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City Council Packet 2010 05-25-10 Z) o United City of Yorkville 800 Game Farm Road EST. -� �.�.... 1836 Yorkville, Illinois 60560 0; ® [-V o Telephone: 630-553 -4350 Fax: 630-553 -7575 <LE w� AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, May 25, 2010 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Wally Werderich Gary Golinski Marty Munns Rose Ann Spears George Gilson, Jr. Arden Joe Plocher Robyn Suteliff Diane Teeling Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: 6:00 p.m., June 15, 2010 City Hall Conference Room Economic Development Committee: 6:30 p.m., June 1 , 2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., June 17, 2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., May 27, 2010 City Hall Conference Room Presentations: City Council Meeting Agenda May 25, 2010 Page 2 Public Hearings: Citizen Comments: Consent Agenda: 1 . CC 2010-44 Addendum to the Collective Bargaining Agreement — Yorkville Patrol Officers - authorize Mayor and Chief of Police to execute 2. PW 2010-30 Water Department Report for March 2010 3 . PW 2010-31 Water Department Report for April 2010 4. PW 2010-33 Yorkville Market Square - Letter of Credit Expirations - authorize City Clerk to call letters of credit if they are not renewed prior to July 9, 2010 5. PW 2010-35 Ordinance Amending City Code Title 6 — Traffic, Chapter 3 , Traffic Schedules (John Street and Sycamore Road) - authorize Mayor and City Clerk to execute 6. PW 2010-36 IDOT Funding Agreement for Downtown Parking Lot - authorize Mayor and City clerk to execute 7. PW 2010-39 Disposal of Property — Bobcat Skid Steer - authorize the Public Works Department to sell a Bobcat model 533 skid steer loader to Atlas Bobcat for the amount of$6,500. 00 8 . CC 2010-45 Ordinance Amending the Code of Ordinances Providing for New Water Service Rates and a Water Infrastructure Improvement and Maintenance Fee - authorize Mayor and City Clerk to execute 9. ADM 2010-29 Monthly Treasurer's Report for April 2010 10. ADM 2010-31 NIMEC Bid - authorize Finance Director to participate in cooperative bid on May 28, 2010 to lock in three year fixed rate for electricity 11 . ADM 2010-36 Intergovernment Cooperative Agreement of the Yorkville Community Unit School District #115 and the United City of Yorkville - authorize Mayor and City Clerk to execute Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — April 13, 2010 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 252,248 .74 (vendors FY 09/10) $ 282,118 .17 (vendors FY 10/11) $ 7,261 .90 (payroll period ending 4/30/10) $ 266,634.93 (payroll period ending 5/8/10) $ 808,263 .74 (total) City Council Meeting Agenda May 25, 2010 Page 3 Reports: Mayor' s Report: 1 . CC 2010-46 Appointment to Plan Commission — Jane Winninger 2. CC 2010-47 Appointment to Human Resources Commission — Judith Burks 3 . CC 2010-48 Appointment to Library Board — Reginald D. Brookins City Council Report: City Attorney's Report: 1 . CC 2010-49 River Oaks Property Development, LLC City Clerk' s Report: City Treasurer' s Report: City Administrator's Report: Finance Director's Report: City Engineer's Report: Director of Public Works Repo Chief of Police Report: Director of Parks & Recreation Repo Community Development Director Report: Community Relations Officer: Community & Liaison Report: Committee Reports : Public Works Committee Report: 1 . PW 2010-32 Heartland Circle — Final Acceptance 2. PW 2010-37 Yorkville Business Center — Release of Remaining Bonds Economic Development Committee Report: 1 . PC 2010-03 Ordinance Approving the First Amendment to the Amended Annexation Agreement and Planned Unit Development Agreement (Blackberry Woods Subdivision) 2. EDC 2010-03 Ordinance Amending the Code of Ordinances Amending the Building Department Fee Schedule — Second Reading Public Safety Committee Report: 1 . No report. Administration Committee Report: 1 . ADM 2010-32 REC Center Memberships for City Employees City Council Meeting Agenda May 25, 2010 Page 4 Administration Committee Report (cont'd): 2. ADM 2010-33 Ordinance Amending the Code of Ordinances Establishing Guidelines for Historical Preservation and Establishing a Historic Preservation Commission 3 . ADM 2010-34 Ordinance Amending the Code of Ordinances Regarding Park Board Membership 4. ADM 2010-35 Intergovernmental Agreement with Library 5 . ADM 2010-26 Riverfront Building Concession Lease REP 6. ADM 2009-43 Ordinance Amending the Code of Ordinances Providing for Penalties for Violation of the State Officials and Employees Ethics Act Additional Business: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES UBLIC WORKS Committee Departments Liaisons Chairman: Alderman Plocher Public Works Park Board Vice-Chairman: Alderman Gilson Engineering YBSD Committee: Alderman Munns Parks and Recreation Committee: Alderman Teeling ECONOMIC DEVELOPMENT' ------------------------------------------------------------ --------- Committee Departments Liaisons Chairman: Alderman Golinski Community Development Plan Commission Vice-Chairman: Alderman Spears Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Werderich Kendall Co. Plan Commission Committee: Alderman Sutcliff rPUBLIC SAFETY Committee Departments Liaisons Chairman: Alderman Werderich Police Human Resource Comm. Vice-Chairman: Alderman Munns School District Committee: Alderman Spears Committee: Alderman Plocher City Council Meeting Agenda May 25, 2010 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES (cont'd) DMINISTRATION Committee Departments Liaisons Chairman: Alderman Sutcliff Finance Library Vice-Chairman: Alderman Teeling Administration Committee: Alderman Gilson Committee: Alderman Golinski UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, May 25, 2010 7:00 PM CITY COUNCIL CHAMBERS AMENDMENTS TO AGENDA: CITIZEN COMMENTS : ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1 . CC 2010-44 Addendum to the Collective Bargaining Agreement — Yorkville Patrol Officers ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes 2. PW 2010-30 Water Department Report for March 2010 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3 . PW 2010-31 Water Department Report for April 2010 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2010-33 Yorkville Market Square - Letter of Credit Expirations ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2010-35 Ordinance Amending the Code of Ordinances Regarding Stop Intersections (John Street / Sycamore Street Intersection) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2010-36 IDOT Funding Agreement for Downtown Parking Lot ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes 7. PW 2010-39 Disposal of Property — Bobcat Skid Steer ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes 8 . CC 2010-45 Ordinance Amending the Code of Ordinances Providing for New Water Service Rates and a Water Infrastructure Improvement and Maintenance Fee ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 9. ADM 2010-29 Monthly Treasurer' s Report for April 2010 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes 10. ADM 2010-31 NIMEC Bid ❑ Approved: Y N o Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 11 . ADM 2010-36 Intergovernment Cooperative Agreement of the Yorkville Community Unit School District #115 and the United City of Yorkville ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: 1 . City Council — April 13, 2010 ❑ Approved ❑ As presented ❑ As amended ---------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: ❑ Approved ❑ As presented ❑ As amended ❑ Notes MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1 . CC 2010-46 Appointment to Plan Commission — Jane Winninger ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes 2. CC 2010-47 Appointment to Human Resources Commission — Judith Burks ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ---------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: ----------------------------------------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes ------------------------------------------------------------------------------------------------_----------------------------------------- MAYOR'S REPORT: 1 . CC 2010-46 Appointment to Plan Commission — Jane Winninger ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ` ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2010-47 Appointment to Human Resources Commission — Judith Burks ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3 . CC 2010-48 Appointment to Library Board — Reginald D. Brookins ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- CITY ATTORNEY'S REPORT: 1 . CC 2010-48 River Oaks Property Development, LLC ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes REPORTS : ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: 1 . PW 2010-32 Heartland Circle — Final Acceptance ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes -------- 2. PW 2010-37 Yorkville Business Center — Release of Remaining Bonds ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ECONOMIC DEVELOPMENT COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1 . PC 2010-03 Ordinance Approving the First Amendment to the Amended Annexation Agreement and Planned Unit Development Agreement (Blackberry Woods Subdivision) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2010-03 Ordinance Amending the Code of Ordinances Amending the Building Department Fee Schedule — Second Reading ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ADMINISTRATION COMMITTEE REPORT: 1 . ADM 2010-32 REC Center Memberships for City Employees ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2010-33 Ordinance Amending the Code of Ordinances Establishing Guidelines for Historical Preservation and Establishing a Historic Preservation Commission ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes 3 ADM 2010-34 Ordinance Amending the Code of Ordinances Regarding Park Board Membership ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. ADM 2010-35 Intergovernmental Agreement with Library ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes 5. ADM 2010-26 Riverfront Building Concession Lease RFP ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 6. ADM 2009-43 Ordinance Amending the Code of Ordinances Providing for Penalties for Violation of the State Officials and Employees Ethics Act ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ADDITIONAL BUSINESS : Reviewed By: Agenda Item Number J= oc+ Legal ❑ (� Finance ❑ EST. 1836 Engineer ❑ Tracking Number ® q City Administrator ®� Consultant El❑ E �5,v Agenda Item Summary Memo Title: Addendum to Collective Bargaining Agreement; Yorkville Patrol Officers Meeting and Date: City Council; May 25`h1 2010 Synopsis: Addendum addressing Christmas Eve Day; omitted in error in bargaining agreement with Patrol Officers. See attached documents. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Chief Richard Hart Police Name Department Agenda Item Notes: `QED C/ry Memorandum To: City Council Es . 1 , 1836 From: Bart Olson, City Administrator �' CC : 0 ® h y p Date: May 21 , 2010 Subject: Addendum to the Collective Bargaining Agreement — Yorkville �E Patrol Officers This agenda item corrects an omission in the contract. The agreement contemplates that the twelve City holidays will be split up into two groups of six holidays; one of the groups of holidays would be paid at an overtime rate, and one of the groups at a straight hourly rate. When the list of holidays in each group was printed in the contract, Christmas Eve Day was omitted inadvertently. This change would clarify that Christmas Eve Day is part of the group with the straight hourly rate. Illinois FOP Labor Council Representing Yorkville Patrol Officers And The United City of Yorkville Collective Bargaining Agreement ADDENDUM 05-01 -2010-----04-3 0-2012 Addendum to Section 9.2 Holiday Pay An employee that works during the calendar day of Christmas Eve Day shall receive the eight (8) hours straight pay, and any hours worked will be paid at a regular rate. AGREED: FOR: FOR: THE UNITED CITY OF YORKVILLE ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL/YORKVILLE PATROLMAN UNIT By: Valerie Burd Jon Helland Mayor By: Richard Hart Andy Jeleniewski Chief of Police Date: John Hunter Kevin S. Krug 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 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 will be paid'at an overtime rate. An.employce 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. [error, ndum addresses Christmas Eve Day; which during negotiations was Section 9.3 Floating OI,dkS be a holiday in which any hours worked will be paid at a regular rate. P Union Representatives and Chief Hart agree that this was a scribner's d that the addendum verbiage will be an additional sentence to this section. In addition to the twelve (12) h holidays. Police patrolmen 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 Puipose 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 fellow i 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 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 twenty-four (24) hours of sick leave. 8 United City of Yorkville CIA% # g a,s WATER DEPARTMENT REPORT PW 960 -13C) MARCH 2010 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 204 0 4 1393 542 188 12,843,000 7 1500 883 553 31160,900 8 1500 861 477 51429,000 9 1500 1125 576 221165,000 TOTAL 431597,900 CURRENT MONTH'S PUMPAGE IS 6,810.200 GALLONS MORE THAN LAST MONTH 3, 121 ,300 GALLONS MORE THAN LAST YEAR DAILY AVERAGE PUMPED: 1 ,248,000 GALLONS DAILY MAXIMUM PUMPED: 1 ,495,500 GALLONS DAILY AVERAGE PER CAPITA USE: 78 GALLONS WATER TREATMENT CHLORINE FED : 1142.3 LBS. CALCULATED CONCENTRATION : 3.6 MG/L FLUORIDE FED: 368 LBS. CALCULATED CONCENTRATION : 0.26 MG/L POLY PHOSAPHATE 653.7 LBS. CALCULATED CONCENTRATION : 0.77 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOORIDE: 3 SAMPLE(S) TAKEN CONCENTRATION : 1 .01 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 9 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 MXU'S 11 NEW CUSTOMERS RESIDENTIAL: 10 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS 111 PALMER CT. 6" MAIN CRACKED ALL THE WAY AROUND. 500,000 GALLONS OF WATER LOST DUE TO BREAK. CEO CITY United City of Yorkville WATER DEPARTMENT REPORT `�I �b1D1 ac � � h APRIL 2010 QE \V MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 204 21048,000 4 1393 542 188 8,257,000 7 1500 883 553 31778,000 8 1500 861 477 21,9981000 9 1500 1125 576 81422,000 TOTAL 44,503,000 CURRENT MONTH'S PUMPAGE IS 905, 100 GALLONS MORE THAN LAST MONTH 2595,000 GALLONS MORE THAN LAST YEAR DAILY AVERAGE PUMPED: 1 .473 900 GALLONS DAILY MAXIMUM PUMPED: 2.396,600 GALLONS DAILY AVERAGE PER CAPITA USE: 92. 1 GALLONS WATER TREATMENT CHLORINE FED : 1393.6 LBS. CALCULATED CONCENTRATION : 3 .5 MG/L FLUORIDE FED : 296.4 LBS. CALCULATED CONCENTRATION : 0.20 MG/L POLY PHOSAPHATE 903.5 LBS. CALCULATED CONCENTRATION : 0.86 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE: 3 SAMPLE(S) TAKEN CONCENTRATION : 1 . 1 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 16 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 MXU'S 6 NEW CUSTOMERS RESIDENTIAL: 7 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS 716 N BRIDGE ST PLASTIC BARB CRACKED OFF - REPLACED WITH NEW BRASS BARB. 300,000 GALLONS OF WATER LOST DUE TO THE LEAK. EXERCISED ALL THE FIRE HYDRANTS IN TOWN. C/;.y Reviewed By: Agenda Item Number J� 4 0 Legal ❑ EST �, �, 1636 Finance ❑ Engineer ■ � Tracking Number 0� City Administrator ❑ Consultant O P y � 9� � � t Agenda Item Summary Memo Title: Yorkville Market Square — Letter of Credit Expirations Meeting and Date: City Council 5/25/10 Synopsis: Recommend that we call Bank of Deerfield LOC Nos. 527 and 528 if they are not renewed prior to July 9, 2010. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes : J2♦��D C1T y� Memorandum EST 1 1636 To: Bart Olson, City AdministratZrr p m ^ From: Joe Wywrot, City Engineer L —➢ 9 , �p CC: Lisa Pickering, Deputy City <LE Date: May 20, 2010 Subject: Yorkville Market Square — Letter of Credit Expirations Attached find a notice from the Bank of Deerfield that Letter of Credit Nos. 527 and 528 for the referenced development will expire on July 23, 2010. These letters of credit, in the amounts of $45,402.50 and $242, 116.49, respectively, guarantee satisfactory completion of all land improvements with the exception of improvements with the IDOT right-of-way for Yorkville Market Square. We will notify the developer that these letters of credit needs to be renewed, and I anticipate that they will. In the meantime, however, I recommend that City Council authorize the City Clerk to call these letters of credit if they are not renewed prior to July 9, 2010. Please place this item on the Public Works Committee agenda of May 18, 2010 for consideration. ® -T �. .. - ESTABLISHED 1887 P. O . BOX 85 DEERFIELD , WISCONSIN 53531 m 608/764 - 5411 s MEMBER FDIC April 20, 2010 City of Yorkville Attn: Letters of Credit 800 Name Farm Road Yorkville, IL 60560 Re: Subdivision Name: Yorkville Market Square Applicant: Progress Holdings, LLC Letter of Credit No. 527 For Account o£ United City of Yorkville, Yorkville, IL Amount: $45,402.50 Subdivision Name: Yorkville Market Square Applicant: Progress Holdings, LLC Letter of Credit No. 528 For Account of: United City of Yorkville, Yorkville, IL Amount: $242,116.49 To Whom It May Concern: Please be advised that the above referenced Irrevocable Letters of Credit #527 and #528 issued by Bank of Deerfield in favor of the City of Yorkville on behalf of our client Progress Holdings, LLC will expire on July 23 , 2010. Should you have any questions, please contact me at 608-764-5411 . ur i d rin g g Presi nt C/p� Reviewed By: Agenda Item Number J= ® Legal ❑ OA *5 Seas EST. Finance F1 Engineer ■ g Tracking Number ®i f City Administrator ❑ b .g, 'Arm O Consultant ❑ cep„ a? PW ,auto 3 Agenda Item Summary Memo Title: Multi-Way Stop Sign at John/Sycamore Intersection Meeting and Date• City Council 5/25/10 Synopsis: This recommendation is to replace yield signage with 4-way stop sign control at the John/Sycamore intersection. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: a� Memorandum EST ��., 1836 To : Joe Wywrot, City Engineer 94 ~ From : Jackie Dearborn, Civil Engineer ®� Date: May 5, 2010 �®o Subject: Multiway Stop Sign at John St. and Sycamore Rd. <t E 1 A traffic count was conducted April 20-29, 2010 at the intersection of John Street and Sycamore Road to re-evaluate whether a multiway stop should be used at this intersection. Eighteen months earlier, in September 2008, a warrant analysis was conducted for this same intersection. The total volume of traffic was nearly identical. The traffic on Sycamore averaged 1155 vehicles per day (down slightly from 1190 in 2008) and traffic on John averaged 1186 vehicles per day (up slightly from 1153 in 2008) . Based on the MUTCD guidelines for multiway stop applications, a multiway stop control can be useful at intersections if certain conditions exist and where the volume of traffic on the intersecting roads is approximately equal. With only a 4% difference, the volume of traffic on these intersecting roads can be considered approximately equal . According to the MUTCD, a multiway intersection shall have a minimum volume of 300 vehicles entering the intersection from the major sheet approaches and a minimum of 200 vehicles from minor street approaches. None of the hourly traffic volumes for either street exceed 150 vehicles per hour and therefore this warrant is not met. Another option for adding a multiway stop is at the intersection of two residential neighborhood collector (through) streets of similar design and operating characteristic where multiway stop control would improve traffic operational characteristics of the intersection. Both Sycamore Road and John Street can be classified as residential neighborhood collectors. The have equal volume of traffic on the intersecting roads and therefore adding a muldway stop would improve the traffic operation at this intersection. A stop sign may also be warranted when a road user, after stopping, cannot see conflicting traffic and is not able to reasonably safely negotiate the intersection unless conflicting traffic is also required to stop. Vision problems exist due to the location of the park at this intersection. During tines when sporting events are held at this park, vehicles parked along the side of the road block the view of oncoming traffic. Although an ordinance was adopted prohibiting parking within 50 feet of the intersection, vision problems still exist. Traffic on Sycamore Road currently yields to John Street. A yield sign assigns right-of way to traffic, but with essentially equal volumes of vehicles entering this intersection from both directions, right-of-way entitlement is unclear. I recommend establishing multiway stop control at this intersection to address the visibility issue and improve the overall operational characteristics of this intersection. Vision problems have not been adequately addressed by the yield signage and parking ordinance, therefore four-way stop control is justified in order to improve safety at this intersection. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2010- ORDINANCE AMENDING CITY CODE TITLE 6 — TRAFFIC, CHAPTER 3 — TRAFFIC SCHEDULES John Street and Sycamore Road WHEREAS, the United City of Yorkville has discussed and considered amending the City Code, Title 6 — Traffic, Chapter 3 — Traffic Schedules regarding revising the signage at the intersection of John Street and Sycamore Road; and, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 6, Chapter 3, Section 2(A) of the United City of Yorkville Code of Ordinances is hereby amended by adding the following paragraph: John Street at its intersection with Sycamore Road (four-way stop). Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2010. CITY CLERK ROBYN SUTCLIFF DIANE TEELING ARDEN JOE PLOCHER WALTER WERDERICH GARY GOLINSKI 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. 2010. MAYOR `��D CIAy Reviewed By: Agenda Item Number OT Legal ❑ A (� EST '1 1836 Finance ❑ Engineer Tracking Number 4 t;l y City Administrator ❑ g1 au&` O Consultant ❑ T <4E ��'1' ❑ Agenda Item Summary Memo Title: IDOT Funding Agreement — Downtown Parking Lot Meeting and Date• City Council 5/25/10 Synopsis : This funding agreement is for land acquisition, engineering, and construction of replacement parking related to IDOT's Route 47 widening project. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ID Clpy Memorandum iaas To : Bart Olson, City Administr or From: Joe Wywrot, City Engineer 0� W - q CC: Lisa Pickering, Deputy City k Kathy Orr, City Attorney <LE Date: May 10, 2010 Subject: IDOT Funding Agreement — Downtown Parking Lot IDOT's reconstruction of Route 47 will eliminate 20 onstreet parking spaces between Van Emmon and Hydraulic Avenue. IDOT's policy is to fund replacement of those parking spaces, but the city needs to be the lead agency in the acquisition of the property, engineering, and construction of the replacement parking. The proposed parking lot would consist of 16 stalls on the north half of the historic jail property, and 4 stalls along Madison Street just east of S. Main Street. The main parking lot would have access to Van Emmon, and would include a retaining wall with railing. See the attached conceptual sketch of the replacement parking. Attached find the proposed agreement with IDOT for this work. The agreement caps the total IDOT payment at $643,000. Payment would be received in three installments; upon purchase of the property, upon approving an engineering contract, and upon awarding a construction contract. The agreement would be voided if the Illinois General Assembly or the Federal Highway Administration fails to provide the funds to IDOT, or if the city does not award the construction contract by July 1 , 2013 . 1 recommend that this agreement be approved. Please place this item on the May 18, 2010 Public Works Committee agenda for consideration. 4p 2 AV - - - - .All � .- x. - � f C . � .�. { Illinois 47 (FAP 326) Section (109) I Kendall County (Off-Street Parking Lot at Corner of Van Emmons and Main Streets in Yorkville , IL) 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, in order to facilitate the free flow of traffic and ensure the safety of the motoring public, the CITY and STATE acknowledge that increasing traffic volumes necessitate the proposed widening of Illinois 47 (Bridge Street) to a 5 lane roadway through the CITY. Limits of the proposed project are from Illinois 71 on the south and extending northerly approximately three miles to the north of US 34. The said project is identified as Illinois 47 (FAP 326), State Section (5CS, 13C3 1087 109)R. WHEREAS, construction of the proposed 5 lane roadway requires the elimination of 20 existing on-street parking stalls located along Illinois 47 (Bridge Street) between Van Emmon and Fox Streets, within the CITY's central business district. To compensate the CITY for the loss of the said 20 parking stalls along Illinois 47 (Bridge Street), the STATE agrees to participate in the funding to construct a 16 stall capacity off-street parking lot facility and to construct 4 additional parking spaces along Madison Street adjoining the old county jail property. WHEREAS, the CITY proposes to construct an off-street parking lot facility to be located at the southeast quadrant of the intersection of Van Emmon and Main Streets, one block west of Illinois 47. The entrance of the proposed lot would be off Van Emmon Street. The approximate 100 feet by 200 feet property parcel, upon the parking facility is to be built, is currently owned by Kendall County. It's recorded location is identified as 111 West Madison Street, PIN 02-32-287- 001 (see location map attached as Exhibit #1 ). WHEREAS, while the need for the off-street parking lot is being caused by the proposed widening of Illinois 47 (Bridge Street), the purchasing of property and construction of the off- street parking lot is a "stand alone" project and is not included as a part of the STATE's contract to widen Illinois 47 between Illinois 71 and US 34. Consequently, the purchasing of property and construction of the parking facility is hereby identified under Illinois 47 (FAP 326), State Section (109) I . WHEREAS, the CITY has agreed to assume the role of lead agency and thereby accepts full responsibility of implementing all phases related to the purchasing of property and the construction of the proposed off-street parking lot facility; including all negotiating, appraisals, title evidence, documentation, recording and legal services, surveying, preparation of plans any utility adjustments/relocations, receive bids, award a contract and furnish engineering supervision during the progress of the construction work. WHEREAS, the CITY's investigations have found that the combined cost of the property, including all related all miscellaneous expenses in acquiring the parcel, totals $96,000. Further, the CITY's estimate for the engineering and construction of the parking lot is $547,000. WHEREAS, the STATE agrees to provide to the CITY a maximum total amount, not to exceed $643,000, to be applied exclusively for the aforedescribed purchasing of property, engineering construction of the off-street parking lot. WHEREAS, the authority for the STATE to enter into this agreement with the CITY for the parking mitigation is granted under Section 4-509 of the Highway Code (605 ILCS 5/4-409). WHEREAS, the STATE and CITY are desirous of the off-street described parking lot in that same will be of an immediate benefit to CITY residents and permanent in nature. W ITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1 . The foregoing recitals are incorporated into this agreement by references as set fully within . 2. The CITY agrees to assume the role of lead agency in implementing all phases related to the purchasing of property and engineering and construction of an off-street parking lot at the southeast quadrant of the intersection of Van Emmon and Main Streets. Responsibilities of the CITY include all requirements to purchasing the property, including negotiations, appraisals, title evidence, documentation, recording and legal services. Further, the CITY will provide the necessary surveying, provide all preliminary engineering including preparation of plans and specifications, receive bids, award a contract and furnish engineering supervision during the progress of the construction work, and cause the improvement to be built in accordance with the plans and specifications. 3. The STATE agrees to pay the CITY a maximum amount, not to exceed $643,000, to be applied exclusively to the purchase of property, preliminary and construction engineering and construction of the proposed off-street parking lot, 4. It is mutually agreed that the STATE's reimbursement to the CITY will be made in three separate lump sum payments. One lump sum payment will be made to the CITY, for each of the three phases of the project that have been identified; namely, land acquisition, preliminary engineering, and construction. Actual sequence of payments is identified in the following paragraphs 5, 6, and 7. 5. It is mutually agreed that the STATE will pay full reimbursement to the CITY for the purchase of property and related costs, contingent upon the STATE's receipt of an approved title and owner's title insurance policy serving as evidence that land acquisition has been completed. Payment of property and related costs is estimated at $96,000. 6. It is mutually agreed that the STATE will make a lump sum payment to the CITY in the amount of $55,000 that is to serve as reimbursement for the preliminary engineering and preparation of plans toward the construction of the off-street parking lot. The said $55,000 payment is based upon being 10 percent of the cost of construction of the parking lot. The STATE's payment to the CITY for preliminary engineering is contingent upon the STATE's receipt of appropriate documentation that the CITY has hired a consulting firm to provide preliminary engineering for the parking lot. 7. It is mutually agreed that the STATE will make a lump sum payment to the CITY in the amount of $492,000 for the construction of the off-street parking lot, 4 stalls on the north side of Madison Street and sidewalk along Van Emmon and Madison Streets. The STATE's payment for construction is contingent upon the STATE's receipt of appropriate documentation that the CITY has let a contract for the construction of the off-street parking lot. 8. It is mutually agreed that the STATE's payment of $492,000 is applicable to the construction of 16 parking stalls in the off-street parking lot and to include related auxiliary pavement needed for egress and ingress access to the stalls, retaining wall (concrete and/or masonry), drainage, conventional lighting, pedestrian walkways, railing, fencing and conventional landscape. The STATE's payment also applies to the construction of 4 additional parking stalls to be constructed on the north side of Madison Street and the construction of a concrete sidewalk on the south side of Van Emmon Street and east side of Main Streets. 9. It is mutually agreed that all other features exceeding those items cited in above paragraph 3 through 8 are considered ineligible for STATE reimbursement. These excessive items include, but not necessary limited to, all parking stalls beyond the quantity of 20 and all related auxiliary pavement for ingress and egress to the additional stalls, buildings, special walls, sidewalk and pavement enhancement treatments to conventional concrete and asphalt, landscaping blocks, landscaping exceeding conventional sod/ seeding, irrigation systems, planters, canopies, statues, special ornamental lighting, fencing and railings, metering devices, guard or toll collection facility and/or metering devices booths. 10. The CITY agrees to assume any land acquisition, engineering and/or construction costs relating to the parking lot project that exceeds the $643,000 maximum funding participation being provided by the STATE. Any costs relating to the said parking lot, exceeding the STATE's maximum funding of $643,000, shall solely be the responsibility of the CITY. 11 . The CITY agrees to cause utilities in conflict with the proposed parking lot to be relocated at no cost to the STATE in accordance with the provisions of the Road and Bridge Laws, 605, ILCS 5/9 113.01 , Chapter 121 and Title 92 of the Administration to Accommodations of Utilities on Right of Way. 12. The CITY shall indemnify and save harmless the STATE, its officers, agents, employees, and servants against all loss, damage or expense that it or they may sustain as a result of any suits, actions or claims of any character brought on account of property damage, injury to or death of any person or persons, including all persons performing any work on the proposed parking lot improvement, which may arise in connection with the work to be performed by the CITY or any contractor it may hire pursuant to this agreement. The CITY does not indemnify and save harmless the STATE from liability for injury or death proximately caused by negligence of an employee, agent or servant of the STATE. 13. The CITY shall hold the STATE harmless of any suits from construction, operation, and/or maintenance activities performed by the CITY and/or its contractors. 14. The CITY agrees that in the event any work is performed by other than CITY forces, the provision of an "an act regulating wages of laborers, mechanics and other workers employed in public works, by the state county or any public body or political subdivision or by anyone under contract for public works" (Illinois Complied Statute, 820, ILCS 130/1 ) shall apply. 15. The CITY, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The CITY shall carry out applicable requirements of 49 CFR, part 26 in the award and administration of STATE assisted contracts. Failure by the CITY 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. 16. THE CITY agrees to maintain, for a minimum of three years after the completion of the subject project, adequate books, records, and supporting documents to verify the amounts, receipts, and uses of disbursements of funds passing in conjunction with the agreement. All books, records, and supporting documents relative to the project shall be available for review and audit by the Auditor General and other state and/or county auditors. The CITY also agrees to cooperate with any audit conducted by the Auditor General and other state and/or county of auditors and provide full access to all relevant materials. Failure to maintain books, records, and supporting documents required by this paragraph shall establish a presumption in favor of the STATE for recovery of any funds paid by the STATE under this agreement for which adequate books, records, and supporting documentation are not available to support their proposed disbursement. 