19/11 REGULAR IMRF FICA TOTALS MAYOR & LIQUOR COM. 908.34 0.00 69.49 977.83 CLERK 741.67 22.98 40.19 804.84 TREASURER 500.00 47.55 38.25 585.80 ALDERMAN 4,000.00 380.40 253.35 4,633.75 TOTALS 6,150.01 450.93 401.28 7,002.22 TOTAL PAYROLL 4/15/2011 7,002.22 TOTAL DISBURSEMENTS 7,002.22 -27- UNITED CITY OF YORKVILLE SUMMARY SHEET 8/23/2011 TOTAL PAYROLL 8/19/2011 $191,431.55 TOTAL ELECTED OFFICIALS PAYROLL 8/19/2011 $7,002.22 TOTAL MFT INVOICES 7/26/2011 $4,243.53 TOTAL INVOICES FY 12 7/26/2011 $578,937.19 IEPA WIRE TRANSFER-1-17-1153-24/PRINCIPAL 8/30/2011 $42,883.28 IEPA WIRE TRANSFER-1-17-1153-24/ INTEREST 8/3012011 $10,642.07 TOTAL DISBURSEMENTS $835,139.84 -28- C/T y Reviewed By: J= A 0 Legal Agenda Item Number Finance CA#2 EST. 1Z 1836 Engineer ❑ City Administrator 0 CiVI ` Human Resources ❑ Tracking Number °°°lfg �0 Community Development ❑ C °°"ty Police ❑ EDC 2011-30 LE ��'� Public Works ❑ Agenda Item Summary Memo Title: Ordinance establishing licensing requirements for taxicabs Meeting and Date: City Council—August 23, 2011 Synopsis: New regulations and rules for operating a taxicab in city limits. Council Action Previously Taken: Date of Action: July 2011 Action Taken: Econ. Dev. Com. recommends approval Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: The memo to the Economic Development Committee is also attached. Ordinance No. 2011- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, ESTABLISHING LICENSING REQUIREMENTS FOR TAXICAB COMPANIES, TAXICABS AND TAXICAB DRIVERS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City pursuant to Section 11-42-6 of the Illinois Municipal Code (65 ILCS 5/11-42-6) may license, and regulate taxicabs and drivers; and WHEREAS, the City pursuant to that authority hereby adopts this ordinance to license and regulate the business of operating a taxicab business, license taxicab vehicles and issue cab driver permits. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Chapter 12 in Title 3 be and is hereby added to Yorkville City Code to read as follows: "CHAPTER 12 TAXICABS 3-12-1: DEFINITIONS The following definitions shall apply unless the context clearly indicates a different meaning: Drive means to move or be in physical control of a taxicab. Livery vehicle means any public passenger vehicle transporting passengers for hire, as a result of individual contract, on a trip or hourly basis fixed in advance, exclusive of such a vehicle providing public transportation service funded in whole or in part by another local governmental unit. Operate (unless a contrary meaning clearly appears from the context in which it is used) means any activity in the conduct of business of rendering service under the authority of this Chapter, including the ownership of the operating taxicab business license, but does not mean the driving or moving of the taxicab. Person means a natural person, a partnership, a corporation, an association or other group of individuals acting together for a common purpose, and, together with associated 1 pronouns, shall include the male or female gender, the singular or the plural, all as the context in which they are used requires. Public passenger vehicle means a taxicab or livery vehicle used for transportation of passengers for hire. Rule means a rule promulgated by the chief of police or his designee appointed to carry out the duties assigned by this Chapter, and, from time to time, those duties which may be assigned by the City Administrator. Taxicab means any motor-propelled vehicle equipped with a taximeter and operated for transportation of passengers for hire, available indiscriminately to all persons as may offer themselves for transportation. Taxicab zone means any place on City property where taxicabs are placed on display and presented for hire to prospective customers, accepting such persons as may offer themselves for transportation. Taximeter means any mechanical, electric or electronic device installed in a taxicab, which calculates and indicates the fares, measures and distance traveled and time elapsed, and indicates other charges which may be due. 3-12-2: INTENT AND PURPOSE (a) This Chapter is adopted for the following purposes: (1) To encourage the best possible taxicab service under a competitive system with regulation only to the extent necessary to protect the safety and welfare of the citizens. (2) To assure that any and all legitimate, locally based taxicab businesses are allowed to operate as many vehicles as are economically feasible by placing no limit on the number of vehicles operated by each business. (3) To assure that taxicabs licensed by the City are clean, comfortable and safe. (4) To assure that taxicab operations are reputable, capable and safe. (5) To assure that only bona fide taxicabs licensed by the City are permitted to offer their services on the streets, at taxicab zones, at residences, and at places of business in the City. (b) In order to accomplish the purposes listed above, this Chapter prescribes licensing procedures for the operation of taxicabs in the City. This includes a business license, a local City license for each taxicab, and a local City operator's license for each driver. The intent of these regulations is to protect consumer interests by periodically inspecting vehicles to maintain mechanical dependability and setting minimum requirements for competent operators. 2 3-12-3: BUSINESS LICENSE FOR OPERATION TAXICAB COMPANY Exclusive permission and authority to provide taxicab service in the City is granted to operating taxicab business licensees authorized under the authority granted by this chapter. (a) Term and Fee. Each operating taxicab business license shall be issued as of January 1 and shall expire on December 31 of the next year, unless sooner suspended or revoked in accordance with this chapter. The fee shall be $50.00. (b) Application. Application for an operating taxicab business license may be filed by any qualified applicant at any time in compliance with this Chapter and Chapter 1 of this Title. The application for each operating taxicab license shall be in writing, signed by the applicant if a natural person, signed by the president or vice-president if the applicant is a corporation, and signed by the partner if the applicant is a partnership; and the information in the application shall be verified on the oath of the person signing. A valid application shall contain all of the following information: (1) The name, business address, and business telephone number of the applicant; (2) The number and types of vehicles to be used to provide taxicab service under the auspices of the operating taxicab business license; (3) The trade name and trademark under which the applicant will provide service and the color scheme to be used on the vehicles; (4) The hours of operation, and rates for service; (5) Certification of public liability coverage insurance in accordance with this Chapter; (6) Certification of an ability to meet service standards required by this Chapter or by rule; and (7) Other information as may be required by rule. (c) Qualifications. (1) If an applicant for an operating taxicab business license is a natural person, he shall be a resident of the state, and be not less than 18 years of age; (2) If an applicant for an operating taxicab business license is a corporation, it shall be a domestic corporation or a foreign corporation qualified and licensed to transact business in the state; (3) If an applicant for an operating taxicab business license is a partnership or other voluntary or nonprofit organization, it shall be registered as such under applicable statutes, and have principals or partners, each of whom shall possess 3 the same qualifications as are required of applicants who are natural persons; (4) An applicant must show an ability to provide the level of service required in this Chapter and rules promulgated under this Chapter; and (5) An applicant must show a certificate from the secretary of state showing compliance by the applicant for each taxicab with the provisions of the statutes of the state relating to the bonding or insurance of motor vehicles used for carriage of passengers for hire. (d) Unlawful to operate without license. It shall be unlawful for any person to operate any taxicab for hire within the City, including as a home occupation, unless the operator thereof is the holder of an operating taxicab business license under this Chapter. It shall be unlawful for any person to drive, or to solicit passengers for hire in, or to transport any passenger in any taxicab for hire, unless the driver thereof has a cab driver's permit and such vehicle is licensed as a taxicab. (e) Exceptions. Nothing in this Chapter shall be construed to prohibit any vehicle licensed to render any form of public passenger service by any governmental body outside the City coming into the City in order to discharge passengers accepted for transportation from a location outside the City. (f) Solicitations by operator of exempted vehicle. While any public passenger vehicle exempted from licensing by the provisions of paragraph (e) of this section, or by the provisions of any statute of the state, is in the City, it shall not display any sign, light or signal which indicates that the vehicle is for hire, or it shall clearly display a "not for hire" sign. Any person driving such an exempted vehicle shall not solicit any person for transportation. (g) Assignment of licenses prohibited. Operating taxicab business licenses shall not be assignable. (h) Requirements for business operation. (1) Regular telephone service required. Every operating taxicab business licensee shall keep in service at all times while his license is in effect regular telephone service within the City by means of which a person desiring to hire a taxicab vehicle may call the licensee. The licensee shall cause the telephone number to be listed in the local and regional telephone directories which are published for the City by the telephone companies which furnish local telephone service in the City. They shall answer all calls received by them for service inside the corporate limits of the City as soon as they can do so and if said service cannot be rendered within a reasonable time they shall notify the prospective passengers how long it will be before the said call can be answered. Any licensee who shall refuse to accept a call anywhere within the corporate limits of the City at any time when such license has available vehicles, or who shall fail to provide service as required by this 4 Chapter, shall be deemed in violation of this Chapter. (2) Service refusal. Every operating licensee who has filed with the City Clerk to render taxicab service shall accept for transportation any orderly person requesting service anywhere in the City. The operator or his agent has the right to request a passenger to pay an estimated fare prior to transporting the passenger. If prepayment is refused the operator or his agent may refuse service. (3) Display of operating colors and trade name. Every taxicab operated under the auspices of an operating taxicab business license shall carry the color scheme, trade name and trademark listed in the operator's license application on the outside of the vehicle in a legible manner. (i) Abandonment of licenses. An operating taxicab business licensee shall be deemed to have abandoned his operating taxicab business license: (1) If he shall file a petition for relief under any chapter of the Bankruptcy Act, or if such a petition shall have been filed by another and the operating taxicab business licensee shall have been adjudicated a bankrupt and such adjudication shall not have been vacated within 30 days. (2) If he shall discontinue providing taxicab service for a period in excess of ten days for reasons other than a labor dispute, a temporary shortage of equipment, parts, or fuel, or an act of God. (3) If he shall fail to apply for the renewal of his operating taxicab business license. (j) Suspension of license. The operating taxicab business license of an operating licensee shall be immediately suspended: (1) Who has abandoned his registered office without notice of a new registered office. (2) Upon whom the service of official notices or legal process has become impossible. (3) Whose public liability insurance has lapsed or been canceled and not replaced by other insurance. (4) Who fails to file required documents or reports. (5) Who fails to provide service required in subsection (h) or in accordance with operating rules and fares on file with the City. (k) Revocation of licenses. The operating taxicab business licenses of an operating taxicab business licensee shall be revoked: (1) If the operating taxicab business licensee has abandoned his operating 5 taxicab business licenses. (2) If the operating taxicab business licenses were obtained by fraud or the willful omission to disclose any material fact in the application for such operating taxicab business licenses. (3) If the operating taxicab business license of such operating taxicab business licensee has been suspended more than two times during the preceding 12 months; or if the operating taxicab business licensee shall have been finally discharged in bankruptcy. 3-12-4: TAXICAB VEHICLE LICENSE (a) License required. Every vehicle used to provide taxicab service under the authority of this Chapter shall have affixed thereto, in such manner and in such place as shall be required by rule, a vehicle license issued hereunder. (b) Term and Fee. Each vehicle license shall be issued as of January 1 and shall expire on December 31 of the next year unless sooner suspended or revoked in accordance with this chapter. Licenses for new vehicles may be applied for at any time during the license year and prorated as provided in this Title. The fee for each taxicab vehicle liencse shall be $30.00. (c) Application. (1) Application for a taxicab vehicle license may be made pursuant to this Chapter at any time by the owner of the vehicle. (2) The application for each taxicab vehicle license shall be in writing, and signed by the applicant. The application shall contain: a. The name, address and telephone number of the applicant. b. The operating taxicab license under which the vehicle will be operated. C. The state license number and class of license. d. The vehicle make, model, serial number, the year that it was manufactured and the vehicle seating capacity. e. Certification of public liability insurance which is in compliance with this Chapter, and such other information as may be required by rule. f. The name and location of the repair facility that performs the mechanical and body repairs on that vehicle. g. Vehicle inspection report. (d) Issuance. Prior to the issuance of a vehicle license, a police officer shall inspect the vehicle to determine whether it is in safe and habitable condition, in conformity with this Chapter and in conformity with the applicable rules of subsection (e) below. The police 6 officer shall also inspect the taximeter to determine that the taximeter accurately measures time and distance and is correctly calibrated for the rate structure for which the operator has filed. (e) Vehicle safety standards. The chief of police or designee may promulgate rules which set minimum safety and comfort standards which must be maintained on all taxicabs; and require special equipment deemed necessary or desirable for passenger, driver or public safety. (f) Renewal. Each taxicab vehicle license shall be renewable from year to year, upon the filing of an application therefor accompanied by the required fee, prior to December 1;provided that the vehicle and equipment pass the inspections required by this Chapter. (g) Display. Every taxicab licensed under this Chapter must have fixed, upon some conspicuous part of the outside, the taxicab vehicle license. (h) Suspension of licenses. The taxicab vehicle license shall be suspended by taking possession of the same, whenever: (1) The operating taxicab business license authorizing the operation of the taxicab shall have been suspended or revoked. (2) It shall appear that, by reason of age, wear and tear, accident or otherwise, the condition of the taxicab is no longer in compliance with this Chapter or rule. (3) The vehicle shall have been taken from the control of the taxicab licensee. (4) The taxicab is being operated in violation of this Chapter or a rule promulgated under this Chapter. (i) Revocation of licenses. The taxicab vehicle license shall be revoked if not transferred by taking possession of the same, whenever the taxicab has been destroyed or permanently removed from the possession of the taxicab licensee. 0) Duplicate and transfer vehicle licenses. A vehicle license, upon application therefor accompanied by the required fee of$20.00, shall be issued whenever the original taxicab license shall have been mutilated or destroyed or when transferred to a different vehicle; provided that, at the time of application for the license, the taxicab license was not suspended or revoked or that the transferred vehicle complies with this Chapter and the prior sticker is returned to the City Clerk. 3-12-5: INSPECTION AND CONDITION OF TAXICABS (a) Design of vehicles. In addition to all requirements of the laws of the State and of the United States, every taxicab shall be so designed and manufactured so as to have sufficient doors that every passenger may enter and exit without crossing any interior barriers, and have a sufficient number of exits of such size as will permit every passenger and the driver to exit from the vehicle in the event that one side shall have been rendered impassable as the result of an accident. 7 (b) Inspection requirements. Prior to the issuance of a taxicab license or the renewal thereof, at the direction of the chief of police, or upon receipt of complaints that the vehicle or its equipment is not safe or habitable, each taxicab will be inspected to ensure that it is in safe operating condition and meets the specific standards which must be promulgated by rule under this Chapter. Any taxicab that was involved in a serious accident shall be inspected prior to the vehicle being returned to service. Inspections shall be conducted at a testing facility designated by the chief of police. After receiving notification for an inspection, a taxicab company will be allowed seven days to take the licensed taxicab to an inspection station for inspection. The license of all taxicabs not inspected within that period will be suspended. (c) Items to be inspected. The inspection will include but not be limited to the following: (1) Vehicle, make, year, and vehicle identification number. (2) State license number and year. (3) Vehicle color. (4) Vehicle number, company name, service brakes, emergency brakes, horn, rear view mirror, windshield wipers and washers, headlights, taillights, stop lights, turn signals, speedometer, taximeter (rates displayed), steering, interior condition (including driver and passenger seat belts), exterior condition, windows, tires, current bond sticker, frame and exhaust system. (5) Compliance with the Taxi Safety Act of 2007 (625 ILCS 5511 et seq.) (d) Failure to pass inspection. Any taxicab failing to pass inspection cannot be used as a taxicab for hire until repairs have been completed and it passes reinspection within five working days or its vehicle license will be suspended. (e) Inspection standards. Reasonable standards by rule which taxicabs must satisfy to pass the inspections required prior to licensing shall be designed to assure that taxicabs licensed by the City are mechanically dependable, safe, clean and satisfy the requirements of this section. Inspection reports used for obtaining licenses in other communities shall be accepted for City-required inspections if they include the same vehicle requirements. (f) Inspection stations. (1) A list of authorized inspection stations shall be kept by the chief of police and shall be given to each taxicab owner together with the notice that vehicles must be inspected. An owner may use the authorized inspection station of his choice or other inspection station if acceptable to the Chief of Police. (2) Inspection stations shall charge the standard inspection fee authorized by the City for all taxicab inspections. There shall be no charge for a reinspection within ten working days for repairs to a vehicle that fails an inspection. The authorized 8 inspection fee shall be charged for reinspection made after the ten-working-day grace period. (3) Spot checks will be made by the police department to authorized inspection stations to assure compliance with the inspection procedures, standards, and fees, and the police department shall investigate all complaints of misconduct by inspection stations or their employees. (g) Inspection of taximeters. Within two weeks following a change in rates which are registered by a taximeter and which have been filed by an operating taxicab licensee in accordance with this Chapter, and not more than three times a year, the Chief of Police or designee may inspect, or cause to be inspected, each taximeter operated by the operating taxicab business licensee and certify that the taximeters accurately measure the rates for which the operator has filed. (1) The Chief of Police or designee may promulgate rules which set forth a consistent method for testing the accuracy of the taximeters. (2) It shall be unlawful for an operating taxicab business licensee to operate a taximeter which has not been certified to accurately measure the rates for which he has filed, or for any person to detach any inspected taximeter from any vehicle and attach the same to any other vehicle unless a new inspection or certification is made on such taximeter. 3-12-6: FINANCIAL RESPONSIBILITY; PUBLIC LIABILITY INSURANCE (a) Insurance required. Every operating taxicab business licensee and every taxicab licensee shall obtain, and keep in force, public liability and property damage insurance with solvent and responsible insurers, to secure the payment of any loss or damage which may result from any occurrence arising out of the operation, use or possession of any of the licensee's taxicabs licensed under this Chapter. (b) Surety bonds. In lieu of an insurance policy or policies, the personal undertaking of the operating taxicab licensee or vehicle licensee secured by a surety bond or bonds of a corporate, solvent and responsible surety or sureties may be accepted by the City clerk in lieu of all or part of such insurance. (c) Insurance policies. Every insurance policy or bond shall: (1) Insure the operating taxicab business licensee, the taxicab vehicle licensee and any driver of the covered taxicab. (2) Provide for the payment and satisfaction of any final judgment or award, up to the prescribed limits of insurance, rendered against the insured for damages arising out of ownership or operation of the insured vehicles. (3) Be unconditional. (4) Require 30 days'notice to the City Clerk of any proposed cancellation. 9 (5) Be valid throughout the license year. (6) Provide such insurance as may be required by "uninsured motorist" laws of the State of Illinois;provide insurance for the sums of not less than: a. Two hundred fifty thousand dollars for injury to or death of any person. b. Fifty thousand dollars for damage to property. Certified copies of all insurance policies and surety bonds shall be kept on file with the City Clerk. (d) Insurers and sureties. Every insurer and surety must be an Illinois corporation or a foreign corporation qualified to transact business in the State of Illinois, and approved to underwrite the required risks by the Department of Insurance of Illinois. 3-12-7: CAB DRIVER'S PERMIT (a) Required. Every person who shall drive a taxicab while it is being used to provide public passenger service shall be the holder of a valid cab driver's permit issued under the provisions of this Chapter; and, while so driving, shall have such cab driver's permit displayed in the vehicle so that it is easily visible to the passenger and in a manner provided by rule. The fee for each cab driver's permit shall be $20.00. (b) Qualifications. Every applicant for a cab driver's permit shall: (1) Be the holder of a valid State of Illinois driver's license, which is appropriate to the class and weight of vehicle the applicant intends to drive. (2) Be at least 18 years of age. (3) Be in good physical condition; shall not have any nervous, organic or functional condition or disease which is likely to interfere with the safe performance of his duties as a cab driver. (4) Have not been convicted of- a. Any felony conviction, including a forcible felony listed below, that has occurred within the last five years. "Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. A forcible felony includes but is not limited to murder, voluntary manslaughter, rape and sex-related offenses, robbery, burglary, arson, kidnapping, aggravated battery and any other felony which involves the use or threat of physical force or violence against any individual. If a felony charge is pending no permit will be issued until such time as the final disposition of the case is known. b. Drug-related convictions within the last five years which are classified as 10 a felony under the state statutes. C. Two or more misdemeanor convictions within a year prior to application. If any misdemeanor case is pending, and if convicted would total two in the prior year, this will be cause for deferring the permit until disposition of the case is known. d. Two or more convictions for moving traffic violations in the year prior to the application date. If driving on a ticket, the permit will not be issued until the disposition of the ticket is known and the individual has a valid Illinois operator's license on his/her person. e. Except the chief of police, upon consideration of his investigation of matters set forth in the application showing that the applicant has been sufficiently rehabilitated to warrant the public trust, may waive the prohibitions of this subsection(4). (c) Application. Application for a cab driver's permit shall be on forms provided by the City Clerk, and it shall be signed on oath of the applicant and in compliance with Chapter 1 of this Title. The application shall contain: (1) The applicant's name, address and telephone number. (2) The applicant's social security number. (3) The applicant's Illinois driver's license number. (4) A warranty that he has not been convicted within the preceding five years of an offense as described in subsection(b)(4) above. (5) Certification by the applicant that the applicant is physically able to engage in the driving of taxicabs without risk to the public. (6) Any history of minor traffic violations over the preceding two years. (d) Applications shall be accompanied by: (1) Two passport-size photos of the applicant, one of which shall be attached to the license, which is to be displayed in the vehicle when issued in such a way that it cannot be removed or substituted without detection. (2) The fingerprints of the applicant to be taken by or under the direction of the police department, to be used for criminal inquiry through local law enforcement agency, Illinois state police, and FBI. (e) Issuance. Within ten business days after the filing of the application for a cab driver's permit, the City clerk shall, if he finds the applicant qualified therefor, issue the permit to him. There shall be a $10.00 fee for issuance of a duplicate permit. (f) Suspension. A cab driver's permit may be suspended for a period not to exceed 30 days: 11 (1) Pending an investigation into his involvement in an accident resulting in serious personal injury, which occurred while driving a taxicab. (2) Pending an investigation into his involvement in a crime or repeated misdemeanors resulting from his operation of a taxicab. (3) As a penalty for repeated violations of this Chapter and rules promulgated under it. (g) Revocation. The cab driver's permit may be revoked if it was obtained by fraud, including but not limited to the statements concerning his physical condition or criminal record required by paragraph(c) of this section. A cab driver's permit shall be revoked if- (1) Such cab driver, on account of infirmity of body or mind, or addiction to narcotics, amphetamines or alcohol, has become physically, mentally or emotionally unfit or unable to discharge his duties as a cab driver in a safe and proper manner. (2) Such cab driver has, while on duty as a cab driver of a taxicab, used or possessed any narcotic drug or amphetamine, or consumed or possessed or been under the influence of any alcoholic beverage regardless of its alcoholic content. (3) Such cab driver has been convicted of the offense of operating a motor vehicle while under the influence of alcohol, an amphetamine, a narcotic drug, a formulation of an amphetamine, or a derivative of a narcotic drug. (4) Such cab driver has been convicted of the crime of leaving the scene of an accident resulting in serious injury or death, or any felony involving the use of a motor vehicle. (5) Such cab driver has been guilty of repeated violations of this chapter or rules. (h) Drivers to give notice of address change. It shall be the duty of every driver of a taxicab to notify the City clerk in writing of any change of address within 30 days, giving his new address in full. 3-12-8: RATE OF FARE AND CHARGES (a) Publication of schedules of rates and charges. (1) On or after the effective date of this Chapter, and prior to the issuance of a operating taxicab business license, each operating taxicab business licensee shall publish a schedule of the rates and charges which he will make for each type of public passenger service to be offered by him and a list of operating rules and policies under which such services may be offered. Publication shall be accomplished by delivery of such schedule to the City Clerk and in any other manner that the operating taxicab business licensee shall desire. (2) Thereafter, any operating taxicab business licensee may amend such schedules 12 and operating rules by publishing an amended schedule by delivery to the City Clerk and in any other manner that the operating taxicab business licensee shall desire. (3) If an operator does not amend his rates or rules it shall be assumed that rates, rules and services on file shall remain in force. (b) Calculation of charges. (1) Meter rates. If any proposed rate of fare is to be calculated by a taximeter, the rate of fare shall be expressed and calculated in terms of- a. An initial charge, expressed in multiples of$0.10, for a fixed distance (or no distance) measured and expressed in increments of tenths of a mile. b. A charge for the remainder of the distance traveled, for increments of distance measured in tenths of a mile, but expressed to the passenger in verbal and written communication as a rate per mile expressed in multiples of$0.10. C. A charge for waiting time resulting from standing at the direction of the passenger for periods of time measured in six seconds each (0.1 minute), but expressed to the passenger in verbal and written communication as a rate per hour measured in multiples of$0.10. (2) Flat rate. a. A fixed charge, per person or per trip, may be filed for trips between any two fixed points. b. All surcharges shall be clearly stated in the publication of rates of fare and in any advertising of the operating taxicab business licensee's service. The City clerk may promulgate a rule which defines those services for which a surcharge may be charged. (c) Dissemination of rate information. It shall be the responsibility of each operating taxicab business licensee to post in the passenger area of the taxicab, in a manner set forth by rule, a detailed list of all rates, an estimated cost of a three-mile trip under each rate and the telephone number of the City Clerk, to inform a person requesting taxicab service of the various rates and services available. 3-12-9: TAXI ZONES (a) The Chief of Police is authorized to designate and properly sign 15-minute taxi zones on public property. (b) It shall be unlawful for the driver of a taxicab to leave a taxicab within a taxi zone for more than 15 minutes. (c) It shall be unlawful for the driver or licensee of a taxicab to stand or park such vehicle upon any place, except within a building, other than in a taxicab stand so designated as provided herein. This provision shall not prevent the operator of a taxicab 13 from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers. This provision shall also not prevent the resident of residential property from parking outside on the off-street parking area of that property one taxicab driven or licensed by the resident or upon commercially zoned property licensed for that use." 3-12-10: STATE REGULATIONS If there is a conflict between the regulations in this Chapter and any regulations of the State of Illinois, the regulations of the State shall control over the regulations in this chapter." Section Z 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. 2011. 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 2011. MAYOR 14 Co.y o Memorandum To: Economic Development Committee EST. �Z 1836 From: Bart Olson, City Administrator .4 _�` CC: 0� �� o,gaa, �p Date: July 29, 2011 Subject: Taxi Cab Ordinance A few weeks ago, the City was contacted by a resident who has a taxi service which operates in area towns and counties. She had been contacted by Yorkville residents from time- to-time for taxi service, and she inquired about a Yorkville taxi permit. We do not currently regulate taxi service in Yorkville, even though taxi services are commonly regulated by municipalities. The attached ordinance was drafted by Attorney Jim Binninger(Attorney Orr's associate), and Mr. Binninger will be at the meeting to discuss its contents. The ordinance was fashioned after taxi cab ordinances from other municipalities. While there are provisions of the ordinances that deal with public safety and powers given to the Police Chief, it deals first and foremost with the regulation of an industry—which is why this ordinance has first been taken to the Economic Development Committee. After review by the EDC, it may be prudent to forward this ordinance to the Public Safety Committee. 0 C/T y Reviewed By: Agenda Item Number J� A 0 Legal ❑ CA#3 III ■ EST �M Finance 1836 Engineer ❑ Tracking Number W City Administrator ❑ °°°�^oygaa, �O Consultant ❑ Ke da�o ty ADM 2011-38 <�E El Agenda Item Summary Memo Title: Treasurer's Report for July 2011 Meeting and Date: City Council- 08/23/11 Synopsis: Council Action Previously Taken: Date of Action: Admin 8/18/11 Action Taken: Move forward to City Council consent agenda. Item Number: ADM 2011-38 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 ended July 31,2011 Cash Basis %of %of Projected BGN Fund Revenues YTD Expenses YTD Ending Fund Balance July Revenues YTD Revenues Budget Budget July Expenses YTD Expenses Budget Budget Balance General Fund 01-General (271,899) 626,321 3,410,072 11,491,374 30% 582,620 2,182,855 10,727,492 20% 955,318 Special Revenue Funds 15-Motor Fuel Tax 640,399 31,747 100,650 1,011,000 10% 10,555 40,483 661,000 6% 700,566 79-Parks and Recreation 231,558 103,586 396,016 1,175,710 34% 132,351 300,691 1,189,210 25% 326,884 72-Land Cash (388,625) 2,051 317,783 420,500 76% 56,091 116,522 301,084 39% (187,363) 85-Fox Industrial TIF 569,790 6,344 139,794 - 0% - 3,605 - 0% 705,979 87-Countryside TIF 2,178,549 288 429 10,250 4% - 65,664 307,543 21% 2,113,315 88-Downtown TIF 209,760 1,242 44,335 88,550 50% 370 1,249 516,840 0% 252,846 11 -Fox Hill SSA 17,942 64 1,936 3,786 51% 767 1,381 3,804 36% 18,497 12-Sunflower SSA 11,922 119 3,765 7,530 50% 650 1,959 9,078 22% 13,728 Debt Service Fund 42-Debt Service 8,653 12,866 189,159 427,919 44% - 68,959 428,669 16% 128,853 Capital Funds 16-Municipal Building (587,024) 750 2,100 5,250 40% - - - - (584,924) 22-Park and Recreation Capital 51,443 7 270 2,830 10% 292 875 123,500 1% 50,838 20-Police Capital 194,947 1,815 6,749 21,500 31% - 95 54,000 0% 201,601 21-Public Works Capital 108,743 5,984 15,717 35,900 44% 6,858 28,412 92,595 31% 96,048 23-City-Wide Capital 652 16,919 50,371 416,600 12% - 125,000 360,000 35% (73,977) Enterprise Funds* 51 -Water 695,723 26,515 544,864 2,694,979 20% 112,659 734,628 2,571,858 29% 505,958 52-Sewer 2,377,831 28,397 1,317,874 3,105,490 42% 96,134 529,011 2,919,989 18% 3,166,694 80-Recreation Center (195,087) 44,378 157,175 611,000 26% 74,394 211,355 691,738 31% (249,267) Library Funds 82-Library Operations 317,335 11,786 352,717 736,950 48% 49,851 139,770 1,060,275 13% 530,281 83-Library Debt Service - 8,894 361,868 720,800 50% - 185,400 720,800 26% 176,468 84-Library Development Fees - 13 913 341,000 0% - 3,130 4,000 78% (2,217) Total Funds 6,172,613 930,085 7,414,556 23,328,918 32% 1,123,592 4,741,044 22,743,475 21% 8,846,126 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 *Fund Balance Equivalent c/Ty Reviewed By: Agenda Item Number 2 i o J a s Legal ❑ Minutes #1 Finance ❑ EST. 1 � 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant ❑ K �� ty . CC 2011-93 a El LE Agenda Item Summary Memo Title: Minutes of the City Council—July 26, 2011 Meeting and Date: City Council 08/23/11 Synopsis: Approval of minutes. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: City Clerk Warren Name Department Agenda Item Notes: DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,JULY 26, 2011 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Gilson Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren, City Treasurer Powell, City Attorney Orr, City Administrator Olson, Police Chief Hart, Deputy Chief of Police Hilt, Public Works Director Dhuse, Finance Director Fredrickson, Executive Director of the Y.E.D.C. Lynn Dubajic, EEI Engineer Jeff Freeman, and Community Development Director Barksdale-Noble. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS Commendations for Detective Stacey Mott and Officer Jeffrey Johnson Mayor Golinski called Officer Mott and Officer Johnson to come to the front. Police chief Hart presented Officer Johnson and Officer Mott with a certificate for their outstanding work. PUBLIC HEARINGS Raging Waves Amended Annexation Agreement (PC 2011-05) Please, see attached report of proceedings by Christine Vitosh C.S.R.from Depo Court Reporting Service for the transcription of this portion of the meeting. CITIZEN COMMENTS Jesus Alaniz, Colonial Parkway, addressed the issues of a mandatory sprinkler requirement for new construction of residential homes. He compares the number of fires (58,000)to the number of criminal acts (835,000) in 2009. The rationale to force citizens to have sprinklers to protect against fire damage is like forcing citizens to have guns to protect themselves crime. He remarked that the Constitution does not give the government the right to force citizens to purchase anything let alone sprinklers. He stated that the state of the economy is in question, gas prices are at near record high levels, home values down, and foreclosures up. The job market is poor and the credit from the banks is tight. He commented on three main points. President Obama's program to halt foreclosures until the economy recovers cannot continue and will eventually increase the number of homes on the market thus lowering their values. President Obama also has halted more of the" Rubber Stamp"which will also result in more foreclosures and then more inventories. A sales tax on homes to pay for the National Healthcare Program will limit the number of people who will even be able to buy a home again especially noting the banks further tightening of credit. These factors, coupled with a poor employment level in the state, means fewer will be able to purchase a new home. Mandating sprinklers will only make it more expensive for contractors to build, which will impact an already struggling new home construction market. Lastly, faulty tripping of sprinklers can cause as many problems as they solve. The additional cost of inspections and or corruption related to it is reasons not to support the sprinkler mandate. Bill McCue, stated he was inaccurately quoted to say he would not put sprinkler systems in new homes. What he said was that no one has asked me to do that but if asked to do so he would. Adding a sprinkler system to a new home would add$10,000 to the cost of a 3200 square foot home. As a builder, he advises against adding upgrades to homes that will not increase the appraised value of the home. I have built a home in the area with a sprinkler system. The cost of a sprinkler system for a builder on a 2141 square- foot home is $8700. This does not include a builder's normal markup of 5%for construction contingencies. He disagrees with the city staff recommendation that sprinklers be required for homes over 3500 square feet. The cost of a system for this size of home would be$13,000. If it is required the system The Minutes of the Regular Meeting of the City Council—July 26, 2011—Page 2 of 8 is connected directly to the water main it would add an additional$4-$6000. In addition, city staff recommends increasing the size of the water main to the home to accommodate a sprinkler system adding an additional $90041200. He commented that the bike trails were voted down twice and only had a cost of$13-$20 per year per household. These trails would also save lives and give children safe passage through and between their subdivisions and schools. He recognizes that the people may not have had a problem with the trails but more with how it would be financed. There is no way that a child who has lost his mother form a bike accident can make sense of the bike trails being voted down. I and two other local builders have built 6300 homes here Yorkville. With the average cost of$10,000 per home for a mandated sprinkler system it would have resulted in$63 million of additional cost. The cost of the bike trails and the additional safety it provides is nothing compared to the cost of this mandate. He cannot understand how anyone could vote for mandating sprinklers. Phil Borter, ProBuild, commends Yorkville for looking at fire safety. He states that older homes are more likely to burn than new homes. The city must decide during this difficult time with the housing industry, villages, and tax basis the impact it has on the cities revenue stream. The Illinois Association of Realtors would argue against the mandated sprinkler systems in the 2009 International Building Code choosing a mechanical system over an electronic system would choose a system more prone to failures as well, a more costly one. He states how important it is to provide an affordable housing alternative. Tim Greyer, Greyer Builders, a developer for 15 years,built six homes this year but does not believe any of these homes would have been built if the fire sprinklers were mandated. He stated new homes bring people in which help the city's economy. The city has thousands of vacant lots that need to be built. Continuing to raise costs of building will slow down growth. Momentum has increased and anything the city can do to maintain this momentum would really help. To increase building of new homes,permit prices need to be looked at. Existing subdivisions have permit prices that are grandfathered and are still reasonable.New subdivisions will have permit prices almost double the current permit price. He heads a group looking to purchase considerable properties here in Yorkville. The group would like to be assured that there are no major changes to move forward. Craig Marker, Richard Associations, stated his main concern of mandated sprinklers is the cumulative costs associated with them. The system at $10,000,the increased costs of the main is approximately$900, and in additional $1100 for the meter to accommodate the larger sized pipe. He stated over the last four years the number of homes he has built has dropped from 400 to 29. He states that he is worried the mandated sprinklers will negatively impact new construction in the businesses that depend on those new residents. Jeremy Canavan,Bristol Kendall Fire Depart,thanks the builders for coming to speak on this issue. The policy clearly states that every single family home needs to have fire sprinklers. The city revised these specifications to require sprinklers for homes over 3500 square feet and there are other options that can be done. He provided a list of communities that have adopted these policies in some form or another. He asks the city to consider the status options. Shawn Michaels, McCue builders, on page 2 of the staff presentation, it talks about how the Yorkville staff conducted a survey in July 2010 of local fire protection systems based on the installation of 2500 square-foot single-family dwelling excluding the basement. If there is a basement in the house, the basement would have to be sprinkled, so those numbers are misleading for there would be a significant cost for those sprinklers. Consent Agenda: 1. Bills for Payment- $802,717.65 (CC 2011-83) 2. Ordinance 2011-29 -Amending the Traffic Schedule and Index Regarding Yield Sign Control for Dolph and State Streets—authorize Mayor and City Clerk to execute (PW 2011-49) 3. Bid Results for 2011 MFT Miscellaneous Bituminous Patching—award contract to Aurora Blacktop, Inc. in an amount not to exceed$44,273.90(PW 2011-50) 4. Water Department Reports for May and June 2011 (PW 2011-51) 5. Treasurer's Report for June 2011 (ADM 2011-32) 6. Ordinance 2011-30-Approving the Revision of the 2011-2012 Fiscal Budget Regarding the General Fund, the Library, and the Parks and Recreation Department—authorize Mayor and City Clerk to execute(CC 2011-71) Mayor Golinski entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Munns; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye, Milschewski-aye, Spears-aye, Munns-aye, Funkhouser-aye, Gilson-aye, Teeling-aye, Kot-aye Minutes for Approval: The Minutes of the Regular Meeting of the City Council—July 26, 2011—Page 3 of 8 1. Minutes of the Special City Council—June 14, 2011 (CC 2011-84) 2. Minutes of the City Council—June 28, 2011 (CC 2011-85) Mayor Golinski entertained a motion to approve the Minutes of the Special City Council meeting for June 14, 2011, and the Minutes of the Regular City Council meeting for June 28, 2011 as presented. So moved by Alderman Teeling; seconded by Alderman Spears. The following corrections are for the June 28, 2011 Regular City Council Meeting: Alderman Teeling,page 5, 1St paragraph, she questioned. Alderman Gilson, Page 2, 1St paragraph, said contamination is not in sanitary sewer and plume is spelled incorrectly. Page 3, Gilmour's name was spelled incorrectly. Page 9, 1St paragraph, there was spelled incorrectly. Page 11 an S should be added to lack. Page 16, after it says,the drainage in their neighborhood, the following sentence needs to be added. The drainage in their neighborhood needs to be looked at again and water is flowing under and around the pipe instead of through it. Page 12, it should stated right of way. On page 6, should state collected not collect. Page 1, should be right of way. Alderman Colosimo stated halfway down on page 5 it should state city should question EEI. Also should state Alderman Colosimo made a motion. Page 12, it should be Jeff Freeman. Alderman Milschewski stated page 1 Freeman from EEI should be marked present. On Amendments to the Agenda page 1 Mayor Golinski requested 2 items, the Chief of Police and City Administrator contracts,be moved from the Consent Agenda to the end of the meeting. Contracts need to be reflected at the end of the meeting. She made a motion under Amendments to the Agenda, to table Public Works item#3 and Consent Agenda item#2, to the next City Council meeting. On same page under the Alliance Against Intoxicated Motorists should be capitalized. Under Citizens Comments it should say no further remediation letter is given. On page 2, 1"paragraph,the spelling of Beardsly is incorrect. In Citizen Comments under Amy Cesich 2nd sentence should state saying. Page12, change right of way. Also, it should state dispose not expose. Page 12, 6 lines up from the bottom, it should say landfill. On Page 13, 5th paragraph, the sidewalks should grant. 