17. It is mutually agreed that the execution of this agreement and under the penalty of perfury, the CITY, doing business as a governmental entity, certifies that its correct federal identification number (FEIN) is 36-6006169. (See TIN certification page attached made a part of this agreement and requiring signature.) 18. The CITY agrees to construct the off-street parking lot and the related parking stalls in accordance with Motor Fuel Tax guidelines, specifications, and policies. 19. The CITY agrees to assume complete jurisdiction of the off-street parking lot facility, parking stalls along Madison Street and newly constructed sidewalk along Van Emmon and Main Streets that are all related to the parking lot project. The complete jurisdiction includes, but is not limited to, maintenance, operations, repairs, reconstruction and electrical energy. 20. At the time this agreement was executed, there were funds programmed for the subject project; however, obligations assumed by the STATE under this agreement shall cease immediately, without penalty or payment, should the General Assembly or the Federal Highway Administration fail to appropriate or otherwise make available funds for this project. 21 . It is mutually agreed that this agreement and the covenants contained herein shall be null and void in the event the contract covering the construction work contemplated herein is not awarded by July 1 , 2013. 22. In any action with respect to this agreement, the parties are free to pursue any legal remedies at law or in equity. 23. This agreement represents the entire agreement between the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreement between the parties and may not be modified except in writing acknowledged by both parties. 24. 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 court finds that any provisions of this agreement is invalid or unenforceable, then such provision shall be deemed to be written, construed and enforced as so limited. This agreement shall be interpreted and enforced under the laws of the State of Illinois. 25. This agreement shall be binding and inure to the benefit of the parties hereto, their successors and assigns. 26. This agreement is hereby approved and executed by the authorized officers of the following governmental entities. Executed on Behalf of the ATTEST: United City of Yorkville, Illinois Valerie Burd, Mayor of Yorkville Jacquelyn, Milschewski, City Clerk Date Date Executed on Behalf of the State of Illinois Department of Transportation Gary Hannig Christine M. Reed, PE Secretary Director of Highways, Chief Engineer Date Date Ann Schneider, Director Ellen Schanzle-Haskins Finance & Administration Chief Counsel Date Date ti EXHIBIT # 1 LOCATION MAP CENTER R F R RpgD °t,1 y E;MAIN ST d ip m - y I O �i— VAN EMMON ST m MADISON ST ;� �� Q - VAN EMMON RD O W RIDGE ST �� " d� E RIDGE ST z � S t w g r ti m -,N °? . ORANGE ST - - DOLPHST W DOLPH ST [r. ' BEECHER ST ELIZABETH ST pGSF °i COLONIAL PKWn , 2 'i � a E � w BEAVER ST Lr 0 1 TIN CERTIFICATION The CITY certifies that: 1 . The number shown on this form is the CITY's correct taxpayer identification number, and. 2. The CITY is not subject to backup withholding because: (a ) the CITY is exempt from backup withholding or (b) the CITY has not been notified by the Internal Revenue Service (IRS) that the CITY is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that the CITY is no longer subject to back-up withholding , and 3. The CITY's person with signatory authority for this AGREEMENT is a U.S. person (including a U.S, resident alien) Taxpayer Identification Number: 36-6006169 Legal Status Individual x Government Sole Proprietor — Nonresident Alien _ Partnership/Legal Estate or Trust Corporation Tax-exempt _ Pharmacy ( Non Corp.) Corporation providing or — Pharmacy/Funeral home billing medical and/or health /Cemetery care services Corporation NOT providing Limited Liability or billing medical and/or Company ( select health care services applicable tax classification) Other ❑ D= Disregarded entity ❑ C= Corporation ❑ Pp Partnership Signature Date Title `��D CITy Reviewed By: Agenda Item Number 4� 0n Legal ❑ # a , Finance ❑ EST. 1836 Engineer ❑ -�` g Tracking Number I® u) City Administrator El El El to 90 i Agenda Item Summary Memo Title: Disposal of Property Meeting and Date: City Council 5/25/10 Synopsis: Proposed disposal of small skid steer. Possibly use funds to purchase laptop. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: Cg;P'y J� ® Memorandu To : Bart Olson, Administrator EST. 1836 From: Eric Dhuse, Director of Public Works t — y CC : ' Date: May 7, 2010 Subject: Disposal of Property CE Bart, I would like to ask permission to sell our Bobcat model 533 skid steer loader to Atlas Bobcat for $6500.00. We purchased this piece of equipment in the fall of 2002 for $ 15,000. We purchased this piece of equipment for snow removal on the bridge and city sidewalks primarily and used it in some landscape restoration. Since that time we have purchased a new small utility tractor that is much more efficient at snow removal and landscaping. We no longer utilize this piece of equipment and would like to sell it before it gets any older and devalues any more. I would like to take the money from the sale and use towards the purchase of the laptop and software that we need to perform the sign retroreflectivity study that has been required by the Federal Highway Administration through the WTCD. I have attached information regarding the original purchase, the current purchase proposal and the memo regarding the purchase of the laptop and software. I would ask that this be placed on the May 18th, 2010 Public Works committee agenda for discussion. If you have any questions or need any further information, please let me know. X41 Clpy J� s Memorandum To: Bart Olson, Administrator EST -� \` ,.;. 1836 From: Eric Dhuse, Director of Public Works Date: January 27, 2010 Subject: laptop and software for street department Bart, I have attached recommendations from Charlie Graff and Greg Weber along with quotes for the products that we would like to purchase in order to comply with the new MUTCD standards for retroreflectivity: The computer and software will enable us to locate, inventory, and assign data to all of our signs. The complete inventory has to be completed by January 2012. During this time, we also have to choose a management method for replacement of signs according to the new standards. In order to choose the correct method that best suits our needs, we need to complete the inventory so we can assess each method to ensure that we are not only meeting the standard, but choosing the method that is most cost effective as well. While it is true that we could manually enter each sign, there is so much data that is entered through this program that by the time we manually entered it, the cost associated with the labor would surpass the cost of the computer and software. The following is a list of data that will be entered as part of the program: GPS coordinates — serves as our tracking ID number and locates sign for use on our GIS maps. Date Installed — used as time line for replacement Date repaired — used to track for costs and future placement Date replaced — to satisfy MUTCD standards of reporting Type of sign — uses MUTCD code for inventory and ordering purposes (currently 40 choices) Mounting type — what type of post and mounting hardware for costs and ordering Size of sign — for inventory and replacement costs Type of sheeting — for reporting purposes to satisfy standards The difference between manually inputting the data versus using the software is glaring when it comes to creating reports. With the software, the possibilities are almost endless, whereas with the manually input data, we would be limited to simple queries. This would be beneficial for cost estimates for developers and for city construction projects, generating invoices for damaged signs, budgeting for replacement signs and asset management for GASB . One other very important report that this software would allow us to generate would be a history report for any sign in inventory. If we were to be legally challenged on any sign, we would be able to defend ourselves with much more security and definition than we would be able to with a spreadsheet type of system. With this software, we will also be able to locate and inventory all of our street lights and traffic signals. This will be very helpful for tracking outages, repairs, damage, and replacement of bulbs on traffic signals. To give you an idea of what we are facing, we picked 3 different streets and counted the number of signs. Below please find the results: Game Farm Rd — Rt. 47 to Rt. 34 49 signs South Main St — Hydraulic Ave to Elizabeth St 34 signs Countryside Parkway — Rt. 47 to Rt. 34 26 signs Total 109 signs We tried to get a good representation of a residential street, a commercial street and a school route to show just how many signs are potentially out there. I realize that our budget is very tight right now, and I would not ask to spend money if I didn't think this was very important and something that we need to do to comply with Federal regulations. The cost for the computer and software will be $4450.00 which includes a car charger and GPS antennae. I would ask to meet with you and try to find a way to secure this money as soon as possible so we can begin the inventory to be able to stay on the proposed timeline to be able to have everything in place by 2012. Eric Mroch Atlas Bobcat Inc 5050 N . River Rd P.630.293.7246 Schiller Park , Illinois F.630.2917224 Bid Request emroch@atlaslift.com Date 25-Aug-09 Make Bobcat Model 553 Name City of Yorkville S/N 520311307 Address 800 Game Farm Rd. Year 2002 City Yorkville Hr Mtr 243 State :i Illinois Zip 60560 Trade In X Phone 630.553.4370 Used Fax Rental Fleet Fax Jon Sleezer Other Application Used in: IMuni Engine: Axles/Drive Motors: Hydraulic Cylinders: Hydrostatic Drives: Make Kub Dry Good `= X Right: Gas Leaking Leak Strong X Diesel. X Tires/Tracks IBent Weak; Good Standard X Loader Arms: Out Smokes Floats Straight X Left: Leakes Size Bent Strong X Battery: Hard Rubber E Welded Weak: Good X Pneumatic' X Plated Out Bad t I ITread Left` 40% Hyd Pump: Machine Starts: Rims: Good'' X Yes X 11 Poor } No Straight X Bucket: Width 48 Ut,R, Condition Good — `I Quick Tach: t ' 7 I Good X Bad ROPS: 1 �� Bent Straight X Welded f , Safety Bar Seat: Good X l Torn ` Options: Pkg. — -- Heat X Air ACS Power Bob Sound: Pkg High Flow , 2 Speed Physical Appearance (Describe) New Engine. . . 243 on meter Cracks or Welds{Describe) Attachment (Describe) Bid Date Amount By Valid Thru 4/21 /2010 $6, 500.00 1 Eric C Mroch 5/21 /2010 Psy�50 A Y U1ITED CITY Of YORKVILLE ? , County Seat of Kendall County B - Q 800 Game Farm Rd. L = Yorkville, IL 60560 - : ' E 630-553-4350 To: Larry Kot, Chairman From: Eric Dhuse, Public Works Date: November 4, 2002 Re: Skidsteer Purchase Larry, While preparing for the upcoming snow removal season, we learned about some serious mechanical problems with the machine we currently use to remove the snow from the sidewalks. We currently use a grasshopper mower with a snow blower attachment. In my opinion this mower is past its useful service life. We have used this mower heavily for over 7 years in the summer and in the winter. We have replaced, rebuilt, or fabricated many parts to get us through the seasons. After talking with Scott Sleezer, it has become apparent that it is time to replace this machine before our maintenance costs get any higher. The same thing can be said about the snow blower, it was never made for commercial use. We probably use it more in one year than most people use them in ten years. I would like to purchase a new skidsteer with a snow blower attachment to replace what we have now at a cost of approximately $ 17,000. This replacement will also be used throughout the year for other applications such as landscaping, loading trucks, and other related jobs. This would also cut down on the wear and tear on the new mower that the parks department will have to purchase to replace the old unit. Although we did not expect this or budget for it, we do have money to cover this expense. I would propose taking the money out of the public works capital equipment fund in the line item titled future building. I am currently working with Tony on an RFP for this purchase. As soon as it is cleared through all the proper channels, I would like to move ahead as quickly as possible to assure that we can remove the snow when it arrives. Please let me know how you and the rest of the Public Works committee feel so I can keep this moving forward. OESy 15 OUA UNITED CITY of YORKVILLE County Seat of Kendall County A � 800 Game Farm Rd. L = Yorkville, IL 60560 l: • $ 630-553-4350 - .G' o c MOEO ,x Atlas Bobcat 5050 N. River Rd. Schiller Park, IL 60176 Mark, Thank You for submitting a proposal for the skidsteer and snow blower for The United City of Yorkville. Please find the final bid tabulations below. DeKane Equipment $ 18,700. 00 Big Rock, IL Atlas Bobcat $ 15,022.20 Schiller Park, IL Rob Roy Equipment $ 16,699.00 Batavia, IL Again, thank you for submitting, and we look forward to working with you in the future. Sincerely, Eric iffhuse Director of Public Works CITY OF YORKVILLE y. BUDGET 2002-2003 PUBLIC WORKS EQUIPMENT CAPITAL _ 30-Sep-02 REVENUES 42 % OF FISCAL YEAR PW EQUIPMENT CAPITAL 2002-2003 ACCT NO . BUDGET CURRENT YTD % CARRY OVER (RESERVE) $5,834 $5,834 $5,834 100 % 21 00 4425 000 PW DEVELOPMENT FEE $90, 000 $ 19, 800 $58,950 66% 21 00 4425 200 SALE OF EQUIPMENT $25, 000 $0 $33, 800 135% - 21 00 4902 000 TRANSFER FROM WATER $303000 $0 $0 0% I ' 4it 21 00 4904 000 TRANSFER FROM SEWER $307000 $0 $0 0% TOTAL $ 1807834 $25,634 $98 ,584 55% EXPENSES 21 00 7201 010 LARGE AIR COMPRESSOR $21000 $0 $0 0% 21 00 7201 020 FLOOR JACKS AND STANDS $ 1 ,000 $0 $0 0% fjki 21 00 7201 100 TRUCK ACCESSORIES $8, 000. $0 $0 0% II II 21 00 7210 010 1TON DUMP TRUCK $0 $0 $36,252 ERR I �, 21 00 7210 020 HYDRUALIC TRENCH SHORING $203000 $0 $0 0% 21 00 7210 025 STREET LIGHT LOCATOR $2,000 $ 1 ,709 $ 1 ,709 85 % ' I I! 21 00 7210 026 P/U TRUCK - P.W. DIRECTOR $0 $0 $232399 ERR 21 00 7209 000 POWER SIGN BANDER $400 $0 $0 0% lj 21 007209 100 ENCLOSED TRAILER � ! $2, 000 $0 $0 0% � (50 % in sewer) j :'i 21 00 7209 200 TOOL SET FOR EACH DEPT $2, 000 $0 $0 0% j II ' 21 00 7209 205 TOOL SET FOR SHOP $2, 000 $0 $0 0% 21 00 7209 300 TARPS FOR DUMP TRUCKS $51000 $0 $0 0% 21 00 7210 000 SEWER CAMERA $ 10, 000 $0 $0 0 % i !1 21 007210 100 5 YD DUMP TRUCK $72,246 $0 $ 0 0% ! f DRAFT 10/2/02 Page 26 of 36 { PW EQUIPMENT CAPITAL 2002 -2003 ACCT NO. BUDGET CURRENT YTD it �t -21 007211 100 BOBCAT EXCHANGE $3, 500 $3,500 $3 ,500 100% 21 00 7210 200 FUTURE BUILDING $50 , 688 $0 $0 0% 3t ' TOTAL - $ 180, 834 $5,209 - $64,860 36% i6 si I' I i I k L DRAFT 10/2/02 Page 27 of 36 C/; y Reviewed By: Agenda Item Number Legal l A g EST. � �' ;... 1836 Finance ■ Engineer El—�`�- Tracking Number �11no (/j City Administrator ■ gta ° O�yO Consultant ❑ aG l U5 rcmu cWnry �kE `�~ ❑ Agenda Item Summary Memo Title: Ordinance Providing New Water Service Rates and Water Infrastructure Fee Meeting and Date: City Council 5/25/10 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: See attached ordinance. Ordinance No. 2010- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR NEW WATER SERVICE RATES AND A WATER INFRASTRUCTURE IMPROVEMENT AND MAINTENANCE FEE WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, expenses to be paid by the City' s water fund include operational expenses and expenses incurred in expansion of the water system, namely repayment of bonds; and, WHEREAS, due to a decrease in water tap-on fees and an expected increase in bond payments, there is an anticipated deficit for the water fund; and, WHEREAS, water service rates for the City have not been increased in thirteen years and are much lower than surrounding municipalities; and, WHEREAS, in order to diminish the anticipated water fund deficit, the City now desires to increase the water service rates and to impose a water infrastructure improvement and maintenance fee. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 7, Chapter 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 5-1 (A) in its entirety and replacing it with the following: 7-5-5- 1 : WATER SERVICE RATES AND CHARGES : A. Water Infrastructure Improvement and Maintenance Fee; Water Service Rates Established: 1 . All water users shall be charged a water infrastructure improvement and maintenance fee of $8.25 per month. 2. Water service rates shall be as follows: a. Effective May 1 , 2010, the water rates shall be: $ 12.54 up to 350 cubic feet of usage $2.28 per 100 cubic feet of usage over 350 cubic feet b. Effective May 1 , 2011 , the water rates shall be: $ 12.73 up to 350 cubic feet of usage $2.31 per 100 cubic feet of usage over 350 cubic feet C. Effective May 1 , 2012, the water rates shall be: $ 12.92 up to 350 cubic feet of usage . $2.35 per 100 cubic feet of usage over 350 cubic feet. d. Effective May 1 , 2013, the water rates shall be: $ 13 . 