2 paragraphs down from there, the new sidewalks did not match the character of the neighborhood for the neighborhood is in an older section of town. From Van Emmon to Fox there are four year old sidewalks that are the standard width. Page 16 on the signage issue it talked about the sign from Van Emmon to Huestis then garbage collection and then the next paragraph ties into the signage issue. Page 17,Mayor Golinski entertaining a motion is on there twice. Alderman Spears page 2, first paragraph, 5th line from the bottom should say and is now an eyesore to the community. On page 15, last paragraph,the 3rd sentence up, set on fire not kept on fire. Alderman Funkhouser stated page 6, 3rd paragraph,under Route 47 expansion should state additional 30%. Page 12, 2nd paragraph should state being an instructionalist to our economic development. Page 14 the line before the economic development report,phase one spelled wrong. Mayor Golinski entertained a motion to approve the minutes as amended Amendments approved unanimously by a viva voce vote REPORTS MAYOR'S REPORT Ordinance 2011-31 Approving the Second Amendment to the Amended Annexation and Planned Unit Development Agreement (O'Keefe Subdivision) (Raging Waves) (PC 2011-05) Mayor Golinski entertained a motion to approve the ordinance approving the second amendment to the amended annexation and planned unit development agreement O'Keefe subdivision Raging Waves and authorized the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Gilson. Mayor Golinski agrees that a vote on any issue raised in a public hearing should not be voted on the same day. This is a special circumstance, and he wants to deal with concerns raised by the owner of Raging Waves. Mayor Golinski agrees that the current annexation agreement treats them unfairly. Because discussions with Raging Waves have been delayed, Mayor Golinski had hoped the vote could happen as soon as possible. Raging Waves believes the reduction in cost to the city could be used as a marketing campaign to reduce pricing to their customers for the last month of the season in hopes this will benefit other businesses in Yorkville. Alderman Gilson asked Mayor Golinski if he had directed staff to put in the policy that the city will no longer, in the future, vote on any issue until after it has been put through its readings, for he believes that policy needs to be put in place. Mayor Golinski had not directed staff, but it can be discussed in administration. Mayor Golinski believes there can be exceptions and would like some sort of an out in the policy. Alderman Kot supports this for he thinks it is good to correct the overtaxing of a local business. He believes that's a good message to send out to other businesses that the city realizes this is not what it ought to be doing. And that we will obviously be taking care of the situation. Alderman Spears would like to know, since she previously objected to the business tax, if the city can readjust that as well. Mayor Golinski stated the City Council can do that anytime. He suggested that she brings it up in committee, and she will do so. Alderman Colosimo wasn't happy with the 3% sales tax that passed. He does not believe that it is appropriate to take a vote on the same day as a public hearing. That The Minutes of the Regular Meeting of the City Council—July 26, 2011—Page 4 of 8 goes against how a public meeting should be run and the purpose of a public hearing is to get feedback from residents. He is willing to make an exception and will vote in favor of this ordinance; however would like to see a policy concerning this matter from administration. He thanked Raging Waves for being patient and hopes this makes them whole. Alderman Funkhouser approves of the agreement between the city and Raging Waves,but he objects to voting on a public hearing item the same night the issue is presented. He would prefer to see policy established. Alderman Teeling confirms that Mr. Johnson understands the city is rescinding the tax on Raging Waves. Mr. Johnson stated confirms Alderman Teeling's statement. Alderman Teelling questioned why this was not handled through the amusement tax. Mayor Golinski stated it was never finalized. Alderman Teeling wanted other businesses in Yorkville to understand the special circumstance with Raging Waves and not look to have this tax rescinded for them. She stated that the removal of the 3%sales tax seems just in that it would be a tax in addition to the admission and amusement taxes they already pay. Alderman Teeling stated she was under the impression this should have already been taken care of. Alderman Gilson stated that the previous mayor intended to do so but it was never finalized. Alderman Gilson is in favor of rescinding this tax on Raging Waves, as well. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye Gilson-aye, Kot-aye, Munns-aye, Spears-aye River Road Bridge Pedestrian Accommodations (CC 2011-86) Mayor Golinski requested a consensus vote concerning the River Road Bridge. He stated that the original information provided by IDOT representatives was that any bridge funded with federal money requires the city to provide for pedestrian traffic. Mayor Golinski stated the widening of the River Road Bridge is not feasible while the dam is in place and the city would investigate a pedestrian crossing upstream of the dam. Mayor Golinski stated it is now the city understands it may proceed with repairs to the River Road Bridge without providing for pedestrian traffic. It is the staff s recommendation not to include accommodations for pedestrian traffic on this bridge. Alderman Colosimo recommends that the city scraps the pedestrian bridge. Alderman Gilson asked for confirmation that the city is not in violation of a federal requirement by not providing the pedestrian bridge. Alderman Colosimo believes the interpretation of the requirement states that a pedestrian right of way is to the discretion of the city. Alderman Gilson questioned to whether the city would proceed with the work on the River Road Bridge knowing the dam near it is scheduled for removal Alderman Gilson questioned what impact future work on the dam would have on the bridge. City Administrator Olson stated the design of the new bridge would utilize the existing abutment and would not impact the dam. Alderman Gilson asked to confirm with City Administrator Olson that any repair to the River Road Bridge would not require any repair to the dam. City Administrator Olson confirmed Alderman Gilson's statement. Alderman Gilson again stated for the record that City Administrator Olson confirmed that the city has no intention of replacing the dam during repairs to the bridge. City Administrator Olson again confirmed that the city would not replace the dam and that the dam is scheduled for removal in 2015 or 2016 by the Army Corps of Engineers. Alderman Teeling commented on an article in the Beacon Newspaper referring to funding for the River Road Project. City Administrator Olson stated that the Beacon article was in reference to the statement made by the chairman of the highway committee. It was stated that there was a question to the city's ability to fund this project. City Administrator Olson stated the city's financial situation in regards to this project has changed since the printing of that article. Mayor Golinski stated that the City Council is in agreement that there will be no pedestrian bridge. He asked City Administrator Olson if he had enough direction on this issue and was answered,yes. PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Building Code Update Recommendations (EDC 2011-20) Ordinance 2011-32 Adopting by Reference Certain Building,Mechanical, Plumbing, Energy Conservation,Fire,Fuel Gas,Property Maintenance, Residential and Existing Building Codes Alderman Munns made a motion to approve an Ordinance Adopting by Reference Certain Building, Mechanical, Plumbing, Energy Conservation, Fire, Fuel Gas,Property Maintenance, Residential and Existing Building Codes Regulating and Governing the Construction, Conditions and Maintenance of all Property, Buildings and Structures in the City and authorize the Mayor and City Clerk to execute. Seconded by Alderman Milschewski The Minutes of the Regular Meeting of the City Council—July 26, 2011—Page 5 of 8 Alderman Munns stated the ordinance can be approved as written or it can be approved with amendments. Mayor Golinski asked for questions, comments, or concerns on the first motion. There was discussion among Alderman Gilson, Public Works Director Dhuse, and Community Development Director Barksdale-Noble in regards to the International 2009 Code. City Attorney Orr stated the way to do this would be a motion to amend that portion of the code eliminating the 1 1/2 inch and instead 1 inch. Take a vote on it and that amendment will be in effect. Alderman Munns made a motion to amend building code update recommendation to stick with the 1 inch. Seconded by Alderman Kot. There was discussion on this motion among Alderman Milschewski, Alderman Gilson, City Attorney Orr and Community Development Director Barksdale-Noble, Alderman Colosimo, and Alderman Munns. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye, Gilson-aye, Kot-aye, Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye Alderman Munns stated there are 3 options on the sprinkler system. The staff recommends doing sprinklers on 3500 square-foot homes and above immediately, also with 2 other options to adopt the 3500 square-feet and above in 2015, and there was a third option. The biggest issue discussed was does the city want fire sprinklers, or does the city want them in 2015. Alderman Colosimo stated he will not vote for this code if it requires fire sprinklers. City Attorney Orr asked for Alderman Colosimo to make a motion to amend the International Residential Code to eliminate any sprinkler requirements. Alderman Colosimo made a motion to amend the international single family residential code to eliminate any sprinkler requirements. Seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-1 Colosimo-aye, Funkhouser-aye,Milschewski-aye, Teeling-aye Gilson-aye, Kot-aye, Munns-aye, Spears-nay City Attorney Orr stated the City Council has made a motion, on the main motion, so now it would be a vote on the main motion which Alderman Munns made as amended with the two amendments. Mayor Golinski asked if this motion takes in all the staff comments and recommendations that were in the City Council packets. Alderman Munns stated yes, except for the two amendments. Vote on the main motion made by Alderman Munns with the two amendments was approved by a roll call vote. Motion approved by a roll call vote. Ayes-7 Nays-1 Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-aye, Kot-aye,Munns-aye, Spears-nay, Colosimo-aye Alderman Munns stated the City Council has a choice on a motion over the Electrical Code 05 or 08. He could make a motion for one code and discus that vote. If that fails, the City Council can make a motion for the other code. Ordinance Adopting by Reference the 2005 Edition of the National Electrical Code Published by the National Fire Protection Agency Alderman Munns made a motion to approve an Ordinance Adopting by Reference the 2005 Edition of the National Electrical Code Published by the National Fire Protection Agency and authorize the Mayor and City Clerk to execute. Alderman Munns wanted clarification from Community Development Director Barksdale-Noble if the main issue was the arcing between the 2005 and 2008 code. Community Development Director Barksdale-Noble stated that is the main thing. There was discussion between Alderman Spears and Community Development Director Barksdale-Noble in regards to the 2005 and 2008 National Electric Code. The discussion was on how this will affect the city and Community Development Director Barksdale-Noble's department as far as inspections and requirements. There was discussion also on the differences between Arcfalls and GFI's. With the 2005 code there are some checks and balances that may not match up specifically when talking about Arcfalls in residential homes. There may be glitches which the staff hasn't even seen yet. The 2008 code requires Arcfalls in main living spaces. Alderman Spears wants to adopt the 2008 code for she thinks it will be beneficial and save time and money to the department. Alderman Gilson agrees with Alderman Spears and is going to vote in favor of the 2008 code. It was brought to Alderman Gilson's attention that the city Council is voting on 2005 not 2008. The Minutes of the Regular Meeting of the City Council—July 26, 2011—Page 6 of 8 Alderman Milschewski asked if the city had delegated proper equipment to check for this. Community Development Director Barksdale-Noble stated the city does have equipment that is online; it is called Square D or W. Sometimes it works and sometimes it doesn't, that is a glitch. Alderman Colosimo does not have a clear picture of cost. Community Development Director Barksdale-Noble stated the city was told about $1000 to $1500 more. Alderman Funkhouser stated the city is looking at additional cost for installation of just the outlets. The city would need to contract out or purchase new equipment to do the testing. Community Development Director Barksdale-Noble stated not necessarily. Alderman Funkhouse stated if the city wants to do it effectively since the system has a glitch. Community Development Director Barksdale-Noble stated the equipment can still be used manually. Alderman Funkhouser asked to make a motion and City Attorney Orr stated the motion on the floor is a motion to approve the 2005 code made by Alderman Munns, so we need to on that and can move onto the next motion. Vote on the main motion made by Alderman Munns. Motion failed by a roll call vote. Ayes-0 Nays-8 Teeling-nay, Gilson-nay, Kot-nay, Munns-nay, Spears-nay, Colosimo-nay, Funkhouser-nay, Milschewski-nay Ordinance 2011-33 Adopting by Reference the 2008 Edition of the National Electrical Code Published by the National Fire Protection Agency Alderman Munns made a motion to approve an Ordinance Adopting by Reference the 2008 Edition of the National Electrical Code Published by the National Fire Protection Agency and authorize the Mayor and City Clerk to execute. Seconded by Alderman Kot. Alderman Funkhouser made a motion to amend the requirement stated in the 2008 code and take the Arcfalls out and apply the 2002 standard for the Arcfall. Seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-5 Nays-3 Gilson-nay, Kot-nay, Munns-aye, Spears-nay, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye Mayor Golinski stated that now the Council is back to the original motion made by Alderman Munns to approve an Ordinance Adopting by Reference the 2008 Edition of the National Electrical Code Published by the National Fire Protection Agency. Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye, Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-aye PUBLIC SAFETY COMMITTEE REPORT Ordinance Amending the Code of Ordinances Regulating On-Street Parking(E. Millbrook Circle)—First Reading (PS 2011-13) Alderman Colosimo wanted to give the citizens of Grande Reserve the opportunity to hear about this before the City Council votes. There was confusion over which street had the issue. Alderman Colosimo made a motion to send this item back to Public Safety Committee for review. Seconded by Alderman Funkhouser. Amendments approved unanimously by a viva voce vote ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD Resolution 2011-16 Approving a Revised Park Rental and Use Policy (CC 2011-87) Mayor Golinski entertained a motion to approve a Resolution Approving a Revised Park Rental and Use Policy and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-aye, Kot-aye The Minutes of the Regular Meeting of the City Council—July 26, 2011—Page 7 of 8 PLAN COMMISSION Jongej an Special Use—Mile and V2 Review (PC 2011-03) Mayor Golinski entertained a motion to support the Jongejan request for a Special Use approval to operate a Bed and Breakfast and the subject property within the county. So moved by Alderman Colosimo; seconded by Alderman Milschewski Community Development Director Barksdale-Noble said the Planning Commission's recommendation was to support the approval of the bed-and-breakfast. Alderman Spears asked if surrounding neighbors had been notified. Dan Kramer stated that the neighbors have been notified. Alderman Gilson asked for more information on this issue. Mr. Kramer stated the Jongejans bought the Gaylord mansion and are planning to restore the inside only. They purchased the cottage next door to live in. They encourage small gatherings to use their property. The lot is a beautiful wooded 2 'h private acres. It should be a good amenity to the community. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-aye, Kot-aye, Munns-aye Ordinance 2011-34 Approving Amendments to the Regulations Regarding the Processing of Applications in the Yorkville Zoning Ordinance (PC 2011-04) Mayor Golinski entertained a motion to approve an ordinance approving amendments to the regulations regarding the processing of applications in Yorkville zoning ordinance and authorized the mayor and city clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Milschewski. Alderman Gilson stated that if there is any money still owed to the city at all from each individual developer or petitioner that the city does not release these funds until the city has done a complete check on all money owed. If there is money owed to the city then the city would not release these funds. City Attorney Orr cleared up the language to make it clear that funds would not be released from the city until any outstanding debt is paid to the city. Mayor Golinski stated there should be a roll call vote on the original motion that he entertained as amended with the amendment. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Gilson-aye, Kot-aye, Munns-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY&LIAISON REPORT No report. STAFF REPORT No report. ADDITIONAL BUSINESS Fire Sprinkler Systems Alderman Kot is a big advocate of smoke alarms and believes the city should work with the Fire Department. State laws require residential homes to have smoke alarms. The city needs to remind residents to have and maintain smoke alarms. Smoke alarms are not as good as sprinklers,but they are the next best alternative. Mayor Golinski stated the city appreciates all the information and everything that has been done on to educate the city on the sprinkler systems. Parking for Businesses on Route 47 The Minutes of the Regular Meeting of the City Council—July 26, 2011—Page 8 of 8 Alderman Gilson inquired about parking on Route 47 for businesses. The selection to acquire land is to be discussed in Public Works Committee and City Council meetings. There has not been a front runner for the location of the site, other than the old jail. Staff is still studying the various spaces of development. Alderman Gilson is not in favor of the old jail and wanted to make sure staff was seriously looking at alternatives. City Administrator Olson stated yes and the direction would have to come from City Council. Hometown Days Alderman Teeling spoke to City Administrator Olson about Hoppers, a local business. Hoppers want to be involved in Hometown Days, and will be going to the Park Board next meeting. City Administrator Olson stated staff is discussing different features and attractions for Hometown Days, and negotiating with Hoppers to set booth fees. Staff is also checking whether admission can be charged based on the city's contract with the carnival. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of: 1. Litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. 2. For collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Milschewski-aye, Colosimo-aye, Kot-aye, Teeling-aye, Gilson-aye, Funkhouser-aye, Munns-aye The City Council adjourned at 8:53 p.m. The City Council entered Executive Session at 8:59 p.m. The City Council returned to regular session at 9:06 p.m. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Milschewski; seconded by Alderman Munns. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:07 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS CITY COUNCIL MEETING PUBLIC HEARING 800 Game Farm Road, Yorkville, Illinois Tuesday, July 26, 2011 D-945911 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 2 1 PRESENT : 2 Mr . Gary Golinski, Mayor; 3 Mr . George Gilson, Jr . , Alderman; 4 Mr . Carlo Colosimo, Alderman; 5 Ms . Jackie Milschewski, Alderman; 6 Mr . Larry Kot, Alderman; 7 Mr . Marty Munns, Alderman; 8 Mr . Chris Funkhouser, Alderman; 9 Ms . Rose Ann Spears, Alderman; 10 Ms . Diane Teeling, Alderman . 11 12 ALSO PRESENT : 13 Mr . Bart Olson, City Administrator, 14 Ms . Beth Warren, City Clerk, 15 Ms . Kathleen Field-Orr, City Attorney. 16 - - - 17 18 19 20 21 22 23 24 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 3 1 (Pledge of Allegiance . ) 2 MAYOR GOLINSKI : Public hearing for 3 Raging Waves amended annexation agreement . Do we 4 have anyone from the public who would like to 5 comment on Raging Waves amended annexation 6 agreement? 7 Step up, please, sir . State your 8 name for the record and sign in, please . 9 MR. JOHNSON: Hi . I 'm Mark Johnson, 10 Yorkville . On May 11th, 2010, a public hearing 11 was held on Crestview Builders ' request to change 12 the annexation agreement pertaining to Blackberry 13 Woods subdivision . 14 I spoke on many things that night, 15 but one was a policy of our city to hold public 16 hearings and vote on those hearings on the same 17 night . The vote was held off that evening based 18 on questions raised and my persistence to change 19 this policy. 20 The then Mayor Burd commented that 21 this was a good idea and asked that it be sent to 22 committee . Well, here we are again 14 months 23 later and we don ' t have this common sense policy 24 in place yet . DepoCourt Reporting Service, Inc . (630) 983-0030 Page 4 1 As is the case in Washington, D. C . 2 today with the fight over the debt ceiling, 3 sometimes we as individuals must put our 4 principles aside and do what is best for all . 5 This public hearing tonight is one 6 of those moments . I will personally set aside one 7 of my firm beliefs for the betterment of our city 8 for the long-term, but I ask this Council to 9 please get a policy to not allow a vote on the 10 same night as public hearings in place as soon as 11 possible . That is only fair to all of your 12 constituents . 13 Tonight is one of those exceptions . 14 Raging Waves is probably one of the most positive 15 things that has happened to our city in my 16 61 years in it . Not only has it brought in needed 17 revenues, but it has attracted people from all 18 parts of the country to our city. 19 This is the kind of development our 20 city needs . Our residents get discounted use, 21 while bringing in busloads of people and revenue 22 from all around the area . My children, their 23 spouses, and my 12 grandchildren have all enjoyed 24 this venue . DepoCourt Reporting Service, Inc . (630) 983-0030 Page 5 1 This was positioned north of our 2 city, which has helped with all kinds of traffic 3 concerns . This company helped put in roadways and 4 traffic signals at great expense, with our city 5 helping them offset the costs over ten to 6 20 years . 7 The previous mayor and her Council 8 voted to not only get a five percent tax from this 9 venue, but then added another three percent on 10 top . Taxes don ' t solve problems of our city, our 11 state or our country. We are all taxed enough 12 already. 13 It appears that this public hearing 14 will remove this added tax by the previous mayor 15 to allow Raging Waves to market their wonderful 16 venue for the balance of this season. I support 17 that . I think that voting for this change tonight 18 will do wonders for showing the world that 19 Yorkville gets it when it comes to business . 20 The previous mayor ' s philosophy of 21 taxing so government can spend more isn ' t the 22 answer. Yorkville should be open for business and 23 make businesses welcome . 24 That isn ' t saying I agree with DepoCourt Reporting Service, Inc . (630) 983-0030 Page 6 1 giving away the ship upfront to attract business . 2 I don ' t . On the contrary, let everyone be on an 3 equal playing field. This added tax was wrong to 4 put on this venue and must be corrected. 5 Five bullets I believe in . I 6 believe Raging Waves is a fantastic business for 7 our city. I see no person or land owner affected 8 by your voting tonight, and that ' s why I have gone 9 against my principle of saying that we need to 10 have a separate night vote . I believe the added 11 tax was a mistake to institute and must be 12 rescinded. I believe other businesses will view 13 our city being pro-business with this vote . 14 I see no down side to having the 15 vote tonight . My family and most of Yorkville 16 love Raging Waves for the entertainment value . I 17 also love it for the revenue it generates to 18 improve our city. 19 I can ' t see anything wrong with 20 voting this poorly designed added tax out tonight 21 and to help a wonderful, positive business have a 22 chance at success, which will only make our city 23 stronger in the future . Thank you . 24 MAYOR GOLINSKI : Thank you . Any other DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 7 1 public comment on Raging Waves? 2 (No response . ) 3 MAYOR GOLINSKI : Okay. With that, we 4 will close the public hearing. 5 (Which were all the 6 proceedings had in the 7 public hearing portion 8 of the meeting. ) 9 ---000--- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 8 1 STATE OF ILLINOIS ) ) SS . 2 COUNTY OF LA SALLE ) 3 I, Christine M. Vitosh, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above-entitled cause and that the 7 foregoing Report of Proceedings, Pages 1 through 8 10, inclusive, is a true, correct, and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid. 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit, nor am I in any way related 14 to any of the parties to this suit, nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only. I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 DepoCourt Reporting Service, Inc . ( 630) 983-0030 Page 9 1 In testimony whereof, I have 2 hereunto set my hand this 27th day of July, A. D. , 3 2011 . 4 5 6 Christine M. Vitosh, CSR 7 CSR No . 084-002883 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service, Inc . ( 630) 983-0030 c/Ty Reviewed By: Agenda Item Number 2 i o J a s Legal ❑ Mayor #1 Finance ❑ EST. 1 � 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant ❑ K d 11 ty CC 201 1-Joo O El LE Agenda Item Summary Memo Title: Appointment of Building Code Official (Building Inspector/Zoning Officer) Meeting and Date: City Council—08/23/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Golinski Name Department Agenda Item Notes: c/Ty Reviewed By: Agenda Item Number 2 i o J a s Legal ❑ Mayor #2 Finance ❑ EST. 1 � 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant El K �� ty . CC 2011-94 a El LE Agenda Item Summary Memo Title: Appointment to Plan Commission—James Weaver Meeting and Date: City Council—08/23/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Golinski Name Department Agenda Item Notes: See attached committee application. Print Form �Al Cfry 1. o United City of Yorkville J ° -n 800 Game Farm Road EST. �. �.�_ 1836 Yorkville, Illinois 60560 o I® Telephone: 630-553-4350 a moo' Fax: 630-553-7575 Website: www.yorkville.il.us United City of Yorkville Commission & Committee Application To be considered for a commission or committee,please complete this application and return to the attention of the Deputy ,Clerk at the address listed above. Name .SganE S W �o.�E.2 Address Phone: Home Email Please indicate the Commission/Committee(s)that you would like to participate on: [] Adhoc Committee on Senior Issues [] Park Board [] Cultural Commission M"P'lan Commission [] Fire and Police Commission [] Yorkville Green Committee [] Human Resources Commission [] Zoning Board of Appeals [] Library Board The following questions help in selection of committee members. 1. Indicate your experience (personal and/or work) that will help you in serving the residents of the United City of Yorkville. 2. Why do you want to serve on a Commission/Committee for the United City of Yorkville? Thank you for your interest in being a part of the development of the United City of Yorkville! It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring, and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act and all State Civil Rights Legislation. I understand that as art of the process of being considered, it is the City's policy to perform a cursory background inve on anyone ing considered for appointment to one of the commissions or committees. '7 Zt`6 fze-'t 1 Signat Applicant Date ---- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- For ofce use only: Date Received 1 Initials 1. Indicate your experience (personal and/or work)that will help you in serving the residents of the United City of Yorkville. • I have experience in building construction and reviewing of building plans. In my profession as a firefighter, I am constantly walking into buildings reviewing how they were made. What I lack in experience, I make up for in drive an commitment to provide the best for our residents. 2. Why do you want to serve on a Commission/Committee for the United City of Yorkville? • I believe in this great city. I would like to see our city thrive with more commercial and residential building. We have a great city and I would like to say that I was a part of building it. C/T y Reviewed By: J= A 0 Legal Agenda Item Number Finance El Mayor#3 EST. �Z 1836 Engineer ❑ City Administrator 0 CiVI ` Human Resources ❑ Tracking Number °°°lfg°a' �0 Community Development Kentlall County ` Police Cie ❑ CC 2011-95 LE ��'� Public Works ❑ Agenda Item Summary Memo Title: Downtown TIF inducement resolution—Imperial Investments Meeting and Date: City Council—August 23, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: LAW OFFICE KATHLEEN FIELD ORR&ASSOCIATES 53 West Jackson Blvd., Suite 935 Chicago,Illinois 60604 (312)382-2113 (312)382-2127 facsimile KATHLEEN FIELD ORR JAMES W. BINNINGER kfo(a)kfoassoc.com jwb(a,kfoassoc.com MEMORANDUM To: Mayor Golinski and City Council of the United City of Yorkville From: Kathleen Field Orr, City Attorney Date: August 18, 2011 Subject: Proposals from Imperial Investments, Inc. (the "Developer") for development projects on the City's Downtown TIF The City has received several proposals pertaining to the acquisition, development and redevelopment of properties within the City's "Downtown Redevelopment Project Area" (the "Downtown TIF"). As of this date, such proposals are at the concept level and the Developer will be required to invest substantial sums to be able to present the City with a comprehensive development plan for its review and consideration. The Developers have advised the City that unless financial assistance is available, the proposed projects are not economically viable. In order to preserve their right to request reimbursement of any eligible TIF expenses which are being incurred prior to the negotiation and approval of a Development Plan and a Redevelopment Agreement, the law mandates that the Corporate Authorities acknowledge that a development plan is being undertaken in order to permit these expenses to be "potentially" reimbursable from the future revenues to be received as a result an approved plan and project. The Resolution specifically states at paragraph 2 that all undertakings by the City are contingent upon the City's approval of an agreement for the development of the property. /kms Resolution No. 2011- A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS,TO INDUCE THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN THE YORKVILLE DOWNTOWN TAX INCREMENT REDEVELOPMENT PROJECT AREA WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois Constitution and the Illinois Municipal Code, as from time to time amended (the "Municipal Code") (65 ILCS 5/65-1-1-2, et seq.); and, WHEREAS, the Mayor and City Council of the City (the "Corporate Authorities"), as authorized by the Municipal Code, undertook an eligibility study and report with respect to a redevelopment project and plan for a certain area and based on said report approved a redevelopment project and plan pursuant to Ordinance No. 2006-46 for said specific area designated by Ordinance No. 2006-47 as the Yorkville Downtown Redevelopment Project Area (the "Project Area") and adopted tax increment financing for the payment and financing of redevelopment project costs incurred within the Project Area by Ordinance No. 2006-48, adopted by the Corporate Authorities on June 13, 2006, pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq., (the "TIFAct"); and, WHEREAS, the City has been informed by Imperial Investments, Inc., an Illinois corporation (the "Developer"), that it proposes to acquire certain properties within the "downtown district" of the City, all of which are in the Project Area and comprise approximately 17 acres (the "Subject Property"); and, WHEREAS, the Developer has informed the City that it would like to redevelop the Subject Property by demolishing certain buildings; and rehabilitating certain buildings; and, constructing new buildings for residential and commercial uses (the "Project"); and, WHEREAS, the Developer has also informed the City that the ability to proceed with the Project requires financial assistance from the City for certain costs for improvements that would be incurred in connection with the Development which costs would constitute "Redevelopment Project Costs" as such term is defined in the TIF Act; and, WHEREAS, the Developer would like to incur certain costs in connection with the Project prior to the approval of any ordinance authorizing the execution of a redevelopment agreement pertaining to the Subject Property with the City, wherein reimbursement for such costs may be considered between the parties subject to certain conditions; and, WHEREAS, the Developer desires such costs related to the redevelopment of the Subject Property be able to qualify for consideration as redevelopment project costs that can be reimbursed utilizing tax increment financing, provided that such costs constitute "Redevelopment Project Costs" as such term is defined in the TIF Act; and, WHEREAS, this Resolution is intended to allow the Developer to incur certain costs relating to the redevelopment of the Subject Property that may be considered "Redevelopment Project Costs" as such term is defined in the TIF Act, prior to approval of any ordinance authorizing the execution of a redevelopment agreement pertaining to the Subject Property with the City, subject to the condition set forth in Section 3 of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the above recitals are incorporated herein and made a part hereof. Section 2. That the City Council may consider expenditures that are "Redevelopment Project Costs" as such term is defined in the TIF Act, in connection with the development of the Subject Property incurred prior to the approval and execution of a redevelopment agreement with the Developer, or a successor or assignee of the Developer, to be expenditures that are eligible for reimbursement through the TIF Act in accordance with the redevelopment project and plan for the Project Area, provided that such costs constitute "redevelopment project costs" as defined by the TIF Act; and, that the development of the Subject Property shall be consistent with the redevelopment project and plan for the overall Project Area. Section 3. That all undertakings of the City set forth in this Resolution are specifically contingent upon the City approving and executing a redevelopment agreement with the Developer, or a successor or assignee of the Developer which provides for the development of the Subject Property in accordance with the terms and conditions to be negotiated by the parties. Section 4. That any financial assistance rendered to the Developer by the City shall be contingent upon the authority, restrictions, terms and conditions imposed by the TIF Act. Section S. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. 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 2011. MAYOR C/Ty Reviewed By: Agenda Item Number O� Legal ❑ Mayor#4 Finance ■ EST. , �'� 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant El K � °°. • CC 2011-96 El LE Agenda Item Summary Memo Title: IMET Escrow Account Meeting and Date: City Council—08/23/11 Synopsis: Request to transfer certain escrow funds to account with IMET. 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: Memorandum To: City Council EST. 's3s From: Rob Fredrickson, Finance Director O Date: August 18, 2011 � p Subject: Illinois Metropolitan Investment Fund (IMET) Escrow Account K dA C— -LE ��•~i Currently, the City has three separate accounts at Castle Bank for funds held in escrow for Raintree Park B ($158,404),Yorkville Business Center watermain($55,778)and the 164-B Bertram SSA($15,707). All three accounts have an annualized interest rate of 5 basis points - 0.0005%. It is the recommendation of staff that these accounts at Castle Bank be closed and that the monies be transferred to an escrow account at IMET,which yields a current annualized interest rate of 28 basis points—0.0028%. Please note that these funds would be held at IMET in a separate escrow account and would not be comingled with operating funds. Interest would be allocated to each based on its proportional share of the total and all funds would be readily identifiable on the balance sheet. In addition,by moving these funds to IMET the City will be able to earn approximately six times more in interest income,without sacrificing liquidity or incurring additional risk. Resolution No. 2011- A RESOLUTION AUTHORIZING THE TRANSFER OF ESCROW FUNDS OF THE SPECIAL SERVICE AREA PAYMENT FOR 164-B BERTRAM DRIVE, THE RAINTREE PARK IMPROVEMENTS AND THE YORKVILLE BUSINESS CENTER WATERMAIN IMPROVEMENTS TO A NEW ESCROW ACCOUNT WITH THE ILLINOIS METROPOLITAN FUND Whereas, the City of Yorkville received certain prepayments of funds that are required not to be commingled with City funds but to be placed into a separate escrow account; and, Whereas, the City Council approved Resolution No. 2009-43 on October 13, 2009 that created an escrow account for the prepaid special service area funds for 164-B Bertram Drive; and, Whereas, the City Council approved Resolution No. 2010-1 on January 12, 2010 that created an escrow account for the prepayment of funds for the future Raintree Park Improvements; and, Whereas, the City Council approved Resolution No. 2010-17 on July 27, 2010 that created an escrow account for the prepayment of funds for the future installation of a watermain for the Yorkville Business Center; and, Whereas, the City Administrator has requested that the above escrow accounts be transferred to a new escrow account with the Illinois Metropolitan Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City Administrator is hereby authorized to transfer the funds from existing bank escrow accounts for the prepayments of special service area funds for 164-B Bertram Drive, the Raintree Park Improvement funds and the watermain installation funds for the Yorkville Business Center into a new single escrow account with the Illinois Metropolitan Fund. Section Z That the authorized signatories for the above escrow account shall be the Mayor, City Treasurer, City Administrator and Finance Director and that two (2) signatories shall be required to approve and sign each check for withdrawal from the escrow account. Section 3. That Resolution No. 2009-43, Resolution No. 2010-01 and Resolution No. 2010-17 be and are hereby repealed. Section 4. This Resolution shall be in full force and effect upon its passage and approval as provided by law. 1 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. CITY CLERK MARTY MUNNS DIANE TEELING GEORGE GILSON JR. CARLO COLOSIMO JACKIE MILSCHEWSKI ROSE ANN SPEARS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2011. MAYOR 2 C/T y Reviewed By: J= A 0 Legal Agenda Item Number Finance El Mayor#5 EST. �Z 1836 Engineer City Administrator CiVI ` Human Resources ❑ Tracking Number °°°lfg°a' �0 Community Development ❑ Kentlall County ` Police Cie ❑ CC 2011-97 LE ��'� Public Works 0 City Council Agenda Item Summary Memo Title: Route 47 expansion, intergovernmental agreement Meeting and Date: City Council—August 23, 2011 Synopsis: Agreement between the City and State for funding of the Route 47 expansion. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: ' 0� Memorandum If To: City Council EST. , 1836 From: Bart Olson, City Administrator 4 y CC: on; IF CW1s p Date: August 18, 2011 <—MI Wy'�`� Subject: Route 47 intergovernmental agreement Executive Summary This agenda item is the final draft of the intergovernmental agreement between the City and the State which details the work to be done on Route 47, and who pays for each part of the project. The agreement has been revised since the last time it was in front of City Council in two major ways: 1) certain aesthetic components have been eliminated (at City Council direction) and 2) repayment to the state for the City's portion of the project has been spread over 10 years, instead of 3. Background This item was last discussed at the July 12th City Council meeting. At that meeting, the City Council directed staff to have decorative fencing, decorative handrails, and sidewalk stamping removed from the project to save money. Those changes are reflected in the new agreement, and the total City participation in the project is now $2.3 million(down from an estimated–$2.6 million prior). Budgeting for the cost of the project Of particular note, IDOT has agreed to a 10-year payment period for the City's obligations in the project, at no interest cost(unless we make late payments). This is a substantial development in the negotiations of this agreement, and in our budgeting process going forward. The prior payback period was expected to be three years, which we would not have been able to meet with the River Road Bridge project being accelerated. Mayor Golinski contacted Representative Cross a few weeks ago when it became apparent that the River Road Bridge project had to be accelerated and that we would not be able to pay for both Route 47 and River Road Bridge over the next three years. When the Mayor asked for assistance on River Road Bridge, Rep. Cross made some inquiries at IDOT. Those inquiries resulted in no progress on River Road specifically, but did result in a suggestion from Rep. Cross that the City's financial obligations for Route 47 might be able to be stretched over 10 years (apparently, 10-year paybacks have been done on other projects across the state if the need exists). A couple weeks later, IDOT accepted the payback extension and it has now made it into the draft agreement. Staff recommendation This agreement must be approved by the end of September, which gives us three City Council meetings to review this agreement. Staff from all departments has reviewed this agreement, and we do not have any recommended changes. Thus, staff recommendation is to approve the current draft agreement. Bart Olson To: Paukovitz, Louis J Subject: RE: Emailing: D00081211-08122011144829.pdf Bart Olson City Administrator United City of Yorkville 630-553-8537 direct 630-553-4350 City Hall 630-308-0582 cell bolson @vorkville.il.us From: Paukovitz, Louis J Sent: Monday, August 15, 2011 8:36 AM To: Bart Olson Cc: Broviak, David E; Mestelle, Dan L; Reed, Craig S; Pillion, Karen J Subject: Emailing: D00081211-08122011144829.pdf <<D00081211-08122011144829.pdf>> Hi Bart: Briefly, listed below are key issues contained in the agreement: 1. The most important & notable change to the agreement is the adding of a 10 year (120 payment) plan as means of the city reimbursing the state. (See 2nd "WHEREAS" on Page 2, and paragraphs 5, 6 & 7a thru 7 i. Also, the city's resolution as Exhibit # 3) 2. Stamped concrete and ornamented railing and fencing have been deleted. Coloration of concrete remains as requested by the city. 3. With certain deletions, the estimated engineering & construction cost to the city is now $2.3 million. 4. As cited in the text, the city's payment to the state will be adjusted 3 times. First cost is based on estimated cost. The 2nd cost will be adjusted to the unit prices of the awarded contract times expected quantities. The 3rd adjustment will be made upon completion of the project when final quantities have been determined. Such adjustments can be higher or lower than the current estimate of cost. (See provisions #7 b, c & d) i 5. The drive located near the north side Walgreens is to be transferred to the city street system, as noted in paragraph #33 and Addendums #1 & #2. 6. Be advised that the city council is required to execute the agreement, Addendum #2 resolution to accepting jurisdiction of the drive near Walgreens and Exhibit #3 City Resolution in appropriating funds and agreeing to the terms of the 120 payment plan. Signatures are required of all three sections of the agreement. 7. Exhibits #4 & #5 are respectively parking and encroachment ordinances. Should the city already have these ordinances on the books, it can substitute your ongoing ordinances for those provided in the agreement. 8. Please note all maintenance issues the city is expected to assume following the completion of the various improvements to Illinois 47. 9. Be advised that it is the city's full responsibility to secure all rights of way or easements for road and/or utility work the city has elected to perform beyond the state's construction limits. 10. The city also assumes full responsibility in obtaining reimbursement of federal STPU funds from CMAP via IDOT District One for the emergency pre-emption units. 11. The city needs to have its public works staff in the field often times to monitor all utility adjustments, assist in any water service issues with businesses and residents. City staff will be required to be present for disinfecting and testing of water supply; as each community has differing requirements regarding their water quality. This measure assures water service is constant and acceptable at all times. 12. Various portions of the text were revised accordingly to your comments we received on July 7, 2011. Some of those comments did involve further investigations the city still needed to pursue such as the bio-swales, Jefferson St. near the courthouse, the Mueller Property and hillside. Regarding your question on combination lighting. By policy within urban areas, IDOT assumes roadway lighting only on interstates and major bridge crossings. All other roadway lighting, being it free standing or combination lighting on traffic signal poles, is a local cost. Pre-existing lighting does not weigh into the matter as they are viewed as utilities that are being replaced. The traffic signals are at 80% State/20% Local. Locals pay 100% for mast arm, luminaries and related cable. Combination lighting is optional. Eliminating them removes the need of extended traffic signal poles. The message is ready to be sent with the following file or link attachments: D00081211-08122011144829.pdf Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 2 Ordinance No. 2011- AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE RECONSTRUCTION OF ILLINOIS ROUTE 47 WHEREAS, the United City of Yorkville, Kendall County, Illinois is a duly created, organized, and validly existing municipality of the State of Illinois under the 1970 Illinois Constitution and the laws of the State of Illinois, including particularly the Illinois Municipal Code, as from time to time amended(the "Municipal Code") (65 ILCS 5/65-1-1-2, et. seq.); and, WHEREAS, the State of Illinois has jurisdiction over Illinois Route 47 for its entirety and seeks to make improvements to Illinois Route 47, and; WHEREAS, specific improvements for the proposed roadway include reconstructing the existing two lanes to five lanes, constructing turning lanes, modernization of traffic signals, constructing storm sewer, sidewalks, and shared use trails, relocating watermain and sanitary utilities, and all other appurtenances necessary to complete the reconstruction of the roadway in accordance with State specifications, and; WHEREAS, the City is desirous of said improvements to Illinois Route 47 in that same will be of immediate benefit to City residents and permanent in nature. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The Corporate Authorities of the United City of Yorkville hereby find as facts all of the recitals in the preamble of this Ordinance, as well as the preambles contained in the Intergovernmental Agreement. Section 2. That the Intergovernmental Agreement between the United City of Yorkville and the State of Illinois Department of Transportation, a copy of which is attached hereto and incorporated herein, is hereby approved. Section 3. That the Mayor and City Clerk are hereby given the authority to execute and deliver said Intergovernmental Agreement. Section 4. That the officials, officers, and employees of the City are hereby authorized to take such further actions as are necessary to carry out the intent and purpose of this Ordinance and Agreement. Section S. This Ordinance shall be in full force and effect upon passage, approval, and publication as provided by law. 1 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. CITY CLERK CHRIS FUNKHOUSER DIANE TEELING JACKIE MILSCHEWSKI CARLO COLOSIMO LARRY KOT MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2011. MAYOR 2 Illinois 47 ( FAP 326) State Section (5CS , 13C , 108 , 109) R Kendall County (Bridge Street in the City of Yorkville , IL) C-93-064-05 Contract 66671 Agreement JN 311009 PR L m �j I F NA AGREEMENT This agreement is entered into by and between the State of Illinois , through its Department of Transportation , hereinafter called the STATE and the United City of Yorkville , of Kendall County , Illinois , hereinafter called the CITY . WHEREAS , to facilitate the free flow of traffic and ensure safety to the traveling public , the STATE and CITY are desirous of improving Illinois 47 ( FAP 326) , also known as Bridge Street , located within the city of Yorkville , Illinois , Currently, Illinois 47 consists of a variety of roadway cross sections . Existing pavement sections vary from two to three and four lane widths , some areas having curb and gutter while a good portion of highway retaining rural type cross section consisting of shoulder with open roadside drainage ditches . In general , the subject project involves reconstructing the existing two lane Illinois 47 to a minimum five lane concrete curb and gutter urban type pavement section . Additional turn lanes will also be constructed at various intersections along Illinois 47 where turning movements warrant supplemental turn lanes . Generally, existing pavements will be removed and replaced with PC concrete pavement . Removal of existing pavement will occur on the majority of Illinois 47 (Bridge Street) , Illinois 126 (Schoolhouse Road) , US 34 and all intersecting local roads and commercial/private access drives that are impacted by the reconstruction of the STATE highway . The project also includes modernization of traffic signals with combination lighting , construction of storm sewer, sidewalk and shared use trails , relocation and/or new water main and sanitary utilities and landscaping to enhance the roadway . Southern terminus to the reconstruction of Illinois 47 is at a point located approximately 400 feet north of Illinois 71 and extends northerly 3 . 25 miles ( 173160 feet) to a point located approximately 330 feet north of Carpenter Street, which equates to approximately 990 feet south of Kennedy Road . Portions of Illinois 126 and US 34 will also be improved to complement the work that is to occur on Illinois 47 (see location map attached hereto as Exhibit # 1 ) . This project will also require reconstruction of Illinois 126 from its junction with Illinois 47 easterly for approximately 575 feet. The Illinois 47 project is identified under State Section (5CS , 13C , 108 , 109) R , C-93-064-051 Contract 66671 . WHEREAS , one purpose of this agreement is to provide a general description to the scope of work proposed with this subject project . All desired specific details of type of work , location , dimensions , elevations , items , quantities , materials , etc , are to be obtained from the related design plan sheets , which serve as a supplement to this agreement. The said plans have been provided to the CITY for its review and concurrence . Additional purposes of this document are to provide estimated costs , cost participation between the STATE and CITY , appropriation of funding , commitments to payments and define jurisdictional and maintenance responsibilities of various roadways , utilities and various appurtenances relating to the subject roadway project. WHEREAS , the CITY has secured Surface Transportation Program Urban funds (STPU ) from the Chicago Metropolitan Agency for Planning (CMAP) through the Kane- Kendall County Council of Mayors . The said STPU funding is to be reserved and applied specifically to costs relating to emergency pre-emption units that are to be installed upon new traffic signals that are to be constructed as park of the Illinois 47 project . As in accordance with the CMAP , STPU funding policy, cost share for the emergency pre-emption units is 75% Federal and 25% CITY . Consequently, there will be two separate sources of funding to finance the improvements cited in this agreement. All Illinois 47 project items relating to the emergency pre-emption units are being financed with STPU funds and thereby administered through the Bureau of Local Roads and Streets of the Illinois Department of Transportation , District One office in Schaumburg , Illinois . The STPU funds through CMAP are identified under CMAP TIP #09-94-0036. Billing of the emergency pre-emption is to be directed to IDOT, District One Bureau of Local Roads and Streets . All other (non related emergency pre-emption) items are being funded and administered through the Bureau of Construction of the IDOT, District 3 programmed Federal Surface Transportation Program ( STP) funds . WHEREAS , the CITY is to pay its share of costs of the project to the STATE by 120 payments over a period of 10 years ( 120 months) . Terms of the payment plan are cited in provision 7a through 7i of this agreement. WHEREAS , the CITY is to assume jurisdiction of a portion of pavement section that currently functions as an access drive located on the west side of Illinois 47, immediately south of the Walgreens Store . ( See attached Exhibit #2 , Addendum # 1 and Addendum #2 resolution . ) WHEREAS , the CITY is desirous of said improvements to Illinois 47 in that same will be of immediate benefit to CITY residents and permanent in nature . WHEREAS , the following scope of work for the subject project is proposed : A . Main Line Illinois 47 Road Construction ( 100% State Cost) The majority of the Illinois 47 main line will be constructed to a 66 foot wide concrete urban type curb and gutter pavement section . Existing pavement will be removed . The new roadway shall consist primarily of two through lanes for each direction of traffic and either an additional bi -directional or left turn lane . Outside through lanes will be 13 feet in width while inside through lanes and center turn lanes will be 12 feet wide . Additional right and left turn lanes , requiring wider roadway widths , will exist at the certain intersections that are cited in following paragraphs of this agreement. With the exception of tapering pavement near the north terminus of the project (between Carpenter Street and Kennedy Road) , all of Illinois 47 will be reconstructed of Portland Concrete Cement. The new pavement will consist of 12 inches of granular subbase and 10 inches of PC concrete . A tapering of pavement from the five lane concrete curb and gutter roadway to a two lane rural type bituminous pavement section will begin approximately 100 north of Menard Drive and extend northerly approximately 900 feet to the north terminus of the project . The variable tapering pavement will be widened with 12 inches of aggregate subbase and 10- 1 /2 �� V. „ �. inches of hot Alix bbttu us ion Irpte widening. The existing pavement surface will be milled prior to being resurfaced with 2- 1 /2 inches of hot mix asphalt. Eight foot bituminous shoulders will also be constructed . B . Illinois 47/I11inois 71 Intersection ( 100% Percent State Cost) This intersection is excluded from the subject Illinois 47 project . Reconstruction of Illinois 47 begins approximately 400 feet north of Illinois 71 . Newly constructed concrete pavement and pavement markings will be applied to the very southern portion of the Illinois 47 project to properly match into the existing cross section of the Illinois 47 serving as the north leg of the Illinois 71 intersection . C . Illinois 47/I11inois 126 (Schoolhouse Road) Intersection ( 100% State Cost) As with the mainline Illinois 47, this intersection will be reconstructed as PC concrete pavement : To complement with geometrics of Illinois 47, roadway improvements will extend onto Illinois 126 from the edge of pavement of Illinois 47 to a point approximately 525 feet to the southeast . At its approach to Illinois 47 , Illinois 126 will have a 48 foot roadway width consisting of one exclusive right turn lane , one exclusive left turn lane for westbound traffic , and one through lane for eastbound traffic . All lanes will be of 12 foot and variable widths . A striped pedestrian island will be provided in the northeast quadrant of the intersection to assist pedestrians and cyclists crossing at the intersection . On the north and south legs of the intersection on Illinois 47, the five lane configuration is retained with two through lanes for each direction of traffic, one exclusive left turn lane on the north leg to serve southbound traffic and a bi -directional lane provided on the south leg . D . Illinois 47/US 34 Intersection ( 100% State Cost) This major intersection will be entirely reconstructed with new PC concrete pavement to the same manner as the mainline Illinois 47, consisting of 12 inches of granular subbase and 10 inches of PC concrete . The intersection is to be widened so to accommodate four through lanes , dual left turn lanes , and one exclusive right turn lane on all four legs of the intersection . The widening and addition of turn lanes will require the reconstruction of US 34 from 900 feet west (at Center Parkway) to 1 ,230 feet east of Illinois 47 (at Market Place Drive) . Outside through lanes shall be 13 feet in width and inside through lanes and all turn lanes will be 12 feet wide . Striped islands will be provided on all four legs of the intersection to promote safety and assistant pedestrians/cyclists crossing the highway. ® On the west leg of US 34, a combination of raised median near the intersection of Illinois 47 transitioning to a traversable median will separate opposing traffic movements . These medians will vary from 2 to 15 feet in width . On the east leg of US 34, a raised median will extend from Illinois 47 to approximately 1 , 050 feet to the east. A striped median shall then extend further east to the west approach of Market Place Drive where pavement will taper into the existing two lane roadway east of Market Place Drive . The medians on the east leg of the intersection will have a variable width of 2 to 24 feet. ® On the south leg , a combination of traverse and raised median is to extend from the intersection with US 34 southerly approximately 850 feet to the intersection with Landmark Drive . The median will vary from 4 to 12 feet in width . The standard 13 foot wide outside through lane and 12 foot wide inside through lane and turn lanes will be provided . ® On the north leg , a 4 foot wide raised concrete median is to extend from US 34 northerly approximately 1 , 050 feet to just south of Countryside Parkway. The standard 13 foot wide outside through lane and 12 foot wide inside through and turn lanes will be provided . E . US 34/ Center Parkway Intersection ( 100% State Cosh Generally, existing pavement of US 34 will be removed and replaced with PCC concrete pavement . Reconstruction of the west leg of US 34 will include the intersection with Center Parkway. The east leg of the intersection will include one combination right turn/through lane , one through lane and one left turn lane for west bound traffic , and two through lanes for eastbound traffic . The west leg will include one combination right turn/through lane , one through lane and one left turn lane for eastbound traffic and two through lanes for westbound traffic . Outside through lanes on US 34 will be 13 feet wide and all turn and inside through lanes will be 12 feet in width . The north leg of Center Parkway will consist of one exclusive right turn lane , one through lane and one left turn lane for southbound traffic and two through lanes for northbound traffic . The south leg will consist of one through southbound lane, and one left turn and one through lane for northbound traffic . All lanes will be 12 feet wide . F. Illinois 47/Countryside Parkwav Intersection ( 100% State Cost On the south leg of this intersection , two through lanes , an exclusive right turn lane and dual left turn lanes will serve northbound traffic . This same lane configuration will be provided on the north leg to serve southbound traffic. Two through lanes will serve southbound traffic on the south leg and two through lanes will serve northbound traffic on the north leg of the intersection . The standard 13 foot wide outside through lane and 12 foot wide inside through lanes and turning lanes will be provided . Opposing traffic will be separated by a raised 4 foot wide median on the north leg of the intersection . South of the intersection , a striped median extends approximately 600 feet to a point where a five lane roadway (with a bi-directional turn lane) resumes . On the east and west legs of Countryside Parkway, new curb and gutter will be constructed to the respective radius returns . Lane configuration on the west leg will remain as is with two 12 foot wide through lanes for each direction of traffic . Lane configuration on the east leg will consist of two 12 foot wide through lanes for eastbound traffic, and one right turn lane , one through lane and one left turn lane to serve westbound traffic. All lanes are 12 feet wide . G . Left turn Accommodations at Certain Local Streets Intersecting Illinois 47 (100% State Cost) Exclusive left turn and/or right turn lanes will be provided at the following local streets/commercial entrances that intersect Illinois 47 : the north access drive to the Walgreens Store (located just north of Illinois 71 ) , Fountainview Drive , Green Briar Road , Garden Street, Washington Street, Fox Street, Van Emmon Street, Main Street, Center Street, Spring Street, Somonauk Street, and Landmark Avenue . Most other existing local streets intersecting Illinois 47 will be served with a bidirectional turn lane , unless otherwise described in this agreement . r " , R L = i4'3 I F l+, H . Reconstruction of Local Streets Intersecting Illinois 47 ( 100% Percent State Cost) Due to the revised geometrics and/or profile of a widened Illinois 47, reconstruction of some portions of intersecting local streets will be required . For information purposes , a general account of work on intersecting local streets is given in this agreement (see related detail plan sheets for specifics on proposed construction) . At the majority of intersection locations , most pavement and curb construction will be limited to the radius returns of the local streets in relation to Illinois 47. Exceptions to this are the following intersection locations along Illinois 47 requiring additional roadway work : ® South Main and Elizabeth Streets — Existing South Main Street and Elizabeth Street intersect Illinois 47 at an odd angle . Consequently, the existing intersection of South Main Street will be relocated approximately 100 feet further north to align with Elizabeth Street. New curb and gutter will be constructed for approximately 115 feet along Elizabeth Street and 75 feet along South Main Street to better define the intersection , improve the efficiency and safety of the intersection . ® Fox Street — Due to a required change in profile , approximately 300 feet of the west leg of Fox Street will be reconstructed upon a new profile. The reconstructed roadway is to be 30 to 42 feet in width (face to face of curb) , transitioning from two to three lanes , with two through lanes and a left turn lane at its intersection with Illinois 47. The roadway will be constructed of 12 inches of granular subbase and 6 inches of asphalt. The east leg of Fox Street is to be reconstructed from Illinois 47 to approximately 165 feet to the east. Any existing sidewalk impacted by the work will be replaced . ® Van Emmon Street — Due to changes in profile of Illinois 47, approximately 160 feet of the west leg of Van Emmon Street will be reconstructed . The reconstructed roadway is to be 44 feet in width (face to face of curb) , so to accommodate two 12 foot traffic lanes and 8 foot wide parallel parking lanes on both sides of the street, as currently exist. The roadway will be constructed of 12 inches of aggregate subgrade and 10 inches of Portland Concrete Cement . The east leg of Van Emmon Street will be reconstructed from Illinois 47 to approximately 80 feet to the east. Any existing sidewalk impacted by the work will be replaced . I . Extension of Reconstruction Work on Somonauk Street ( 100% City Cost) The CITY has requested that the east and west legs of Somonauk Street approaching Illinois 47 be reconstructed as part of the STATE's Illinois 47 project. The CITY requests both the west and east legs of Somonauk Street be widened from an existing two to a three lane roadway. Both legs are to be reconstructed as curb and gutter concrete pavement sections . Widening will extend 275 feet to the west with a tapering pavement being overlaid an additional 165 feet further west . The east leg will also be reconstructed as concrete pavement from Illinois 47 to 330 east. Two through lanes and one left turn lane will be provided on both legs. Included in the work on Somonauk Street are adjustments to drainage , utilities , sidewalk and shared use trail . The CITY is to assume all costs relating to improvements to Somonauk Street, beyond the radii returns with Illinois 47 . J . Remainina Intersectina Local Streets ( 100% State Cost) A variety of minimal reconstruction work will be done on the following local street to properly match the newly constructed Illinois 47. Any improvements to these local streets will be accomplished with hot mix asphalt . These streets are Fountainview Drive , Green Briar Road , Garden Street , Beaver Street, Colonial Parkway, Orange Street, Washington Street, Hydraulic Street , River Street, North Main Street, Center Street, Spring Street , Somonauk Street , Park Street, Apple Tree Court, Walnut Street , Landmark Street, Menard Street, and Carpenter Street (details on each specific intersection are shown in the related design plans) . K . Elimination of Cross Traffic at H draulic Street River Street and Other Locations ( 100% State Cost) Due to the close proximity of these two streets to the Fox River Bridge , vehicular traffic crossing Illinois 47 will be eliminated at Hydraulic and River Streets . Both legs of Hydraulic Street intersecting Illinois 47 will be reconstructed to allow only right- in and right-out turning movements . The same situation will be applied to the west leg of River Street. A raised median will be constructed on Illinois 47 at both Hydraulic and River Streets preventing motorists from driving across Illinois 47 at these intersections . Other right-in , right-out entries will exist at several local street/commercial drive locations along Illinois 47 . These locations include the south Walgreen access drive , a commercial drive on the west side of Illinois 47 located approximately 450 feet south of Green Briar Road , access drives located between Landmark Avenue and US 34 serving the south Walgreens/Block Buster stores on the west and Jewel Osco shopping complex on the east, north of US 34 , access drives serving the two gas stations and Menard Street. Similar entries will also exist along US 34, west of IL 47, on the north side serving various eateries and an entry serving the Walgreens . On the east leg of US 34, entries to the Jewel Osco retail complex, Ace Hardware Store on the south side and gas station on the north side also will have right- in , right-out access drives . L. Fox River Bridge/Structure # 047-0048 (100% State Cost) Minor deck patching work, cleaning and some painting of the structure is proposed . The existing roadway width of the bridge is sufficient to restripe lane configurations to provide four 12 foot wide through traffic lanes . Five foot wide sidewalk on both sides of the structure will provide pedestrians access across the Fox River. M . At Grade Railroad Crossing UDarade 100% State Cost) The existing at-grade crossing of Illinois 47 at the Illinois Railway tracks will be reconstructed to properly match the widened Illinois 47. The profile of Illinois 47 will be modified to improve the rideability of driving over the tracks and extend the durability of the crossing as load impact from trucks onto the crossing will be less . Reconstruction will include new crossing gates that will be interconnected to signals at Van Emmon Street. Railroad crossing work will be accomplished under a contract separate from the contract for the rest of the Illinois 47 project. N . Traffic Signals (Variable Cost Share - See Cost Table) All existing traffic signals located along the impacted portions of Illinois 47 and US 34 will be replaced with new signals . Cost of the replacement traffic signals are to be shared between the CITY and STATE . Cost shares differ depending on specific location and how many intersecting legs are involved . Costs for each specific location are cited in the cost table found below in paragraph #3 of this agreement. O . Combination Roadway Lighting/Coloration of Signals & Lighting ( 100% City Cost) At the request of the CITY , at selected four locations , new traffic signals , controller cabinets , and combination roadway lighting are to be coated with a black coloring . These specified four intersections are along Illinois 47 at Illinois 126 (Schoolhouse Road) , Fox Street, Van Emmon Street, and Somonauk Street. Coloration of the traffic signal fixtures is beyond the STATE's standard of galvanized poles , signal and lighting units and controller cabinets . Consequently, all costs associated with upgrading signals beyond the STATE's standards will be at 100 percent CITY cost. Traffic signals currently exist on Illinois 47 at Fountainview Drive , Illinois 126, Fox Street, Van Emmon Street , Somonauk Street, Landmark Avenue , US 34 and Countryside Parkway. Traffic signals currently serve on US 34 at Center Parkway and Marketplace Drive . P . Emergency Pre- Emption Units (75% Federal/25% City Cost) To safely assist emergency vehicles through traffic , emergency pre-emption units will be installed at all intersections where new traffic signals are to be constructed . The CITY has secured Surface Transportation Program Urban (STPU ) funds through the Kane- Kendall County Council of Mayors . The STPU funds are to be applied to financing the cost of the pre-emption units at a 75 percent federal/25 percent city cost share . The STPU funding is identified in the CMAP TIP as Item #09-98-0102. All billing for the pre-emption units is to be directed and routed to the Illinois Department of Transportation ( IDOT) District One office , Bureau of Local Roads and Streets in Schaumburg . Billing to the CITY for its share of cost for the emergency pre-emption units will be processed through the IDOT offices of District One and the IDOT Central Office in Springfield . IDOT District 3 in Ottawa is not involved in the processing of payment for the pre-emption units . This STPU is separate funding source and not administered by the Illinois Department of Transportation District 3 office . ff 1S ~ I n IM 1W t w x F g A ,, a - , 1 _ P A L Q . Safety Accommodations for Pedestrians/Cyclists (Similar to Traffic Signals Cost Shares Will Var Pedestrian push buttons will be provided at all intersections where traffic signals exist . At the more congested intersections where wide pavements exist, in addition to push buttons , islands will also be provided to assist pedestrians and cyclists in safely crossing the highway. R . Crosswalk Flashing Beacon Units ( 100% City Cost) The CITY has requested the installation of two crosswalk flashing beacon units to assist school children/pedestrians crossing Illinois 47 at Orange Street (Stations 20+329. 6 LT and 20+331 . 6 RT) . These units will be at 100 percent CITY cost. S . Shared Use Trails (80% Federal/20% City Cost) Proposed as part of this project is construction of an extensive 10 foot wide hot mix asphalt shared use trail for pedestrian , cycling and a variety of recreational uses . The said trail will be constructed of 6 inches of aggregate and 2 1/2 (64 mm) inches of asphalt . Shared use trails are to be constructed at the following locations along Illinois 47 , Illinois 126, and US 34: ® On east side of Illinois 47 from Fountain View Drive extending northerly to Illinois 126 (Schoolhouse Road) ® On the north side of Illinois 126 ( Schoolhouse Road) from Illinois 47 easterly to the west drive serving the Yorkville intermediate school . ® On the west side of Illinois 47 from Somonauk Street northerly to Countryside Parkway. a On the east side of Illinois 47 from Countryside Parkway northerly to Kennedy Road . T . Sidewalk 80%Federal/20% City Cost) Proposed as part of this project is the construction of sidewalk along affected portions of Illinois 47, Illinois 126, and US 34. Some areas involve the replacement of existing sidewalk impacted by the widening of the highways . In other areas , sidewalk is to be constructed where it does not currently exist . Some areas of sidewalk construction is omitted since sidewalk currently exists that was constructed as part of the previous development of adjoining commercial properties . Five foot wide concrete sidewalk is to be constructed at the following locations : ® On the west side of Illinois 47 from near the south limits of the project (at the entrance to the south Walgreens) northerly to Garden Street. On the west side of Illinois 47 from approximately 100 feet north of Beaver Street northerly to the south approach to the Fox River Bridge . 0 From the south approach to the Fox River Bridge northerly to the north side of Main Street. ® On the west side of Illinois 47 from the south side of Center Street northerly to the south side of Somonauk Street. ® On the west side of Illinois 47 from just north of Menard Street northerly to a point located approximately 600 feet south of Kennedy Road . ® On the east side of Illinois 47 from Illinois 126 ( Schoolhouse Road) northerly to the south approach of the Fox River Bridge. ® On the east side of Illinois 47 from the south approach of the Fox River Bridge northerly to the north side of Walnut Street. ® On the north side of US 34 from Illinois 47 westerly to Countryside Parkway. Due to current physical conflicts and/or lack of easements , the CITY has committed to upgrade this sidewalk to a shared use trail at a future date (see city commitment letter attached hereto as Exhibit 9) . ® On the south side of US 34 from Illinois 47 westerly to Center Parkway. ® On the south side of US 34 from Illinois 47 to approximately 365 feet to the east. ® On the south side of US 34 from a point approximately 880 feet east of Illinois 47 (just east of the Ace Hardware Store) easterly to Marketplace Drive . ® On west side of Illinois 47 on modified sloped hillside located between Van Emmon Street and Fox Street. See provision "DD" below under "Modifications To Slope of Hill Side" for greater detail . U . Sidewalk Alona East Edge of Park: ( 100% City Cost Subject to 80% Credit Reimbursement By State The CITY will construct a standard five foot concrete sidewalk along the east edge of Public Square Park located between Main and Center Streets . The STATE will credit the CITY for the cost of the sidewalk. The credit will be applied against the CITY's share of cost for the Illinois 47 construction project. V. Colored Sidewalk in Downtown Area ( 100% City Cost for Difference Items Beyond State Standards) The CITY has elected to have constructed colored sidewalk on both sides of Illinois 47 between Van Emmon Street and Hydraulic Street. At other locations where the walkway is within 5 feet behind the curb , the CITY also has requested coloration of the first 2 feet of all sidewalk that adjoins the back of curb to the highway. Sidewalk shall vary from the standard 5 foot to 7 foot widths due to the wider walkways in the downtown business district and need to construct required ADA ramp walkways . The CITY will assume 100 NIA r T a 1 RM 12 Al I Wl Q, �, - " , i ZA :. w percent of all cost of the coloration of walkway exceeding the STATE's standard 4 inch depth concrete sidewalk . W . ADA Ramp Walkways/Fencing ( 100% State Cost) ® The American Disabilities Act (ADA) requires access to entries of residential/businesses establishments from sidewalks . Due to the sloping grade of the area , elevated ramped sidewalks will need to be constructed on both sides of Illinois 47 between Van Emmon and Hydraulic Streets . The said ramps will necessitate the elevating of the walkway and thereby the need of installing railing on the ADA ramps . Cost of the ADA walk ramps is at 100 percent state cost. Standard railing would beat 100 percent STATE cost . A fox figurehead ornamentation the CITY had initially requested is to be deleted from the plans as directed by the CITY . The STATE will assume 100 percent cost of installing the alternative standardized galvanized railing . Further , the CITY requests a colored fascia applications be added to the sides of the raised ramped ADA sidewalks . The CITY will assume 100 percent of the cost differences between the STATE's standard concrete design versus all upgrading colored concrete that the CITY requests . X . Barrier Walls 000% State Cost/ 100% City Cost of Difference for Decorative Exceeding State Standard) At the request of the CITY , barrier walls to be constructed between Van Emmon Street and Hydraulic Street are to be colored and stamped with an upgraded Texas type bridge rail . The CITY will assume all costs that exceed the STATE's standard concrete type parapet barrier wall . Such costs to be assumed by the CITY are coloration and stamping of the concrete barrier wall in lieu of the STATE's standard concrete parapet. Y . Topsoil and Seed Medians ( 100% State Cost) In lieu of concrete raised median , the CITY has requested sod median to accommodate future landscaping to be done by the CITY . Due to similar costs involved , the STATE will assume full cost of the topsoil and seed median on the condition that the CITY assumes all future maintenance of the raised median . CITY' s landscaping of the said median will be accomplished in the future under a STATE permit and is not a part of this project contract. Z. Colored Crosswalks : ( 100% CITY Cost) At the CITY' s request , crosswalks located within the downtown area are to be constructed of colored concrete . The CITY will assume all costs that exceed the STATE' s standard concrete pavement and striping . AA . Foundations and Conduits for Future Decorative Lighting in Downtown ( 100% City Cost) At the CITY's request, the STATE will include in its roadway plans and construct conduit and foundations to accommodate decorative lighting in the downtown area that the CITY is to install in the future . Actual installing of the lighting fixtures is not a part of this project contract. CITY is to provide all plans identifying all locations and type material to be constructed ; and that all items meet all federal and STATE roadway lighting requirements . BB . Modifications to the Slope of Hillside and Vacation/Removal of Jefferson Street { 100% State Cost) So to eliminate the need of a high retaining wall similar to the one that currently exists located on west side of Illinois 47 between Fox Street and Van Emmon Street , the present hillside will be cut back to a more gradual slope that can be better landscaped and mowed . To accomplish the needed grade and provide proper drainage of the affected area , a north portion of Jefferson Street (located between Madison and Ridge Streets) is to be vacated and permanently removed . An approximate 365 feet of remaining portion of former Jefferson Street ( recently vacated as a plated city street) will be widened an additional 13 feet. Widening will consist of 4 . 5 inches of asphalt base course and resurfaced with 1 .5 inches of asphalt surface course . A concrete curb and gutter will also be constructed on the widened side . Storm sewer will be constructed to properly route drainage from the area . Water will be routed down the hill and connected into storm sewer that is to be constructed along the west side of Illinois 47 . Five foot wide concrete sidewalk will be constructed to provide pedestrian walking between the top of the hill and Illinois 47. The CITY is to retain jurisdiction of Jefferson Street at all times . The described work is viewed as widening of a local street required and linked to the Illinois 47 project. Consequently, Jefferson Street remains under CITY jurisdiction . Further, the CITY is to assume full jurisdiction of the storm sewer and the described sidewalk since both items are located on the hillside and on the STATE right of way. CC . Storm Sewer ( 100% State Cost) Storm sewer will be constructed throughout the project to collect and route water runoff from highway pavements . Storm sewer will exist along Illinois 47 and 126, US 34 and short segments off various local streets that intersect and drain toward the state highways . Locations of the storm sewer trunk lines and the direction water is to be routed will widely vary throughout the project, dependent on locations . Storm sewer may be present on one side or the other, and at locations on both sides of the highways . Numerous cross under feeder storm sewer that collect and direct runoff to the trunk lines exist throughout the project. Details of the storm sewer system ( locations , sizes , etc . are cited in the storm sewer schedule of the related project design plans) . DD . CITY Owned Storm Sewer (Various Cit /r� State Cost Share At various locations , the STATE's road and storm sewer construction will conflict with existing CITY owned storm sewer. Adjustments to the storm sewers will be required . Most adjustments located within the STATE right of way will be at CITY cost. The STATE assumes all costs for utility adjustments required outside the STATE right of way. EE . CITY Storm Sewer Stubs 100% City Cost) The CITY has requested that the STATE construct storm sewer stubs to receive runoff from areas beyond the state highways . The CITY has provided the hydraulic calculations and has assured the added discharge will not adversely affect the capacity flow of the STATE's storm sewer system . The CITY will assume full cost of the storm sewer stubs to be constructed at four locations ; namely, three stubs along Illinois 47 just south of Washington Street and one just north of Van Emmon Street. FF. VegetatedlBio- Swales ( 100% State Cost) The CITY has elected to utilize vegetated open channel drainage ways , also referred to as vegetated bio-swales , which serve as a multi- purpose drainage feature . While retaining storm water runoff and providing natural conveyance of water back into the ground , proper vegetation and maintenance of this feature also provides filtration of water where pollutants can be removed . Approximately 40 bio-swales are to be constructed throughout the project area . The STATE will assume full costs of purchasing the needed permanent easements and constructing the swales ; with the stipulation that the CITY assume all future responsibilities and costs of maintaining and/or repairing the described bio-swaeee GG . CITY Water Main (City./State State Cost Share The CITY has provided the STATE all items and plans relating to the CITY owned water main that will be affected by the subject highway project . This information is being integrated into the final highway plans . All water main currently located within the STATE right of way is to be relocated and/or adjusted at 100 percent CITY cost. All water main located outside the STATE right of way, requiring relocation and/or adjustment due to Illinois 47 reconstruction , will be at 100 percent STATE cost. At the request of the CITY , some additional/optional water main runs are to be extended off the project limits . This work is to be at 100 percent CITY cost , which includes the main lines , service lines , valves , boxes , casings and all other related items required to assure full serviceability of water to CITY residents . Further, for all water mains extending off the project limits , the CITY is fully responsible for obtaining all necessary easements and authorizations to enter onto properties . The CITY is also responsible for obtaining all necessary EPA permits and is required to oversee installation of water mains and coordinate any and all matters in staging water service to affected residences and businesses . HH . Water Main Relocation/Readjustments at Washington and Orange Streets (100% State Cost Existing water main crossing under Illinois 47 (Bridge Street) at Washington and Orange Streets predates the state' s jurisdiction of the highway. Consequently, the STATE assumes 100 percent cost of all water main relocation/readjustment at this locale . 