11 up to 350 cubic feet of usage $2.38 per 100 cubic feet of usage over 350 cubic feet. 3 . In determining the quantity used for billing purposes, 100 cubic feet shall include any fractional amount of cubic feet used. Section 2. All ordinances or parts of ordinances conflicting with any of the provisions of this Ordinance shall be and the same are hereby repealed. Section 3. If any Section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2010. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH 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 2010. MAYOR 2 Reviewed By: Agenda Item Number Legal ❑ �? ` i Finance ■ EST. � _:.. 1836 Engineer ❑ Tracking Number U u) City Administrator ■ Consultant ❑ ( M `A kE Agenda Item Summary Memo Title: Monthly Treasurer's Report for April 2010 Meeting and Date: City Council 5/25/10 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Susan Mika Finance Name Department Agenda Item Notes: United City of Yorkville Kendall County, IL Monthly Treasurer's Report Financial Summary As of April 30, 2010 Beginning April April Ending FYTD FY Budgeted FYTD FY Budgeted Fund Balance Revenues Expenses Balance Revenues Revenue Expenses Expenses 01 General (1,864,680) 6293075 884,718 (2, 120,322) 8,3113825 - 11,488,253 117827,685 117488,252 11 Fox Hill SSA 2,226 - - 21226 19,463 11,906 37577 120,000 12 Sunflower SSA 6,188 - - 6,188 13,461 15,925 8,372 23,000 15 Motor Fuel Tax 270,315 34,567 2,633 302,248 407,375 7253268 406,061 646,436 16 Municipal Building (594,024) 600 14,300 (607,724) 9,750 (490,924) 57,200 57,200 20 PD Capital 207,314 3,060 91 210,284 40,726 215,296 6,293 215,296 21 PW Capital 155,524 2,050 (75) 1577649 47,450 162,295 857896 1397000 22 Parks & Rec Equip Capital 68,565 7 - 68,571 51,892 - 95073 - 23 City Wide Capital (43,478) 25, 100 - (183378) 1745800 228,683 100,000 4185000 42 Debt Service (111,946) 120,674 - 8,728 489,922 482,294 481,194 482,294 51 Water Cps. & Imprv. 15,812,537 224,278 166,972 15,8695843 1,684,458 2,0455275 1,8445726 2,041,625 52 Sewer 55838,030 126,818 55,001 5,9093846 1,879,117 2,499,700 15905, 169 15954,752 72 Land Cash (371,817) 51,026 75643 (328,435) 269,148 1595980 301,736 1597980 79 Parks & Recreation 297,765 (47,308) 150,015 100,441 1,377,219 1,389, 125 1 ,220,666 1,389,125 80 Recreation Center (1303352) 53,728 43,080 - (119,704) 5825624 618,600 624,699 695,748 82 Library 724,004 27818 132,079 594,744 152785809 2,269, 127 1,483,127 2,2695127 85 Fox Industrial 423,350 1 - 4237351 216,721 202,663 79,013 202,664 87 Countryside TIF Project 2477,202 556 - 2,477,758 14,472 2,8077845 308,867 2,8071845 88 Downtown TIF 136,294 - - 136,294 88,550 122,170 17832 1223170 95 Trust & Agency 817535 4875754 520,306 487983 7,172,579 - 7,362,689 - Totals 233384,552 1,714,803 1,976,763 23, 122,592 24,130,362 24,953,482 28, 1175874 25,132,514 Note: Revenue deficit to be offset with fund balance. 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. Full detail information is available in the Finance Department. William Powell, Treasurer Fund Balance Reserve Apr-10 Mar-10 Feb-10 Tan-10 Dec-09 Nov-09 Oct-09 Sep-09 General Fund -18.46% -16.23% -15.24% -11.93% -3.48% 224% 12.39% 16.04% Water Ops. & Imprv. 777.31% 774.51% 778.80% 772.76% 778.36% 790.71% 819.60% 815.97% Sewer Ops. & Imprv. 302.33% 298.66% 299.99% 305.22% 314.62% 324.94% 178.81% 153.77% Combined Fund Balance 126.96% 127.78% 129.25% 131 .57% 139.76% 146.94% 139.8% 138.90% Prepared by: Rachel Wright SUBJECT TO REVISIONS BASED ON YEAR END JOURNAL ENTRIES AND AUDITOR ADJUSTMENTS. `�ryD C/)% Reviewed By: Agenda Item Number J� 0 Legal ❑ 1 # l Finance ■ EST. 1836 Engineer ❑ �� g Tracking Number ® psi City Administrator ■ a ®�(3 Consultant ❑❑ <CE \�. Agenda Item Summary Memo Title: NIMEC Bid Meeting and Date• City Council 5/25/10 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Susan Mika Finance Name Department Agenda Item Notes : Please see attached memo. �*yD C/; J � Memorandum To: Administration Committee EST. `- 1836 From: Susan Mika, Finance Director b4 CC: Mayor Burd; City Administrator Olson ®I y 0� Date: May 10, 2010 Subject: NIMEC Update CE In late 2006, the City Council approved authority for the City Administrator and Finance Director to sign contracts and to secure the provision of electricity from the lowest bidder as presented by the Northern Illinois Municipal Electric Cooperative (NIMEC). The bids have always been for all structures utilizing electricity within the City with the exception of the street lights. In the past, it was cost effective to keep those accounts with ComEd. Now, it has been brought to my attention that beginning in May, 2010, the street lights are going to be on an hourly floating rate for billing. What that means, is that whatever the market rate is each hour of each day, that is what the City is going to be billed for. In summary, we could be charged for 720 different rates in a one month period. From a budgetary perspective, the past history is showing the floating rate is higher than the fixed rate by almost 15%. lain recommending that the City move forward and participate in the cooperative bid that is going to take place on May 28, 2010 to lock in a fixed rate for the next three years. I have attached a chart that shows what the market rate for street lights has been since 2007. The blue line represents the yearly rates, and the red line indicates the three year rates. `,<ryD /Ty Reviewed By: Agenda Item Number JZ 0-A Legal ❑ EST 1836 Finance ❑ Engineer ❑ -�` Tracking Number City Administrator ■ Consultant ❑ MU 1 is `¢1�jLL eye. ❑ Agenda Item Summary Memo Title: Intergovernmental Agreement with School District Meeting and Date• City Council 5/25/10 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: See attached. THE INTERGOVERNMENT COOPERATIVE AGREEMENT OF THE YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT #115 and THE UNITED CITY OF YORKVILLE This agreement is made and entered into this _ _ day of April 2010, by and between THE UNITED CITY OF YORKVILLE an Illinois municipal corporation (the "City"), and the Board of Education of YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT #115 (the " School District"). WITNESSETH WHEREAS, the parties hereto are interested in establishing an Intergovernmental Agreement for the sharing of current and future City and School District facilities and services; and WHEREAS, the purpose of this joint use Agreement is to allow and encourage the Parks and Recreation Department of the City and School District to work together in planning and developing future public buildings and amenities, and the use of existing and future public buildings and amenities; and WHEREAS, said Agreement has been created, and has been adopted by the City Council of United City of Yorkville; and WHEREAS, said Agreement has been created, and has been adopted by the Board of Education of the Yorkville Community Unit School District # 115; and WHEREAS, Intergovernmental Cooperation Agreement is authorized by the Illinois Constitution of 1970 and The Intergovernmental Cooperation Act of the State of Illinois, providing for the execution of agreements and implementation of cooperative ventures between public agencies of the State of Illinois (5 ILCS 220/1 -220/7 et. seq,). NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, it is mutually agreed by and between the parties hereto as follows: 1 . DEVELOPMENT OF FUTURE FACILITIES AND PARKS. a. As established by this agreement the Parks & Rec. Dept. of the City and the School District will share the concept design for the planning of combined School/Parks locations which will include: locations, designs, types of facilities and athletic fields, schedules and frequency of use and time frames for development. b. The Parks & Rec. Department of the City and the School District will work cooperatively to provide the optimum use and fiscal resources for the development of new facilities and parks, which will benefit the residents of the United City of Yorkville and residents of Yorkville Community Unit School District No. 115 . c. The Parks & Rec. Dept. of the City and the School District will encourage cooperative efforts in the designing and land use planning of the combined School/park locations. Each Party shall offer the other the opportunity to review and comment on any future development, or improvements. These future developments may include, but not limited to: Athletic Fields for Soccer, Softball, Baseball, and Football; Tennis Courts; shared Gymnasiums or field houses; Indoor Pools; Playgrounds; multipurpose fields; Cross Country course; maintenance garage and storage areas; concession stands; or other identified amenities which are mutually agreed upon. 2. SCHOOL POLICE OFFICER. a. As established by this agreement the parties have waived the exchange of dollars for compensation of said arrangement for use of one Police Officer at the Yorkville High School during the school year and regular school hours. b. The parties understand and agree that any other police services are not covered by this Agreement. 3 . USE OF CITY FACILITIES BY THE SCHOOL DISTRICT. a. The City agrees to permit the School District to utilize designated parks and City owned facilities for organized school sponsored programs, gym class activities, and other activities that are identified for education purposes at no cost during mutually arranged and agreed upon hours and days. 4. USE OF THE SCHOOL FACILITIES BY THE CITY. a. The School District agrees to permit the Parks and Recreation Department of the City ("Parks & Rec. Dept.") to utilize School District facilities, as designated by the Board of Education of the School District, for Parks & Rec. Dept. sponsored activities during non- school hours when the facilities are not required for educational purposes or extracurricular purposes by the School District at no cost. The Parks & Rec. Dept. will have the first right of use of School District facilities as a result of this agreement. The Parks & Rec. Dept. personnel and program participants shall be entitled to reasonable modes of ingress and egress into and from the facilities, and use of the School District's parking facilities during those times when the Parks & Rec. Dept. utilizes School District facilities. b. For purposes of this Agreement, "non-school hours" shall be defined as follows: 1 . Weekdays -Monday through Friday, 4:00 p.m. - 10:00 p.m. throughout the school term. 2. Weekends - Saturdays and Sundays, 8 :00 a.m. - 8 :00 p.m. throughout the school term. 3 . At other times, such as summer recess, school holidays, other times as requested, which shall be subject to availability and approval by the Superintendent of the School District and/or designated staff. c. The City agrees that all students of the School District shall be considered residents of the City when registering for Parks & Rec. Dept. programs conducted solely or primarily at the facilities owned by the School District. 5 . SCHEDULING USE OF FACILITIES AND GROUNDS. a. To facilitate the scheduling of the School and Parks & Rea Dept. use of designated facilities and grounds by both parties representatives or staff of the School District and the Parks & Rec. Dept. will meet annually, or more frequently as may be needed, to develop a Master Scheduling Calendar for the upcoming school year. This yearly Master Scheduling Calendar shall be completed no later than May 15, for Parks & Rec. Dept. and School District programs and activities occurring during the first semester of the school year, and no later than October 1 for Parks & Rec. Dept. and School District programs and activities occurring during the second semester of the school year and through the end of June, and shall be incorporated into the School District's and Parks & Rec. Department's individual Master Calendars for the upcoming fiscal/school year. Once the Master Scheduling Calendar has been developed, it shall be the responsibility of each party to schedule their respective activities and events within the agreed upon timeframes. b. It is understood and agreed upon by the School District and City that there may be an occasion when either party may need to utilize the facilities in order to accommodate special use, as the need arises. However, the parties understand and agree that neither shall offer a program or activity which is not previously scheduled in the Master Scheduling Calendar, without first obtaining the approval of the other. c. Therefore, upon a minimum of fourteen (14) days written notification by School Superintendent or Director of Parks and Recreation, either party may request a modification of the Master Scheduling Calendar set forth. By mutual agreement of the parties, the Master Scheduling Calendar set forth may be modified. If special circumstances make it impossible for either the School District or City to cancel or change the scheduled use previously approved in the Master Scheduling Calendar, each party will provide best effort to find an alternative date. Under these circumstances, both parties hereto, agree that the scheduled event in the Master Scheduling Calendar shall take priority over any attempted change. However, the parties understand and agree that neither shall offer any program or activity which is not previously scheduled in the Master Scheduling Calendar, without first obtaining the approval of the other. Additionally, at those times when either the School District the Parks and Rec. Dept. has the scheduled use of the facilities for a particular activity but elects not to use the facilities for that activity, nothing herein shall preclude the other party's use of the facilities for a particular activity but elects not to use the facilities for that activity, nothing herein shall preclude the other party's use of the facilities upon written request to the other party for such use and receipt of written clearance for such use form the other Ply d. The Governing Bodies of each public entity, namely the City Council for the United City of Yorkville, and the Board of Education of the Yorkville Community Unit School District No. 115 reserve the right to act as the final authority in determining the use of the their respective facilities and services when either body deems the action to be in the best interest of the respective public entity. 6. OPERATIONAL COSTS. a. The School District and City agree neither party will exchange dollars or compensation for use of the facilities, grounds or Police Officer Services, as described herein. It will be the responsibility of each parry utilizing the other's property and facilities to return the condition of the facility or property to the same state it was found. b. The School District and the Parks and Rec. Dept. will provide adult staff (18 years and older) with a key to the designated facility, building or area to allow access without the need of having additional personnel present. Each party hereto, will be responsible for securing the facility, building or area upon leaving c. The City assumes the responsibility for deactivating and/or activating the alarm when using a school building, if school personnel are not present or available for this task. The City shall pay established false alarm fines if set off by City employees. d. The City will give consideration to interested off duty school personnel when hiring for program staff, though final determination will be based upon several variables including but not limited to an applicant's qualifications, background experience, and budgetary limitations. 7. PERIODIC REVIEW OF AGREEMENT. a. The School District and the City recognize and understand that this Agreement provides for the optimum use of the physical facilities being provided by the taxpayers of each entity. It is therefore recognized by both the School District and the City that there will be a need from time to time, for periodic review and modification of the schedule set forth after formal adoption and execution of this Agreement. Such reviews shall take place quarterly or as needed, at the request of either the School District or the City. b. The parties agree that this Agreement shall be in full force and effect for a period of one (1 ) year(s). Notwithstanding the foregoing provision, six (6) months prior to the anniversary date of this agreement, the City and School District ad hoc committee will meet to evaluate operational expenses incurred by each body and to evaluate the shared margin. The goal established by this agreement is that neither party incur a financial burden, and have an expense gap not to exceed 20% either way. c. At the conclusion of a period of three (3) one (1 ) years from the date indicated at the signing of this agreement, both parties will evaluate, this agreement in its entirety for philosophical, and overall benefits for both parties. If the agreement is not renewed at the conclusion of the three year period, the use period will expire at the end of the active program season. 