11 . Sanitary Sewer (City/State Cost Share) All sanitary sewer currently located in the STATE's right of way and requiring relocation and/or adjustments will be at 100 percent cost to the CITY . All optional sanitary sewer work the CITY requests will be at 100 percent CITY cost . All CITY owned utilities on STATE right of way within the limits of the STATE' s improvement, which are to be relocated and /or adjusted under the terms of this agreement, will be relocated/adjusted in accordance with the applicable portions of the "Accommodation of Utilities of Right of Way of the Illinois State Highway System " (92111 . Adm . Code 530) . All sanitary sewer currently located outside the STATE's right of way and being impacted by the STATE's construction will be relocated and/or adjusted at 100 percent STATE cost. The CITY will assume full responsibility of obtaining all necessary EPA permits and meeting all EPA directives , policies and guidelines . JJ . Landscapina (City/State Cost Share) Upon completion of construction activity , the STATE will provide the necessary grading and apply its standard applications of ground cover to reestablish growth of a variety of grasses as a measure of erosion control , landscaping and enhancement of grounds disturbed by construction activity. The CITY has requested that grass seeding be applied in lieu of sodding areas . Consequently, the STATE will assume all cost of seeding the areas and will maintain the said areas for a minimum of one full year from the completion of the seeding , to assure grass growth has been established . The STATE will further repair and reseed any areas where ground cover has failed to take hold . The CITY has requested that some portions of medians consist of seed in lieu of a concrete surface . The STATE will provide topsoil and seed in certain median locations as cited in the related design plans . Ground cover will consist of the STATE's standard grass seeding . Providing the sod median areas is contingent upon the CITY agreeing to assume all future maintenance of the sod median which includes but not necessarily limited to planting grass and/or foliage , mowing , trimming and routine other maintenance ; and any required replacement of dirt or plant life . The CITY has agreed to assume all responsibility and cost of landscaping in seed medians and various locations along Illinois 47 and 126 and US 34 within the STATE's right of way . All CITY landscaping is to be implemented by CITY forces and/or a CITY approved contractor after the completion of the STATE's highway improvements relating to this subject project and contract. The CITY will be required to apply for a STATE permit and agrees to allow the STATE to review and approve all landscaping the CITY proposes along the STATE's highways . KK. Traffic Protection , Staging and Detouring of Traffic ( 100% STATE Cost) Due to the large scope of work involved with this project, a wide variety of construction/traffic staging , temporary lane and access restrictions will be in effect. This includes a signed detour of trucks to utilize Illinois 71 and US 34, temporary utilization of Countryside Parkway as a detour route and flagging of single lane traffic requirements . Reconstruction of intersecting CITY streets and commercial/residential access lanes will require some temporary closure or staging of access as pavements are reconstructed . LL. All other work necessary to complete this project will be performed in accordance with the approved related plans and specifications . WHEREAS , the CITY is desirous of the said subject project in that same will be of immediate benefit to CITY residents and permanent in nature . NO w,�' 3 � '� n '%y 9 t3' pa ", MUK� }` WITNESSETH [ r, 1 NOW THERFORE , in consideration of the mutual covenants contained herein , the parties agree as follows : 1 . The STATE agrees to make the surveys , prepare plans and specifications , obtain the necessary rights of way, receive bids and award the contracts , furnish engineering inspection during construction and cause the improvement to be built in accordance with the approved plans , specifications and contracts . 2 . The CITY agrees to provide the STATE all pertinent information relating to CITY owned water main that requires any relocation and/or readjustment; at no cost to the STATE. The STATE agrees to integrate the CITY's water main details into the project plans . 3 . The STATE agrees to pay all right of way, utility, construction and engineering costs , subject to reimbursement by the CITY as hereinafter stipulated . Work Item Total Cost Federal State City Ma�nl ne IL4t f dad way coh ,' Aditit $35, OUO,t}00 $ S,00000 $7,OOC1,000 r $0 .>: (wit ening two to five lane) ir�Clu �n curb „ :80°t°) and guttor, storm 'sewer Also, ail work required or ; US 34 , lL 25, and; (ocai ;street: .; corinectioris , etc: excep# #or Somonauk 'Street. Deck Patching & Misc . Structure Repairs $ 125 , 000 $ 1007000 $25 , 000 $0 to Fox River Bridge (80%) (20%) Traffr Signals IL 47 @ frount� inu�ew $ 1x0 ,000 $ 1t1y000 $ 1;5,000 $ 15;000 Combination Roadway Lighting $ 14 , 000 $0 $0 $ 14, 000 ( 100%) T raff ic Signals: IL 47 C ; 1L 26 - $ 180,000 $1.44,000 $36, 000 ' $0 Combination Roadway Lighting $ 11 , 000 $0 $0 $ 11 , 000 ( 100%) Traf€ic Signals IL 47 @l=ox Street $`200;004 $160,000 $20,000. $ 0;000 0/01 , Combination Roadway Lighting $ 14 , 000 $0 $0 $ 14, 000 ( 100%) � # FA s c.. P, buy � kt � yy REM,- i Work Item Total Cost Federal State City Traffic Signals . IL 47 ; Vari $200, 000 $ 160;000 $20,000 $20, 000 Emmon Street Combination Roadway Lighting $ 14, 000 $0 $0 $ 14, 000 ( 100%) Traffic Signals; ( L 47 : $2Q0;000 $ 160;000 $20,O00 $20QOQ Sorn nauk , Ot Combination Roadway Lighting $ 14, 000 $0 $0 $ 14, 000 ( 100%) Traffic S�gna(s �L 47 @ Lanrnark $200;000 „ $ 1601000 $20;000 $20;000 A Combination Roadway Lighting $ 14, 000 $0 $0 $ 147000 ( 100%) Traffic Signals IL 47 ;C US 34 $25Q,000 $208;000 $50,x00 $0 Combination Roadway Lighting $ 14,000 $0 $0 $ 149000 ( 100%) Traffic S�gn [s iL 47 @'< $200,000 $ 160;000 $20,U00 $20000 Co I I ry ld Parkway ; _ % . . { fit}%) Combination Roadway Lighting $ 14, 000 $0 $0 $ 14, 000 ( 100%) Trafficigna(s: IL 47 @Center $200, 000 $160; 1)00 $�OoOo $20;000 Parkway 180%} ( 10°/n) {10°l°) Combination Roadway Lighting $ 15 ,000 $0 $0 $ 15 ,000 ( 100%) Uptior�al Emergency Pre Emptton $72,Q00 $54,000 $Q $ 18,000 Untfs at 9 lterectien , :Totel 6 {75°l°) { 5°I°} Units ; Elected ay the City EAU GIAP {EAU Funding CMAf' Funcii�ng) New Elective 5' Concrete $31 Q , 000 $248 , 000 $0 $62 , 000 Sid ewalk (Where None Currently (80%) (20%) Exists) Sidewalk Replacement °(Loeafions $ 80;000 $ 144,004 $36, ()00 $0;' of Existing Sidewalk (rripacted by ($0°I°j Road; Prefect) Work Item Total Cost Federal State City Elective 10' Wide Hot Mix Asphalt $2705000 $216 , 000 $0 $54, 000 Shared Use Trail (80%) (20%) 10' ;Fiot Mir Asphalt Shared Use $20 ; 000 $ 16;000 _ $4000 $0 Trail in Lieu of 5' Concrete Sidewalk Relocation of Water Main that $970 ,000 $0 $0 $9705000 Post Dates State Highway ( 100%) ( Includes Mainlines , Service Lines , Valves Hydrants , Etc . ) Relacationso# Water Main `." $42 , 000 $33,600 $8,40 $0 Predating State Highway at X80%t Washington & ,Orange Streets`; . Sanitary Sewer Relocation to Meet $320 , 000 $0 $0 $3207000 IEPA Requirements ( 100%) Storm Sewer Stubs at Three $ 1 ,5{ 0 $0 $0 $ 1 ,600 Locations ;Requestgd l3 City` Concrete Color Additive for $ 193000 $0 $0 $ 19 , 000 crosswalks , Sidewalks & ADA ( 100%) Curb Ramps at Locations Specified by City g . 9 $20,000 $0 $0 $26;000 Colorizin of l raff�c S� nal Poles, Mast Arm Roadway L�giit�ng ( 106°/4) Controller C abinet (Ryond State's rr 5tarizard) ,` Galvanized Fencing $43 ,000 $34 ) 400 $8 , 600 $0 e ( �} (80%) (20%) .y� G�{IYahiZ-bd ; landlatl $60}OOV 4tt,g00 r . W lfl,OflO $0 ; y}) Z 2a ROOM p 0 i ✓4 .-c.... r � 1 F i k9 IM '44 'm C'`' P Y '�''. " k rSyi Work Item Total Cost Federal State City Optional Texas Type Barrier Wall City elects 430 lineal foot of "Texas 6 � ( type rail" concrete barrier wall between traffic lanes and walkways in downtown P � at $900 per foot. State's standard concrete parapet wall is @ $450 per yard , which equates to 50% city's cost of city's optional Texas barrier. City's Estimated 50% of Cost for Texas $65 ,000 $0 $0 $65 ,000 Type Barrier Wall ( 100%) State ' s Estimated 50% of Cost for $653000 $523000 $ 13 , 000 $0 Texas Type Barrier Wall (80%) (20%) Optional Form Liner Texture Surface to $'1 ,000 $0 $0 $1 , 000 Vertic i .Faces of Abk F amen {:100°l0) .;, Optional Foundations & Conduit City elects concrete foundations and $ 125 ,000 $0 $0 $ 125 , 000 underground conduit for future ( 100%) roadway lighting between IL 126 and Spring Street , City's Optional Crosswalk Flashing $ 18 , 000 $0 $0 $ 18 , 000 Beacon at IL 47 & Orange Street ( 100%) omona0k Street Reccristructon e C)tyElects #o RecQnstruct�on 1±'ortions $84,000 ; 0 $84, 000 of It's Street East & West of ;IL _ ( 100%0) 47 ell Subtotals $39, 704, 500 $30 , 362 , 000 $71326, 000 $2 ,016 , 500 Pr � , , , , 0 $302,475 67 rg .0�n �nary & Corcic � El @ 1 `�la Land Acquisition $79500 ,000 $0 $7, 500 ,000 $0 Ut�laties , 51 ,000 < t1 $50,0{3a $0 xy E Work I em ' Total Cost Federal State City Subtotal $53 , 210 , 175 $34, 916 , 300 $ 15 , 974, 900 $2 , 318, 975 ; Charge to :S#a#e to Crodt Ct#y to $8 ,000 $6, QU $ 1 , 60Q $0 ;` construct ewalk Alorig Easy (80°l) Edge° af P"ark Grand Totals $53 , 218, 175 $347922 , 700 $ 151976 , 500 $2 , 3183975 Credit fo be Applied Against Credit to $8,000. +ty city East Edge of l�arlc on Final Bill to City �.. . _ . Cost to City $233101975 Say $29311 ,000 Reconstructfon\ o `At Grade Rai! $500 ,000" $0 $504,000 $4 . Crossing of1 ' IL 4T& Illirios { 100°! ) paiiWy, Inc Track (To be Gone ort 5eparate: Contirac#) The CITY's share for traffic signal installation/modernization at locations cited in this agreement will not exceed 125 percent of the total local share estimated cost of $ 135 , 000 plus the 15 percent charge for engineering . ( NOTE: The 125 percent maximum cost applies only to traffic signals and no other items of this contract that the CITY is to share in costs . ) Cost of combination roadway lighting is above the STATE's standard of traffic signals , consequently the mast arms , controller, cables , luminaries and colorization of any of these items are at 100 percent CITY cost . 4. The CITY's cost participation shall be predicated on the percentage proration shown in the above cost table for the specified work. The CITY's cost shall be determined by multiplying the final quantities , times the awarded contract unit prices , plus an additional 15 percent charge for preliminary and construction engineering . 5 . The CITY agrees to pass and approve a resolution appropriating $2 ,311 , 000 to reimburse the STATE for the CITY's share of cost for work described in the provisions of this agreement and cited in the related project design plans . The CITY further agrees to pass and approve appropriation of an additional $ 18,000 which represents the CITY' s 25 percent funding match to STPU fund program to be applied to the cost of emergency pre- emption units on all traffic signals that are to be constructed and/or modernized in conjunction with this subject project. This is included in said resolution attached hereto as Exhibit U . 6 . The STATE and CITY mutually agree to a 10 year time period ( 120 payments) for the CITY to complete its full reimbursement to the STATE for the city's share of cost relating to this subject project . z' NO f a t i 7. The CITY hereby agrees to the terms of the said 10 year payment plans areas follows : a . The CITY agrees to 120 payments to the STATE within a 10 year period (based on 12 months per year times 10 years) . b . The CITY agrees to an adjustable dollar value of the 120 payments it pays to the STATE so to better reflect anticipated changes to the CITY's cost share related to the subject project . As cited in the above cost table , the CITY's estimated cost is $2 ,311 , 000 . Based on this estimated cost divided by 120 , the CITY's estimated cost of each payment is $ 19, 258 . 33 . However, awarded bid unit prices and unforeseen changes in quantities and/or scope of work will most likely result in a different actual cost to the CITY . Consequently, the CITY's estimated billing payment will need to be adjusted to better represent real costs , based upon the bid unit prices of the awarded contract times anticipated quantities cited in the plans . The resulting invoice billing to the CITY can be higher or lower than the current estimated $ 19, 258 . 33 payment. c . It is mutually agreed that the STATE`s billing to the CITY shall commence following award of the STATE's Contract #66671 . The CITY's payment to the STATE will initially be based upon the bid unit prices of the awarded contract times anticipated quantities cited in the project plans . The CITY agrees this figure can be adjusted due to changes in scope of work and/or quantities . d . The STATE and CITY mutually agree that at or near the 36"' month of the payment plan when the subject project is completed and approved by the STATE , contract is finaled and final costs are known , the STATE will adjust the CITY's bill to an equal payment applied to the remaining life of the 10 year payment plan . This last monthly variable cost adjustment will be based on the bid unit prices of the awarded contract times final quantities that are applicable to the CITY share cost, plus any outstanding cost balance the CITY owes to the STATE . e . The CITY agrees that the CITY's final costs will be based on the bid unit prices of the awarded contract and final quantities . f. The CITY pledges to have adequate funding made available to pay the required 120 payments to the STATE , currently estimated at $ 19 ,258 . 33 , yet subject to another adjustment payment amount following award of the contract and completion of the contract . g . The CITY agrees that the STATE reserves the right to extract funds from the CITY's Motor Fuel Tax Allotment should the CITY fail to meet the required payments . (As of July 2011 , the CITY's monthly MFT allotment is $35 ,254. 23, with a current balance of $331 ,484 . 97. ) The CITY remains obligated to pay the balance due in accordance with the terms of this agreement. h . The CITY acknowledges that pursuant to Public Act 96- 1435 , debt which is outstanding and not adhering to the said 120 adjustable payments can result in a minimum 10 percent of the balance due and must be assessed interest at the same rate as permitted in the State Prompt Payment Act. i . The CITY acknowledges that the CITY's failure to meet the terms of this payment plan is a violation and breach of this agreement and shall establish a presumption in favor of the STATE to exercise all available measures of the Illinois Department of Transportation to recover any required funds from the CITY, and by means of the full extent of the law. Such matters will be referred to the Illinois Department of Transportation , Bureau of Claims . 8 , The CITY agrees to assume full responsibility of securing the STPU funds and coordinating the billing and payment for proposed emergency pre-emption units to be installed on traffic signals that are to be constructed as part of the subject project. Reimbursements shall be obtained through the IDOT District One office in Schaumburg , Illinois . Submittal of billing for the said emergency pre-emption units shall occur upon completion of their installation . 9. It is mutually agreed by the STATE and the CITY that all CITY owned streets and/or alleys that intersect Illinois 47 and 126 and US 34 and are impacted and thereby reconstructed by the STATE due to the highway project, will remain under the jurisdiction of the CITY at all times . 10. The CITY agrees to assume all cost of improvements on Somonauk Street that extend beyond the radii returns with Illinois 47. These CITY improvements were added to the STATE's contract at the request of the CITY. The CITY further agrees to obtain all necessary easements along Somonauk Street so to accommodate the requested reconstruction of roadway. The STATE reserves the right not to provide the said extension work on Somonauk Street should the CITY fail to secure the necessary easements and/or right of way. 11 . The CITY agrees to assume all costs relating to all required relocation and/or adjustment of CITY water main , sanitary lines and any other utilities currently located within the STATE right of way, due to the STATE's subject project. All relocated and/or adjusted CITY utilities remain the jurisdiction of the CITY. 12 , The CITY agrees to assume all cost of CITY optional utility installation , relocation and/or adjustments the CITY elects to implement beyond the STATE's right of way. The CITY further assumes full responsibility of securing all easements for all optional utility work. It is mutually agreed that the STATE's contractor reserves the right not to provide the CITY's optional installation , relocation , and/or adjustments of utilities should required easements are not secured . STATE will provide all documentation . 13 . The CITY agrees to obtain all necessary EPA permits and provide or cause to provide all necessary field inspection of the placement of all new water main and service lines and coordination with STATE personnel , residents and businesses affected by the proposed water main work, at no cost to the STATE. The CITY further agrees to be present and observe the contractor's hydrostatic and disinfectant testing of water main and related appurtenances, at no cost to the STATE . Presence of a CITY representative overseeing city utility relocation/adjustment is critical to assure proper installation , required alterations in plans in the field due to unforeseen problem , minimizing disruption of services to businesses and residents and assuring operations of the utilities that meet CITY standards and CITY expected levels of service . The CITY further agrees to provide such presence of field inspection during the construction of all CITY owned sanitary lines and all other CITY utilities , at no cost to the STATE . 14 . The STATE agrees to assume all costs of relocating and/or adjusting all CITY owned utilities that are impacted by the STATE's subject project that currently exist beyond the STATE' s right of way. 15 . The CITY agrees to exercise its franchise right to cause private utilities to be relocated at no expense to the STATE . 16 . The CITY agrees to assume full maintenance of the vegetative/bio swales upon completion of their construction . The CITY' s responsibility of the said bio-swales includes , but not necessarily limited to drainage , planting , landscaping , mowing , trimming , insect abatement , litter/debris clean up , repair, cleaning , security, safety (pedestrian and motorist) , avoiding sight obstructions , etc . 17. The CITY agrees that upon completion of the project to maintain all storm sewer and appurtenances by performing those functions necessary to keep the sewer in serviceable condition , including cleaning sewer lines , inlets , manholes , catch basins along with repair or replacement of inlet, manhole and catch basin frames , grates or lids . The CITY further agrees to repair and/or reconstruct structural failures to a maximum length of 12 feet between adjacent manholes . 18 . The STATE agrees to assume responsibility for repairs and/or reconstruction of storm sewer system that exceeds the routine maintenance of the CITY as cited in the above paragraph . 19. The CITY agrees that no future storm sewer connection or additional water discharge will be added to the storm sewer system that is being constructed as part of this project . The CITY agrees to advise the STATE and obtain permit to routing any additional discharge to storm sewer capacity constructed as part of this contract. 20 . The CITY agrees to assume jurisdiction of any optional storm sewer, water main , sanitary sewer and/or other CITY utilities the CITY elects to construct, be it under this contract and with the STATE's contractor (on or off the STATE's rights of way) . 21 . The CITY agrees to assume full maintenance of the hillside location on the west side of Illinois 47 between Van Emmon and Fox Streets bought by the State of Illinois and hereby identified as Parcels 3KC0052 and 3KC0053. The CITY's maintenance of this property will include , but not necessarily be limited to, mowing , trimming , landscaping , watering , cleaning of debris and litter, erosion control , drainage , sidewalk repair insect abatement, repair of any vandalism or graffiti , policing , preventing any and all private advertising , placing , displaying of items and/or use of property for private use or benefit. 22 . The CITY agrees that any modifications to Parcels 3KC0052 and 3 KC0053 described in the above paragraph that exceed routine maintenance will require previous review and approved permit from the STATE. 23 . The CITY agrees to assume full jurisdiction of storm sewer located on permanent easement on property Parcel 3KC0054 (also identified as the Jeff Muellner property at 301 South Bridge Street) . The storm sewer extends from the top of the hillside to the storm sewer constructed along Illinois 47 ( Bridge Street) . The CITY has entered into a redevelopment agreement relating the said property. A copy of the agreement is attached hereto as Exhibit #8 and made a part hereof . 24 . The CITY agrees to assume full maintenance of all shared use trails constructed as part of this project. Full maintenance includes all cost of material and labor for repair and/or replacement of signing , striping , mowing , landscaping , drainage , surface repair , clearing of debris and trash , removal of graffiti , policing etc . 25 . The CITY agrees to assume responsibility of the preservation , repair and/or of the enhancement features it has elected to include in this project. These items include but are not necessarily limited to the Texas type railing , colored concrete , crosswalks , accented walkways and sidewaks of ramped sidewalks , enhancement lighting fixtures , landscaped medians , etc. Preservation of these features may require periodic repair due to weathering , vehicular collisions , vandalism (such as defacement with graffiti) , etc . 26 . The STATE agrees to complete the regrading of the hillside in accordance with the plans and seed the area . The STATE further agrees to assume all cost and provide labor to make any necessary landscaping corrections and/or repairs to assure good groundcover growth is established . The STATE will monitor and assess the groundcover for one full year after the planting of the said groundcover prior to the CITY assuming future maintenance of the property. Upon one full year of growth to ground cover and mutual acceptance of the ground cover by representatives of the CITY and STATE , the CITY will thereby assume full maintenance of the said hillside . 27 . Upon final field inspection of the improvement and so long as Illinois 47 ( Bridge Street) , Illinois 26 (Schoolhouse Road) and US 34 (Veterans Parkway) are used as state highways , the STATE agrees to retain jurisdiction and maintain or cause to be maintained all traffic lanes and curb and gutter, stabilized shoulders and road side drainage ditches adjoining to the traffic lanes . 28 . Upon final field inspection of the improvement , the CITY agrees to maintain or cause to be maintained those portions of the improvement which are not maintained by the STATE. The CITY agrees to maintain all areas behind the roadway curb including sidewalks , ramped sidewalk ( including retaining wall of ramps) , railings , shared use trails , (including maintenance of signs) parkways , guardrails , crosswalks , stop lines , railing , fencing , etc . Further, all repair and/or replacement of signing serving traffic exiting private/commercial access drives are the sole responsibility of the CITY . 29 . The CITY agrees to continue to maintain traffic signals as it has to date . All existing traffic signals and roadway lighting are to be replaced . No additional traffic signals are to be installed at new locations . Accordingly, the same share of cost of energy and maintenance costs remain . 30 . It is mutually agreed that maintenance and energy costs for the cited traffic signals will remain unchanged and remain in accordance with the current ongoing master agreement executed by the CITY on June 30, 2011 . The CITY shall maintain or cause to maintain the said traffic signals and charge the STATE in accordance with the percentages cited in the master agreement. An excerpt of the master agreement citing share of energy and maintenance costs is attached hereto as Exhibit #7 . 31 . The CITY agrees to assume all maintenance and energy costs for all roadway lighting that is to be constructed with this project . This includes all free standard highway lighting items , combination roadway lighting and optional enhancement lighting that the CITY has elected to construct at a later date . All conduit and foundations constructed for the future enhancement lighting shall be at full cost to the CITY and become full jurisdiction of the CITY. 32 . The CITY agrees to assume 100 percent jurisdiction of the flashing crosswalk beacons detection units that are to be installed with this project. 33 . The CITY agrees to assume the jurisdiction of a portion of roadway located on the west side of Illinois 47 approximately 165 feet south of US 34. The roadway currently serves as an access drive to the north side Walgreens and a few other retail stores. Identified as FAP 326 , Frontage Road #4. 55 , this 0 . 03 mile ( 160 foot) long drive is technically part of the STATE road inventory . As described in attached Exhibit #2 and Addendums # 1 and #2 plan sheet, effective 21 calendar days after the STATE's final inspection of the completed work of Illinois 47 project, the CITY assumes jurisdiction of this roadway 34 . The CITY agrees to enforce an existing parking ordinance prohibiting parking on various roadways that are to be improved with this project. These locations include the following : on both sides of Illinois 47 from Illinois 71 northerly to Kennedy Road , on both sides of Illinois 126 from Illinois 47 easterly to Mill street, and on both sides of US 34 from Cannonball Road easterly to Mc Hugh Road . A copy of the parking ordinance is attached hereto as Exhibit #4. 35 . The CITY agrees to continue its enforcement of an existing ordinance prohibiting discharge of sanitary sewage and industrial waste water into any storm sewers . An excerpt of the ordinance is attached hereto as Exhibit #5 . 36 . The CITY agrees to continue its enforcement of an ordinance regulating encroachment along both state highways and city owned streets and alleys . A copy of the ordinance is attached hereto as Exhibit #6 . 37 . The CITY agrees to provide written approval of the plans and specifications relating to this project. The CITY's written approval is required prior to the STATE's advertising for the aforedescribed improvements . 38 . The STATE agrees to invite representatives of the CITY to mutually inspect the completed project prior to the STATE's approval of work . 39 . The STATE and CITY agree that in the event any work is performed by other than CITY and/or STATE forces , the provision of "an act regulating wages of laborers, mechanics and other workers employed in public works by the state , city, county or any public body or political subdivision or anyone under contract for public works" (Illinois Compiled Statute, 820 ILCS 130/1 ) shall apply. 40 . The STATE and CITY, subrecipient or subcontractor shall not discriminate on the basis of race , color, national origin , or sex in the performance of this agreement. The STATE and CITY shall carry out applicable requirements of 49 CFR , part 26 in the award and administration of STATE assisted contracts . Failure by the STATE to carry out these requirements is a breach of this agreement, which may result in the termination of this agreement or such remedy as the STATE deems appropriate . 41 . Obligations of the STATE and CITY will cease immediately without penalty or further payment being required if , in any fiscal year, the Illinois General Assembly or federal funding sources fail to appropriate or otherwise make available funds for this contract. 42 . It is mutually agreed that if any provision of this agreement shall be held to be invalid or unenforceable for any reason , the remaining provisions shall continue to be valid and enforceable . If a court finds that any provisions of this agreement is invalid or unenforceable , but that by limiting such provision the agreement becomes valid and enforceable , then such provision shall be deemed to be written , construed and enforced as so limited . 43 . This agreement and the covenants herein shall be null and void in the event that the contract covering the construction work contemplated herein is not awarded within five years subsequent to execution of this agreement. 44 . This agreement shall be binding upon and inure to the benefit of the parties hereto , their successors and assigns . This agreement is passed and approved by the Council of the United City of Yorkville of Kendall County, Illinois , this day of 2011 . Approved Attest l 01 0 , 0 iii Gary J . Golr ski, I a r of VorkWille Beth Warren , City Clerk Date Date Illinois Department of Transportation By: Christine M . Reed , P . E . By: Ann L. Schneider Director — Division of Highway Acting Secretary of Transportation Chief Engineer Date Date By: Ellen Schanzle- Haskins By: Director, Chief Counsel Chief Operating Officer Date Date - _yvrs _...,. Ln Yell Aliee Ave 5J• / e n % 1 Trl Ct ,. l . . 1 owst ne In -, ". � ' zt 3 >'�� - - •a Preis u 1 Can on,Trl a Dents v4� ® y/ Lexington Cir t Exhibit ile Plains'Ln —= �t ° " ; North Terminus �� ; i Location Mao t s o Z Re F¢a _ of Prot a Our Project i "'-------__ " ..Wes`dry,, l.R" z Strawb berry 3 Illinois 47 ( Flap 326 ) Blackberry " / • 1• � , _ ryShoret_n •.® F,� r , ., , , ' State Section ( 5CS113C , 108 , 109) R entlar/Or • • � .- 3 Kendall County e x 1G`� r rC jf ryadenCr `( sima a (City of Yorkville, IL ) \ ' 3 a°"' l Menard C-93 -064-05 Contract 1 ` West Terminus m _E - i °° Of US 34 Work E Countryside Pkwy ��eteraans Pk ` t ^ mg 1 US 34 \ a = c JOlin St t o ®� `"""^ " 1 ' m Farmstead i }Or -t M m y ` Hllicrest Ave e""'t""' V ' / $ i ter�r kwy r� tnde�ena°no° , j Leisure St N Carl Cir v at„_ , _ a r ' C! c Q � `° •Pleasure Or` at •a, x'�- .,��. � _ .'" w". 30 � � v Purcell ° a °' East Terminus ,^`` Conover Ln Gear eanna St tn' Lantlmark qva race • ,� •• � H2OiF y %y Cir Ct ��tiy $ a � �. � b Z r � r of US 34 Work J r 1tlO . walnutSt • Dr ° ,3 ° ypa } � a # •� r �o hea�d O•r a e -or or I t r 4Jackson St Appletre Ct Victoria O� » E Elm S t ve 4! 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Location Description Name N/A Route _ FAP 326 (Frontage Rd 4t4 55) Lenqth _. 03 Mile ( 160' ) Termini Eram the an ss drive of Walare nG (located an t��eGt cirla of I ( 47 R + 1G;ti �� +t, f t ) S 1( 1 0' ) pktA,,.� it,a .�aQulhefl.v 403 mile t.Q the next Commemial access n J ina 14' (f P to This transfer ❑ does ® does not include Structure No. The transfer ❑ does ® does not include a transfer to land rights (4-508) . If it does, attach letter of intent approved by the Department. WHEREAS , the authority to enter into this contract is granted the STATE by Section 4-409 of the Illinois Highway Code and the authority to make changes in the State Highway System is granted the State under Section 2- 101 of the Illinois Highway Code . Include for Municipalities Only WHEREAS , the authority to make changes to the Municipal Street System is granted to the Municipality by Section 7- 101 of the Illinois Highway Code , NOW THEREFORE IT IS AGREED that the corporate authority of said municipality will pass an ordinance providing for the transfer of the above location and shall attach hereto and make a part hereof a copy of a location map as Addendum No. 1 and a copy of the ordinance as Addendum No. 2, and Include for Counties Only WHEREAS , the authority to make changes to the County Highway System is granted to the County by Section 5- 105 of the Illinois Highway Code . NOW THEREFORE IT IS AGREED that the County Board of said County will pass a resolution providing for the transfer of the above location and shall attach hereto and make a part hereof a copy of a location map as Addendum No, 1 and a copy of the resolution as Addendum No. 2, and Include for Township/Road Districts Only WHEREAS , the authority to make changes to the Township/Road District System is granted to the Highway Commissioner under Section 6-201 . 3 of the Illinois Highway Code and said Highway Commissioner shall attach hereto and make a part hereof a copy of a location map as Addendum No. 1 , and IT IS MUTUALLY AGREED , that this jurisdictional transfer will become effective 21 calendar days after: (check one) ® Final Inspection by the State (Type A) ❑ Execution of Agreement ❑ Acceptance by the State ❑ Approval of Land Conveyance ❑ Other: Supplements Additional information and/or stipulations , if any, are hereby attached and identified below as being a part of this jurisdictional transfer. Supplement (Insert supplement numbers of letters and page numbers, if applicable.) IT IS FURTHER AGREED , that the provisions of this jurisdictional transfer shall be binding and inure to the benefit of the parties hereto, their successors and assigns . Printed 6/21 /2011 BLR 05210 (Rev. 04/08/08) ADDENDUM US 34 Rq _ r KWA Y) t4ly ' 1 fin.._ eJT h a 1 /9005 Y� o BIT , Aa4 N I ' 1 0m p . 1 11 m W it a EO cc ui 0 1 (D -' 1 PF 11 a ' l Ij It ,ll� I I l C-ft: rr / Lij If I 10 , 0 I �I C)� W ! ! 1p W 3 W 3; OC X Ci 2O 3 o ® 0 F. — z uj 0 LL Wo ( WJQ � (3o Ccw0Z < � < F— zF— — QD 3t (4f � (~ryWX (j) OLL JW ® Uw � W ! aJ 0 FF— LL `y, -AO / a�INald LL Q W — W ' I a � W � " ' CzW 11 l� I I IaIoX CJF— F- � � mJ � IS N A � n ADDENDUM NO. 2 Ordinance No. 2011- AN ORDINANCE REGARDING ACCESS DRIVE ROADWAY LOCATION NEAR THE INTERSECTION OF US 34 AND ILLINOIS 47, TO BE TRANSFERRED FROM THE STATE OF ILLINOIS TO THE JURISDICITION OF THE UNITED CITY OF YORKVILLE WHEREAS, the United City of Yorkville, hereinafter referred to as the CITY, has entered into an agreement with the State of Illinois, through its Department of Transportation, herein referred to as the STATE. The said agreement relates to the reconstruction of Illinois 47, also know as Bridge Street, between Illinois 71 northerly 3.25 miles to just north of Carpenter Street. The said project is identified as Illinois 47 (FAP 326), State Section (5CS, 13C, 108, 109)R, Job No. C-93-063-05, Contract 66671. WHEREAS, as part of the said Illinois 47 project, the STATE is to reconstruct a portion of unmarked sate roadway located on the west side of Illinois 47 (Bridge Street) and just south of US 34 (Veterans Parkway). The roadway, identified as the STATE's FAP 326 Frontage Road #4.55, currently serves as an access drive serving the adjoining businesses of Walgreens, Blockbusters and various other commercial establishments. The said frontage road is 0.03 mile (160 feet) in length extending from the access drive/parking lot of Walgreens and extending north to the next access drive connecting to Illinois 47. Width of the frontage road is 14 feet face to face of curb. WHEREAS, the said frontage road no longer serves as a regional state highway. Rather, its function serves adjoining local businesses and would be better administered by the local interests of the CITY. WHEREAS, the CITY acknowledges the local nature of the said frontage road. Therefore, the CITY agrees to assume jurisdiction of the subject curb and gutter urban pavement type FAP 326 Frontage Road#4.55 and add it to the CITY municipal street system. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois that the CITY shall assume full jurisdiction and add to the CITY municipal street system, FAP 326 Frontage Road #4.55, from its intersection with the access drive/parking lot of the Walgreens store and extending northerly a total length of approximately 0.03 mile (160 feet) to the next access drive connecting to Illinois 47 (Bridge Street), being 14 feet wide (face to face of curb), in its entirety. The said jurisdictional transfer of the said FAP 326 Frontage Road #4.55 to the CITY shall become effective 21 calendar days after the STATE's final inspection of the reconstruction of the related roadway. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. 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 2011. MAYOR EXHIBIT 3 Resolution No. 2011- RESOLUTION APPROPRIATING FUNDS FOR THE RECONSTRUCTION OF ILLINOIS 47 (BRIDGE STREET) FROM JUST NORTH OF ILLINOIS 71 TO JUST NORTH OF CARPENTER STREET WHEREAS, the city of Yorkville of Kendall County, Illinois, hereinafter called the CITY, has entered into an agreement with the state of Illinois through its Department of Transportation, hereinafter called the STATE, of which the said parties are to participate in sharing certain coasts for the widening of Illinois 47 (FAP 326) corporate limits; identified under State Section (5CS, 13C, 108, 109)R, also known as Bridge Street, from approximately 400 feet north of Illinois 71 extending northerly 3.25 miles to a point approximately 330 feet north of Carpenter Street. The said project is identified under sate Job No. C-93-064-05 and Contract 66671. Also to be reconstructed is an approximate 0.5 mile portion of US 34 (Veterans Parkway)between Center Parkway and just west of Marketplace Drive. WHEREAS, in compliance with the aforementioned agreement, it is necessary for the CITY to appropriate GENERAL FUNDS and/or OTHER FUNDS to pay its reimbursement to the STATE for the engineering and construction costs of utility adjustments, traffic signal modernization, sidewalk, shared use trails, and elective enhancements related to the Illinois 47 (Bridge Street) widening. WHEREAS, in accordance with the terms of the related city-state agreement for the subject project (Contract No. 66671), the STATE and CITY have agreed to a 10 year payment plan as a means for the CITY to reimburse the STATE for the CITY's share of cost for engineering and construction. The CITY hereby agrees to the terms of the 10 year payment plan cited in provisions "7a through 7i" of the city-state agreement. WHEREAS, the CITY's engineering and construction costs for the said Illinois 47 (Contract 66671) project is estimated at $2,311,000. The CITY agrees to make 120 payments to the STATE over the 10 year life of the payment plan. Each payment is estimated at $19,258.33, which is subject to an adjustable dollar value. Awarded bid unit prices and unforeseen changes in quantities and/or scope of work will most likely result in a different actual cost to the CITY. Consequently, the CITY's estimated installment payments will need to be adjusted to better represent real costs, based upon bid unit prices of the awarded contract times anticipated quantities cited in the project plans. This resulting billing to the CITY can be higher or lower than the current estimated $19,358.33 installment payment. WHEREAS, the STATE's billing to the CITY will commence following the STATE's award of Contract No. 66671. The CITY's installment payments to the STATE will initially be 1 based upon bid unit prices of the awarded contract times anticipated quantities cited in the project plans. The CITY agrees this figure can further be adjusted to changes in scope of work and/or quantities. WHEREAS, the STATE and CITY mutually agree that at or near the 36"' month of the payment plan when the Illinois 47 (Contract No. 66671) project is completed and finaled and actual costs are known, the STATE will adjust the CITY's billing to an equal payment applied to the remaining payments (life) of the 10 year payment plan. This last variable cost adjustable will be based on the bid unit prices of the awarded contract times the final quantities that are applicable to the CITY's share cost, plus any outstanding cost balance the CITY owes to the STATE. The CITY agrees to pay all its fiscal obligations to the STATE within the said 120 payment plan. WHEREAS, the CITY agrees to make 120 payments based on invoices from the Illinois Department of Transportation Central Office, Bureau of Project Implement Local Agency Agreement Billing Unit in Springfield, Illinois. WHEREAS, the CITY agrees to assume all responsibilities of attaining reimbursement of CMAP STPU funds to pay for emergency pre-emption units. The Chicago Metropolitan Area for Planning (CMAP) STPU federal funds, provided by the CMAP Kane-Kendall County Council of Mayors, will be applied to pay 75 percent cost of the emergency pre-emption units. The CITY is to pay the remaining 25 percent matching cost of the said units. The CITY is to attain the CMAP STPU funds through the Illinois Department of Transportation, District One Office in Schaumburg, Illinois and its Bureau of local Roads and Streets. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois that the CITY shall appropriate Two Million, Three Hundred and Eleven Thousand Dollars ($2,311,000) or so much thereof as may be necessary to pay its obligations, from money now and hereafter allotted to the CITY to pay its share of engineering and construction costs cited in the related city-state agreement. BE IT FUTHER RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois that a 10 year (120 month) payment plan is hereby authorized and approved. The 120 billings are subject to value dollar adjustment as previously described in this resolution. The CITY's full costs will be based on the unit prices of the awarded contract times the final quantities of the completed project. BE IT FURTHER RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois that a supplemental resolution to provide additional funds if the amount appropriated herein proves to be insufficient to cover its share of the costs shall be passed. 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. 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 2011. MAYOR 3 EXHIBIT 4 Ordinance No. 2011- AN ORDINANCE REGULATING PARKING ON ILLINOIS 47 (BRIDGE STREET) AND US 34 (VETERANS PARKWAY) IN YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the City of Yorkville of Kendall County, Illinois has entered into an agreement with the State of Illinois for the improvement of Illinois 47 (FAP 326), Section (5CS, 13C, 108, 109)R also known as Bridge Street. The said project involves the reconstruction of Illinois 47 (Bridge Street) from an existing two lane facility to a five lane roadway. This same project includes reconstruction of a 0.40 mile portion of US 34 adjoining Illinois 47. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois regarding • both sides of Illinois 47 (Bridge Street) from 1,000 feet south of Illinois 71 extending northerly approximately 3.62 miles to Kennedy Road; and • both side of US 34 (Veterans Parkway) from Cannonball Road easterly approximately 1.56 miles to Tuma Road: Section 1: That in order to provide the health, safety, and welfare of its citizens, parking will be prohibited at both locations. Section 2: Any person, firm, or corporation violating the provisions of this ordinance shall be fined not less than $ nor more than $ for each offense. Section 3: That further ordinances shall be enacted requiring parking restrictions at locations immediately adjacent to the improvement as may be determined to be necessary by the STATE from results of traffic capacity studies when construction of the above described state section has been completed and the highway has resumed normal operations. Section 4: This ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. CITY CLERK 1 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 2011. MAYOR 2 EXHIBIT 5 Ordinance No. 2011- AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the United City of Yorkville of Kendall County, hereinafter known as the CITY, and the state of Illinois, acting by and through its Department of Transportation, Division of Highways, hereinafter known as the STATE, have entered into an agreement relative to the improvement of Illinois 47 (FAP 326) also known as Bridge Street, from approximately 400 feet north of Illinois 71 and extending northerly 3.25 miles just south of Kennedy Road. WHEREAS, in order to facilitate said improvement, it is necessary for the CITY to adopt an ordinance regulating encroachments on the right of way for Illinois 47 (Bridge Street) between Illinois 71 and Kennedy Road and US 34 between Cannonball Trail and Tuma Road in accordance with the following definition: Roadway Right of Way is defined as those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect; Project Right of Way is defined as those within the project right of way lines established jointly by the City, State, and the Federal Highway Administration which will be free of encroachments except as hereinafter defined; Encroachment is defined as any building, fence, sign (excluding certain signs located over sidewalks), or any other structure or object of any kind (with the exception of utilities and public road signs), which is placed, located, or maintained in, on, under, or over any portion of the project right of way or the roadway right of way where no project right of way line has been established; Permissible Encroachment is defined as any existing awning, marquee, advertising sign, or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of pedestrian traffic and traffic on the highway. The permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside the project right of way line and not confined by adjacent buildings; Construction Easement Area is defined as area lying between the project right of way limits and the platted street limits within which the CITY, by concurrence in the establishment of the project right of way lines, will permit the STATE to enter to perform all necessary construction operations. 1 WHEREAS, representatives of the CITY and the STATE have cooperatively established project right of way lines and have mutually determined the disposition of encroachments. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section 1: It shall be unlawful for any person, firm, or corporation to erect or cause to be erected, to retain or cause to be retained, any ENCROACHMENT (herein above defined), within the limits of the project right of way or roadway right of way where not project right of way lines have been established. Section 2: This ordinance is intended to and shall be in addition to all other ordinances, rules, and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith. Section 3: Any person, firm, or corporation violating this ordinance shall be fined not less than $ nor more than $ for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. Section 4: This ordinance shall be published one time within ten days after its passage in a newspaper having a general circulation in the United City of Yorkville, Kendall County, Illinois and shall be in full force and effect after its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. 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 2011. MAYOR 2 EXHIBIT PAGE OF 7 Ordinance No. 2010- ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORIKVILLE, KENDALL COUNTY, ILLINOIS TO PROVIDE FOR THE REGULATION OF ILLICIT DISCHARGES AND CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the City Code be and is hereby amended to add the following new Chapter 17 to Title 8 : CHAPTER 17 PROVISIONS REGULATING NON-STORM WATER DISCHARGES AND CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM 8-774 : Purpose. The objections of this chapter are to provide for the health, safety, and general welfare of the citizens of the United City of Yorkville through the regulation of non-storm water discharges to the municipal separate storm sewer system to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process by: ( 1 ) Regulating the contribution of pollutants to the municipal separate storm sewer system by stormwater discharges by any user; (2) Prohibiting illicit connections and discharges, as hereinafter defined, to the municipal separate storm sewer system ; and, (3 ) Establishing legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter. 8- 17-2: Definitions. For the purposes of this chapter, the following shall mean : Authorized Enforcement Agency:_ Employees or designees of the Mayor of the United City of Yorkville designated to enforce the provisions of this chapter. Best Management Practices : Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems . Best Management Practices also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal , or drainage from raw materials storage. EXHIBIT PAGE 2 OF 7 Clean Water Act : The federal Water Pollution Control Act (33 U . S . C . § 1251 et seq.), as amended from time to time. Construction Activity: Activities subject to NPDES construction permits . These include construction projects resulting in land disturbance of 10,000 square feet or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Hazardous Materials : Any material, including any substance,. waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, i or significantly contribute to, a potential substantial hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illegal Discharge: Any director indirect non-storm water discharge to the Municipal Separate Storm Sewer System , as hereinafter defined, except as exempted in Section 8 - 17- 5 of this chapter. Illicit Connection: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the Municipal Separate Storm Sewer System including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the Municipal Separate Storm Sewer System and any connection to the storm drain system from indoor drains and sinks, regardless ofwhether said drain or connection had been previously allowed, permitted, or approved by an Authorized Enforcement Agency or, any drain or conveyance connected from a commercial or industrial land use to the Municipal Separate Storm Sewer System which has not been documented in plans, maps, or equivalent records and approved by an Authorized Enforcement Agency, Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122 . 26 (b) ( 14) . Municipal Separate Storm Sewer System : Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. National Pollutant Discharge Elimination System (NPDES ) Storm Water Discharge Permit: Permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis . Non-Storm Water Discharge: Any discharge to the Municipal Separate Storm Sewer System that is not composed entirely of storm water. Person : Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. EXHIBIT PAGE 3 OF 7 Pollutant: Anything which causes or contributes to pollution . Pollutants may include, but are not limited to : paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that samemay cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind . Premises . Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips . Storm Water: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation . Stormwater Pollution Prevention Plan: A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to a Storm Drainage System, to the maximum extent practicable. Wastewater: Any water or other liquid, other than uncontaminated storm water, discharged from a facility. 8-17-3 : Applicability: This Chapter shall apply to all water entering the Municipal Separate Storm Sewer System generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. 8-17-4: Responsibility for Administration : The City shall administer, implement, and enforce the provisions of the Chapter. 8-17-5: Discharge Prohibitions: A . No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water, except for the following: (i) Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows , rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated - typically less than one particle per million chlorine), fire fighting activities, and any other water source not containing Pollutants . i EXHIBIT # PAGE 4 F7 (ii) Discharges specified in writing by the City Engineer as being necessary to protect public health and safety. (iii) Dye testing if a verbal notification to the City Engineer is given prior to the time of the test. (iv) Any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the pennit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system . 8-17-6: Prohibited Illicit Connections: The construction, use, maintenance or continued existence of Illicit Connections to the Municipal Separate Storm Sewer System is prohibited, including, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 8- 17- 7: Suspension of Municipal Separate Storm Sewer System Access : A . The City may, without prior notice, suspend access to the Municipal Separate Storm Sewer System when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the Municipal Separate Storm Sewer System or waters of the United States . If the violator fails to comply with a suspension order issued in an emergency, the Authorized Enforcement Agency may take such steps as deemed necessary to prevent or minimize damage to the Municipal Separate Storm Sewer System or waters of the United States, or to minimize danger to persons . B . Any person discharging to the Municipal Separate Storm Sewer System in violation of this chapter may have access terminated if such termination would abate or reduce an illegal discharge. The City Engineer shall notify a violator of the proposed termination of its Municipal Separate Storm Sewer System access . Municipal Separate Storm Sewer System access to premises terminated pursuant to this j Section shall not be reinstated without the prior approval of the City Engineer. 8-17-8: Industrial or Construction Activity Discharges : Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit . Proof of compliance with said permit may be required in a .form acceptable to the City Engineer prior to the allowing of discharges to the Municipal Separate Storm Sewer System . EXHIBIT PAGE 5 OF 7 Section 8-17-9: Monitoring of Discharges : ( a) The City Engineer shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the City. (b) Facility operators shall allow the City Engineer ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. _ , (c) The City Engineer shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Authorized Enforcement Agency to conduct monitoring and/or sampling of the facility's storm water discharge. (d) The City Engineer has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. (e) Any temporary or pefmanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City Engineer and shall not be replaced. The costs of clearing such access shall be borne by the operator. (f) Unreasonable delays in allowing the City Engineer access to a permitted facility is a violation of a storm water discharge permit and of this chapter. A person who is the operator of a facility with aNPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the City Engineer reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter. (g) If the City Engineer has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City Engineer may seek issuance of a search warrant from any court of competent jurisdiction. Section 8-17-10: Requirement to Prevent, Control and Reduce Storm Water Pollutants by the Use of Best Management Practices: The City has adopted requirements identifying Best Management Practices for any activity, operation , or facility which may cause or contribute to pollution or i EXHIBIT PAGE 6 OF 7 contamination of storm water, the storm drain system, or waters of the United States . The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the Municipal Separate Storm Sewer System or watercourses through the use of these structural and non-structural facilities meeting Best Management Practices requirements. Any person responsible for a property or premise, which is, or may be, the source of an illegal discharge, maybe required to implement, at said person's expense, additional structural and non-structural facilities to prevent the further discharge of pollutants to the Municipal Separate Storm Sewer System . Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. 8- 17-11 : Watercourse Protection: Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. Section 8-17- 12: Notification of Spills: Any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in Illegal Discharges or pollutants discharging into storm water, the Municipal Separate Storm Sewer System, or water of the United States said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release and immediately notify emergency response agencies of the occurrence via emergency dispatch services . In the event of a release of non-hazardous materials, said person shall notify the City in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City within three business days of the phone notice . If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Section 8-17-13: Ultimate Responsibility: The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore this Chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. Section 8-17- 14: Enforcement: Whenever the City Engineer finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible person in accordance with the requirements of Chapter 14, Title I of this City Code. EXHIBIT PAGE 7 OF 7 The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law . Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day of A . D. 2010. ATTEST. RK ROBYN SUTCLIFF DIANE TEELING QS GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH _i MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of L,4-AJ2 Y , A .D . 2010 . MAYOR I EXHIBIT # 7 w ui _ � rt e-i M r--7 r-9 c°I r-9 rl H r^i v°-i N N r9 r-i r-i rI r°i r•-1 r-4 rJ e l r-f r-i r1 rl a. > Y O w 0 (� O �- Z Z O to z o: o_ a a a a a. a. a. m a a a. o. M a a. a. a• a �a om o o a oc � oc w w w w w w w w w w w w w w w � Z 0 0 0 0 0 0 0 0 co 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 � w d +, Q) ® d C � Qi) � C C >° O Q) Ln � 0 0 0 O O O o to M m m o O m m m 0 0 0 Q m m w w u1 t/ Y U1 U f tft m m m t f) Ul m ® m m U•1 O Ln m m 0 T-ftj �C r-1 lD 3 Z � Ln LA + < Z 3 LL g O w ® o 0 o D o n n o o r 0 to n CL F- 0 0 0 0 0 o w n en ® ors o u) u1 ui Ln Ln w w w uti m w 0 w 0 Ln T-A cc Ln 4n 0 V)ro w >- J °C Z U 0 0 0 0 0 0 0 0 0 o m m m 0 0 m 0 m m 00 0 00 0 m m 00 LL w ® Ln do ui ►n w Ln m m m �n u� m m m u1 do m m m L z O Qu Zo w ro 0 0 0 0 0 0 0 r� n N 0 0 r` 0 r. n 0 p r. tin c w a � U1 u1 O O O ,.n do U) 0 in w w w en ut w O w w O 0 o do w w 0 00 o c c ro N O V) •- m a. u vi � .N > �+ O � 4� v fJ c ix O w 3 ui � C v O z ° v ro F° u_ Qu Cl. W w O v w c <a >- 3 o ® ca c < Z O p ro O a w w > u ui ro � J ro LAJ � z c m V) � O IX � B m °® (� CC Q ) Q 7 y, J Ne w .� w ® w J Q w< O c Pte° CL Uj 6� O (J c QJ O w cc w iv 'in a � 0 0 Q Q � 0 �di�m '> Q 06 m Y Ln > w u �e m W Fa w Z �' ® Z w w ® > F° T Z w in 4� ° �a � v ® ® Q U �w z �7 w O � Q O � _ v� A m Pe m N N m N h P � m m m m m r° m v1 q' eg V) to qT V) � vi v7 to RT � � t� v7 in m w w r� Oo Qt o r94 N m 'r Ln w o +� ® C4 ev rV ry ry T w O LA. EXHIBIT PAGE 1 OF 8 United City of Yorkville EST 1636 County Seat of Kendall County 800 Game Farm Road X . �� , Yorkville , Illinois , 60560 Telephone : 630-553-4350 Fax: 630-553 - 7575 Website : www. yorkville it us June 22, 2010 Mr. George Ryan, Deputy Director - Region 2 Engineer Illinois Department of Transportation 700 E . Norris Drive Ottawa, Illinois 61350 Re : Muellner Property — 301 S . Bridge Street - - Dear Mr. Ryan : .On June 8 , 2010 the City of Yorkville entered into a redevelopment agreement (attached) with Mr. Jeff Muellner regarding his property at the southwest corner of Rt . 47 and Van Emmon Street, commonly known as 301 S . Bridge Street. This agreement will benefit the city and the property owner while still allowing IDOT to construct the Route 47 widening project . In accordance with this agreement, the city hereby commits to IDOT that the grading, landscaping, and drainage improvements to be constructed by IDOT on the property at 301 S . Bridge Street will be maintained until it is redeveloped at some future date. Please revise your right- of-way acquisition plans accordingly. If you have any questions regarding this matter, please City Engineer Joe Wywrot at (630) 553 - 8527 . Very truly yours, Valerie Burd Mayor 0.2 u-:s Eff PR3OGRAt�h F3Ey� LOPM ` 1 PROJECT IMPLEMENTAI1 iV $ Cc : Bart Olson, City Administrator �_ OPERATIONS Krysti Noble, Community Development Director ADMINISTRATIVE SERVICES U _ LOCAL ROADS Joe Wywrot, City Engineer Jeff Muellner, Muellner Construction, Inc. JUN 2014 UJ > REGION ENGI BEER pant @r Wltpr Region rigli4e�'P Covrespondence for RE signature Correa andence Errs our si n�turo EXHIBIT PAGE 2 OF 8 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) OR Affiance No , 2010. AN ORDINANCE OF THE UNITED CITY OF VORKVILLE , KIENDALL COUNTY, ILLINOIS , APPROVING A REDEVELOPMENT AGREEMENT WITH MUELLNER CONSTRUCTION, INC . WHEREAS , the United City of Yorkville (the " City") is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII Section 7 of the Constitution of the State of Illinois of 1970 ; and , WHEREAS , the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the health, safety, and welfare of its citizens ; and , WHEREAS , as part of the Illinois Department of Transportation ("IDOT5) widening and reconstruction project of Illinois Route 47 , several properties along this major north/south corridor have been or will be affected with regard to future potential redevelopment; and, WHEREAS > one of the affected properties is an approximately 21 , 000 square foot parcel currently owned by Muellner Construction, Inc . (the "Developer"), which is located on the southwest corner of Illinois Route 47 and Van Emmon Street, commonly known as 301 South Bridge Street (the "Subject Pr-operty") ; and, WHEREAS , the Developer desires to enter into separate redevelopment agreements with the IDOT and the City that would allow for IDOT ' s acquisition of a portion of the Subject Property for the purposes of widening the roadway, obtaining a temporary easement, and demolishing the existing two (2) story brick building, and for the Developer to convey a permanent easement to the City for the installation of public utilities and drainage, at the Developer ' s expense, and land preparations such as grading, landscaping, and maintenance, which would allow for future development of the Subject Property; and , EXHIBIT PAGE 3 OF 8 WHEREAS , the Developer is requesting that the City consider a future zoning variance request to allow for a zero (0) foot building setback for that portion of the Subject Property adjacent to the new Illinois Route 47 and Van Enlmon Street frontages ; and , WHEREAS , as part of the Redevelopment Agreement with the City, which is for a term of ten ( 10) years , the Developer agrees to modify the drainage conveyances on the Subject Property in a manner acceptable to the City and IDOT. WHEREAS , the Corporate Authorities have determined that it is in the best interests of the City and the health , safety, morals , and welfare of its residents that the City and the Developer enter into the attached Redevelopment Agreement . NOW; THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, " Kendall County, Illinois, that the Redevelopment Agreement by and between the City and Muellner Construction, Inc . , an Illinois corporation, which is for a term of ten ( 10) years , be approved substantially in the form attached hereto and made a part hereof; and the Mayor and City Clerk are hereby authorized to execute and deliver said Redevelopment Agreement. THIS ORDINANCE shall be in full force and effect immediately upon its passage by the President and Board of 'Frustees and approval as provided by law . Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this _ _ day of , A . D . 2010 . Y K ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHERT WALTER WERDERICH MARTY MUNNS _ ROSE ANN SPEARS GEORGE GILSON JR . Approved by ine, as Mayor of the United City of Yorkville, Kendall County, Illinois , this / O day of J GfI�I� 2010 . 3 e MAYOR 2 EXHIBIT PAGE 4 OF 8 Prepared by and return to : United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 3 EXHIBIT PAGE 5 OF 8 13 U EL LNER CONSTRUCTION, INC. REDEVELOPMENT A-GR EEMENT THIS AGREEMENT is entered into this day of j u/,�E _, 2010, by and between Muellner Construction, Inc . (hereinafter referred to as "Muellner") and the United City of Yorkville, Kendall County, Illinois , a municipal corporation (hereinafter referred to as " City") regarding the redevelopment of the real property located at the southwest corner of Illinois Route 47 and Van Emmon Street in Yorkville, commonly known as 301 South Bridge Street (hereinafter referred to as the "Property") . RECITALS WHEREAS , Muellner is the owner and developer of the Property legally described on Exhibit A attached hereto and made a part hereof being identified by Permanent Index Numbers 02- 32 - 287 - 004 and 02 - 32 -287 - 006 ; and, WHERE'AS , the Illinois Department of Transportation (hereinafter referred to . as "IDOT") proposes to acquire a portion of the Property legally described on Exhibit B attached hereto and made a part hereof ("Roadway Portion") for purposes of widening Route 47 and to obtain a temporary easement over the remaining Property (" Temporary Easement Portion") and including the right to demolish the existing building on the Temporary Easement Portion of the Property as part of their Illinois Route 47 reconstruction project; and, WHEREAS , Muellner wishes to retain ownership of the Temporary Easement Portion of the Property for purposes of redevelopment for commercial uses in order to enhance the tax base of the City and provide job opportunity for the community and it is in the best interest of Muellner to invest in the redevelopment of the .Property all as hereinafter set forth ; and, 1 PAGE 6 OF 8 WHI ERFAS , it has been determined that the widening of Route 47 and the redevelopment of that Temporary Easement Portion of the Property is in the best interests of the City and its residents . NOW9 THEREFORE, in consideration of the mutual promises and undertaking contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . The Recitals hereinafter set forth are hereby incorporated into and made a part hereof as if fully restated . 2 . Muellner agrees to convey, under terms to be agreed upon between Muellner and IDOT, the Roadway Portion of the Property to IDOT and grant an easement to IDOT over the Temporary Easement Portion of the Property including the right to demolish the building situated in the Temporary Portion of the Property. Within seven (7) days of IDOT recording the Muellner right- of-way and Temporary Easement conveyance documents, Muellner shall convey to the City a permanent easement over the Temporary Easement Portion of the Property for public utilities and drainage . J . niter MOT Completes the demviiiiviA of the building on t"UIV T " "'^ " y � + cMJJO ai y �uS ui �ii Portion of the Property; performs all grading and landscaping as required in the plans submitted by IDOT to the City; and, completes the Illinois Route 47 reconstruction project, Muellner agrees to assume complete responsibility for the maintenance of the existing slope and drainage swales and landscaping on the Temporary Easement Portion of the Property. Muellner agrees that it shall immediately address any soil erosion or soil sedimentation issues that may arise after the IDOT landscaping is completed . 2 EXHIBIT PAGE 7 OF 8 4 . The City shall construct a 6 " sanitary sewer stub and 6 " water stub to be located along the Van Emmon frontage of the Property at the sole cost and expense of Muellner provided that Muellner deposits with the City the total estimated cost thereof within thirty ( 30) days of receipt of a written estimate from the City. Within thirty (30) days of receipt of said deposit, the City shall arrange for the construction of said water and sewer stub and complete said construction within 180 days . 5 . Upon conveyance of the Roadway Portion of the Property by Muellner to IDOT, the City agrees to consider a zoning variance request to allow zero - foot building setbacks along the new Illinois Route 47 and Van Emmon Street frontages . 6 . As a part of the redevelopment plan, Muellner agrees to modify the drainage conveyances on the Property in a manner acceptable to the City and IDOT . 7 . This Agreement shall also be binding upon the successors , heirs and assigns of the Parties . 8 . The term of this Agreement shall commence as of the date of execution by the parties and terminate on its tenth ( 10th) anniversary. 9 . This agreement shall become null and void if Muellner does not convey property and temporary easement to IDOT in the manner contemplated by this agreement by July 1 , 2011 ; otherwise to remain in full force and effect . 3 EXHIBIT PAGE 8 OF 8 RN WRTNESS WHEREOF, the parties hereto have caused this Muellner Construction , Inc. Redevelopment Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois . United City of Yorkville, an Illinois municipal Corporation By ---�� C--� — Mayor Attest : t C rl MUELLNER CONSTRUCTION , INC . By : _ Its Presi n ' Atte P. 4 C/T y Reviewed By: J= A 0 Legal Agenda Item Number Finance Mayor#6 EST. �Z 1836 Engineer ❑ City Administrator 0 CiVI ` Human Resources ❑ Tracking Number °°°lfg°a' �0 Community Development ❑ Kentlall County ` Police Cie ❑ CC 2011-98 LE ��'� Public Works ❑ Agenda Item Summary Memo Title: Wesley Property Corporation incentive agreement memorandum of understanding Meeting and Date: City Council—August 23, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: .��0 Co.y o Memorandum '"' To: City Council EST. �Z 1836 From: Bart Olson, City Administrator .4 ` CC: O C u p Date: August 19, 2011 Count�Y Seat �� Ke tld cu" Subject: Wesley Property Corp Incentive Payout �AL Executive Summary A discounted, accelerated payout of incentive money to Wesley Property Corporation, for money spent by Wesley Property Corp. for the stoplight at Route 47 and Wheaton Avenue. Background In 2005, FE Wheaton(now ProBuild) entered into a development and incentive agreement with the City to fund construction of the stoplight at Route 47 and Wheaton Avenue. Prior to the construction of the stoplight, patrons, employees, and vendors of FE Wheaton had to brave the turn onto Wheaton Ave from Route 47 without turn lanes, and onto Route 47 from Wheaton Avenue without a stop to Route 47 traffic. So,the company front funded the construction of the stoplight and turn lanes, and entered into a sales tax reimbursement agreement with the City(attached). The development/incentive agreement is set up for a reimbursement of 50% of 1% of local sales taxes to Wesley Property Corporation over a period of 10 years, with a cap on the amount received by Wesley to equal the amount expended on the stoplight plus interest. The total cost of the stoplight was —$1.1 million and the amount reimbursed to Wesley Property Corp is $780,000. With accrued interest,the amount still owed to Wesley is $380,000. Proposal As part of an upcoming property sale, the City has been negotiating the satisfaction of this incentive agreement as part of the property sale. The outcome of those negotiations resulted in an offer from Wesley Property Corporation to waive 6 years of accrued interest in exchange for an immediate and final payout of the amount owed to Wesley Property Corporation. In essence, we are accelerating the current reimbursements by two years, paying out the entire amount owed, and saving $60,000 in the process. Essentially, the developer loaned the money to the City to construct the stoplight with zero interest. Recommendation Due to the substantial amount of money saved in the final payout, the staff recommendation is to approve the attached ordinance and memorandum of understanding. Ordinance No. 2011- ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED CITY OF YORKVILLE AND WESLEY PROPERTY CORP. WHEREAS, the City is a non-home-rule municipality pursuant to the Illinois Municipal Code and Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, Wesley Property Corp. is an Illinois corporation ("Wesley") and the owner of real estate in the City (the "Property") which was the subject of a Development/Economic Incentive Agreement by and between Wesley and the City(the "Original Agreement")providing for the construction of an addition to the facility on the Property on the condition that Wesley receive a rebate of a portion of the sales tax generated from businesses operating at the Property as reimbursement for certain "Reimbursable Improvements" as defined in the Original Agreement; and, WHEREAS, Wesley has now received an offer to purchase the Property by a company which would bring potential for business expansion and new job opportunities is for the residents of the City and has offered the City a substantial reduction of the amount owed to it pursuant to the Original Agreement on the condition that the City pay the entire balance due and owing in a lump sum under the terms and conditions as set forth in the Memorandum of Understanding attached hereto. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the Memorandum of Understanding between the United City of Yorkville and Wesley Property Corp. is hereby approved in the form attached to this Ordinance; and, the Mayor and City Clerk are hereby authorized to execute same. Further, the City Administrator and City Finance Director are hereby directed to proceed with the implementation of its terms. Section 2. This Ordinance shall be in full force and effect immediately upon its passage by the President and Board of Trustees and approval as provided by law. United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2011. CHRIS FUNKHOUSER GEORGE T. GILSON, JR. CARLO COLOSIMO DIANE TEELING JACKIE MILSCHEWSKI MARTY MUNNS ROSE SPEARS LARRY KOT APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2011. Mayor Attest.• City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED CITY OF YORKVILLE AND WESLEY PROPERTY CORP THIS MEMORANDUM OF UNDERSTANDING is entered into this day of , 2011, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereinafter referred to as "City") and Wesley Property Corp., an Illinois corporation(hereinafter referred to as "Developer"'). WITNESSETH: WHEREAS, the City is a non-home-rule municipality pursuant to the Illinois Municipal Code and Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, Wesley Property Corp. is an Illinois corporation and the owner of real estate located west of Route 47, north of Cannonball Trail on Wheaton Avenue in Yorkville, Illinois (the "Property"); and, WHEREAS, pursuant to Section 8-11-20 of the Illinois Municipal Code (65 ILCS 5/8- 11-20) (the "Enabling Statute") the City entered into a Development/Economic Incentive Agreement on February 22, 2005, with the Developer recorded with the Kendall County Recorder's Office as Document No. 2005012262 (the "Original Agreement") which provided for the construction of an addition to the facility on the Property on the condition that the Developer receive a rebate of a portion of the sales tax generated from businesses operating at the Property as reimbursement for certain "Reimbursable Improvements" as defined in the Original Agreement, in an estimated amount of$719,275 plus simple interest thereon at the rate of 5%per annum on the unpaid amount; and, 1 WHEREAS, as of August 23, 2011, the Developer and the City acknowledge that there remains $382,505.27 due and owing as committed in the Original Agreement; and, WHEREAS, the Developer has now received an offer to purchase the Property by a company which would bring potential for business expansion and a substantial increase in job opportunity to the residents of the City and has offered the City a substantial reduction of the amount owed to it pursuant to the Original Agreement on the condition that the City pay the entire balance due and owing within ten (10) days of the execution of this Memorandum of Understanding as hereinafter set forth; and, NOW, THEREFORE, in consideration of the Preambles set forth above and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Developer and the City mutually agree as follows: 1. Incorporation of Recitals. The Preambles set forth above are incorporated herein by reference as if fully restated. 2. The City and the Developer agree that currently, pursuant to the Original Agreement, the City owes the Developer for costs for Reimbursable Improvements of $382,505.27 pursuant to the Original Agreement which amount shall be reduced to $322,505.27 upon payment by the City and receipt by the Developer of said amount in a single lump sum payment within ten(10) days of execution of this Memorandum of Understanding. 3. The Developer covenants and agrees upon receipt of$322,505.27 in a single lump sum payment from the City, all obligations of the City pursuant to the Original Agreement shall have been paid in full and forever satisfied and the Developer upon receipt of said sum shall waive and forever release the City from any and all claims, charges or demands, it may have against the City, its officers, agents and employees pertaining to the Property; reimbursement of 2 principal and/or interest for the cost of any Reimbursable Improvement; any term or agreement of the Original Agreement; or, any other matter referenced therein or relevant thereto. Within five (5) days following payment and receipt of aid lump sum payment as provided herein, but not prior to said payment and receipt, the City shall, at its expense, record this Memorandum with the Kendall County Recorder's office, thereby verifying the satisfaction and release of all obligations and covenants under, and the termination of, the Original Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding by and between the United City of Yorkville and Wesley Property Corp. to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal Corporation By: Mayor Attest: City Clerk Wesley Property Corp. By: Its President Attest: Secretary 3 200500012261 Filed for Record in KENDALL COUNTYr ILLINDIS PAUL ANDERSON STATE OF ILLINOIS ) AGREEMENTS At 09'45.00 ) ss. COUNTY OF KENDALL ) UNITED CITY OF YORKVILLE AND WESLEY PROPERTY CORP. DEVELOPMENTIECONONIIC INITIATIVE AGREEMENT THI"EVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the ? —day of February 2005 by and between THE UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation located in Kendall County(the"CITY") and Wesley Property Corp, an Illinois corporation(the"DEVELOPER"). RECITALS: A. The CITY is an Illinois municipality and hereby enters into this Agreement pursuant to 65 ILCS 5/8-11-20 ("Enabling Statute"); and pursuant to Section 6(a) of Article VII of the Constitution of the State of Illinois of 1970,the CITY has determined that it has the authority to enter into this Agreement. B. The DEVELOPER owns and intends to construct an addition to the facility currently located on the subject real property located west of Route 47,north of Cannonball Trail and on Wheaton Avenue and legally described in Exhibit "A" (the"Property") for commercial uses ("Development Project"). DEVELOPER has demonstrated to the CITY's satisfaction that the DEVELOPER has the experience and capacity to complete the Development Project. The DEVELOPER and the CITY have determined that without the financial assistance provided under this Agreement the Development Project would not be feasible and that the DEVELOPER would not undertake the Development Project. The DEVELOPER has expressly conditioned the undertaking of the Development Project on the CITY's agreement to pledge the Sales Tax Revenues (defined later) it receives from the Development Project to repay DEVELOPER its Reimbursable Improvements (defined later), all as provided in this Agreement. C. The CITY deems it to be of significant importance to encourage development within the CITY so as to maintain a viable real estate tax and sales tax base and employment opportunities. Accordingly,the CITY has made the following findings necessary pursuant to the Enabling Statute: 1. That the Development Project is expected to create job opportunities within the municipality; –1– 2. That the Development Project will serve to further the development of adjacent areas; 3 . That without this Agreement, the Development Project would not be possible; 4. That the DEVELOPER meets high standards of creditworthiness and financial strength; 5. That the Development Project will strengthen the commercial sector of the municipality; 6. That the Development Project will enhance the tax base of the CITY; 7. That this Agreement is made in the best interest of the CITY; and 8. Pursuant to the Illinois Municipal Code, as amended ("Code"), the CITY has authority to enter into an economic incentive agreement relating to the development of land within corporate limits, including an agreement to share or rebate a portion of the retailer's occupation taxes received by the CITY that are generated by the development. D. Subject to the terms and conditions of this Agreement, the CITY agrees to reimburse the DEVELOPER for its Reimbursable Improvements. In reliance upon the CITY's representations and covenants contained in and subject to the terms and conditions of this Agreement, the DEVELOPER intends to cause the Reimbursable Improvements (as hereinafter defined) to be constructed and to enter into construction contracts and other agreements as necessary. E. This Agreement has been submitted to the corporate authorities of the CITY for consideration and review, and the corporate authorities have given all notices and taken all actions required to be taken prior to the execution of this Agreement to make this Agreement effective. NOW, THEREFORE, to maintain and revitalize business within the CITY by assuring opportunities for development and attracting sound and stable commercial growth; to promote the public interest and to enhance the tax base of the CITY; to induce the DEVELOPER to undertake the Development Project; in consideration of the DEVELOPER's agreement to undertake the Development Project and the CITY' s agreement to reimburse the DEVELOPER for the costs of causing the design and construction of certain of the Reimbursable Improvements; and in consideration of the mutual promises, covenants, stipulations and agreements herein contained in this Agreement, the DEVELOPER and the CITY hereby agree as follows: —2— 1 . Incorporation of Recitals. The recitals set forth above are incorporated hereby by this reference as if fully set forth herein. 2. Creation of Economic Incentive Agreements. The CITY acknowledges that an economic incentive agreement for the subject commercial property within the Property will provide incentives for development within the Property, which will provide sales tax benefits to the CITY. The CITY shall, upon application by DEVELOPER or its assigns, pursuant to 65 ILCS 5/8-11 -20 (2002) or any other statutory means, enact all ordinances and execute all agreements to share or rebate a fifty percent (50%) portion of the CITY' s allocated portion of sales tax revenue as set forth herein to DEVELOPER or as assigned in writing by DEVELOPER, pursuant to the terms provided in this paragraph of the Agreement (hereinafter referred to as "Incentives"). For purposes of this Agreement a "commercial retail user" shall be any user that collects sales tax as part of its operation. The commercial retailer user shall be referred to as the "Generator". The CITY acknowledges that its agreement to execute this Development/Economic Initiative Agreement is a material inducement to DEVELOPER to enter into this Agreement. 3 . Development Incentive Reimbursement. A. Incentives. The DEVELOPER pursuant to the terms of this Agreement shall be repaid 100% of its Reimbursable Improvement costs (defined below) out of 50% of sales tax generated by any "Generator" on the Property or any additional property purchased by DEVELOPER, as evidenced by paid lien waivers and sworn contractor affidavit submitted to the CITY. The CITY shall include simple interest of five percent (5%) per annum for the first year on the Reimbursable Improvement calculation for the balance of Reimbursable Improvements incurred by DEVELOPER. Interest rate shall be calculated annually on the first Tuesday of January compared to the commercial prime rate as listed in the Wall Street Journal and may increase accordingly to the commercial prime rate as listed on the first Tuesday of January and the interest shall commence with the Certificate of Occupancy being issued for the Development Project. DEVELOPER shall be entitled to recover up to the total amount of the Reimbursable Improvement calculation plus interest for a period of ten (10) years commencing from the date of passage and execution of this Agreement by the CITY as set out in the attached Exhibit `B" incorporated herein by reference "Engineer' s Opinion of Probable Cost and as delineated on Exhibit "C" attached hereto and incorporated herein by reference as "Proposed Site Improvements". —3— In the event DEVELOPER recovers its full Reimbursable Improvement plus interest calculation prior to that expiration time, the right to recovery shall terminate earlier than the previous stated expiration date. In the event DEVELOPER has not received all of its Reimbursable Improvements calculation and interest upon said expiration date, the Agreement shall be treated as expired. Interest shall not be compounded. These Reimbursable Improvements include the following for actual cost of the identified reimbursable improvements: i) The design and construction of intersection improvements, including signalization and roadway expansions and tapers off-site on Route 47 and Wheaton Drive as disclosed in the attached Exhibit `B" of approximately $505,000.00 ; and ii) Roadway construction of the street for access to the future lots of 1 & 2 in the amount of One Hundred Thirty Nine Thousand Seven Hundred Fifty ($ 139,750) Dollars; and iii) The design and construction of the sanitary sewer extension and water mains servicing the subject property and adjoining properties in the amount of Seventy Four Thousand Five Hundred Twenty Five ($74,525) Dollars; and iv) The CITY shall distribute the sales tax revenue generated by any Generator which shall be capped at $200,000 per calendar year to the developer as follows: 50% to the DEVELOPER, 50% to the CITY; v) If the developer's sales tax revenue exceeds by more than $800,000 per calendar, the City shall consider increasing the distribution in excess of the cap set forth in iv. B. Sales Tax and Sales Tax Revenue Defined. The term Sales Tax used herein refers to revenues generated by the sale of merchandise from and collected under the Retailer's Occupation Tax, or any other "sales tax" or similar tax that may be enacted by the State of Illinois or any governmental agency or body created under the laws of the State of Illinois, based upon gross sales, and located within the State of Illinois, that is collected by the Generators as a result of business transactions occurring on the Property. In the event that the CITY's share of said sales tax or substitute tax is —4— reduced or increased by the State, then the affected Generator's share thereof shall be reduced or increased in the same proportion. C. Payment Obligation. The CITY hereby agrees to pay DEVELOPER or its assignee the quarterly installment payments made to the CITY by the Illinois Department of Revenue within thirty (30) days of receipt by the CITY of the quarterly installments, and continuing until the Reimbursable Improvements and applicable interest are paid to the DEVELOPER as set out in this Agreement. i) The "quarterly installment payment'' shall mean an amount equal to one-half ('/2) of the sales tax revenue received by the CITY from the State generated by each Generator on the Property, or any additions to the Property. All amounts paid to the DEVELOPER will be due and payable solely from one-half ('/z) of the sales tax revenues received by the CITY from any Generator's sales for the preceding calendar quarter. ii) However, if the CITY no longer receives sales tax revenues from the Generator due to a change in Illinois statutes, then the CITY shall make payments to the DEVELOPER from any alternate sources of revenue provided to the CITY by the State, if any are made, specifically as a replacement or substitute for sales tax revenue presently received by the CITY. D. Verification of Costs. Following construction of the Reimbursable Improvements, DEVELOPER shall provide the CITY with final lien waivers and sworn contractor affidavit establishing the cost of such improvements. E. Commencement Date. The term of this Agreement shall be for ten (10) years commencing March 1 , 2005 and expiring March 1 , 2015, or such earlier date as DEVELOPER has received payment in fall hereunder. F. Sources of Funds to Pay Reimbursable Development Project Costs. i) Funds necessary to pay for the Incentives are to be solely derived from the sales tax generated by the Generators. This pledge of sales tax revenue hereby is approved by the CITY. ii) In order to comply with the terms of this Agreement, DEVELOPER shall require in writing all tenants in the Property and to any subsequent purchasers of any portion of the Property to direct the Illinois Department of Revenue to provide the CITY with —5— a breakdown of sales tax being remitted to the CITY for each commercial retailer on-site. In the event DEVELOPER or a commercial retailer fails to provide the CITY with written authority for release of said information from the Illinois Department of Revenue the CITY shall have no duty to remit sales tax proceeds from that commercial retailer to the DEVELOPER. 