8. HOLD HARMLESS AND INDEMNIFICATION. a. To the extent permitted by law, and subject to the terms of this Agreement, each Party shall indemnify and hold harmless the other of and from any and all losses, claims, damages, liabilities and obligations of any kind and description, including reasonable attorney fees incurred by such Party in defending or settling such losses, arising out of or in connection with being party to this Agreement or the use of the other Party's facility, provided the liability for which indemnification is sought is caused in whole or in part by the indemnifying Party. Notwithstanding anything to the contrary contained herein, the obligation created hereunder shall not apply to any loss, claim, damage, liability, or obligation where the conduct of the Party seeking indemnification, whether negligent or otherwise, caused, in whole or in part, such loss, claim, damage, liability, or obligation. 9. INTEGRATION OF ALL TERMS INTO AGREEMENT. a. This Agreement contains all of the terms, conditions and agreements between the parties hereto and no amendments, additions or changes hereto shall be valid unless attached hereto in writing and signed by the City and the School District. IN WITNESS WHEREOF, the parties hereto have, the day and year first above written, signed and executed this Agreement by virtue of authority given and granted by the respective corporate authorities of the parties hereto. THE UNITED CITY OF YORKVILLE By: Mayor, United City of Yorkville Attest: United City of Yorkville, City Clerk YORICVILLE COMMUNITY SCH L DISTRICT #115 By: President Attest: Secretary 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 CAAIE FARM ROAD ON TUESDAY, APRIL 13. 2010 Mayor Burd called the meeting to order at 7:04 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Gilson Present Werderich Present (arrived 7: 10) Ward I I Golinski Present Plocher Present (arrived 7:20) Ward Ill Munns Present (arrived 727) Sutcliff Present Ward IV Teeling Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Attorney Orr, City Administrator/Interim Director of Park and Recreation Olson, Police Chief Hart, Police Lieutenant Schwartzkopf, Finance Director Mika, Public Relations Officer Spies, Interim Community Development Director Schraw, Administrative Assistant Ostreko and Building Inspector Zabel. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Spears requested that Item #3 - Tril-and Properties License Agreement (CC 2010-31) be removed from the consent agenda and placed on the regular agenda under the Economic Development Committee Report. Amendment approved by a viva voce vote. Mayor Burd requested that Bette Schoenholtz be allowed to make a presentation on funding for the Senior Services Associates. Amendment approved by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee Meeting: 6:00 p.m., April 20, 2010 City Hall Conference Room Economic Development Committee: 6:30 p.m., May 4, 2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., April 15, 2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., April 22, 2010 City Hall Conference Room PRESENTATIONS Senior Services Associates Bette Schoenholtz with Senior Services Associates gave information on what Senior Services Associates provides to the elder community such as meals, activities, transportation, etc. She explained that the Salvation Army was no longer providing seniors with meals so Senior Services Associates has stepped up to take over the program. Senior Services is providing meals three days a week with Oswego providing meals the other two days. She explained that the program is going well with their group doing the cooking themselves. They have also cut staff in order to cut the budget however it has The Minutes of the Regular Meeting of the City Council — April 13, 2010 — page 2 been a challenge to raise money. Some groups haven't committed funding due to cash flow issues. She indicated that she'd have a better idea in June or July 2010 regarding some other funding for the program. She asked the City Council to provide $5000.00 so services can stay in Yorkville. Alderman Spears asked if the Senior Services staff booked the Beecher Center for events. Ms. Schoenholtz stated they did. Alderman Gilson stated that he had a problem with removing the funds from the budget. He suggested people step up to raise the money for the Senior Services Associates. Ms. Schoenholtz stated she was not opposed to this and thought it was a good idea. Alderman Sutcliff asked what percentage of participants were from Yorkville. Ms. Schoenholtz stated 40% of participants were from Bristol Township with 989 seniors being serviced from Yorkville. PUBLIC HEARINGS Standard Redevelopment Inc. Standard Redevelopment, Inc., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning the property from R3 General Residence to B-3 Service Business District and requesting an amendment to the Annexation Agreement to provide for the rezoning of the property from R-3 General Residence to 13-3 Service Business Distinct to the Bristol Bay PUD agreement, dated April 26, 2005. The real property consists of approximately 21 .76 acres 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 public hearing. CITIZEN COMMENTS Mark Johnson distributed photographs of signs to the City Council. He noted that sign variances were on the agenda for approval. He explained that he received a certified letter regarding a Zoning Board of Appeals public hearing for a sign variance. He was the only landowner who attended the public hearing where Attorney Kramer detailed the businesses request. He stated that he took pictures of the Route 34 and Route 47 corridors which have many signs. He noted that there was no consistency in the signs as his photos indicate. Mr. Johnson felt that if the signs bring in business they also bring in tax revenue. He asked the City Council to approve the variance requests. He added he was disappointed in the ZBA and the way they conducted business. Todd Milliron distributed information regarding insurance to the City Council. He questioned how the Health Reimbursement Arrangement (HRA) was being proposed. The $2,500 deductible increases the employee's current deductible by $2.000. He stated that the way he reads the memo dated April 8, 2010 from Meghan Ostreko regarding the health insurance renewal is that a new account will be put into effect to help employees pay the additional $2,000.00 deductible. He questioned why the city would assume the responsibility for the $2,000 per employee especially when the budget is tight. He asked the City Council to reconsider the HRA and keep the $500 deductible that the employees currently have but arrange it in such a wayas to save money and benefit employees. Mayor Hurd asked Joe Liberty from Better Business Planning to explain the insurance changes to the City Council. Mr. Liberty indicated that the proposed health insurance changes were a way to save money in the future. The Health Reimbursement Arrangement (HRA) won't lose money and can be a cost savings based on usage. His company represents 125 groups that have instituted an HRA in the last four years and no one has switched back. The reason for the $2,000.00 reimbursement was to insure that no employee would be worse off with the new arrangement. He went over the current coverage, deductibles, co-pays, etc. Under the new program the employees will not have a co-pay and will now have a calendar year deductible. He indicated that the City Council could make adjustment to the deductible however an increase creates a bigger risk for employees. Mayor Hurd questioned how much their savings would be. Mr. Liberty indicated that the savings depend on usage. Groups of the city's size average 53% utilization or 53% of the reimbursement gets spent. This puts the city into the range of 21 . 1% savings over PPO rates. The worse a group has run with them is a 76% usage rate for a 14% savings. The cash amount would be $85,000 at the 76% rate for a calendar year. The 50% rate would save $123,000.00. Mayor Hurd added that the city needed to make the insurance coverage attractive to the police union. Alderman Gilson asked if the $15/$30/$50 prescription drug reimbursement was standard with Blue Cross Blue Shield (BOBS). Mr. Liberty stated that the city could maintain its current coverage however The Minutes of the Regular Meeting of the City Council — April 13 2010 — ma e 3 the current drug card is no longer being sold. This was the biggest part of negotiating rates with BCBS was drug coverage and this was the best plan. Employees with a PPO will not have a drug card but the amount they pay will apply toward their deductible. The first $2,000 of expense will be picked up by the HRA. After an employee reaches the $2,000.00, they will be responsible for the next $500. Anything after that, BCBS will pay 100% of benefits. Alderman Teeling asked if the deductible was per person. Mr. Liberty explained that single coverage has a $2,500 deductible and that the family coverage had a $5,000/family deductible with a $4,000 ERA and $ 1 ,000 out of pocket. Alderman Spears stated she was unclear on the new coverage versus the old. Mr. Liberty reiterated that the plan was being changed from a $500 deductible with co-pay to a plan with no co-pay and a $2,500 deductible. After the $2,500 deductible is satisfied, the remainder of costs are covered 100%. The current plan has a $500 deductible after which the employees are responsible for 20%° of all costs until a $ 1000 of co-insurance is reached. Under the current plan, an employee's total out of pocket for a year could include the $500 deductible, the $1 ,000 co-insurance payments plus any co-pays paid throughout the year. He added that if the current plan with co-pay remains, the co-pay for office visits, specialist visits and emergency room visits will increase. Mr. Liberty explained that the goal was to find an inexpensive, high deductible plan and then set up a HRA to defer employee costs. He added that if everyone spent every dollar in the BRA the city would still save money. Mr. Milliron asked why embedded costs were not looked at. Mr. Liberty explained that they looked at all the plans but picked the aggregate over the embedded. He explained that some specialists are not always in some networks so that this plan protects employees. Also, out of all the 125 groups his company represents only four of them have set up embedded plans. Alderman Munns questioned how payments would be made out of the HRA. Mr. Liberty explained that employees will be given a debit card with a specified amount on it that will be used to pay doctors. Once the debit card runs out, the employee is responsible for paying the remainder of the cost. There were no further questions on the insurance plan. Mayor Burd requested that Item #2 - ADM 2010-17 - Health Insurance Renewal and Item #3 - CC 2010- 36 - Resolution Approving a Health Insurance Opt Out Incentive Policy be moved up on the agenda to be voted on now. Amendment approved by a viva voce vote. ADMINISTRATION COMMITTEE REPORT Health Insurance Renewal (ADM 2010-17) A motion was made by Alderman Sutcliff to approve a contract with VSP for vision insurance and to approve a contract with Blue Cross Blue Shield for dental and medical insurance with the following changes: a $15530550 drug card, a high deductible PPO plan ($2500 deductible for single/$5000 deductible for family) with the health reimbursement arrangement of$2000 for single/$4000 for family and an increase of 4% for employee contributions for health insurance premiums for al l non-union employees; seconded by Alderman Manus, Alderman Spears asked if employees would have to go with the $15530550 drug prescription plan. Mr. Liberty explained that they could keep their drug card with the HMO plan however if they went with the PPO plan they would then be switched to the HRA. He recommended employee switch to the $ 15/$30/$50 plan as it would create a savings of $45,000 for the city. He explained that with the PPO plan there would be the cost for prescription drugs which would be discounted by BCBS. Currently employees are paying a co-pay with the drug card. Alderman Spears asked if an employee met the $2500 deductible would there be an additional cost of$1000. Mr. Liberty indicated that no there would be no additional cost after the $2500 deductible was met because BCBS would then pay 100%. Alderman Golinski felt that there was no incentive for employees to save money. Mr. Liberty explained that some of his other clients have funded the entire deductible amount and he has seen these employees use the entire amount. However with employees still having a $500 responsibility, he sees that most employees stay within the $2000 range. Also, employees start to see the actual cost of claims whereas with a co-pay they usually feel a visit just costs $20. Also the employee's $500 contribution could be flipped to the front however this hurts employees who have the co-pay in the past. The Minutes of the Reeular Meetft a of the City Council — April 13 2010 — pa rte 4 Alderman Plocher asked how many employees are anticipated to go with the new drug card. Director Mika indicated about 50 employees are covered by the HMO plan. Mr. Liberty added that the drug card he is suggesting HMO employees switch to has the lowest co-pay plan for small groups and it will offer a substantial cost savings. BCBS has stopped selling the card the employees currently use. Alderman Gilson asked if BCBS still had the $5/$15/$20 prescription drug plan. Mr. Liberty indicated that they still did as long as the city does not make any plan changes. If any changes are made, the card will be lost. Also, with the current plan there will be a 19.5% increase. Alderman Gilson asked if the amounts listed on Mrs. Ostreko's memo for FY 10/11 include the new program. Director Mika stated that these figures are what staff has proposed as increased employee contribution. Alderman Gilson asked what the employee contribution would be under the new plan and Administrator Olson explained that the city has the authority to set employee contributions for insurance. Alderman Gilson asked what would happen if this is not approved. Administrator Olson stated that probably the cost of denying the new drug card would have to be passed down to the employees. Alderman Golinski asked if the amount shown on the memo were per paycheck. Administrator Olson explained that employee contributions for health care were deducted from one paycheck per month. Alderman Gilson stated he would like to hear Mr. Milliron's opposing view. Mayor Burd stated that this could not be done. Alderman Golinski noted that per the Governing Ordinance, three aldermen could request to hear from Mr. Mi0iron. Aldermen Golinski, Gilson and Spears requested further information from Mr. Milliron. Mr. Milliron stated that projections run on the HRA indicate some savings will be realized however there are still more savings to be realized. He questioned the mix of an HMO and PPO plan and he asked what the difference in premiums would be. He wanted to know what would keep people in the HMO plan which is the most cost-effective plan. Mr. Liberty explained that it would cost employees an additional $63 per month to switch from the HMO plan to the PPO plan. He indicated that the current PPO plan is a very good plan but more than half the employees have chose to participate in the HMO plan not necessarily due to the doctors in the plan but because it is easier to use and saves $63/mon1h. Director Mika added that employees were not comfortable with the PPO having an increased contribution as well as having a 20% out of pocket expense. Mr. Liberty stated that some employees may want to switch over to the HRA plan but this will make a difference in the overall savings for the city. Alderman Plocher questioned what if everyone did switch over. Mr. Liberty stated that he did not have an exact figure however the city won't lose money but this would eat into its savings. He explained that usually younger users pick the cheaper plan. A bigger user who needs prescription drugs probably will change. Director Mika stated that employees were waiting to see how much their contribution will increase before they choose a plan. Mayor Burd asked if the city had a by-in to the plan from the union. Director Mika indicated that the union has accepted the HMO plan with the new drug card along with the HRA plan. Mr. Liberty indicated that if the deductible was increased the union might not support the new plan and then the city would see an increase in cost. Mr. Milliron noted that the City Council was under the gun to choose a plan by April 15th. He stated that the plan could be approved with the determination of how the city and employees were going to share in the $2500 deductible made later. Mr. Liberty explained that the City Council could postpone the vote for a month but every month postponed, postpones the savings. If the changes are to be effective May 1 , 2010 he would need to know the choice by April 15, 2010. Mayor Hurd reiterated that the police union has already agreed to the changes and if they are not accepted this could mean re-negotiating with the union. She stated that that the negotiations with BCBS have lowered costs for the city and she did not see the risk in approving this. She commended the staff for their solutions. Alderman Gilson asked what the increase to employees would be if the City Council does not approve this and staff continues on with the current plan. Mayor Hurd stated that there would be an increase of 19% cost to employees. Mr. Liberty added that the city will pay an additional $300 per month per employee. Director Mika noted that the employee contribution amount is not dependent on which plan is