4. Assignability. It is expressly agreed and understood by the parties to this Agreement that the benefits contemplated in the Development/Economic Initiative Agreement and pursuant to 65 ILCS 5/8- 11 -20 (2002) are assignable at the option of the DEVELOPER. Upon such written assignment by the DEVELOPER, Generator shall have all rights currently vested in the DEVELOPER under the Development Agreements, this Ordinance and applicable law, and shall be entitled to enforce same by any legal or equitable remedy. If any Lot is sold by the DEVELOPER, DEVELOPER shall be entitled to continue to receive payments for Reimbursable Improvements pursuant to the Development/Economic Initiative Agreement unless specifically assigned by the DEVELOPER 5. Reimbursement Procedures. A. Sales Tax Reports. DEVELOPER agrees to cause all Generators to j execute and deliver to the CITY a written direction, in form and content acceptable to the CITY and the Illinois Department of Revenue ("DOW'), authorizing the DOR to release to the CITY the sales tax figures for the Generator, on a quarterly basis and during the term of this Agreement. The CITY agrees to take the necessary action to initiate the transaction. Should the DOR cease to release the sales tax information to the CITY on a quarterly basis, DEVELOPER and all Generators shall be responsible for any further action to obtain the sales tax information from the DOR or shall be responsible for submittal of the sales tax information from the DOR or shall be responsible for submittal of the sales tax information as provided for in the next paragraph of this Agreement. In the event the DOR fails to submit to the CITY the quarterly sales tax information for any Generator as provided for in Section A above, DEVELOPER shall cause Generators to, contemporaneous with the filing of sales tax reports with the Illinois Department of Revenue or successor agency, furnish to the CITY copies of any and all sales tax returns, sales tax reports, amendments, or any other paper filed with the State of Illinois, said Department of Revenue or other appropriate governmental entity, pertaining to the Generators, and certified as being true and correct, which documents are being provided to the CITY for purposes of identifying sales tax revenues collected pursuant to this Agreement. —6— I B. Confidentiality. The CITY acknowledges and agrees that information to be provided by Generators hereunder are proprietary and valuable information and that any disclosure or unauthorized use thereof will cause irreparable harm to DEVELOPER and/or DEVELOPER's affiliates and/or Generator and/or Generator's affiliates, and to the extent permitted by state of federal law, including but not limited to Section 7(1 )(g) of the Illinois Freedom of Information Act, the CITY agrees to hold in confidence all sales figures and other information provided by DEVELOPER or Generators or obtained from DEVELOPER' s or Generator's records in connection with this Agreement, and in connection therewith, the CITY shall not copy any such information except as necessary for dissemination to the CITY's agents or employees as permitted hereinafter. The CITY shall be permitted to disclose such information (i) to its agents or employees who are reasonably deemed by the CITY to have a need to know such information for purposes of this Agreement; provided, that such agents and employees shall hold in confidence such information to the extent required of the CITY hereunder or (ii) to the extent required by order of court or by state of federal law. The confidentiality requirements of this Agreement shall survive any expiration, termination or cancellation of this Agreement and shall continue to bind the CITY, its successors, assigns and legal representatives for a period of five (5) years from the termination, expiration or cancellation of this Agreement. All Generators shall be treated as third party beneficiaries to this Confidentiality provision. 6. Audit. Each payment by the CITY to DEVELOPER shall be accompanied by a statement executed by the City Treasurer or the Treasurer's designee, setting forth the calculations of such payment and identifying the sales tax return period to which the payment relates. The City Treasurer or the Treasurer's designee shall further issue a statement setting forth all payments made to date to DEVELOPER. DEVELOPER shall have one (1) year following the receipt of said payment to contest any of the calculations or information contained in said statements. DEVELOPER shall have the right to review all sales tax reports provided to the CITY by the state relating to any Generator upon two days written request by DEVELOPER. 7. Default/Right to Cure, No party shall be deemed in default hereunder until such Party has failed to cure the alleged default with ten (10) days in the case of a monetary default, or within thirty (3 0) days in the case of a non-monetary default, from notice of such default from the other Party; provided, however, if the nature of such non-monetary default is such that it cannot reasonably be cured within such thirty (30) days period, then such Party shall not be deemed in default if such Party —7— commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. In the event of a default and except as may be otherwise provided herein to the contrary, the non-defaulting party may: (i) terminate this Agreement upon written notice to the defaulting party, recover from the defaulting parry all damages incurred by the non-defaulting parry; (ii) except as may be otherwise expressly provided to the contrary herein, seek specific performance of this Agreement, and, in addition, recover all damages incurred by the non-defaulting party; (the parties declare it to be their intent that this Agreement may be specifically enforced); (iii) pursue all other remedies available at law, it being the intent of the parties that remedies be cumulative and liberally enforced so as to adequately and completely compensate the non- defaulting party. 8. No Obligation to Develop, Open or Operate. Nothing contained in this Agreement shall be deemed to obligate DEVELOPER, Generator or any of Generator's affiliates to construct any improvements on the Property or to open or operate any form of business in the Property for any period of time or at all. 9. Additional Covenants. A. Time. Time is of the essence unless otherwise stated in this Agreement and all time limits set forth are mandatory and cannot be waived except by a lawfully authorized and executed written waiver by the parry excusing such timely performance. B. Binding Effect.ffect. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. C. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such a court shall determine that the CITY does not have the power to perform any such provision, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. D. Notices. All notices and requests required pursuant to this Agreement shall be sent by certified mail as follows: To Developer: Wesley Property Corp. c/o Mr. Jeffrey Brown 204 W. Wheaton Ave. Yorkville, IL 60560 To the City: United City of Yorkville —8— 800 Game Farm Rd. Yorkville,H, 60560 E. Authority to Execute. The signatories of the parties hereto warrant that they have been lawfully authorized by the City Council of the CITY and the Board of Directors of DEVELOPER,to execute this Agreement on their behalf. F. Attorneys' Fees. If a parry commences a legal proceeding to enforce any of the terms of this Agreement,the prevailing party in such action shall have the right to recover reasonable attorneys' fees and costs from the other Party to be fixed by the court in the same action. G. Relationship of the Parties.Nothing herein shall be deemed or construed by the Parties or by any third party as creating the relationship of principal and agent or of partnership of or joint venture between the Parties, it being understood and agreed that no provision herein,nor any acts of the parties, shall be deemed to create any relationship between the parties. H. Remedies Not Exclusive. Except as may be otherwise expressly provided herein,the various rights and remedies herein contained and reserved to each of the parties,except as herein otherwise expressly provided, are not exclusive of any other right or remedy of such party,but are cumulative and in addition to every other remedy now or hereafter existing at law, in equity or by statute. No delay or omission of the right to exercise any power or remedy by either party shall impair any such right,power or remedy or be construed as a waiver of any default or non-performance or as acquiescence therein. IN WITNESS WHEREOF,this Agreement is entered into at Yorkville, Illinois, as of the date and year shown above. UNITED CITY OF YORKVILLE, WESEL PROP CORP. an Illinois Municipal Corpora 'on, an Illinoi C oration By: By: M P ENT A l�lJCn�lyQl Attest: CLEXK SECRETARY —9— Date: Z 12Z Date: -2- Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville,Illinois 60560 630.553.9500 -10- EXHIBIT "A" LEGAL DESCRIPTION LOT 3, EXCEPT THE WEST 796.00 FEET THEREOF, IN FINAL PLAT OF YORKVILLE BUSINESS CENTER SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST HALF OF SECTION 16 AND PART OF THE EAST HALF OF SECTION 17 AND ALSO BEING A REA SUBDIVISION OF WHEATON SUBDIVISION, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 10, 2000 AS DOCUMENT NO. 200000013808, IN KENDALL COUNTY, ILLINOIS . "T c m 2 '. C O N O O O O 3 N m '0 z z Z N m m �-I W m m D D m VI o m a o o o 0 O z z D c c c G) G) A G) G7 O md2, aa cQ r D z z @ G) G o o z A z z ; 0 O O D m z m m m (n N N m m D A O O 2 Z D D -� lO m A �• ° ° Z Z O A A O O m z m > yhw. pmr3- m N m m 0 0 m m m x m w � ao m c c �, Cu (n (n N O � mAOm p O c y m m z m µ °cm µ. . 0 0 T m c d. 0 a °m S z z D 0 m m > J h f0 p v n O A m m h h p m Z A m 7J cc m > y m O a �. ° p m m m z m G) _z z a c _ m m m > ;o An A O X a v < o' 2 = z c5 m c d z z a w o :E O " Mm A 3 N m D h m m m O O N n ti C m D oO O O p 0 C D i = z -< -< z z -< O 1 c ° c C m n m J Q Z N O O O N O 1 _z r z r m m UI p (All N (NTI N (T N O CI O O O O O O O O O 0 0 0 0 0 0 o N J A W O N A j W N j N N 1 N O N O N W O W W N N a 0) (011 A O A l"l O N O O N V W O r W J m tO W (n G G O O O O O O �' cn rn c O o0 o O o O o 0 0 0o fn {{ AS rrt < F t tF7 r Ex Smith Engineering Consultants , Inc . Civil/Siruciural Engineers and Surveyors PROPOSAL/AGREEMENT TRAFFIC IMPACT STUDY AND INTERSECTION DESIGN STUDY Mr. Jeff Brown President 204 W. Wheaton Avenue Yorkville, Illinois 60560 Phone: (630) 553-8300 Fax: (630) 553-8330 Traffic Impact Study and Intersection Design Study Intersection of IL Route 47 and Wheaton Avenue Yorkville, Illinois Job No. WHEA-040817-4, 9 February 16, 2005 Prepared by: ® E C E M '�� Camie R. Ferrier, P.E. L5 Project Manager r' i FEB 2 3 2005 :.. Reviewed by: SMITH ENGINEEROvU i, :�� r + Y James F. Hoving, P.E. YORro11t1E Vice President 759JohnStreet,Yorkville, M60560 www.sniithengineering.com Telephone 630.553.756o Fax630.553.7646 r, Mr. Jeff Brown F.E. Wheaton IL Route 47 and Wheaton Avenue WHEA-040817-4, 9 February 16, 2005 Page 2 Project Understanding l °leafon (Chen ) is seeking professional engineering services to prepare a Traffic Impact Study (TIS) and an Intersection Design Study (IDS) for the intersection of IL Route 47 and Wheaton Avenue in Yorkville, Illinois. This intersection is the entrance to the Yorkville Business Center. It is located north of the Burlington Northern Santa Fe Railroad in Yorkville and west of IL Route 47. Recent coordination between F.E. Wheaton, the City of Yorkville and the Illinois Department of Transportation (IDOT) indicates that right turn lanes, left turn lanes and traffic signals will be accepted at this intersection. This work will be considered to be the initial step in determining the extent of the proposed improvements required by IDOT and the City of Yorkville and to calculate a preliminary engineer's opinion of probable cost. Once the cost is determined and the scope of improvements is defined, the preparation of the final engineering documents can be undertaken (under separate contract). Scope of Work Smith Engineering Consultants, Inc. (SEC) will conduct the following tasks as part of this project: Traffic Impact Study 1 . Obtain Existing Traffic Data SEC will obtain traffic counts for the intersection of IL Route 47 and Wheaton Avenue. These traffic counts will consist of a 12-hour manual count on a weekday. The AM peak hour and PM peak hour will be determined. 2. Site Generated Traffic SEC will generate site traffic for the proposed buildout of the Yorkville Business Center using the most recent edition of the Institute of Transportation Engineers, Trip Generation Manual and information from the City of Yorkville regarding the type of land uses. This traffic will be distributed to the intersection of IL Route 47 and Wheaton Avenue. It is assumed that the existing three-legged intersection will remain a three-legged intersection. i I Mr. Jeff Brown F.E. Wheaton IL Route 47 and Wheaton Avenue WEEA-040817-41 9 February 16, 2005 Page 3 3. Future Traffic SEC will coordinate with IDOT regarding future growth of existing traffic volumes. Existing traffic volumes will be projected forward for the construction year, 5 year and 10 year design period in accordance with IDOT requirements. 4. Capacity Analysis Utilizing Highway Capacity software, complete a signalized capacity analysis for the intersection of IL Route 47 and Wheaton Avenue for the AM peak hour and the PM peak hour. The general geometry required for acceptable operations at the intersection of IL Route 47 and Wheaton Avenue will be indicated in a summary report. 5. Report SEC will prepare a report summarizing the methodologies used in conducting the engineering analyses, the findings of the analyses, and lastly, any recommendations. This report will be submitted to IDOT and the City of Yorkville for their review and concurrence. Intersection Design Study 1 . Survey SEC Surveying will complete a topographic survey of IL Route 47 from 50 feet north of Corneils Road to 50 feet south of the railroad overpass (approximately 3300' of roadway) and from Route 47 west along Wheaton Avenue extending through the first intersection will be obtained. The topographic survey will include cross-sections every 50' that extend 50' on either side of the existing R.O.W. Illinois East NAD 1983 state plane coordinates will be referenced. Horizontal and vertical control will be established along the existing roadway. Vertical control will reference NAVD 88 datum. Survey data will be imported into Microstation/Geopak format. A digital terrain model will be created. 2. Intersection Design Study Prepare an intersection design study for the following intersections showing proposed geometrics, traffic signal timing/sequence, and capacity analysis results using standard MOT format. SEC will coordinate scope of improvements and desired level of service with IDOT. 3 . Engineer's Opinion of Probable Cost Prepare an engineer's opinion of probable cost based on the scope of improvements outlined in the IDS. 4. Coordination / Administration Conduct general administrative tasks associated with the project. Conduct general coordination with F.E. Wheaton, the City of Yorkville and IDOT. r, Mr. Jeff Brown F.E. Wheaton IL Route 47 and Wheaton Avenue WHEA-040817 4, 9 February 16, 2005 Page 4 Man-hour and Fee Summary Based upon our understanding of the project, we believe a maximum of 366 hours will be required to complete the project. Following is a summary of the man-hour estimate and costs associated with this project to be administered on a lump sum basis. ITEM MAN-H LABOR CAST DIRECT Survey -04) 135 $10 195.00 Traffic Impact Stud -09 68 $ 5,820.00 *$ 1 ,500.00 Intersection Design Study -09 100 $ 85260.00 $ 100.00 -Meetings/Coordination -09 51 $ 43755.00 QA/QC (-09 12 $ 1 ,620.00 Sub-Total 366 $30,650.00 $ 1 ,600.00 TOTAL $32,250.00 * Traffic counts to be conducted by Traffic Surveys, Inc. ($ 1 ,500.00): r I Mr. Jeff Brown F.E. Wheaton IL Route 47 and Wheaton Avenue W IEA-040817-4, 9 February 16, 2005 Page 5 Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis with prior approval of the CLIENT. '.. Outside Consultants SMITH ENGINEERING CONSULTANTS, INC. (SEC) is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to SEC for use in preparation of plans. SEC is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. - Design Without Construction Review It is agreed that the professional services of SEC do not extend to or include the review or site observation of the contractor's work or performance. It is further agreed that the CLIENT will defend, indemnify and hold harmless SEC from any claim or suit whatsoever, including but not limited to all payments, expenses or costs involved, arising from the contractor's performance or the failure of the contractor's work to conform to the design intent and the contract documents. SEC agrees to be responsible for its employees negligent acts, errors or omissions. Attorneys' Fees In the event of any litigation arising from or related to the services provided under this AGREEMENT, the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees and other related expenses. Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in athird party claim, against SEC unless the CLIENT has first provided SEC with a written certification executed by an independent design professional currently practicing in the same discipline as SEC and licensed in the State of Illinois. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design Professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such actor omission constitutes such a violation. This certificate shall be provided to SEC not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any arbitration or judicial proceeding. Standard of Care Services provided by SEC under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Job Site Safety Neither the professional activities of SEC, nor the presence of SEC'S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. SEC and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, SEC and SEC'S consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. r, Mr. Jeff Brown F.E. Wheaton IL Route 47 and Wheaton Avenue WHEA-040817 4, 9 February 16, 2005 Page 6 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by SEC under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by SEC, shall be at the CLIENT's sole risk, and CLIENT shall indemnify and hold harmless SEC from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by SEC as instruments of service shall remain the property of SEC. SEC shall retain these records for a period of five (5) years following completion/submission ofthe records, during which period they will be made available to the CLIENT at all reasonable times. Drywells, Underdrains and Other Infiltration Devices Services provided by SEC under this AGREEMENT do NOT include the geotechnical design of drywells, underdrains, injection wells or any other item that may be devised for the purpose of removing water from the CLIENT'S property by infiltration into the ground. Due to the high variability of soil types and conditions such devices will not be reliable in all cases. While for this reason SEC does not recommend the use of these devices, in some cases their use may be necessary to obtain an adequate amount ofarea for development on the CLIENT'S property. Since the use of these devices is intended to enhance the value of the CLIENT'S property and, in some cases, allow development that would otherwise not be possible, the CLIENT will assume all risks inherent in the design and construction of these devices, unless the contractor or a Geotechnical Engineer assumes these risks. Typical risks include but are not limited to: 1. Failure to obtain the required release rate; 2. Variability of the soils encountered during construction from those encountered in soil borings; (Soils can vary widely over a small change in location, horizontal or vertical, particularly with regards to permeability.) 3. Failure of the device due to siltation, poor construction or changes in the water table•, 4. Need to obtain additional soils information (i.e. borings etc.) to evaluate the function of installed devices; 5. Reconstruction of failed or inadequate devices; - 6. Enlargement of detention/ retention facilities to make up for release rates that are lower than those used in the stormwater design, including engineering design and additional land required for such enlargement; and 7. Regular maintenance to remove accumulated silt over the device's life span. If the use of these devices is required SEC will advise the CLIENT that a Geotechnical Engineer must be retained to consult on the project. The CLIENT must enter into a separate agreement directly with this consultant. They will not be sub-contracted through SEC nor are their fees included as part of this AGREEMENT. SEC will work together with this consultant to obtain a final design. Our collaboration may include the use of a common standard detail or the creation of a new standard detail. SEC may make suggestions to the Geotechnical Engineer on ways to tailor these devices to meet the needs of the overall site design. The Geotechnical Engineer will evaluate these suggested details and modifications based on his experience and measured soils information to estimate the release rate for each detail considered. SEC may use a release rate of these devices as provided by the Geotechnical Engineer for the design of the stormwater system. This rate may be faxed to us, as a draft copy of the Geotechnical Engineers report or as a final copy of that report. In no case will SEC accept responsibility for the determination of the expected release rate of these devices. Mr. Jeff Brown F.E. Wheaton IL Route 47 and Wheaton Avenue WHEA-040817-4, 9 February 16, 2005 Page 7 If certification of the contractor's construction of these devices is required by the municipality or desired by the CLIENT a Geotechnical Engineer must also be obtained for these services. This is highly recommended in order to observe the actual soils where the devices are being constructed and to verify that the construction methods used do not violate any assumptions made by the Geotechnical Engineer during the design and evaluation of the standard detail. If a Geotechnical Engineer is not retained by the CLIENT to provide construction review, the CLIENT shall assume all risks that the devices may fail requiring additional geotechnical investigation or reconstruction. Any construction inspection services provided by SEC shall not include inspection of these devices. Failure to Abide by Design Documents or to Obtain Guidance The CLIENT agrees that it would be unfair to hold SEC liable for problems that might occur should SEC'S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow SEC'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing SEC's plans, specifications or other instruments o£service. Accordingly, the CLIENT waives any claim against SEC, and agrees to defend, indemnify and hold SEC harmless from any claim for injury or losses that results from failure to follow SEC's plans, specifications or design intent, or for failure to obtain and/or follow SEC'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing SEC'S plans, specifications or other instruments of services. The CLIENT also agrees to compensate SEC for any time spent and expenses incurred by SEC'S prevailing fee schedule and expense reimbursement policy. Opinion of Probable Construction Cost SEC shall submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by SEC. SEC is not a construction cost estimator or construction contractor, nor should SEC'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. SEC'S opinion will be based solely upon his or her own experience with construction. This requires SEC to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which SEC has no control. Given the assumptions which must be made, SEC cannot guarantee the accuracy of his or her opinions of cost, and in recognition of that fact, the CLIENT waives any claim against SEC relative to the accuracy of SEC'S opinion of probable construction cost. Design Information in Electronic Form Because CADD information stored in electronic form can be modified by other parties, intentionally or otherwise, without notice or indication of said modifications, SEC reserves the right to remove all indicia of its ownership and/or involvement in the material from each electronic medium not held in its possession. The CLIENT shall retain copies of the work performed by SEC in CADD form only for information and use by the CLIENT for the specific purpose for which SEC was engaged. Said materials shall not be used by the CLIENT, or transferred to any other party, for use in other projects, additions to the current project, or any other purpose for which the material was not strictly intended by SEC without SEC'S express written permission. Any use or reuse of original or altered CADD design materials by the CLIENT, agents of the CLIENT, or other parties without the review and written approval of SEC shall be at the sole risk of the CLIENT. Furthermore, the CLIENT agrees to defend, indemnify, and hold SEC harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out ofthe modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk and magnetic tape, maybe subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that SEC shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time SEC shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, SEC shall submit a final set of sealed drawings, and any additional services to be performed by SEC relative to the submitted electronic materials shall be subject to separate AGREEMENT. Mr. Jeff Brown F.E. Wheaton IL Route 47 and Wheaton Avenue WHEA-040817.4, 9 February 16, 2005 Page 8 Dispute Resolution In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Consultant and CLIENT agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. If the dispute cannot be settled amicably, it shall then be settled by arbitration in the State of Illinois in accordance with the American Arbitration Associates. The Award of the arbitrator shall be conclusive and binding upon the parties. The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of SEC and its subconsultants to the CLIENT for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attomeys' fees and costs and expert witness fees and costs, so that the total aggregate liability of SEC and its subconsultants to all those named shall not exceed SEC'S total fee for services rendered on this project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Hazardous Materials It is acknowledged by bath parties that SEC'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event SEC or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in anyway that such materials maybe present at the job site or any adjacent areas that may affect the performance of SEC'S services, SEC may, at its option and without liability for consequential or any other damages, suspend performance ofservices on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrant that the job site is in full compliance with applicable laws and regulations. Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These work items are considered extra and are billed separately on an hourly basis. Payment 1. All work will be invoiced on a monthly basis. All invoices shall be paid within 45 days of the invoice data. All outstanding invoices greater than 45 days shall have 1.5% interest compounded monthly added to the invoice. Additionally, all outstanding invoices must be paid in full before Final Plats of Subdivision will be submitted for recording or record drawings are submitted to municipalities for final approval. Should the CLIENT fail to pay for professional services hereunder, as billed within 45 days of such billing, SEC shall be excused from rendering any further services under this project. No work shall be signed or sealed until payment in full is received. 2. This AGREEMENT shall not be enforceable by either party until each has in its possession a copy of this AGREEMENT signed by the other. Time Limit This AGREEMENT must be executed within thirty (30) days of the composition date to be accepted under the terns set forth herein. This contract shall expire two year from date of execution. Work cannot begin until we have your signed AGREEMENT. If this AGREEMENT merits your approval and acceptance, please sign both copies, retain one copy for your files and return one to our office. r, Mr. Jeff Brown F.E. Wheaton IL Route 47 and Wheaton Avenue WHEA-040817-4, 9 February 16, 2005 Page 9 If you have any questions or comments, please feel free to contact our office. We sincerely appreciate this opportunity to offer our services. Sincerely, SMITH ENGINEERING CONSULTANTS, INC. Carrie R. Ferrier, P.E. Project Manager CRF/jmk Approved b . am G Irvin P.E. Title: Vice President D z Accepted by — 1j �4 t Title: �Mr , Date: Z 12�, Client: L:Vobs\SmithV004\040817 Rt 47 & Wheaton Ave TIS\administmtion\contract\040817 TIS and IDS Proposal 021605.doc 1[ KCC GUP DESIGN BUILD INC . February 16, 2005 Via E-Mail Mr. Jeff Brown President F. E. Wheaton 204 W. Wheaton Ave Yorkville, IL 60560 Re: Capital Improvement Summary 202 W. Wheaton Ave_ Yorkville, IL Dear Mr. Brown, As requested, below is a summary of the site development improvements made to your property as requested by the City of Yorkville. These improvements include: • Design of improvements along Wheaton Avenue. Extend 12" ductile Iron public watermain and associated hydrants along Wheaton Ave. across lot 3. • Complete 8" ductile iron fire protection water loop with associated hydrants at 300' intervals. • Provide access drive along east property line to provide access to future lots 1 and 2. Extend 10" ductile iron watermain along access drive to serve future lots 1 and 2 with water. • Extend sanitary sewer main along south property line of lot 3 to service future lots 1 and 2 with sanitary sewer. The cost associated with these improvements above is $214,275.00 Should you have any questions or need additional information to assist you, please feel free to contact me at any time. Sincerely, KCC Group Design + Build David Samm Project Engineer C/T y Reviewed By: Agenda Item Number 2 A o J Legal ❑ Mayor#7 11 "AM T Finance ❑ EST. �Z 1836 Engineer El-�� Tracking Number City Administrator ■ °°�°ov O Consultant ❑ Keda�$ed� oty CC 2011-99 4L. Chief Chief of Police ■ Agenda Item Summary Memo Title: Sergeants' Union Contract Amendments Meeting and Date: City Council—08/23/11 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: CC 5110/11 Action Taken: Approval of contract Item Number: CC 2011-36 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Chief Hart Police Name Department Agenda Item Notes: ��o cir� J� o Yorkville Police Department Memorandum > 804 Game Farm Road EST. �l 1836 Yorkville, Illinois 60560 ^� Telephone: 630-553-4340 O 1 Fax: 630-553-1141 rcenaau cowry CE Date: August 9, 2011 To: Mayor Gary Golinski City Council From: Chief of Police Rich Hart Reference: Sergeant Union Contract Changes Since we approved the Sergeants contract they have made a few minor changes. Listed below are the changes, the contract marked COPY is the one that was approved by City Council and the one marked ORIGINAL contains their changes. They have also ratified and signed the updated one (marked as ORIGINAL). Thank you for your time in this matter. Page 7 Section 9.2 Christmas Eve Day was left out and is now added to match Section 9.1. Page 12 Section 14.1 Seniority Added last sentence: Seniority list will list employee's time as employed by City, by the Police Department and by their rank. Page 18 Appendix B: Rate of pay with current longevity is listed at the bottom of the paragraph. Page 19 Side Letter of Understanding: Sergeant Ray Mikolasek was added and PATROLAMS unit changed to SEGEANTS UNIT. Illinois FOP Labor Council Representing Yorkville Sergeants And The United City of Yorkville Collective Bargaining Agreement 05-01-10 through 04-30-12 COPY TABLE OF CONTENTS ARTICLE 1 - RECOGNITION................................................................................................... 1 ARTICLE 2 - COUNCIL SECURITY....................................................................................... 1 Section2.1 Dues Check Off........................................................................................................ 1 Section2.2 Fair Share................................................................................................................. 1 Section 2.3 Council Indemnification .......................................................................................... 1 ARTICLE 3 - GRIEVANCE PROCEDURE............................................................................. 2 Section3.1 Definition.................................................................................................................2 Section 3.2 Grievance Procedure................................................................................................ 2 Section3.3 Arbitration................................................................................................................ 2 ARTICLE 4-MANAGEMENT RIGHTS................................................................................. 3 ARTICLE 5-NO STRIKE-NO LOCKOUT............................................................................. 3 ARTICLE6-WAGES.................................................................................................................4 Section6.1 Wages Rates.............................................................................................................4 Section6.2 Longevity Pay..........................................................................................................4 ARTICLE 7-HOURS OF WORK AND OVERTIME............................................................4 Section7.1 Application of Article..............................................................................................4 Section 7.2 Normal Workdays,Workweek................................................................................4 Section7.3 Overtime Pay...........................................................................................................4 Section7.4 Overtime Allocation................................................................................................. 5 Section7.5 Break Periods........................................................................................................... 5 Section 7.6 Compensatory Time..................... Section7.7 Call-Back Pay.......................................................................................................... 5 Section7.8 Off-Duty Court Time............................................................................................... 5 Section7.9 Switching Days Off................................................................................................. 6 Section7.10 Training..................................................................................................................6 Section7.11 Work Cycle............................................................................................................ 6 ARTICLE8 -VACATIONS........................................................................................................ 6 Section8.1 Paid Vacations ......................................................................................................... 6 Section8.2 Vacation Pay............................................................................................................ 6 Section8.3 Vacation Scheduling................................................................................................ 6 Section 8.4 Vacation Carryover.................................................................................................. 7 Section 8.5 Termination of Employment.......................... ARTICLE9 -HOLIDAYS........................................................................................................... 7 Section9.1 Holidays................................................................................................................... 7 Section9.2 Holiday Pay.............................................................................................................. 7 Section9.3 Floating Holidays..................................................................................................... 7 ARTICLE 10 - SICK LEAVE ..................................................................................................... 7 Section 10.1 Purpose Allowance and Accumulation................................................................. 7 Section 10.2 Medical Examination............................................................................................. 8 Section 10.3 Sick Leave Utilization............................................................................................ 8 Section10.4 Unused Sick Leave ................................................................................................ 8 ARTICLE 11 - OTHER LEAVES OF ABSENCE.................................................................... 9 Section 11.1 Unpaid Discretionary Leaves................................................................................. 9 Section11.2 Emergency Time Off............................................................................................. 9 i Section 11.3 Bereavement Pay................................................................................................... 9 Section 11.4 Family&Medical Leave Act of 1993 ................................................................... 9 ARTICLE 12 - OTHER BENEFITS ........................................................................................ 10 Section12.1 Uniform................................................................................................................ 10 Section 12.2 Drug and Alcohol Testing.................................................................................... 10 Section 12.3 On-the-Job Injury................................................................................................. 11 Section 12.4 Peace Officer's Disciplinary Act......................................................................... 11 Section 12.5 Health Maintenance Physical............................................................................... 11 Section 12.6 On-Call Sergeant.................................................................................................. 11 Section 12.7 Recreation Center Membership ........................................................................... 11 ARTICLE 13 -INSURANCE.................................................................................................... 11 Section 13.1 Medical Insurance................................................................................................ 11 Section 13.2 Life, Dental and Vision Coverage ..................................................... ........... 12 ARTICLE 14 - SENIORITY,LAYOFF AND RECALL........................................................ 12 Section 14.1 Definition of Seniority.......................................................................... ........... 12 Section 14.2 Seniority List........................................................................................................ 12 Section14.3 Layoff................................................................................................................... 13 Section14.4 Recall ................................................................................................................... 13 Section 14.5 Termination of Seniority...................................................................................... 13 Section 14.6 Effects of Layoff.................................................................................................. 14 ARTICLE 15 -AUTHORITY OF THE POLICE AND FIRE COMMISSION................... 14 ARTICLE 16 -ENTIRE AGREEMENT ................................................................................. 14 ARTICLE 17 -TERMINATION .............................................................................................. 16 Section17.1 Term..................................................................................................................... 16 APPENDIXA.............................................................................................................................. 17 APPENDIX B -ANNUAL SALARY RATES: PATROL OFFICERS.................................. 18 SIDE LETTER OF UNDERSTANDING................................................................................. 19 ii AGREEMENT between the UNITED CITY OF YORKVILLE, ILLINOIS (hereinafter called the "City") and ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCILIYORKV 1 LLE SERGEANT UNIT (hereinafter called the "Council"). ARTICLE 1 - RECOGNITION The City recognizes the Council as the sole and exclusive collective bargaining representative for the purpose of establishing wages, hours of work and other conditions of employment for all full-time sworn officers employed by the City of Yorkville Police Department in the rank of Sergeant but excluding all other employees employed by the City of Yorkville. ARTICLE 2 - COUNCIL SECURITY Section 2.1 Dues Check Off The City will deduct from the first paycheck each month the uniform, regular monthly Council dues for each employee in the bargaining unit who has filed with the City a voluntary dues check off authorization. The form of check off shall be as set forth in Appendix A attached hereto. If a conflict exists between the check off form and this Article, the terms of this Article control. Dues shall be remitted to the Council by the 15th day of the month following deduction. Section 2.2 Fair Share Any employee hired after the effective date of this Agreement who chooses not to be a member of the Council shall, as a condition of employment,be required to pay a fair share (not to exceed the amount of the Council dues) of the cost of the collective bargaining process and contract administration. The City shall deduct fair share amounts from employees' paychecks as required by this Article to the extent permitted by law and remit said amounts to the Council by the 15th day of the month following deduction. In the event that any employee covered hereby is precluded from making a fair share involuntary contribution as required by this Section on account of bona fide religious tenets or teachings of a church or religious body of which that employee is a member, that employee shall have the right to refuse to allow said involuntary deduction, provided, however, that said right to refuse shall continue only so long as the employee makes contributions at least equal in amount to the fair share fee amount to a nonreligious charitable organization mutually agreed upon by the employee so refusing and the Council. Section 2.3 Council Indemnification The Council shall indemnify, defend and save the City harmless against any and all claims, demands, suits or other forms of liability(monetary or otherwise) and for all legal costs that shall arise out of or by reason of action taken or not taken by the City in complying with the provisions of this Article. If an improper deduction is made,the Council shall refund directly to the employee any such amount. 