chosen. Administrator Olson stated that the 19% increase per employee will not offset the city's cost with the current plan. There will be a cost of $11 ,000 citywide. Director Mika further added that the increase wont affect the Police Department or City Council members but would be spread amongst all the other participants in the plan. The Minutes of the Regular Meeting of the City Council — April 13 2010 — page 5 Motion approved by a roll call vote. Ayes-6 Nays-1 Present -1 Munns-aye, Spears-present, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye, Gilson-nay, Sutcliff-aye Resolution 2010-09 Approving a Health Insurance Opt Out incentive Police (CC 2010-36) A motion was made by Alderman Sutcliff to approve a resolution approving a Health Insurance Opt Out Incentive Policy and authorize the Mayor and City Clerk to execute; seconded by Alderman Teeling, Director Mika explained that if an employee chooses to opt out of insurance coverage, the city will pay them $100 per month as long as they have proof of other health insurance coverage. Alderman Plocher questioned if this included alderman. Director Mika stated that no it did not until after the next election. Alderman Gilson asked if research had been done as to how many employees may participate in this. Director Mika stated no research had been done. Administrator Olson added that it has been budgeted for one employee. Director Mika indicated that employees have asked about this possibility. Motion approved-by a roll call vote. Ayes-8 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye, Gilson-aye, Sutcliff-aye, Munns-aye CITIZEN COMMENTS continued Lynn Dubajic with the Yorkville Economic Development Corporation commented on the two sign variances on the agenda. She stated that local businesses are struggling and they need support from the City Council. She noted that the first variance is for the Hampton Inn. They were unable to purchase property from Menards on Countryside Parkway so they need this sign to attract clientele. Since the purchase of the property in 2008 the sign ordinance has changed thus necessitating a variance to the ordinance. Dan Kramer also commented on the sign variances. He stated basically the findings of facts on the sign variances were overwhelmingly in favor of granting the variances. He noted that in the mid 1980's the city was in worse financial situation than it is now. At this time he was asked to approach businesses On Routes 34 and 47 to ask them to annex into the city. Mr. Henne was one of these and he has been in the city for over 20 years paying taxes. Mr. Kramer felt it was tine to pay him back by granting his request at variance. CONSENT AGENDA I . Monthly Treasurer Report (ADM 2010-15) a. November 2009 b. December 2009 c. January 2010 d. February 2010 2. Resolution 2010-09 - Authorization to Close Money Market Account and Transfer Funds (Fox Industrial) — authorize the Mayor and City Clerk to execute (ADM 2010-18) 3. 802 S. Bridge Street — Bond Expiration —Authorize City Clerk to call Old Republic Surety Company Bond # RL10627158 in an amount of$10,0000.00 if it is not renewed by April 23, 2010 (CC 2010-32) Mayor Bard entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Spears; seconded by Alderman Teeling. Motion approved by a roll call vote. Ayes-8 Nays-0 Werderich-aye, Plocher-aye, Spears-aye, Munns-aye, Sutcliff-aye, Gilson-aye, Teeling-aye, Golinski-aye PLAN COMMISSION/ZONING BOARD OF APPEAL Ordinance 2010-09 Approving Variance for Estner Capital Management, LLC at 1201 N. Bridge Street, Yorkville (ZBA 2009-05) The Minutes of the Regular Meeting of the City Council — April 13 2010 — page 6 Interim Community Development Director Schraw reported that this variance request will improve the existing sign by adding a message board. The Zoning Board of Appeals voted on the variance and the motion failed with a vote of three ayes and three nays. Attorney Orr added that more than a simple majority was needed to approve this variance. A motion was made by Alderman Golinski to approve an ordinance approving a variance for as the Esmer Capital Management, LLC at 1201 N. Bridge St. and authorize the Mayor and City Clerk to execute; seconded by Alderman Morris. Alderman Spears noted that out of 56 property owners notified about the public hearing only one attended and showed support for the variance. No one objected. She supported the change. Alderman Gilson stated he supported the variance but suggested that the code be modified. Alderman Sutcliff stated that she thought reader signs were not allowed. Administrator Olson stated that they are allowed but with restrictions. Mrs. Schram, added that they are allowed with a change once every 24 hours. She stated that the current ordinance calls for a 32 square foot sign with only 50% being a message board. The petitioner currently has a 92.8 square foot sign and is asking for an additional 32 square foot message board. Alderman Sutcliff stated that she thought the city was backing away from this type of signs; now will everyone want one? Motion approved by a roll call vote. Ayes-6 Nays-2 Werderich-aye, Golinski-aye, Teeling-aye, Gilson-aye, Sutcliff-nay, Munns-aye, Spears-aye, Plocher-nay Ordinance 2010-10 Approving Variance for YorkAlle Hospitality, Inc. at 310 E. Countryside Parkway, YorkAlle (ZBA 2010-01 ) Mrs. Schraw explained that the request is for a 12'6` sign which will bring the sign 13' over the center of the road. The ordinance calls for 8' above the center line. The ZBA did not approve the variance with a vote of 0-ayes and 6-naps. A motion was made by Aldernman Golinski to approve an ordinance approving a variance for Yorkville Hospitality, LLC at 310 E. Countryside Parkway and authorize the Mayor and City Clerk to execute; seconded by Alderman Morris. Alderman Golinski felt this variance was more important than the previous one because the sign they are requesting was allowed in 2008 when the lot was purchased. Also there are no homeowners in the area that will be adversely affected by it; he supported the request. Alderman Plocher noted that the builder used out-of-state workers. He commented that he couldn't support the variance because he felt he needed to help people who help the city out. Alderman Sutcliff stated that the ZBA felt the business had adequate signage to the front and side of the - building. They felt they should stay within the code. Aldermen Gilson, Teeling and Spears all indicated that they supported the variance. Alderman Gilson reiterated that the ordinance needed to be revisited. Alderman Golinski agreed with this and stated that he did not understand the connection between who built the building and the sign. - Mayor Bard stated that the ZBA tried to come up with an attractive look for the city. She added that the City Council needed to support existing businesses and encourage new ones. She stated she would like to see consistency in what the ordinance supports. Motion approved by a roll call vote. Ayes-6 Nays-2 Golinski-aye, Teeling-aye, Gilson-aye, Sutcliff-nay, Munns-aye, Spears-aye, Plocher-nay, Werderich-aye MINUTES FOR APPROVAL A motion was made by Alderman Sutcliff to approve the minutes of the City Council meeting of March 9, 2010; seconded by Alderman Morris. The Minutes of the Regular Meeting of the City Council — April 13 2010 — page 7 Alderman Golinski noted that the minutes referred to attachments that were not with the draft minutes. Clerk Milschewski explained that the attachments can be found on the website after the minutes are approved and they will also be with the original minutes in the Clerk's office. Motion approved unanimously by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board Report dated April 6, 2010, totaling the following amounts: checks in the amount of$862,871 .11 (vendors); $ 6,796.36 (payroll period ending 3/19/10); $243,894.07 (payroll period ending 3/27/10); fm a total of$1 ,113,561 .54; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-6 Nays-2 Plocher-aye, Spears-nay, Munns-aye, Sutcliff-aye, Gilson-nay, Teeling-aye, Golinski-aye, Werderich-aye REPORTS MAYOR'S REPORT Appointments to the Yorkville Green Committee — Jon Pavilions and Jonathan Jackson (CC 2010-33) Mayor Burd reported that this was an information only item. She stated that she and the chairman of the Green Committee interviewed the two candidates she is appointing as voting members. She noted that there are still two more openings for non-voting members so anyone interested should contact City Secretary Olsem. Proclamation for National Work Zone Awareness Week Mayor Burd read a proclamation for National Work Zone Awareness Week (see attached). CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Treasurer Powell encouraged people to complete their census forms and mail them in. He noted that city revenues are dependent on census numbers and that it costs $57.00 to send a census worker out to each home that does not comply. CITY ADMINISTATOR'S REPORT Cost Cutting Idea Contest — Outcomes (CC 2010-35) Administrator Olson reported that six cost cutting ideas were in the City Council packets and one was still in the works. He felt more would be coming in since the information had been placed on the city's website. He entertained any questions. Alderman Golinski questioned if these were the only ideas received and Administrator Olson indicated a total of seven ideas had been received. He also continued his report on the International City Management Association (IMCA) code of ethics which state that be is to make it his duty to continually improve his professional ability and to develop the competence of associates in the use of management techniques. He stated that he should be able to self assess his management skills periodically in order to detail 40 hours of training required by the organization. Training can include things as simple as going to the IM CA website and download professional development activities or by going to an IMCA seminar. FINANCE DIRECTOR'S REPORT No report. The Minutes of the Regular Meeting of the Citv Council — April 13, 2010 — page S CITY ENGINEER'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported on the following: • The water department will be flushing hydrants for the next few weeks starting on the north side of town. This should take 2 to 3 weeks to complete and signs will be posted in the area that the flushing is taking place. • He went back over the overtime numbers and found that the overtime for the water department was estimated at $4,000.00 for the entire year which is greatly reduced from previous years. CHIEF OF POLICE'S REPORT Chief Hart reported that Officer Calvert has announced his retirement after being with the Police Department for over 28 years effective May 7, 2010. DIRECTOR OF PARKS & RECREATION'S REPORT Interim Director of Park and Recreation Olson reported: • The cite will be holding its 25th Annual Golf Outing on May 7, 2010. This year there will be no dinner so the cost for the event is less. He reported he was still looking for sponsors for the event and alderman to golf. • On Sunday, April 18, 2010 the city will be holding its annual 5K/1 OK Tax Dodge Run outside the Rue Center. Advance registration for the 5K is $20 and $25 for the l OK. Registration the day of the event will be $30 for the 5K and $35 for the I OK. The first month of registration for the event is the same as last years. . COMMUNITY DEVELOPMENT DIRECTOR REPORT Mayor Bard stated that the new Community Development Director will begin May 3, 2010. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported on the following: • She sent an email blast out to residents telling them about the Cost Cutting Idea Contest so hopefully there will be more entries. • There are four days left until census forms are due. Kendall Comity has a return rate of 83%. She encouraged everyone to return their form. • There is a new index on the city's website. It is in the upper right hand comer of the site. Alderman Spears noted that some people in Countryside had not received the Park Department brochure or the city newsletter. Mrs. Spies stated that she received complaints and contacted Superintendent of Recreation Swithin but she has not heard back from her. Mayor Burd, Clerk Milschewski and Alderman feeling noted they also did not receive the brochure or newsletter. COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2010-11 Amending the Code of Ordinance Providing for the Regulation of Signs - Second Reading (CC 2010-28) A motion was made by Alderman Golinski to approve an ordinance amending the code of ordinances providing for the regulation of signs and authorize the Mayor and City Clerk to execute; seconded by Alderman Werderich. Alderman Spears asked if fourteen days was the maximum allowed for displaying banners; she thought it was discussed that they could be displayed the same as sandwich boards. Administrator Olson explained that he thought the committee discussed the elimination of the permit fee and the duration of sandwich board signs and increasing the size of temporary signs. The Minutes of the Regular Meeting of the City Council — April 13, 2010 — page 9 Mayor Hurd stated that this is for local businesses who are trying to get "eye appeal". This amendment will help them by allowing a one year temporary change. Motion approved by a roll call vote. Ayes-8 Nays-0 Gilson-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye TriLand Properties License Agreement (CC 2010-31 ) A motion was made by Aldennan Golinski to approve the TriLand Properties License Agreement and authorize the Mayor to execute; seconded by Alderman Werderich. Alderman Spears questioned if the agreement bad been legally reviewed. Attorney Orr stated that it had. Alderman Spears asked if there was a cost for general liability insurance. Director Mika stated that the insurance carrier temporarily named TriLand as an additional party on the insurance policy. Alderman Spears asked if the holes had been filled and was told they were. Alderman Gilson asked if this would create more traffic in the area and Director Dhuse explained that the traffic should be less than what was experienced during the Holiday Under the Stars event. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye, Gilson-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance Amending the Code of Ordinances Providing for Penalties for Violation of the State Officials and Employees Ethics Act (ADM 2009-43) A motion was made by Alderman Sutcliff to approve an ordinance amending the Code of Ordinances providing for penalties for violation of the State Officials and Employees Ethics Act and authorize the Mayor and City Clerk to execute; seconded by Alderman Teeling. Mayor Hurd explained that this item was on the agenda because the state mandated that the city have an ethics act. The city's original ordinance did not have penalties included and the State's Attorney indicated the ordinance should have this. He came to the Administration Committee meeting and gave direction so that the ordinance could be re-written to address the penalties. Alderman Werderich asked what the direction of the State's Attorney was. Attorney Orr explained that he recommended the included penalties section and a mechanism for enforcement. She stated that enforcement could be made either by local or county commissions. Mayor Burd added that the City Council recommended a local commission. Alderman Spears stated that she has transcribed the minutes of the August 24, 2009 Administration Committee meeting verbatim. She asked that the vote on this be tabled until the City Council can review her transcription. A motion was made by Alderman Spears to table the ordinance back to the Administration Committee; seconded by Alderman Gilson. Motion to table approved by a roll call vote. Ayes-6 Nays-2 Golinski-aye, Teeling-nay, Gilson-aye, Sutcliff-nay, Mums-aye, Spears-aye, Plocher-aye, Werderich-aye Senior Services Rent Refund (ADM 2010-19) A motion was made by Alderman Sutcliff to approve a $5000 refund to Senior Services from the FY 09/10 budget; seconded by Alderman Spears. The Minutes of the Regular Meeting of the City Council — April 13 2010 — tralle 10 Alderman PI ocher suggested leaving the amount in the budget but asking for it to be reimbursed. Director Olson explained that this donation is for the current fiscal year with funds being raised for the next fiscal year. City Treasurer Powell stated he would make a contribution to Senior Services to be used toward the rent. Alderman feeling asked if the amount was in the revised budget. Administrator Olson stated it was included in the unapproved budget, Aldenuan Gilson stated that he did not support the refund but will step up to help with fundraising. Motion approved by a roll call vote. Ayes-7 Nays-1 Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye, Gilson-nay, Sutcliff-aye, Munns-aye, Spears-aye Senior Services Rent Waiver (ADM 2010-19) A motion was made by Alderman Sutcliff to approve waiving the rent for Senior Services the first five months of FY 10/11 ; seconded by Alderman Spears. Mayor Burd slated that if Senior Services raises $5000 they would reimburse the rent to the city. Alderman Werderich asked if this was in addition to the first motion and Mayor Burd stated that yes it was. Alderman Plocher asked if this amount was allocated in the unapproved budget. Administrator