1 ARTICLE 3 - GRIEVANCE PROCEDURE Section 3.1 Definition A"grievance" is defined as a difference of opinion raised by an employee or the Council against the City involving the interpretation or application of, or compliance with, the provisions of this Agreement, except disciplinary suspensions and terminations, at the election of the covered member, can be appealed through the Labor Agreement's Grievance Procedure or the City Board of Fire and Police Commission, but not both. The parties have negotiated an alternative procedure based upon the grievance and arbitration provisions of this Agreement, and the foregoing provisions with respect to the appeal and review of disciplinary action or discharge decisions shall be in lieu of, and shall expressly supersede and preempt, any provisions that might otherwise be the Rules and Regulations of the City's Board of Fire and Police Commissioners. Section 3.2 Grievance Procedure Recognizing that grievances should be raised and settled promptly, a grievance must be raised within fifteen (15) calendar days of the occurrence of the event giving rise to the grievance, or within fifteen (15) days after the Council or employee, through the use of reasonable diligence, could have obtained knowledge of the occurrence of the event first giving rise to the grievance. A grievance shall be processed as follows: STEP 1: Verbal to immediate Supervisor. By discussion between the employee, accompanied by one Council Officer if the employee so desires, and his immediate supervisor. The immediate supervisor shall answer verbally within seven (7) calendar days of this discussion. STEP 2: Appeal to Chief. If the grievance is not settled in Step 1, the Council may, within seven (7) calendar days following receipt of the immediate supervisor's answer, or when an answer was due, file a written grievance with the Chief of Police signed by the employee and one Council Officer setting forth the nature of the grievance and the contract provision(s) involved. The grievant and a Council representative and the Chief will discuss the grievance at a mutually agreeable time. If no agreement is reached in such discussion, the Chief will give his answer in writing within seven (7) calendar days of the discussion. Section 3.3 Arbitration If the grievance is not settled in Step 2 and the Council wishes to appeal the grievance, the Council may refer the grievance to arbitration within thirty (30) calendar days of receipt of the Chiefs written answer. (a) The parties shall attempt to agree upon an arbitrator after receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator, the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (S) 2 arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. The parties shall alternately strike names from the panel and the person remaining shall be the arbitrator. (b) The arbitrator shall be notified of his selection and shall be requested to set a time and place for the hearing, subject to the availability of Council and City representatives. (c) The arbitrator shall submit his decision in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later. (d) The fees and expenses of the arbitrator and the cost of a written transcript, if any, shall be divided equally between the City and the Council; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. (e) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. Any decision or award of the arbitrator shall be final and binding upon the City, the Council and the employees covered by this Agreement. ARTICLE 4 -MANAGEMENT RIGHTS The City retains all traditional rights to manage and direct the affairs of the City in all of its various aspects and to manage and direct its employees, including, but not limited to the following: to plan, direct, control and determine all the operations and services of the City; to supervise and direct the working forces; to establish the qualifications for employment and to employ employees; to schedule and assign work; to establish work standards and, from time to time, to change those standards; to assign overtime; to determine the methods, means, organization and number of personnel; to make, alter and enforce reasonable rules, regulations, orders and policies; to evaluate employees; to discipline, suspend and discharge employees for just cause (probationary employees without cause); to change or eliminate existing methods, equipment or facilities; to establish, implement and maintain an effective internal control program; to determine the overall budget; and to carry out the mission of the City provided, however, that the exercise of any of the above rights shall not conflict with any of the express written provisions of this Agreement. ARTICLE 5 -NO STRIKE-NO LOCKOUT No employees covered by this Agreement shall engage in, induce or encourage any strike, work stoppage, slowdown, or withholding of services. The Council agrees that neither it nor any of its members or agents will call, institute, authorize, participate in, sanction, or ratify any strike, work stoppage, slowdown, or withholding of services, during the term of this Agreement. The City will not lock out any employees during the term of this Agreement as a result of a labor dispute with the Council, or for any cause whatsoever, it being the intent of the parties that the employees not strike or"slowdown"and that the City not lock out any employees. 3 ARTICLE 6 -WAGES Section 6.1 Wages Rates During the term of this Agreement, employees shall be paid at the wage rates set forth in Appendix `B".. Section 62 Longevity Pay As part of their regular compensation and in addition to the wage rates set forth in Appendix B, employees shall receive an annual longevity pay stipend as follows: Years of Service Longevity Pay After 6 years but less than 9 years $ 750 After 9 years but less than 14 years $1,000 After 14 years but less than 20 years $1,500 After 20 years $2,000 ARTICLE 7- HOURS OF WORK AND OVERTIME Section 7.1 Application of Article This Article shall define the workweek and serve as a basis for calculating overtime payments. Nothing in this Agreement shall be construed as a guarantee of hours of work per day or per week. Section 7.2 Normal Workdays Workweek The shifts, workdays and hours to which employees are assigned shall be stated on a Departmental work schedule. The normal workday shall begin with a ten (10) minute roll call prior to the beginning of the work shift and shall include a paid thirty (30) minute off-duty lunch break for each eight (8) hours worked. Should it be necessary in the interest of efficient operations to alter shift starting or ending times or establish a different workday or workweek, the City will provide notice of such change to the individuals affected. Section 7.3 Overtime Pay When police officers are ordered to report for work which is in addition to the employee's normal work schedule, the employee shall be paid time and one-half the employee's regular straight-time rate for all such hours of overtime. For the purpose of calculating overtime, all compensated hours shall be considered as hours worked. The hourly rate for overtime purposes shall be determined by dividing the annual salary by 2,080. Overtime shall be computed to the nearest one-quarter hour. 4 Section 7.4 Overtime Allocation The Department will establish an overtime list based on seniority (most senior to least senior). The list will include all non-probationary employees who wish to be added to the list. The Supervisor in charge of filling the overtime shift (partial or full), will make the appropriate phone calls based on this list. The first phone call will be made to the most senior employee on the list and if that employee either does not respond or declines, the second person will be called and continue down the list until the shift is filled. If no full-time employees accept the shift, only then can the shift can be opened to either Supervisors or part-time employees. Section 7.5 Break Periods Employees shall receive a paid thirty (30) minute off-duty lunch period for each eight (8) hours worked and a fifteen (15) minute break during the first half of the shift and a fifteen (15) minute break during the second half of the shift. Breaks will be scheduled by the Department so as not to interfere with Department work. If an employee is called to duty while on a lunch break, then such employee shall be entitled to his thirty (30) minute lunch period for each eight (8) hours worked off-duty lunch break later on during his shift. If the work load does not allow an officer to take a lunch break before the end of his shift, then he shall be paid for overtime for his thirty (30) minute for each 8 hours worked off-duty lunch break. Such lunch breaks shall not be unreasonably denied. Section 7.6 Compensatoa Time Employees who are entitled to time and one-half overtime pay under this Agreement may elect compensatory time at time and one-half, in lieu of pay, to a maximum of two hundred forty (240) hours' compensatory time by giving advance notice to the Police Department. An employee with accrued compensatory time may make advance request for time off and time off will be approved by the Police Department based upon Departmental needs. At termination, all accumulated compensatory time must be paid in full in cash. Section 7.7 Call-Back Pay An employee covered by this Agreement who is called back to work after having left work shall receive a minimum of two (2) hours' work at time and one-half rates. A call back is defined as an assignment of work which does not immediately precede or follow an employee's regularly scheduled work hours. Section 7.8 Off-Duty Court Time When an employee is required to spend off-duty time in court on behalf of the City (including subpoena for deposition for work-related testimony), the employee will receive time and one- half for all hours worked, with a minimum pay guarantee of two hours' pay at time and one-half. 5 Section 7.9 Switching Days Off Employees may request the switching days off by written notice to the Chief and the Chief will approve these requests based upon Departmental needs. Section 7.10 Training When the Police Department schedules an employee in writing for mandatory off-duty training, including training schools, the employee shall be paid time and one-half for all hours in excess of eighty(80)hour pay period. Section 7.11 Work Cycle The parties recognize that the work cycle adopted by the City for purposes of Section 7K of the FLSA is 28 days. ARTICLE 8 -VACATIONS Section 8.1 Paid Vacations Employees who attain the years of continuous service with the Police Department as indicated in the following table shall receive vacation with pay as follows: Length of Continuous Service Vacation One (1) year through five (5) years 80 hours Six (6) years through ten (10) years 120 hours Eleven (11) years through fifteen(15) years 160 hours Sixteen (16) years and beyond 200 hours Employees earning eighty (80) or more hours vacation may take up to forty (40) hours' vacation as pay, once per year subject to the approval of the Department Head. Section 8.2 Vacation Pay Vacation pay shall be calculated on the basis of the employee's regular straight-time rate at the time the vacation is taken. Section 8.3 Vacation Scheduling Vacations shall be scheduled on a year-round basis. The Police Chief shall schedule vacations and determine the maximum number of employees who may be on vacation at any one time, taking into account the needs of the Police Department, employee advance requests, and employee seniority (if the vacation is requested by the employee by February 28). Vacations are normally taken in one week increments, except that the Police Chief may approve taking of one week of vacation in single day increments. 6 Section 8.4 Vacation Carryover An employee is permitted to carryover a maximum of 80 (eighty) hours of vacation time from one year to the next year. Section 8.5 Termination of Employment An employee who terminates after one full year of service shall receive pro-rated vacation pay on the basis of 1/12th for each full month worked past the employee's anniversary date. ARTICLE 9 - HOLIDAYS Section 9.1 Holidays The following holidays are observed under this Agreement: New Years' Day Veterans' Day Good Friday Thanksgiving Day Memorial Day Day After Thanksgiving Day Independence Day Christmas Eve Day Labor Day Christmas Day Presidents' Day Martin Luther King Day Section 9.2 Holiday Employees shall work all holidays which fall within the regular schedule, unless the employee has been granted approved time off. An employee shall receive eight(8) hours' straight time pay for each observed holiday if the employee does not work the holiday. An employee that starts a shift on and works during the calendar days of New Year' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall receive the eight (8) hours straight time pay, and any hours worked during that calendar day will be paid at an overtime rate. An employee that works during the calendar days of Good Friday, Presidents' Day, Veterans' Day, Day after Thanksgiving Day and Martin Luther King Day shall receive the eight (8) hours straight pay, and any hours worked will be paid at a regular rate. Section 9.3 Floating Holidays In addition to the twelve (12) holidays listed above, all employees will receive 2 floating holidays. Police Sergeants shall not receive additional compensation for the floating holidays. Such floating holidays shall be taken as a day off upon the approval of the Chief of Police. ARTICLE 10 - SICK LEAVE Section 10.1 Purpose Allowance and Accumulation Sick leave with pay is provided as a benefit in recognition that employees do contract various illnesses from time to time and that their financial resources may be diminished in such instances if pay is discontinued, and that it may not be in the best interest or health of the employee or 7 fellow employees to work while sick. Sick leave as contained herein may be taken by an employee who is unable to work by reason of a non-duty related illness, injury or disability. Employees shall accrue eight (8) sick leave hours per month to a maximum accrual of nine hundred sixty(960) hours. Section 10.2 Medical Examination The City may, at its discretion, require an employee to submit a physician's verification of illness or other conclusive evidence of illness, and such verification normally will be required for illnesses requiring the use of more than 3 working days of sick leave. Section 10.3 Sick Leave Utilization Sick leave may be utilized only for the purposes specified in Section 10.1. Employees utilizing paid sick leave hours shall be compensated for them according to their normal rate of pay. Employees will use accrued sick leave in reverse accrual order. Thus, when an employee uses a sick leave hour, the last sick leave hour earned is removed from his accumulated sick leave. Abuse of sick leave shall be considered grounds for disciplinary action. Absent employees who have exhausted their accumulated sick leave shall not be compensated for further absences unless approved by the City Council. 10.3a Sick Leave Donation Policy In recognition of the financial hardship that an extended, catastrophic illness can cause employees,the City is willing to facilitate the voluntary donation of sick leave among employees. If an employee voluntarily requests that the City transfer a portion of that employee's accrued sick time to an employee with a catastrophic illness,the City will facilitate that transfer. Such a request may be submitted in writing to the Finance Director. The name of the donor will be kept anonymous. An employee seeking to donate sick leave will be required to retain 30 days of sick leave time, but is not otherwise limited in the amount of sick leave time the employee can donate. An employee who receives donations of sick time from other employees will only be allowed to use that sick time when the employee has otherwise exhausted all accrued time off. Prior to approving the use of donated sick time and consistent with the City's sick leave policy, the City may require that the employee who receives donated sick time submit medical documentation supporting the continued use of sick time. Section 10.4 Unused Sick Leave (a) On May 15 of each year, an employee who has used less than the sick leave he has accumulated in the immediately preceding fiscal year(May 1 through April 30) will be asked if he wishes to sell back the accrued sick leave earned in that fiscal year at a rate equivalent to fifty(50%) percent of his regular rate of pay for each sick leave hour sold 8 back. Sick leave hours accumulated in previous fiscal years are not eligible to be sold back. The number of sick leave hours for which an employee elects cash compensation shall be deducted from such employee's accumulated sick leave.Employees electing to sell back their sick leave will be paid for them by June 15. (b) An employee who retires and who elects normal retirement at age fifty(50) or older shall be paid for unused sick leave at the rate of fifty percent (50%) of his regular daily rate of pay in effect on his last day of active work for the City for all accrued and unused sick leave accumulated. For example, an employee retiring with ninety-six (96) hours of accumulated but unused sick leave hours will be paid the equivalent of forty-eight (48) hours of pay at the employee's regular daily rate of pay. ARTICLE 11 - OTHER LEAVES OF ABSENCE Section 11.1 Unpaid Discretionary Leaves The Police Chief and the City Administrator, jointly, may grant an unpaid leave of absence to any bargaining unit employee where they determine there is good and sufficient reason. The City shall set the duration, terms and conditions of such leaves in writing. Section 11.2 Emergency Time Off Time away from work due to emergencies will be granted at the discretion of the Chief of Police. If granted, the Chief of Police shall set the duration, terms and conditions of such leave, including whether it is to be paid or whether it must be made up. Section 11.3 Bereavement Pay In the event of death of an immediate family member (mother, father, brother, sister, child, step- child, spouse, mother-in-law, father-in-law or in special cases as approved by the Chief of Police), an employee will be granted up to three (3) days time off with pay, providing the employee attends the funeral. These days are separate from floating holidays and sick hours. Section 11.4 Family&Medical Leave Act of 1993 The parties agree that the Employer may adopt policies to implement the Family and Medical Leave Act of 1993, as it may be amended from time to time ("FMLA"),that are in accord with what is legally permissible under the Act. 9 ARTICLE 12 - OTHER BENEFITS Section 12.1 Uniform The City will provide uniforms to employees, and replacement uniforms as authorized by the Chief of Police. The specific uniforms will be as approved by the City and the specifics of uniform content will be set forth in Departmental policy. Section 12.2 Drug and Alcohol Testing The City may require employees to submit to a urinalysis test and/or other appropriate test if the City determines there is reasonable suspicion that the employee has been using alcohol and/or drugs as defined in paragraph (c) hereof. Any such tests shall be at a time and place designated by the City and shall be at the City's expense. If an employee is directed to take such a test based on reasonable suspicion, the City shall provide the employee, upon request, with a written statement of the basis for the City's reasonable suspicion within 48 hours of the request. There shall be no random testing. (a) The City shall use only licensed clinical laboratories for such testing and shall be responsible for maintaining a proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe that the employee is tampering with the testing procedure. If the first test results in a positive finding, a confirmatory test (GC/MS or a scientifically accurate equivalent) shall be conducted. For alcohol, the test shall be deemed positive if it is .04 or above. An initial positive test result shall not be submitted to the City unless the confirmatory test result is also positive as to the same sample. If the City, contrary to the foregoing, receives the results of a positive first test which is not confirmed as provided above, such information shall be destroyed if received in writing. Upon request, the City shall provide an employee with a copy of any test results which the City receives with respect to such employee. (b) A portion of the tested sample shall be retained by the laboratory so that the employee may arrange for another confirmatory test (GC/MS or a scientifically accurate equivalent) to be conducted by a licensed clinical laboratory of the employee's choosing and at the employee's expense. Once the portion of the tested sample is delivered to the clinical laboratory selected by the employee, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. (c) Use of prescribed drugs at any time while employed by the City, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline, including termination. (d) The City will not take adverse employment action against an employee solely because that employee voluntarily requests treatment or counseling for an alcohol problem, unless such request follows the testing of an employee or the City otherwise determines that the employee is unfit for duty. 10 Section 12.3 On-the-Job Injury Employees shall receive workmen's compensation for on-the-job injury following the State of Illinois Workman's Compensation Act. Section 12.4 Peace Officer's Disciplinary Act Nothing in this Agreement shall abridge an employee's rights under the Illinois Uniform Peace Officer's Disciplinary Act, which Act is incorporated by reference as if fully set forth herein. Section 12.5 Health Maintenance Physical Employees will be given a health maintenance physical not more frequently than every two (2) years. The costs for the medical examination shall be paid by the City. The results of the physical shall remain confidential between the employee and the physician, except that the physician will give the Chief of Police a statement on fitness for duty. Section 12.6 On Call Sergeant Sergeants assigned to on-call duty shall receive four (4) additional floating holidays per year. The Council agrees that the on-call additional floating holidays are in place of a pay increase and that when a pay increase occurs that the council will agree to renegotiate on-call additional floating holidays. Section 12.7 Recreation Center Membership In an effort to promote healthy employees, the City shall provide all employees free annual basic membership to the City operated REC Center for the duration of their employment. ARTICLE 13 -INSURANCE Section 13.1 Medical Insurance The medical insurance program in effect when this Agreement is ratified shall be continued during the term of this Agreement; provided, however, the City retains the right to change insurance carriers, benefit levels, or to self-insure as it deems appropriate, so long as the new coverage and benefits are substantially similar to those in effect as of the date this Agreement is ratified, except that the employee's monthly contribution shall be required to pay ten percent (10%) of the premium for single or family coverage under the HMO insurance policy or plan offered by the City, or ten percent (10%) of the premium for single or family coverage under the PPO insurance policy or plan offered by the City, depending upon the employee's coverage election, and not to exceed the monthly dollar caps set forth in the table below. Such premium contributions shall be deducted from the employee's earnings, and are in addition to any co-pays, deductibles or out-of-pocket expenses to be paid by the employee. 11 May 1,2010 May 1, 2011 April 30, 2011 April 30, 2012 HMO Single 41.00 41.00 HMO Family 87.00 87.00 PPO Single 61.50 61.50 PPO Family 147.00 147.00 Subject to applicable provisions of the Internal Revenue Code, the City will maintain or establish a program to permit employee's to make premium contributions on a pre-tax basis. The employee medical insurance premium contributions set forth above shall be placed into effect only if the same, or greater, employee contributions are required from all other non-represented City employees covered by City provided medical insurance. If non-represented City employees covered by the City provided medical insurance plan pay less than the premium contributions specified herein, then bargaining unit employees shall likewise pay the same amount as such non-represented City employees. Section 13.2 Life, Dental and Vision Coverage The City shall continue in effect the current term life ($50,000 for an eligible employee; $10,000 for spouse; $2,500 for child aged 6 months to 19 years; $1,500 for infant from birth to 6 months), dental and vision coverages, subject to the terms and conditions of the applicable policy or plan provided by the City. Increases in the benefits of these plans for non-bargaining unit non- supervisory employees shall be offered to the bargaining unit employees on the same terms and conditions as they are offered to non-bargaining unit non-supervisory employees. ARTICLE 14 - SENIORITY, LAYOFF AND RECALL Section 14.1 Definition of Seniority Seniority shall be based on the promotion date of time from the last date of beginning continuous full-time employment as a sworn Sergeant in the Police Department of the United City of Yorkville. Conflicts of seniority shall be determined on the basis of the order of the Sergeants on the Board of Fire and Police Commissioners promotion list, with the Sergeant higher on the list being the more senior. Section 14.2 Senioritv List On or before May 1st of each year, the City will post a seniority list setting forth each employee's seniority date, and provide a copy of such list to a Council representative and the department head. The City shall not be responsible for any errors in the seniority list unless such errors are brought to the attention of the City in writing within thirty(30) calendar days after the list is posted. 12 Section 14.3 Layoff The City, in its discretion; shall determine whether layoffs are necessary. If it is determined that layoffs are necessary, employees covered by this agreement will be laid off in accordance with their seniority as provided in Illinois Statute (65 ILCS 5/10-2.1-18). Except in an emergency, no layoff will occur without at least ninety (90) calendar days notification to the Council. Section 14.4 Recall Employees who are laid off shall be placed on a recall list for a period of three (3) years. Employees with recall rights shall be recalled before the hiring of new full-time police officers. If there is a recall, employees who are on the recall list shall be recalled, in the inverse order of their layoff. Employees who are eligible for recall shall be given fourteen (14) calendar days' notice of recall and notice of recall shall be sent to the employee by certified or registered mail with a copy to the Council, provided that the employee must notify the Police Chief or his designee of his intention to return to work is within three(3) days after receiving notice of recall. The City shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to the mailing address last provided by the employee, it being the obligation and responsibility of the employee to provide the Police Chief or his designee with his latest mailing address. If an employee fails to timely respond to a recall notice his name shall be removed from the recall list, unless the employee can demonstrate to the City that his inability to respond was due to unforeseen circumstances beyond his control, in which case the employee may be eligible for the next recall that may occur during the three year period following his layoff Section 14.5 Termination of Seniori Seniority and the employment relationship shall be terminated for all purposes if the employee: (a) quits; (b) is discharged for just cause (probationary employees without cause); (c) retires or is retired; (d) falsifies the reason for a leave of absence, or is found to be working during a leave of absence without the advance written approval of the Police Chief; (e) fails to report to work at the conclusion of an authorized leave of absence or vacation, unless the employee can demonstrate to the City that his failure to report was due to unforeseen circumstances beyond the employee's control; (1) is laid off for a period in excess of three (3) years; (g) does not perform work for the City for a period in excess of twelve (12) months, 13 provided, however, this provision shall not be applicable to approved absences due to military service, established work related injury or illness compensable under workers' compensation law, or to employees receiving a duty related disability pension; or (h) is absent for two (2) consecutive working days without notifying the City unless the employee can demonstrate to the City that his failure to notify the City was due to unforeseen circumstances beyond the employee's control. Nothing in this Section is intended to interfere with the statutory jurisdiction and authority of the Yorkville Board of Fire and Police Commissioners, except disciplinary suspensions and terminations, at the election of the covered member, can be appealed through the Labor Agreement's Grievance Procedure or the City Board of Fire and Police Commission, but not both. Section 14.6 Effects of Layoff During the term of this Agreement, if the City exercises its discretion to layoff an employee,then the employee shall be afforded an opportunity to maintain the medical insurance in effect at the time he is laid off by paying, in advance, the full applicable monthly premium for his or her individual insurance coverage. If an employee opts to maintain his or her medical insurance under this section, then such employee shall be permitted to continue the insurance coverage for a period of up to eighteen (18) months from the date of layoff, or such greater period as may be required by law. Employee rights and benefits under this section are subject to the terms and conditions of the applicable insurance policy or plan. An employee who is laid off will be paid for earned, but unused, vacation time, and any other benefit time payout required by the terms this Agreement. ARTICLE 15 -AUTHORITY OF THE POLICE AND FIRE COMMISSION The parties recognize that the City Board of Fire and Police Commissioners has certain statutory authority over employees covered by this Agreement, including but limited to the right to make, alter and enforce rules and regulations. Nothing in this Agreement is intended in any way to replace or diminish the authority of the Board of Fire and Police Commissioners of the United City of Yorkville, except disciplinary suspensions and terminations, at the election of the covered member, can be appealed through the Labor Agreement's Grievance Procedure or the City Board of Fire and Police Commission,but not both. ARTICLE 16 - ENTIRE AGREEMENT This Agreement,upon ratification, supersedes all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties, and concludes collective bargaining for its term, except as expressly stated to the contrary herein. 14 The City and the Council, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, including the impact of the City's exercise of its rights as set forth herein on wages, hours or terms and conditions of employment, except as expressly stated to the contrary herein. In so agreeing, the parties acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Before making any changes in working conditions not contained in this Agreement which are mandatory topics of bargaining, the City shall notify the Council of its intention of the proposed change. Upon such notification, and if requested by the Council, the City shall meet with the Council and negotiate such change and its impact before it is finally implemented. Any change made without such notice shall be considered temporary pending the completion of such negotiations. If the Council becomes aware of such a change and has not received notification, the Council must notify the City as soon as possible and request negotiations if such negotiations are desired. The failure of the Council to request negotiations shall act as a waiver of the right to such negotiations by the Council. 15 ARTICLE 17- TERMINATION Section 17.1 Term This Agreement shall be effective upon execution and shall remain in full force and effect until April 30, 2012. It shall automatically be renewed from year to year thereafter unless one party shall notify the other in writing at least ninety (90) days prior to the anniversary date that it desires to modify this Agreement. Notwithstanding any provision of this Agreement to the contrary, this Agreement shall remain in effect after the expiration date while negotiations or resolution of impasse procedures for a new agreement are continuing. Executed this day of , 2011 FOR: FOR: THE UNITED CITY OF YORKVILLE ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL/YORKVILLE SERGEANTS UNIT By: Gary Golinski Samuel J. Stroup Mayor By: Richard Hart Terry Klingel Chief of Police Date: Jim Presnak Keith Turney Date: 16 APPENDIX A Dues Authorization Form For Payroll Deduction ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL 974 CLOCKTOWER DRIVE SPRINGFIELD, ILLINOIS 62704 1, , hereby authorize my Employer, The United City of Yorkville, to deduct from my wages the uniform amount of monthly dues set by the Illinois Fraternal Order of Police Labor Council, for expenses connected with the cost of negotiating and maintaining the collective bargaining agreement between the parties and to remit such dues to the Illinois Fraternal Order of Police Labor Council as it may from time to time direct. In addition, I authorize my Employer to deduct from wages any back dues owed to the Illinois Fraternal Order of Police Labor Council from the date of its certification as exclusive bargaining representative to the date this dues deduction is implemented, in such manner as it so directs.) Date: Signed: Address: City: State: Zip: Telephone: Employment Start Date: Title: ------------------------------------------------------------------------------------------------------------ Employer, please remit all dues deductions to: Illinois Fraternal Order of Police Labor Council Attn: Accounting 974 Clock Tower Drive Springfield, Illinois 62704 (217) 698-9433 Dues remitted to the Illinois Fraternal Order of Police Labor Council are not tax deductible as charitable contributions for federal income tax purposes; however,they may be deductible on Schedule A of Form 1040 as a miscellaneous deduction. 17 APPENDIX B -ANNUAL SALARY At time of negotiation, the top step of the patrol officer salary range is $66,000 per year (Bachelor's Degree, after 5 years on the job). City and Union agree that if any City of Yorkville employee receives any wage increase or increase in compensation during the term of this Labor Agreement for work of an equal nature to the work contained within the job description of that same employee prior to the wage increase, that the City Council shall amend this Labor Agreement by approving an appendix that stipulates that the Sergeants shall be immediately compensated at a rate of 15%higher than the top patrol officer salary in effect at the time the of the appendix approval. Said appendix shall be approved within 60 days of the instigator wage increase. Furthermore, if the instigator wage increase does not originate from the patrol officers, and the City must negotiate with the patrol officers as a result of that instigator wage increase, the City shall pass a second appendix that moves the sergeants to 15%above the top level of any amended patrol officers contract. 18 SIDE LETTER OF UNDERSTANDING The Illinois FOP Labor Council and the United City of Yorkville agree that the Council waives any right to bargain over the provisions of the City's revised employee hand book, as is on final draft date, with the understanding that if any section of the handbook conflicts with the express terms of the contract, then the contract shall govern. AGREED: FOR: FOR: THE UNITED CITY OF YORKVILLE ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL/YORKVILLE PATROLMAN UNIT By: Gary Golinski Samuel J. Stroup Mayor By: Richard Hart Terry Klingel Chief of Police Date: Jim Presnak Keith Turney Date: 19 Illinois FOP Labor Council Representing Yorkville Sergeants And The United City of Yorkville Collective Bargaining Agreement 05-01-10 through 04-30-12 V' F I N Aa L TABLE OF CONTENTS ARTICLE 1 -RECOGNITION................................................................................................... 1 ARTICLE 2 - COUNCIL SECURITY....................................................................................... 1 Section2.1 Dues Check Off........................................................................................................ 1 Section2.2 Fair Share................................................................................................................. 1 Section 2.3 Council Indemnification.......................................................................................... 1 ARTICLE 3 - GRIEVANCE PROCEDURE............................................................................. 2 Section3.1 Definition................................................................................................................. 2 Section 3.2 Grievance Procedure................................................................................................ 2 Section3.3 Arbitration................................................................................................................ 2 ARTICLE 4 - MANAGEMENT RIGHTS................................................................................. 3 ARTICLE 5 -NO STRIKE-NO LOCKOUT............................................................................. 3 ARTICLE 6 -WAGES................................................................................................................. 4 Section6.1 Wages Rates............................................................................................................. 4 Section6.2 Longevity Pay.......................................................................................................... 4 ARTICLE 7 -HOURS OF WORK AND OVERTIME............................................................ 4 Section 7.1 Application of Article.............................................................................................. 4 Section 7.2 Normal Workdays, Workweek............................................. ... 4 ................................ Section7.3 Overtime Pay........................................................................................................... 4 Section 7.4 Overtime Allocation................................................................................................. 5 Section7.5 Break Periods........................................:................................................................... 5 Section 7.6 Compensatory Time................................................................................................. 5 Section7.7 Call-Back Pay.......................................................................................................... 5 Section 7.8 Off-Duty.Court Time............................................................................................... 5 Section 7.9 Switching Days Off................................................................................................. 6 Section7.10 Training.................................................................................................................. 6 Section7.11 Work Cycle............................................................................................................ 6 ARTICLE 8 -VACATIONS........................................................................................................ 6 Section8.1 Paid Vacations ......................................................................................................... 6 Section8.2 Vacation Pay............................................................................................................ 6 Section 8.3 Vacation Scheduling................................................................................................ 6 Section 8.4 Vacation Carryover.................................................................................................. 7 Section 8.5 Termination of Employment.................................................................................... 7 ARTICLE 9 - HOLIDAYS........................................................................................................... 7 Section9.1 Holidays................................................................................................................... 7 Section9.2 Holiday Pay.............................................................................................................. 7 Section9.3 Floating Holidays..................................................................................................... 7 ARTICLE 10 - SICK LEAVE ..................................................................................................... 7 Section 10.1 Purpose Allowance and Accumulation................................................................. 7 Section 10.2 Medical Examination............................................................................................. 8 Section 10.3 Sick Leave Utilization............................................................................................ 8 Section 10.4 Unused Sick Leave ................................................................................................ 8 ARTICLE 11 - OTHER LEAVES OF ABSENCE.................................................................... 9 Section 11.1 Unpaid Discretionary Leaves................................................................................. 9 Section 11.2 Emergency Time Off............................................................................................. 9 i Section 11.3 Bereavement Pay................................................................................................... 9 Section 11.4 Family&Medical Leave Act of 1993 ................................................................... 9 ARTICLE 12 - OTHER BENEFITS ........................................................................................ 10 Section12.1 Uniform........................................................................................................... 10 Section 12.2 Drug and Alcohol Testing.................................................................................... 10 Section 12.3 On-the-Job Injury................................................................................................. 11 Section 12.4 Peace Officer's Disciplinary Act......................................................................... 11 Section 12.5 Health Maintenance Physical............................................................................... 11 Section 12.6 On-Call Sergeant.................................................................................................. 11 Section 12.7 Recreation Center Membership ........................................................................... 11 ARTICLE 13 -INSURANCE.................................................................................................... 11 Section 13.1 Medical Insurance................................................................................................ 11 Section 13.2 Life, Dental and Vision Coverage ....................................................................... 12 ARTICLE 14 - SENIORITY, LAYOFF AND RECALL........................................................ 