Olson stated that $7000 was included in the next fiscal year budget. Motion approved by a roll call vote. Ayes-6 Nays-2 Teeling-aye, Gilson-nay, Sutcliff-nay, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye Bette Seboenholtz with Senior Services Associates thanked the City Council for their support and stated that this would make it easier for them to plan for the next year. She indicated that she needed volunteers to help raise the dollars in order to pay back the city. Ordinance Approving the 2010/2011 Fiscal Budget for the United City of Yorkville (ADM 2010-16) A motion was made by Alderman Sutcliff to approve an ordinance approving the 2010-2011 Fiscal Budget and authorize the Mayor and City Clerk to execute; seconded by Alderman Moons, Mayor Burd noted that Aldermen Gilson and Spears had quite a few suggestions on how to save money. She stated that Alderman Gilson had about twenty pages of suggestions however the City Council did not get the information before the meeting for review. She suggested that the rules of the Governing Ordinance be amended for tonight so that as the reconmmendations are made, the City Council members can be polled as to if they would consider the suggestion. After all the recommendations are heard, she suggested that the City Council table the approval of the ordinance until the next City Council meeting. This would allow the staff to review the recommendations. At the next City Council meeting, the items indicated for consideration can be discussed further. A motion was made by Aldermman Sutcliff to suspend the Governing Ordinance rules on debate; seconded by Alderman Munns. Alderman Werderich asked for clarification on what was being suspended. Mayor Burd stated that the debate rules were being suspended; there would be no debate on the suggestions tonight. Alderman Gilson asked if the City Council members could ask questions and. Mayor Burd stated questions could be addressed. Alderman Gilson commented that all his questions could have been addressed at the Special City Council meeting however some aldermen had to leave at noon so the meeting was called for lack of quorum. The Minutes of the Regular Meeting of the City Council — April 13 2010 — page 11 Alderman Spears was concerned that the City Council received another packet of updates tonight and did not have time to review them. Mayor Hurd explained that the budget packet on the City Council desks included the changes recommended at the Special City Council meeting. Administrator Olson clarified that the packet on the desks included three changes, which were all cuts. He asked the City Council to refer to the second page of his April 5, 2010 memo which outlined the summary of changes. Alderman Gilson presented the following questions and/or changes to the budget: • Page 8 — Transfer to Police Capital —$25,000. Questioned how much money had been borrowed. Administrator Olson stated $103,000 had been borrowed from the General Fund to be paid back $25,000 per year over the next two fiscal years. Alderman Spears commented that she had a problem with transferring police capital into the general fund. She felt this was penalizing the Police Department by taking their money to help out with other departments misspending. She requested the funds be returned to the police capital. Mayor Hurd stated there was no documentation to support Alderman Spears' claim of misspending. She added that these are not just Police Department funds because their funds are budgeted out of the general fund and explained that out of an $11 million city budget the Police Department gets $3 million. Administrator Olson added that if the funds are not taken out of this budget the 09/10 budget will be in a deficit but it would make the 10/11 budget look better. There was a 5 to 4 consensus to discuss thisjurther at One neat meeting. • Page 9 — Public Relations - $1750. Detail what is covered by the $1750. Mrs. Spies explained this covered key cards for the new residents packets, advertising, copies, etc. Alderman Gilson proposed cutting this line item. There was a 6 to 2 consensus to discuss this further at the nest meeting. • Page 9 — Office Supplies - $750. Alderman Gilson proposed cutting this line item. Aldennan Moons questioned if this could be done online. Mrs. Spies stated that the newsletter is online but not everybody has access to the Internet. Mayor Burd felt this was a necessity. There was a 5 to 4 consensus not to discuss Otis fmYher. • Page 9 — Community Events - $6000. Alderman Gilson proposed cutting this line item. There was a 5 to 4 consensus not to discuss this furlher. • Page 9 — Holiday Under the Stars - $7000. Was this event paying for itself? Administrator Olson stated that this is a carryover of the profits from the event. • Page 10 — Computer Equipment and Software - $4550. Can we make do with existing equipment? Administrator Olson stated that this pays for the yearly authorization for the engineering department to use certain software programs. Mrs. Schraw stated that the engineering department could use the 2010 program however when the city gets the license agreement it will cost more than renewing every year. Administrator Olson noted that the comment on the bottom of the page (E) indicates that this is based on computer replacement policy and anticipated licehse renewal fees. One computer is faulty and won't run the software so it needs to be replaced. • Page 10 — Engineering Supplies - $2000. What does this cover? Administrator Olson explained it covers tools used in the field such as stakes, paint, etc. • Pages 11 - 13 - Labor Negotiations (page 13 -Comment "C") - $20,000. Wasn't this a negative amount? Administrator Olson noted that the agreement was not signed yet. Alderman Gilson noted that the amount has varied over the years. Mayor Bard stated that negotiations do not take place every year. Alderman Gilson asked if this amount could be decreased. There was a 7 to 1 consensus to discuss this further. • Page 12 — Neighborhood Watch - $1531 . Suggested removing the funds. There was a 5 to 3 consensus to discuss This furlher. • Page 13 - Citizens Police Academy - $1839. Questioned the increase in the line item and proposed a reduction back to $339. Chief Hart explained that he planned to hold two classes in the coming fiscal year where as last year there were not two classes held. There was a 5 to 3 consensus to have no f rther discussion on this matter. • Page 14 — Community Development Employee Salaries - $293,840. He noted that growth was gone however the salaries are up. He proposed that salaries or staff be cut. There ryas a 7 to 1 consensus to discuss this further. • Page 14 — Dues - $1500. Was this a necessary item? Administrator Olson explained that professional dues such as in ICCI were necessary. • Page 14 — Operating Supplies - $3500. What does this pay for? Administrator Olson explained office supplies. Alderman Gilson suggested reevaluating and reducing the amount. There was a 5 to 4 consensus to have no finiher discussion on this matter. • Page 14 — Computer Equipment and Software - $6505. Why was this increased? Administrator Olson explained this was for the automatic renewal of GIS upgrades and for the server. Alderman Gilson proposed not to get an additional server and make do with what the city currently has. Mayor Hurd questioned the figure from FYs 03/04 and 04/05. She stated that the The Minutes of the Regular Meeting of the City Council – April 13 2010 – as a 12 department did not exist at this time. Administrator Olson explained that during this time there were fees from Mike Schoppe, etc. Tlhere iras o 5 to 4 consensus to have no fia-ther discussion on this natter. •. Page 15 – Streets Salaries – Overtime - $28,000. Can overtime be reduced? Administrator Olson said no that overtime was tied to snowplowing. • Page 15 – Hand Tools - $1000. Could this be reduced? Director Dhuse stated that the department was looking for a new hydraulic jack so this line item could not be reduced. • Page 20 – Beginning Fund Balance - ($ 552,474). Why the deficit? Director Mika explained that the deficit was due to the bond payment for City Hall. There were not enough developer fees to pay for the bond which funds for all the improvements to city buildings were taken out of This didn't balance out to zero because developer contributions came to a halt. • Page 20 – Development Fees – Building - $55,000. Why the increase from $10,000-$55,000? Administrator Olson explained there are impact fees paid by developers when permit is pulled this amount is $150. The city is currently at $10,000 but staff is expecting more impact fees in the future. He added to disregard the comment (A) as there are several fees in place. • Page 23 – K-9 Equipment - $2500. Could some of the funds for the equipment be eliminated? There ivws a 5 to 3 consensus to have no ftn-thei discussion on this matter. • Page 23 – Equipment - $40,000. Could this be reduced without crippling the Police Department? Chief Hart explained that no equipment was replaced last year so replacement of some things such as in-car computers and radios is needed this year. • Page 26 – Park Capital Donations. Alderman Gilson questioned the $206,708 donation; where was it applied? Administrator Olson explained that two donations went to the Raintree subdivision and one went to the Bristol Bay subdivision. • Page 26 – Pick Up Truck/Dump Truck. Funds had been allocated in previous years to this line item however none have been over the last several years. Alderman Gilson wondered if there would be on any unexpected expenses for that line item. Administrator Olson stated that none were anticipated. • Page 26 – Raintree Park - $ 158,135 and Baseball Field Construct - $15,000. Is this part of the park build out? Administrator Olson explained this went with the Park Capital Donation for Raintree Park. It was coded on the revenue side as well as the expense side of the budget. • Page 29 – City Hall Bonds – Principle Payment - $57,200. is this the last payment? Mayor Bard indicated that it was. • Page 29 - Transfer from General Fund – $429,404. Is there a transfer from the general fund into the debt service fund? Administrator Olson indicated that this is matched in the general fund and this is to offset the two debt service payments. • Page 33 – Meter Retrofit. It was discussed to remove this out of the budget. Director Otiose stated it was removed from the budget. Administrator Olson explained that the bonding fee has been reduced from $ 12.50 per month to 8 Y dollars per month. There will still be a deficit but this should keep the fund level until connection fees increase. • Page 35 – Revenues -Beginning Fund Balance. In the 06/07 actual budget there was $657,374. Where did the funds go? Director Mika explained that in the past Sewer and Maintenance were two separate funds but now they have been merged. Also the funds were spent on sewers maintenance in close 06 /07. If there is no money to carry over, it is not carried over to the next budget year. • Page 35—Improvements Revenues – Beginning Fund Balance - $ 1 ,500,000. Where do the revenues come from? Director Mika explained that the beginning fund balance is not necessarily cash; it includes assets and liabilities. Revenues are also from connection fees. Administrator Olson further explained that these were separate funds, maintenance and capital. When they were combined staff stopped tracking the beginning fund balance in each fund. He pointed out the Fund Surplus (Deficit) Balance on page 37 for the 09110 Internal Revised Budget matches the amount indicated on page 35. • Page 35 – Connection Fees - $ 175,000. What is this based off of? Administrator Olson explained that this was based on the $ 1800 sewer maintenance impact fee. • Page 36 – Game Farm Sanitary SSES Repair - Was this item removed from the budget? Administrator Olson indicated that it was. • Page 37-08/09 Actual – ($1,108,010). Why the deficit? Administrator Olson stated that this amount needed to be verified because this number should have transferred over to the following year. He added that in the revised budget passed out today this is a positive number of$53,000 due to the removal of the Game Farm Road project. He also explained that bonds, such as the Rob Roy Creek bond, for several sewer projects are beginning to increase. • Page 38 – Plan Cash - Beginning Fund Balance. Why the deficit? Director Olson stated that there will be a deficit if the state doesn't certify all the reports in the next two weeks. The Minutes of the Regular Meeting of the City Council – April 13 2010 – page 13 • Page 38 – Caledonia - $38,000. Why was this included in the 10/11 budget? Administrator Olson explained that the city is working with the developer who owes along some for land cash. They are proposing that the developer pay $38,000 for the houses already built. • Page 38 -Wheaton Woods Grant- $30,000. Is this a similar situation to that with Caledonia? Administrator Olson stated it was in that staff is currently wrapping up their application. • Page 39 - Raintree Village - $495,000. Could staff explain this expense? Administrator Olson explained that the $495,000 would be reimbursed by an OSLAD grant and it was for a park project. Page 39 – Rec Center Agreement Bristol Bay Park A - $ 100,000. Is this similar to the Raintree Village project? Administrator Olson stated that no this was different; the developer has given the city the money for the park. Page 39 – Total Fund Revenues - $482,641 and Total Fund Expenses - $665,449. Why the deficit? Administrator Olson explained that the city was spending more money this year for grant applications however it will be getting reimbursed these funds next year. Page 40 – Beginning Fund Balance - $388. Where do the revenues come from? Administrator Olson explained that the Park & Recreation Department funds their own bank account and depleted their fund balance. They are receiving a cash flow loan from the General Fund and he is proposing to put away $15,000 to start building the fund balance backup. He is projecting to end this year in the black. • Page 40 – Fees for Programs - $225,000. He thought that fees were increased. Administrator Olson explained that each class was looked at and their fees increased but some classes have also been canceled. This amount was over-estimated last year. • Page 40 – Loan from General Fund - $100,000. Are we taking money from the General Fund to support the Park and Rec Department? Administrator Olson noted that on page 42, under Recreational Expenses, there is a repayment of the General Fund loan in the amount of $ 100,000. There is no net gain or loss on the books. Alderman Gilson asked where revenues came from and Administrator Olson explained from classes, Hometown Days, etc. e Page 40 – Salaries – Part Time - $ 17,000. Can this amount be reduced? Administrator Olson explained that the department is asking for an additional part time employee for summer maintenance. This position will replace the one full-time position that has been cut. There was a 4 to 2 to I (present) consensus to have no farther discussion on this matter. Alderman Sutcliff was not available for input. • Page 40—Salaries – Overtime - $4000. Could this amount be cut? Administrator Olson stated that the overtime was used for rain day baseball field maintenance. There was a 5 to 2 consensus to discuss this nm8e'further. Alderman Sutcliff was not available for input. • Page 40 – Maintenance – Equipment - $14,000. Alderman Gilson proposed to reduce this amount. Administrator Olson indicated that they haven't replaced equipment as often as before in maintenance has been going up. ® Page 41 – Computer Equipment and Software - $500. Alderman Gilson proposed to cut this line item. Administrator Olson stated this was for a new program that can be used to create a matrix for facility use and it will result in a savings. Thee was a 6 tot consensus to discuss this mater fnrthei . Alderman Sutcliff was not available for input. e Page 41 – Office Equipment - $500. What will this be used for? Administrator Olson indicated that public works has old office equipment that is falling apart which needs to be replaced. • Page 41 – Flowers/Trees - $1000. Could these be donated? Administrator Olson stated that some flowers are donated. The thousand dollars is the cost of planting. Alderman Gilson proposed giving the amount donated or reducing the amount. There was a 4 to 3 consensus to discuss this unatterfurthe. Alderman Sutcliff was not available for input. • Page 41 – Employee Salaries - $368,532. Why the increase? Director Mika indicated there was a decrease in FY 10/11 budget due to furloughs of five days. Administrator Olson noted there have been personnel changes and salaries have shifted and he indicated that staff would look into the increase further Page 41 - Concession Staff- $101000. Why the increase? Administrator Olson indicated that this was tied to revenues and tournaments so the concession stand needs more hours to keep up with demand. Page 41 – Part Time Salaries - $22,080. Alderman Gilson proposed a decrease to this line item. Director Olson stated that one part time Rec employee's hours have increased to cover administrative issues at the front desk. Thee was a 5 to 3 consensus not to discuss this matter frther. Page 41- Contractual Services - $50,000. What does this cover? Administrator Olson explained the contractual services cover the independent contractors employed at the Rec Center. This line item is funded by programs. The Minutes of the Regular Meeting of the City Council – April 13. 