12 Section 14.1 Definition of Seniority......................................................................................... 12 Section 14.2 Seniority List........................................................................................................ 12 Section14.3 Layoff.................................................................................................................. 13 Section14.4 Recall................................................................................................................... 13 Section 14.5 Termination of Seniority.......................................... ... 13 ......................................... Section 14.6 Effects of Layoff.................................................................................................. 14 ARTICLE 15 -AUTHORITY OF THE POLICE AND FIRE COMMISSION................... 14 ARTICLE 16 -ENTIRE AGREEMENT ................................................................................. 14 ARTICLE 17 - TERMINATION .....................................................................................I........ 16 Section17.1 Term..................................................................................................................... 16 APPENDIXA.............................................................................................................................. 17 APPENDIX B-ANNUAL SALARY RATES: PATROL OFFICERS.................................. 18 SIDE LETTER OF UNDERSTANDING................................................................................. 19 ii AGREEMENT between the UNITED CITY OF YORKVILLE, ILLINOIS (hereinafter called the "City") and ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL/YORKV 1 LLE SERGEANT UNIT (hereinafter called the"Council"). ARTICLE 1 -RECOGNITION The City recognizes the Council as the sole and exclusive collective bargaining representative for the purpose of establishing wages, hours of work and other conditions of employment for all full-time sworn officers employed by the City of Yorkville Police Department in the rank of Sergeant but excluding all other employees employed by the City of Yorkville. ARTICLE 2 - COUNCIL SECURITY Section 2.1 Dues Check Off The City will deduct from the first paycheck each month the uniform, regular monthly Council dues for each employee in the bargaining unit who has filed with the City a voluntary dues check off authorization. The form of check off shall be as set forth in Appendix A attached hereto. If a conflict exists between the check off form and this Article, the terms of this Article control. Dues shall be remitted to the Council by the 15th day of the month following deduction. Section 2.2 Fair Share Any employee hired after the effective date of this Agreement who chooses not to be a member of the Council shall, as a condition of employment, be required to pay a fair share (not to exceed the amount of the Council dues) of the cost of the collective bargaining process and contract administration. The City shall deduct fair share amounts from employees' paychecks as required by this Article to the extent permitted by law and remit said amounts to the Council by the 15th day of the month following deduction. In the event that any employee covered hereby is precluded from making a fair share involuntary contribution as required by this Section on account of bona fide religious tenets or teachings of a church or religious body of which that employee is a member, that employee shall have the right to refuse to allow said involuntary deduction, provided, however, that said right to refuse shall continue only so long as the employee makes contributions at least equal in amount to the fair share fee amount to a nonreligious charitable organization mutually agreed upon by the employee so refusing and the Council. Section 2.3 Council Indemnification The Council shall indemnify, defend and save the City harmless against any and all claims, demands, suits or other forms of liability(monetary or otherwise) and for all legal costs that shall arise out of or by reason of action taken or not taken by the City in complying with the provisions of this Article. If an improper deduction is made, the Council shall refund directly to the employee any such amount. 1 ARTICLE 3 - GRIEVANCE PROCEDURE Section 3.1 Definition A "grievance" is defined as a difference of opinion raised by an employee or the Council against the City involving the interpretation or application of, or compliance with, the provisions of this Agreement, except disciplinary suspensions and terminations, at the election of the covered member, can be appealed through the Labor Agreement's Grievance Procedure or the City Board of Fire and Police Commission, but not both. The parties have negotiated an alternative procedure based upon the grievance and arbitration provisions of this Agreement, and the foregoing provisions with respect to the appeal and review of disciplinary action or discharge decisions shall be in lieu of, and shall expressly supersede and preempt, any provisions that might otherwise be the Rules and Regulations of the City's Board of Fire and Police Commissioners. Section 3.2 Grievance Procedure Recognizing that grievances should be raised and settled promptly, a grievance must be raised within fifteen (15) calendar days of the occurrence of the event giving rise to the grievance, or within fifteen (15) days after the Council or employee, through the use of reasonable diligence, could have obtained knowledge of the occurrence of the event first giving rise to the grievance. A grievance shall be processed,as follows: STEP 1: Verbal to immediate Supervisor. By discussion between the employee, accompanied by one Council Officer if the employee so desires, and his immediate supervisor. The immediate supervisor shall answer verbally within seven (7) calendar days of this discussion. STEP 2: Appeal to Chief. If the grievance is not settled in Step 1, the Council may, within seven (7) calendar days following receipt of the immediate supervisor's answer, or when an answer was due, file a written grievance with the Chief of Police signed by the employee and one Council Officer setting forth the nature of the grievance and the contract provision(s) involved. The grievant and a Council representative and the Chief will discuss the grievance at a mutually agreeable time. If no agreement is reached in such discussion, the Chief will give his answer in writing within seven (7) calendar days of the discussion. Section 3.3 Arbitration If the grievance is not settled in Step 2 and the Council wishes to appeal the grievance, the Council may refer the grievance to arbitration within thirty (30) calendar days of receipt of the Chiefs written answer. (a) The parties shall attempt to agree upon an arbitrator after receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator, the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (S) 2 arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. The parties shall alternately strike names from the panel and the person remaining shall be the arbitrator. (b) The arbitrator shall be notified of his selection and shall be requested to set a time and place for the hearing, subject to the availability of Council and City representatives. (c) The arbitrator shall submit his decision in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later. (d) The fees and expenses of the arbitrator and the cost of a written transcript, if any, shall be divided equally between the City and the Council; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. (e) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. Any decision or award of the arbitrator shall be final and binding upon the City, the Council and the employees covered by this Agreement. ARTICLE 4 -MANAGEMENT RIGHTS The City retains all traditional rights to manage and direct the affairs of the City in all of its various aspects and to manage and direct its employees, including, but not limited to the following: to plan, direct, control and determine all the operations and services of the City; to supervise and direct the working forces; to establish the qualifications for employment and to employ employees; to schedule and assign work; to establish work standards and, from time to time, to change those standards; to assign overtime; to determine the methods, means, organization and number of personnel; to make, alter and enforce reasonable rules, regulations, orders and policies; to evaluate employees; to discipline, suspend and discharge employees for just cause (probationary employees without cause); to change or eliminate existing methods, equipment or facilities; to establish, implement and maintain an effective internal control program; to determine the overall budget; and to carry out the mission of the City provided, however, that the exercise of any of the above rights shall not conflict with any of the express written provisions of this Agreement. ARTICLE 5 -NO STRIKE-NO LOCKOUT No employees covered by this Agreement shall engage in, induce or encourage any strike, work stoppage, slowdown, or withholding of services. The Council agrees that neither it nor any of its members or agents will call, institute, authorize, participate in, sanction, or ratify any strike, work stoppage, slowdown, or withholding of services, during the term of this Agreement. The City will not lock out any employees during the term of this Agreement as a result of a labor dispute with the Council, or for any cause whatsoever, it being the intent of the parties that the employees not strike or"slowdown" and that the City not lock out any employees. 3 ARTICLE 6 -WAGES Section 6.1 Wages Rates During the term of this Agreement, employees shall be paid at the wage rates set forth in Appendix "B".. Section 6.2 Longevity Pay As part of their regular compensation and in addition to the wage rates set forth in Appendix B, employees shall receive an annual longevity pay stipend as follows: Years of Service Longevity Pay After 6 years but less than 9 years $ 750 After 9 years but less than 14 years $1,000 After 14 years but less than 20 years $1,500 After 20 years $2,000 ARTICLE 7- HOURS OF WORK AND OVERTIME Section 7.1 Application of Article This Article shall define the workweek and serve as a basis for calculating overtime payments. Nothing in this Agreement shall be construed as a guarantee of hours of work per day or per week. Section 7.2 Normal Workdays, Workweek The shifts, workdays and hours to which employees are assigned shall be stated on a Departmental work schedule. The normal workday shall begin with a ten (10) minute roll call prior to the beginning of the work shift and shall include a paid thirty (30) minute off-duty lunch break for each eight (8) hours worked. Should it be necessary in the interest of efficient operations to alter shift starting or ending times or establish a different workday or workweek, the City will provide notice of such change to the individuals affected. Section 7.3 Overtime Pay When police officers are ordered to report for work which is in addition to the employee's normal work schedule, the employee shall be paid time and one-half the employee's regular straight-time rate for all such hours of overtime. For the purpose of calculating overtime, all compensated hours shall be considered as hours worked. The hourly rate for overtime purposes shall be determined by dividing the annual salary by 2,080. Overtime shall be computed to the nearest one-quarter hour. 4 Section 7.4 Overtime Allocation The Department will establish an overtime list based on seniority (most senior to least senior). The list will include all non-probationary employees who wish to be added to the list. The Supervisor in charge of filling the overtime shift (partial or full), will make the appropriate phone calls based on this list. The first phone call will be made to the most senior employee on the list and if that employee either does not respond or declines, the second person will be called and continue down the list until the shift is filled. If no full-time employees accept the shift, only then can the shift can be opened to either Supervisors or part-time employees. Section 7.5 Break Periods Employees shall receive a paid thirty (30) minute off-duty lunch period for each eight (8) hours worked and a fifteen (15) minute break during the first half of the shift and a fifteen (15) minute break during the second half of the shift. Breaks will be scheduled by the Department so as not to interfere with Department work. If an employee is called to duty while on a lunch break, then such employee shall be entitled to his thirty(30) minute lunch period for each eight (8) hours worked off-duty lunch break later on during his shift. If the work load does not allow an officer to take a lunch break before the end of his shift, then he shall be paid for overtime for his thirty (30) minute for each 8 hours worked off-duty lunch break. Such lunch breaks shall not be unreasonably denied. Section 7.6 Compensatory Time Employees who are entitled to time and one-half overtime pay under this Agreement may elect compensatory time at time and one-half, in lieu of pay, to a maximum of two hundred forty (240) hours' compensatory time by giving advance notice to the Police Department. An employee with accrued compensatory time may make advance request for time off and time off will be approved by the Police Department based upon Departmental needs. At termination, all accumulated compensatory time must be paid in full in cash. Section 7.7 Call-Back Pay An employee covered by this Agreement who is called back to work after having left work shall receive a minimum of two (2) hours' work at time and one-half rates. A call back is defined as an assignment of work which does not immediately precede or follow an employee's regularly scheduled work hours. Section 7.8 Off-Duty Court Time When an employee is required to spend off-duty time in court on behalf of the City (including subpoena for deposition for work-related testimony), the employee will receive time and one- half for all hours worked, with a minimum pay guarantee of two hours' pay at time and one-half. 5 Section 7.9 Switching Days Off Employees may request the switching days off by written notice to the Chief and the Chief will approve these requests based upon Departmental needs. Section 7.10 Training When the Police Department schedules an employee in writing for mandatory off-duty training, including training schools, the employee shall be paid time and one-half for all hours in excess of eighty(8 0) hour pay period. Section 7.11 Work Cycle The parties recognize that the work cycle adopted by the City for purposes of Section 7K of the FLSA is 28 days. ARTICLE 8 - VACATIONS Section 8.1 Paid Vacations Employees who attain the years of continuous service with the Police Department as indicated in the following table shall receive vacation with pay as follows: Length of Continuous Service Vacation One(1) year through five (5) years 80 hours Six (6) years through ten (10) years 120 hours Eleven (11) years through fifteen (15) years 160 hours Sixteen(16) years and beyond 200 hours Employees earning eighty (80) or more hours vacation may take up to forty (40) hours' vacation as pay, once per year subject to the approval of the Department Head. Section 8.2 Vacation Pay Vacation pay shall be calculated on the basis of the employee's regular straight-time rate at the time the vacation is taken. Section 8.3 Vacation Scheduling Vacations shall be scheduled on a year-round basis. The Police Chief shall schedule vacations and determine the maximum number of employees who may be on vacation at any one time, taking into account the needs of the Police Department, employee advance requests, and employee seniority (if the vacation is requested by the employee by February 28). Vacations are normally taken in one week increments, except that the Police Chief may approve taking of one week of vacation in single day increments. 6 Section 8.4 Vacation Carrvover An employee is permitted to carryover a maximum of eighty (80) hours of vacation time from one year to the next year. Section 8.5 Termination of Employment An employee who terminates after one full year of service shall receive pro-rated vacation pay on the basis of 1/12th for each full month worked past the employee's anniversary date. ARTICLE 9 - HOLIDAYS Section 9.1 Holidays The following holidays are observed under this Agreement: New Years' Day Veterans' Day Good Friday Thanksgiving Day Memorial Day Day After Thanksgiving Day Independence Day Christmas Eve Day Labor Day Christmas Day Presidents' Day Martin Luther King Day Section 9.2 Holiday Pay Employees shall work all holidays which fall within the regular schedule, unless the employee has been granted approved time off. An employee shall receive eight(8) hours' straight time pay for each observed holiday if the employee does not work the holiday. An employee that starts a shift on and works during the calendar days of New Year' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall receive the eight (8) hours straight time pay, and any hours worked during that calendar day will be paid at an overtime rate. An employee that works during the calendar days of Good Friday, Presidents' Day, Veterans' Day, Day after Thanksgiving Day, Christmas Eve Day and Martin Luther King Day shall receive the eight (8) hours straight pay, and any hours worked will be paid at a regular rate. Section 9.3 Floating Holidays In addition to the twelve (12) holidays listed above, all employees will receive 2 floating holidays. Police Sergeants shall not receive additional compensation for the floating holidays. Such floating holidays shall be taken as a day off upon the approval of the Chief of Police. ARTICLE 10 - SICK LEAVE Section 10.1 Purpose Allowance and Accumulation Sick leave with pay is provided as a benefit in recognition that employees do contract various illnesses from time to time and that their financial resources may be diminished in such instances if pay is discontinued, and that it may not be in the best interest or health of the employee or 7 fellow employees to work while sick. Sick leave as contained herein may be taken by an employee who is unable to work by reason of a non-duty related illness, injury or disability. Employees shall accrue eight (8) sick leave hours per month to a maximum accrual of nine hundred sixty(960) hours. Section 10.2 Medical Examination The City may, at its discretion, require an employee to submit a physician's verification of illness or other conclusive evidence of illness, and such verification normally will be required for illnesses requiring the use of more than 3 working days of sick leave. Section 10.3 Sick Leave Utilization Sick leave may be utilized only for the purposes specified in Section 10.1. Employees utilizing paid sick leave hours shall be compensated for them according to their normal rate of pay. Employees will use accrued sick leave in reverse accrual order. Thus, when an employee uses a sick leave hour, the last sick leave hour earned is removed from his accumulated sick leave. Abuse of sick leave shall be considered grounds for disciplinary action. Absent employees who have exhausted their accumulated sick leave shall not be compensated for further absences unless approved by the City Council. 10.3a Sick Leave Donation Policy In recognition of the financial hardship that an extended, catastrophic illness can cause employees, the City is willing to facilitate the voluntary donation of sick leave among employees. If an employee voluntarily requests that the City transfer a portion of that employee's accrued sick time to an employee with a catastrophic illness,the City will facilitate that transfer. Such a request may be submitted in writing to the Finance Director. The name of the donor will be kept anonymous. An employee seeking to donate sick leave will be required to retain 30 days of sick leave time, but is not otherwise limited in the amount of sick leave time the employee can donate. An employee who receives donations of sick time from other employees will only be allowed to use that sick time when the employee has otherwise exhausted all accrued time off. Prior to approving the use of donated sick time and consistent with the City's sick leave policy, the City may require that the employee who receives donated sick time submit medical documentation supporting the continued use of sick time. Section 10.4 Unused Sick Leave (a) On May 15 of each year, an employee who has used less than the sick leave he has accumulated in the immediately preceding fiscal year(May 1 through April 30) will be asked if he wishes to sell back the accrued sick leave earned in that fiscal year at a rate equivalent to fifty (50%) percent of his regular rate of pay for each sick leave hour sold 8 back. Sick leave hours accumulated in previous fiscal years are not eligible to be sold back. The number of sick leave hours for which an employee elects cash compensation shall be deducted from such employee's accumulated sick leave. Employees electing to sell back their sick leave will be paid for them by June 15. (b) An employee who retires and who elects normal retirement at age fifty (50) or older shall be paid for unused sick leave at the rate of fifty percent (50%) of his regular daily rate of pay in effect on his last day of active work for the City for all accrued and unused sick leave accumulated. For example, an employee retiring with ninety-six (96) hours of accumulated but unused sick leave hours will be paid the equivalent of forty-eight (48) hours of pay at the employee's regular daily rate of pay. ARTICLE 11 - OTHER LEAVES OF ABSENCE Section 11.1 Unpaid Discretionary Leaves The Police Chief and the City Administrator, jointly, may grant an unpaid leave of absence to any bargaining unit employee where they determine there is good and sufficient reason. The City shall set the duration, terms and conditions of such leaves in writing. Section 11.2 Emergency Time Off Time away from work due to emergencies will be granted at the discretion of the Chief of Police. If granted, the Chief of Police shall set the duration, terms and conditions of such leave, including whether it is to be paid or whether it must be made up. Section 11.3 Bereavement Pay In the event of death of an immediate family member (mother, father, brother, sister, child, step- child, spouse, mother-in-law, father-in-law or in special cases as approved by the Chief of Police), an employee will be granted up to three (3) days time off with pay, providing the employee attends the funeral. These days are separate from floating holidays and sick hours. Section 11.4 Family&Medical Leave Act of 1993 The parties agree that the Employer may adopt policies to implement the Family and Medical Leave Act of 1993, as it may be amended from time to time("FMLA"), that are in accord with what is legally permissible under the Act. 9 ARTICLE 12 - OTHER BENEFITS Section 12.1 Uniform The City will provide uniforms to employees, and replacement uniforms as authorized by the Chief of Police. The specific uniforms will be as approved by the City and the specifics of uniform content will be set forth in Departmental policy. Section 12.2 Drug and Alcohol Testing The City may require employees to submit to a urinalysis test and/or other appropriate test if the City determines there is reasonable suspicion that the employee has been using alcohol and/or drugs as defined in paragraph (c) hereof. Any such tests shall be at a time and place designated by the City and shall be at the City's expense. If an employee is directed to take such a test based on reasonable suspicion, the City shall provide the employee, upon request, with a written statement of the basis for the City's reasonable suspicion within 48 hours of the request. There shall be no random testing. (a) The City shall use only licensed clinical laboratories for such testing and shall be responsible for maintaining a proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe that the employee is tampering with the testing procedure. If the first test results in a positive finding, a confirmatory test (GC/MS or a scientifically accurate equivalent) shall be conducted. For alcohol, the test shall be deemed positive if it is .04 or above. An initial positive test result shall not be submitted to the City unless the confirmatory test result is also positive as to the same sample. If the City, contrary to the foregoing, receives the results of a positive first test which is not confirmed as provided above, such information shall be destroyed if received in writing. Upon request, the City shall provide an employee with a copy of any test results which the City receives with respect to such employee. (b) A portion of the tested sample shall be retained by the laboratory so that the employee may arrange for another confirmatory test (GC/MS or a scientifically accurate equivalent) to be conducted by a licensed clinical laboratory of the employee's choosing and at the employee's expense. Once the portion of the tested sample is delivered to the clinical laboratory selected by the employee, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. (c) Use of prescribed drugs at any time while employed by the City, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline, including termination. (d) The City will not take adverse employment action against an employee solely because that employee voluntarily requests treatment or counseling for an alcohol problem, unless such request follows the testing of an employee or the City otherwise determines that the employee is unfit for duty. 10 Section 12.3 On-the-Job In Employees shall receive workmen's compensation for on-the-job injury following the State of Illinois Workman's Compensation Act. Section 12.4 Peace Officer's Disciplinary Act Nothing in this Agreement shall abridge an employee's rights under the Illinois Uniform Peace Officer's Disciplinary Act, which Act is incorporated by reference as if fully set forth herein. Section 12.5 Health Maintenance Physical Employees will be given a health maintenance physical not more frequently than every two (2) years. The costs for the medical examination shall be paid by the City. The results of the physical shall remain confidential between the employee and the physician, except that the physician will give the Chief of Police a statement on fitness for duty. Section 12.6 On Call Sergeant Sergeants assigned to on-call duty shall receive four (4) additional floating holidays per year. The Council agrees that the on-call additional floating holidays are in place of a pay increase and that when a pay increase occurs that the council will agree to renegotiate on-call additional floating holidays. Section 12.7 Recreation Center Membership In an effort to promote healthy employees, the City shall provide all employees free annual basic membership to the City operated REC Center for the duration of their employment. ARTICLE 13 -INSURANCE Section 13.1 Medical Insurance The medical insurance program in effect when this Agreement is ratified shall be continued during the term of this Agreement; provided, however, the City retains the right to change insurance carriers, benefit levels, or to self-insure as it deems appropriate, so long as the new coverage and benefits are substantially similar to those in effect as of the date this Agreement is ratified, except that the employee's monthly contribution shall be required to pay ten percent (10%) of the premium for single or family coverage under the HMO insurance policy or plan offered by the City, or ten percent (10%) of the premium for single or family coverage under the PPO insurance policy or plan offered by the City, depending upon the employee's coverage election, and not to exceed the monthly dollar caps set forth in the table below. Such premium contributions shall be deducted from the employee's earnings, and are in addition to any co-pays, deductibles or out-of-pocket expenses to be paid by the employee. 11 May 1,2010- May 1, 2011- April 30, 2011 April 30, 2012 HMO Single 41.00 41.00 HMO Family 87.00 87.00 PPO Single 61.50 61.50 PPO Family 147.00 147.00 Subject to applicable provisions of the Internal Revenue Code, the City will maintain or establish a program to permit employee's to make premium contributions on a pre-tax basis. The employee medical insurance premium contributions set forth above shall be placed into effect only if the same, or greater, employee contributions are required from all other non-represented City employees covered by City provided medical insurance. If non-represented City employees covered by the City provided medical insurance plan pay less than the premium contributions specified herein, then bargaining unit employees shall likewise pay the same amount as such non-represented City employees. Section 13.2 Life, Dental and Vision Coverage The City shall continue in effect the current term life ($50,000 for an eligible employee; $10,000 for spouse;,$2,500 for child aged 6 months to 19 years; $1,500 for infant from birth to 6 months), dental and vision coverages, subject to the terms and conditions of the applicable policy or plan provided by the City. Increases in the benefits of these plans for non-bargaining unit non- supervisory employees shall be offered to the bargaining unit employees on the same terms and conditions as they are offered to non-bargaining unit non-supervisory employees. ARTICLE 14 - SENIORITY, LAYOFF AND RECALL Section 14.1 Definition of Seniority Seniority shall be based on the promotion date of time from the last date of beginning continuous full-time employment as a sworn Sergeant in the Police Department of the United City of Yorkville. Conflicts of seniority shall be determined on the basis of the order of the Sergeants on the Board of Fire and Police Commissioners promotion list, with the Sergeant higher on the list being the more senior. Section 14.2 Seniority List On or before May 1st of each year, the City will post a seniority list setting forth each employee's seniority date, and provide a copy of such list to a Council representative and the department head. The City shall not be responsible for any errors in the seniority list unless such errors are brought to the attention of the City in writing within thirty (30) calendar days after the list is posted. The seniority list will list the employee's time as employed by the City, by the Police Department and by their rank. 12 Section 14.3 Layoff The City, in its discretion; shall determine whether layoffs are necessary. If it is determined that layoffs are necessary, employees covered by this agreement will be laid off in accordance with their seniority as provided in Illinois Statute (65 ILCS 5/10-2.1-18). Except in an emergency, no layoff will occur without at least ninety (90) calendar days notification to the Council. Section 14.4 Recall Employees who are laid off shall be placed on a recall list for a period of three (3) years. Employees with recall rights shall be recalled before the hiring of new full-time police officers. If there is a recall, employees who are on the recall list shall be recalled, in the inverse order of their layoff. Employees who are eligible for recall shall be given fourteen (14) calendar days' notice of recall and notice of recall shall be sent to the employee by certified or registered mail with a copy to the Council, provided that the employee must notify the Police Chief or his designee of his intention to return to work is within three (3) days after receiving notice of recall. The City shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to the mailing address last provided by the employee, it being the obligation and responsibility of the employee to provide the Police Chief or his designee with his latest mailing address. If an employee fails to timely respond to a recall notice his name shall be removed from the recall list, unless the employee can demonstrate to the City that his inability to respond was due to unforeseen circumstances beyond his control, in which case the employee may be eligible for the next recall that may occur during the three year period following his layoff Section 14.5 Termination of Seniori ty Seniority and the employment relationship shall be terminated for all purposes if the employee: (a) quits; (b) is discharged for just cause (probationary employees without cause); (c) retires or is retired; (d) falsifies the reason for a leave of absence, or is found to be working during a leave of absence without the advance written approval of the Police Chief; (e) fails to report to work at the conclusion of an authorized leave of absence or vacation, unless the employee can demonstrate to the City that his failure to report was due to unforeseen circumstances beyond the employee's control; (1) is laid off for a period in excess of three (3) years; (g) does not perform work for the City for a period in excess of twelve (12) months, 13 provided, however, this provision shall not be applicable to approved absences due to military service, established work related injury or illness compensable under workers' compensation law, or to employees receiving a duty related disability pension; or (h) is absent for two (2) consecutive working days without notifying the City unless the employee carte demonstrate to the City that his failure to notify the City was due to unforeseen circumstances beyond the employee's control. Nothing in this Section is intended to interfere with the statutory jurisdiction and authority of the Yorkville Board of Fire and Police Commissioners, except disciplinary suspensions and terminations, at the election of the covered member, can be appealed through the Labor Agreement's Grievance Procedure or the City Board of Fire and Police Commission, but not both. Section 14.6 Effects of Layoff During the term of this Agreement, if the City exercises its discretion to layoff an employee, then the employee shall be afforded an opportunity to maintain the medical insurance in effect at the time he is laid off by paying, in advance, the full applicable monthly premium for his or her individual insurance coverage. If an employee opts to maintain his or her medical insurance under this section, then such.employee shall be permitted to continue the insurance coverage for a period of up to eighteen (18) months from the date of layoff, or such greater period as may be required by law. Employee rights and benefits under this section are subject to the terms and conditions of the applicable insurance policy or plan. An employee who is laid off will be paid for earned, but unused, vacation time, and any other benefit time payout required by the terms this Agreement. ARTICLE 15 -AUTHORITY OF THE POLICE AND FIRE COMMISSION The parties recognize that the City Board of Fire and Police Commissioners has certain statutory authority over employees covered by this Agreement, including but limited to the right to make, alter and enforce rules and regulations. Nothing in this Agreement is intended in any way to replace or diminish the authority of the Board of Fire and Police Commissioners of the United City of Yorkville, except disciplinary suspensions and terminations, at the election of the covered member, can be appealed through the Labor Agreement's Grievance Procedure or the City Board of Fire and Police Commission, but not both. ARTICLE 16 - ENTIRE AGREEMENT This Agreement,upon ratification, supersedes all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties, and concludes collective bargaining for its term, except as expressly stated to the contrary herein. 14 The City and the Council, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, including the impact of the City's exercise of its rights as set forth herein on wages, hours or terms and conditions of employment, except as expressly stated to the contrary herein. In so agreeing, the parties acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Before making any changes in working conditions not contained in this Agreement which are mandatory topics of bargaining, the City shall notify the Council of its intention of the proposed change. Upon such notification, and if requested by the Council, the City shall meet with the Council and negotiate such change and its impact before it is finally implemented. Any change made without such notice shall be considered temporary pending the completion of such negotiations. If the Council becomes aware of such a change and has not received notification, the Council must notify the City as soon as possible and request negotiations if such negotiations are desired. The failure of the Council to request negotiations shall act as a waiver of the right to such negotiations by the Council. 15 ARTICLE 17 - TERMINATION Section 17.1 Term This Agreement shall be effective on May 1, 2010 and shall remain in full force and effect until April 30, 2012. It shall automatically be renewed from year to year thereafter unless one party shall notify the other in writing at least ninety (90) days prior to the anniversary date that it desires to modify this Agreement. Notwithstanding any provision of this Agreement to the contrary, this Agreement shall remain in effect after the expiration date while negotiations or resolution of impasse procedures for a new agreement are continuing. Executed this day of , 2011 FOR: FOR: THE UNITED CITY OF YORKVILLE ILLINOIS FRATERNAL O ER OF POLICE LABO OUNCIL V LLE SERGEANTS UNI By: Gary Golinski Samu 1 J. Strou Mayor By: Richard Hart Terry ingel Chief of Police Date: Ji Pr nak Raymond Mikolasek Keith urney T-c FdPLcL Date: 16 APPENDIX A Dues Authorization Form For Payroll Deduction ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL 974 CLOCKTOWER DRIVE SPRINGFIELD, ILLINOIS 62704 hereby authorize my Employer, The United City of Yorkville, to deduct from my wages the uniform amount of monthly dues set by the Illinois Fraternal Order of Police Labor Council, for expenses connected with the cost of negotiating and maintaining the collective bargaining agreement between the parties and to remit such dues to the Illinois Fraternal Order of Police Labor Council as it may from time to time direct. In addition, I authorize my Employer to deduct from wages any back dues owed to the Illinois Fraternal Order of Police Labor Council from the date of its certification as exclusive bargaining representative to the date this dues deduction is implemented, in such manner as it so directs.) Date: Signed: Address: City: State: Zip: Telephone: Employment Start Date: Title: ------------------------------------------------------------------------------------------------------------ Employer, please remit all dues deductions to: Illinois Fraternal Order of Police Labor Council Attn: Accounting 974 Clock Tower Drive Springfield, Illinois 62704 (217) 698-9433 Dues remitted to the Illinois Fraternal Order of Police Labor Council are not tax deductible as charitable contributions for federal income tax purposes; however, they may be deductible on Schedule A of Form 1040 as a miscellaneous deduction. 17 APPENDIX B -ANNUAL SALARY At time of negotiation, the top step of the patrol officer salary range is $66,000 per year (Bachelor's Degree, after 5 years on the job). City and Union agree that if any City of Yorkville employee receives any wage increase or increase in compensation during the term of this Labor Agreement for work of an equal nature to the work contained within the job description of that same employee prior to the wage increase, that the City Council shall amend this Labor Agreement by approving an appendix that stipulates that the Sergeants shall be immediately compensated at a rate of 15%higher than the top patrol officer salary in effect at the time the of the appendix approval. Said appendix shall be approved within 60 days of the instigator wage increase. Furthermore, if the instigator wage increase does not originate from the patrol officers, and the City must negotiate with the patrol officers as a result of that instigator wage increase, the City shall pass a second appendix that moves the sergeants to 15% above the top level of any amended patrol officers contract. The rate of pay for the current Sergeants (with longevity) is as follows ; TERRY KLINGEL 3 5.7746 per hour JAMES PRESNAK 36.1879 per hour SAMUEL STROUP 35.2308 per hour RAYMOND MIKOLASEK 35.1106 per hour 18 SIDE LETTER OF UNDERSTANDING The Illinois FOP Labor Council and the United City of Yorkville agree that the Council waives any right to bargain over the provisions of the City's revised employee hand book, as is on final draft date, with the understanding that if any section of the handbook conflicts with the express terms of the contract, then the contract shall govern. AGREED: FOR: FOR: THE UNITED CITY OF YORKVILLE ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL/YORKVILLE SERGEANTS UNIT By: Gary Golinski Samuel J. Stroup Mayor By: Richard Hart Terry Klingel Chief of Police Date: Jim Presnak Ray Mikolasek Keith Turney Date: 19 c/Ty Reviewed By: Agenda Item Number Jam ` 0-0 Legal ❑ PKBD #1 Finance ❑ EST. , �'� 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant El K � °°. • CC 2011-100 El LE Agenda Item Summary Memo Title: Signatories for Parks &Recreation Bank Account Meeting and Date: City Council—08/23/11 Synopsis: Resolution authorizing signatories for bank account. 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: Memorandum To: City Council EST. 's3s From: Rob Fredrickson, Finance Director O Date: August 18, 2011 � p Subject: Account Signers—Park and Recreation Bank Account K dA C— -LE ��•~i The attached resolution authorizes the Mayor, City Treasurer, City Administrator and Finance Director as account signers for the Park and Recreation account(#300667) at Castle Bank. These account signer changes were approved by the Park Board at the August 11`h meeting. In addition, at the request of the Park Board, all checks would be reviewed by the Interim Director of Parks and Recreation or the Park Board President prior to the checks being signed. Please refer to the original memo to Park Board (attached) for additional information. Resolution No. 2011- A RESOLUTION AUTHORIZING SIGNATORIES FOR THE PARKS AND RECREATION ACCOUNT WITH CASTLE BANK Whereas, the United City of Yorkville has a Parks and Recreation bank account with Castle Bank; and, Whereas, the Park Board at their meeting on August 11, 2011 approved the recommendation of the Mayor, City Treasurer, City Administrator and Finance Director as authorized signatories for the Parks and Recreation bank account with Castle Bank. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the Mayor, City Treasurer, City Administrator and Finance Director are hereby designated as authorized signatories for the Parks and Recreation account number 300667 with Castle Bank and that two (2) signatories shall be required to approve and sign each check for withdrawal from that account. Section 2. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. 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 2011. MAYOR Memorandum To: Park Board EST. � _` 1836 From: Rob Fredrickson, Finance Director 4 (a Date: July 27, 2011 � p Subject: Account Signers—Park and Rec Bank Accounts K dA C— -LE ��•~i In an effort to streamline check processing associated with Accounts Payable(A/P), staff would suggest that the number of signers on the Park and Recreation account at Castle Bank be reduced to four—the Mayor, Treasurer, City Administrator and Finance Director. For each Park and Recreation A/P run either the Mayor or Treasurer would sign and review each check, with a second signature coming from the other elected official or one of the appointed officials. This would reduce the likelihood of a check being misplaced during a meeting, eliminate the need for park board members to disclose personal information(driver's license info, social security numbers, etc.)to the bank in order to comply with the Patriot Act and reduce the paperwork associated with adding and removing signers as the membership of the Park Board changes. In addition, the Bill List report would be revised to show specific check numbers attached to each vendor, thereby allowing for easier reconciliation between the checks and the Bill List. As always, no check would be issued to a vendor prior to Park Board approval of the bill list, and copies of all signed checks would be made available for review upon request.