2010 – page 14 • Page 42 – Maintenance – Office Equipment - $4500. What did this cover? Administrator Olson explained this covers the maintenance of the copiers. • Page 42 – Electricity - $22,000. Administrator Olson explained that this was paid out of streets but now has been moved to this account. • Page 42 Telephone/Internet - $ 1300. What did this cover? Administrator Olson explained that the cost was for the old post office building. He thought it could be eliminated but employees are still using the location. • Page 42 – Training and Conference - $500. What does this cover? Administrator Olson explained the source for CPR training. • Page 42 – Recreation Equipment - $2000. What did this cover? Administrator Olson explained it covered bats, balls, etc. and was offset by fees. • Page 42 – Computer Equip and Software - $2600. What was this for? Administrator Olson explained that this was the payment for the Rec tracking program software which is in its third year of its contract. The equipment was $7500 which included tech support. He believed that this would be the last year of the payment. • Page 42 – Repayment of General Fund Loan - $100,000. What was this for? Administrator Olson indicated that this was to help with cash flow and that there was no gain or loss. • Page 44—Recreation Center. Alderman Gilson noted the deficit and stated that the Rec Center is not self sustaining. He questioned what the savings would be if the Rec Center was cut loose. Administrator Olson explained that the deficit was due to the property taxes in the city is seeking relief from. The taxes are 10% of the budget. He further explained that the contract for the Rec Center does have an out clause but they would still need to pay through June of 2012. There is also a penalty of $100,000 to get out of the contract. • Page 44 – Salaries - $33,543. Alderman Gilson asked if this could be reduced and Administrator Olson indicated that only one employee would be affected. • Page 44 – Salaries – Instructors - $65,000. Administrator Olson explained that this is paid by the programs. • Page 44 – Maintenance – Office Equipment - $4500. What does this include? Administrator Olson stated that it covered the copiers. • Page 44 – Maintenance – General - $16,000. What does this cover? Administrator Olson stated that it covered the HVAC, roof, etc. • Page 44 – Pool Repair – $5000. What does this cover? Administrator Olson explained that this covered pool equipment such as the heater. • Page 44 - Program Expense - $17,000. Administrator Olson indicated that this was offset by revenue. • Page 40 fine – Recreation Equipment - $6000. What does this cover? Administrator Olson indicated that this was for the replacement of treadmill and that he was also looking for a donation of some LCD televisions. Alderman Gilson proposed that this be removed from the budget. There was a 5 to 3 consensus not to discuss this matter anyfurther. Alderman Spears had the following questions: • Page 1 0 – Contractual Services – $30,000. Why was this amount increased? Administrator Olson explained that the city had significant studies done on East Van Emmon Road, etc. which cost $30,000. He is budgeting the same amount due to incomplete subdivisions. • Page 4 – Dues - $12,500. She noted that this amount had increased from 12,450. It was explained that the increase was due to Metro West dues. She also had a question about page 5 of 53 – N1COR Gas - $31 ,000. She felt that this amount should be higher. Administrator Olson noted that this amount was discussed at the Saturday meeting. • Page 15 –Electricity- $80,000, How can we decrease this? Administrator Olson stated that there could be a transfer of costs to the Rec Department fund for the Rec Center electricity. • Page 18 – Contingency – $0. Where did the funds go? Director Dhuse stated that $140,000 went to the Fox Road and Game Farm Road projects and salt purchases. Funds are where they should be; the state reviewed in this balances out. • Page 27. Is the column "08/09 Actual' missing from this page? Director Mika stated that it was missing. Alderman Spears asked if it could be included in the budget for review at the next meeting. • Page 31 – Salaries – Overtime - $15,000. Why the increase from the actual 08/09 budget? Administrator Olson explained that this was addressed in his April 5, 2010 memo. The amount was decreased from $20,000 to $15,000. This pays for water main breaks, hydrant replacements, customer callouts, etc. • Page 41 – Wearing Apparel - $4100. What does this include? Administrator Olson explained it covered the cost of shirts, pants, boots, etc. Alderman Teeling asked why the city was buying The Minutes of the Regular Meeting of the City Council — April 13 2010 — page IS employee's wearing apparel. She noted that she has to buy her own uniforms needed for her job. She asked that this be discussed further. Alderman Spears commented that working on the budget is very tedious however is the most important thing that elected officials have to do. She stated that some of the items that Aldemman Gilson brought forward to the City Council deserve more discussion. Alderman Munns had the following question: • Page 21 — Fox Hill Special Service Area — Beginning Balance - $ 18,350. This is a surplus for Fox Hill? Director Dhuse stated he was saving the excess funds for things like tree replacement or trail repairs. • Page 44 — Towel Rental - $500. What is this for? Administrator Olson indicated that the towels are there for customer use. Alderman Menus suggested that in the future budget questions be e-mailed to the staff so that the City Council could have the answers at the meeting instead of discussing them for hours. Alderman Golinski addressed the following: • Page 27 and page 28. Why are some items in red? Director Mika stated that these were new items or one-time projects. Mayor Burd added that the items in red and comment °C on page 28 were confusing. Alderman Golinski proposed that all deficit items be eliminated. There was a unanimous consensus to discuss this further at the next meeting. • Page 39 — Transfer to General Fund- $60,449. He proposed a stop to the transfer of Land Cash funds to the General Fund for salaries for the Park Superintendent and Park Planner unless their salaries are uniquely attributable to a particular park project. There was a unanimous consensus to discuss this further at the next meeting. There were no further questions or comments. A motion was made by Aldennan Spears to table the ordinance approving the 2010-2011 Fiscal Budget until the April 27, 2010 City Council meeting; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes-8 Nays-0 Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye, Gilson-aye ADDITIONAL BUSINESS Reports Alderman Gilson stated that on March 9, 2010 he asked for cost savings report on Building Inspector Zabel which he never received. He stated he also never received information on the revenue from the Green Fair. Newspapers on Driveways Alderman Golinski noted that the delivery of newspapers onto a driveway is against city ordinance. He questioned if staff had contacted the company delivering the newspapers. Administrator Olson stated he had not contacted them yet. Grande Reserve Pool Alderman Spears asked if the Grande Reserve pool was opening. A resident reported to her that they got a mailing about the pool opening. Mayor Burd stated she had heard a minor that it was. EXECUTIVE SESSION None ADJOURNPIENT Mayor Hurd entertained a motion to adjourn the meeting. So moved by Alderman Gilson; seconded by Alderman Sutcliff. Adjournment of the meeting was unanimously approved by a viva voce vote. - Meeting adjourned at 11 :35 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois ORIGINAL CITY COUNCIL MEETING UNITED CITY OF YORKVILLE , ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before CHRISTINE M . VITOSH , C . S . R . , on April 13 , 2010 , at the hour of 7 : 00 p . m . , at 800 Game Farm Road in the City of Yorkville , Illinois . DI D - 906010 e� reporting service 630-963-0030 1300 Iroquois Avenue, Suite 100 Naperville, IL 60563 e-mail: depocourt @comcast.net ^ www.depocourt.com 2 1 P R E S E N T : 2 MS . VALERIE BURD , Mayor ; 3 MR . GARY GOLINSKI , Alderman ; 4 MR . ARDEN JOE PLOCHER , Alderman ; 5 MS . ROSE ANN SPEARS , Alderwoman ; 6 MS . ROBYN SUTCLIFF , Alderwoman ; 7 MR . WALLY WERDERICH , Alderman ; 8 MR . GEORGE GILSON , JR . , Alderman ; 9 MS . DIANE TEELING , Alderwoman . 10 11 12 MR . BART OLSON , City Administrator ; 13 MR . WILLIAM POWELL , City Treasurer ; 14 MS . JACQUELINE MILSCHEWSKI , City Clerk . 15 16 A P P E A R A N C E S : 17 BY : MS . KATHLEEN FIELD ORR , 18 Appeared on behalf of the United 19 City of Yorkville , Illinois . 20 - - - - - 21 22 23 24 Depo • Court Reporting Service ( 630 ) 983 - 0030 3 1 ( Pledge of Allegiance . ) 2 ( WHEREUPON , a portion of 3 the proceedings was not 4 herein transcribed . ) 06 : 14PM 5 MAYOR BURD : Standard Redevelopment , 6 Inc . , petitioner , has filed an application with 7 the United City of Yorkville requesting rezoning 8 of the project from R- 3 General Residence to B - 3 9 Service Business District and requesting an 06 : 14PM 10 amendment to the annexation agreement to provide 11 for the rezoning of the property from R - 3 12 General Residence to B - 3 Service Business 13 District to the Bristol Bay PUD agreement dated 14 April 26th , 2005 . 06 : 15PM 15 The real property consists of 16 approximately 21 . 76 acres located south of 17 Galena Road and east of Cannonball Trail in 18 Yorkville. 19 So we will now go into our public 06 : 15PM 20 hearing . And is someone here tonight to present 21 that ? 22 MR . FULLERTON : Yes , I am . Good 23 evening , everyone . As I said before , I am Tom 24 Fullerton . I am here on behalf of Standard Depo • Court Reporting Service ( 630 ) 983 - 0030 4 1 Redevelopment and its petition to rezone the 2 property that was just spoken to . 3 It ' s a little under 22 acres , it ' s 4 just south of Galena Road and just east of 06 : 15PM 5 Cannonball Trail . Just to give you a little 6 rundown of the surrounding area and how those 7 parcels are zoned , the property just to the north 8 and bordering the subject property is also zoned 9 B - 3 Service Business District , the property to 06 : 16PM 10 the south is zoned R - 3 General Residence District , 11 and the property to the west is zoned R - 2 12 One - Family Residence District . The property to 13 the east is not annexed to the City of Yorkville . 14 So I ' m essentially here to answer 06 : 16PM 15 any questions that you may have with respect to 16 our petition . 17 ( Enter Alderman Plocher . ) 18 MAYOR BURD : Is there anyone in the 19 audience who has a question for rezoning of this 06 : 16PM 20 property who would like to address this 21 petition ? 22 ( No response . ) 23 MAYOR BURD : We have no questions . 24 MR . FULLERTON : Okay . Depo ° Court Reporting Service ( 630 ) 983 - 0030 5 1 MAYOR BURD : Thank you . I guess we will 2 adjourn the public hearing . 3 ( Which were all the 4 proceedings had in the 5 public hearing portion 6 of the meeting . ) 7 - - - 000 - - - 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo ^ Court Reporting Service ( 630 ) 983 - 0030 6 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 9 , inclusive , is a true , correct , and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid . 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit , nor am I in any way related 14 to any of the parties to this suit , nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof , signed and 19 certified under my hand only . I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 Depo • Court Reporting Service ( 630 ) 983 - 0030 7 1 In testimony whereof , I have 2 hereunto set my hand this 27th day of April , A . D . , 3 2009 . 4 5 6 Christine M . Vitosh , CSR 7 CSR No . 084 - 002883 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo • Court Reporting Service ( 630 ) 983 - 0030 8 Allegiance [ll - Christine 12] - - 3:22, 4:24 0 I L place (11 - 6: 10 ---- -- 3:1 6:3, 7:6 Fullerton Ill - Pledge ill - 3:1 amendment (11 - ciTY (il - 1 :8 3:24 � _ PLOCHER [I] - 084-00288311) - 3:10 CITY Ill - 1 :9 LA (11 - 6:2 2:4 ! 7:7 ANN 11] - 2:5 City ocated ! tY pl - 1 :19, G I - Plocherlll - i - annexation I*1 - 2:12, 2:13, 2:14, 3:16 4:17 j ! 1 3:10 2:19, 3:7, 4:13 ----- - - portion (2) - 3:2, !� _._...-. annexed [21 - Clerk [1] - 2:14 Galena l2] - 5:5 3:17, 4:4 1111 - 6:7 4:1316:17 complete [11 - POWELLIlI - 13111 - 1 :17 answer l Game [1 1 - 1 :18 l - 6:8 2:13 4:14 consists [11 - GARY 11] - 2:3 matter(t1 - 1 :16 -- General (31 - MAYOR (41 - present (11 - r appeared 111 - 3:15 3:5, 4:18, 4:23, 3:20 L 2 2:18 control 111 - 6:21 3:8, 3:12, 4:10 Proceedings 1) application ltl - copies t2l - GEORGE Ill - 5:1 - 6:7 2:8 Mayor (11 - 2:2 200511 - 3:14 3:6 6:18, 6:21 - PROCEEDING GILSONIII - 2:8 MEETING I] - 1 2009111 - 7:3 applies p] - correct 111 - 6:8 1 :8 S Ill - 1 :15 2010 (1] - 1 :17 6:17 COUNCIL [1] - GOLINSKIIII - 2;3 meeting (21 - proceedings 131 ! 21 .76111 - 3:16 I April [3) - 1 :17, 1 :8 - 3:3, 5:4, 6:5 2211) - 4:3 1 3AR, counsel [21 - Project 111 - 3:8 26th B1 - 3:14 ARDE guess 111 - 5: 1 1 :15, 5:6 N (1) - 2:4 6:12 _ -__. - MILSCHEWSKI 111 - 2:14 Property (91 - 27th 111 - 7:2 area 111 - 4:6 COUNTY [I] - 3: 11 , 3:15, 4:2, MR161 - 2:3, 2:4, ! assume (1) - 6:2 -- - - �� 2:7, 2:12 4:7, 4:8, 4:9, , 3:22, 7 6:19 CSR (2) - 7:6, hand [21 - 6:19, 4:24 4:11 , 4:12, 4:20 -------- -- audience 111 - 7:7 7:2 provide l] - MS141 - 2:2, 2:5, 7:00111 - 1 :18 4:19 --_ _ hearing 141 - 2:6, 2:17 3:10 ..._ ® 3:20, 5:2, 5:5, 6:6 _ public lal - 3:19, ' B hereby 111 - 6:4 � $ - - D-906010111 - herein 111 - 3:4 i- - hereto Ill - 6:17 800 [1] - 1 :18 72ereunto [1) - north !!! - 4:7 - Q 8-3131 - 3:8, 1 :24 3:12, 4:9 dated (11 - 3:13 notes (11 - 6:9 - - - j BART 111 - 2:12 DIANE II - 2:9 9 Bay 111 - 3:13 direction 1 hour!! - 1 :18 Ill - questions 121 - j - behalf 121 - 2:18, 6:21 -- -- ® 4:15, 4:23 j 9111 . 6:8 3:24 District Is] - 3:9, bordering [1] - 3:13, 4:9, 4:10, OF (41 - 1 :9, - 4:8 4:12 ILLINOIS 121 - 1 :15, 6:1 , 6:2 ----- Bristol Ill - 3:13 �.._ 1 :9, 6:1 OLSON Ill - -- BURD 151 - 2:2, E Illinois 121 - 2:12 R-2111 - 4:11 A 111 - 7:2 3:5. 4:18, 4:23, �__. One 111 - 4:12 R-3131 - 3:8, 1 1 :19, 2:19 _ 3:11 , 4:10 above-entitled 5:1 One-Family east 131 - 3:17, Incl11 - 3:6 Y111 reap (21 - 1 :16, 6:6 j Business 131 - inclusive ltl - 4:12 ( 1 - 3:15 1 1 4:4, 4:13 original 1 Redevelo men accuracy 111 - 3:9, 3:12, 4:9 6:8 I I - p 620 1 Enter (11 - 4:17 t121 - 3:5, 4:1 interested 111 - 6:17 acres [2] - 3:16, entitled 121 - related (zl - C 1 :16, 6:6 6:15 ORR 11 - 2:17 6:12, 6:d ( 43 - _ outcome 111 - address ll l - essentially Ill - J 6:15 rEPORT II - 4:20 C.S.R111 - 1 :17 4:14 1 :15 adjourn Ill - 5:2 Cannonball 121 - evening 111 - P Report (1) - 6:7 Administrator 3:17, 4:5 3:23 JACQUELINE -. reported111 - certificate 11l - 6:5 i !11 - 2:12 11 - 2:14 6:17 aforesaid l] - P JOE 11 - 2:4 P.M 11 - 1 :18 Reporterll - 6:10 certified 111 - - - JR [1] - 2:8 Pages 111 - 6:7 6:4 6:19 _ parcels 111 - 4:7 reproduced 111 - agreement (21 - _.__. P Certified 111 - Family /1 - 4:12 - parties 21 - 6:20 3:10, 3:13 Farm 1] - 1 :18 K_-, Aldermanlsl - 6:3 6:13, 6:14 requesting 121 - FIELD [1l - 2:17 certify 131 - 6:4, i 2:3, 2:4, 2:7, 2:8, filed Ill - 3:6 Petition 131 - 4:1 , 3:7, 3:9 4:17 6:11 , 6:16 KATHLEEN It] - 4:16, 4:21 Residence 141 - CHRISTINE [11 - foregoing 111 - 2.17 petitioner 111 - 3:8, 3:12, 4:10, Alderwoman 131 6:7 - 2:5, 2:6, 2:9 ( 1 :17 3:6 4:12 FULLERTON (21 Depo • Court Reporting Service ( 630 ) 983 - 0030 9 respect ill - transcribed 111 - 4:15 3:4 response hl - transcript 121 - 4:22 6:9, 6:18 j responsibility Treasurerpl - 11) - 6:20 213 rezone 111 - 4:1 true ill - 6:8 rezoning U. 3:7, 3:11 , 4: 19 1 Road 131 - 1 :18, --� 3:17, 4:4 Ir ROBYN 111 - 2:6 under(3] - 4:3, ROSE ryI - 2:5 6:19, 6:21 rundown (1] - UNITED ill - 1 :9 4:6 United 121 - 2:18, 3:7 S SALLE 111 - 6:2 Service 131 - 3:9, VALERIEIll - j 3:121 4:9 2:2 set ry1 - 7:2 Vitosh 121 - 6:3, Shorthand ll] 7:6 VITOSHryI - 6:4 shorthand 121 - 1 .17 6:5, 6:9 signed (1I - 6:18 W - someone (11 - 3:20 WALLY 111 - 2:7 south (31 - 3:16, WERDERICH 111 4:4, 4:10 - 2:7 SPEARS 11l - west 111 - 411 2:5 whereof 111 - 7:1 j spoken 111 - 4:2 WHEREUPON SS 111 - 6:1 111 - 3:2 j Standard 121 - WILLIAM ill 3:5, 3:24 2:13 STATE 11) - 6:1 subject (11 - 4:8 Y suit 121 - 6:13, 614 surrounding (i) YORKVILLE111 - 4:6 - 1 :9 SUTCLIFF 111 - Yorkville l5l - 2:6 1 :19, 2:19, 3:7, 3:18, 4:13 T Z I TEELING111 - 2:9 zoned (41 - 4:7, testimony BI - 4:8, 4:10, 4:11 7:1 thereof 121 - 6:15, 6:18 Tom (11 - 3:23 tonight ryl - 3:20 Trail 12I - 3:17, 4:5 Depo • Court Reporting Service ( 630 ) 983 - 0030 DATE : 05/ 19 / 10 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 12 : 28 : 29 DETAIL BOARD REPORT FISCAL YEAR 09/ 10 ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT AA000001 CARLO D . COLOSIMO 043010 04 /30 / 10 01 POLICE-APRIL 7TH & 21ST ADMIN 01 - 210 - 62 - 00 - 5443 05 /25 /10 300 . 00 ADMIN ADJUDICATION CONTRAC 02 HEARINGS * * COMMENT * * INVOICE TOTAL : 300 . 00 VENDOR TOTAL : 300 . 00 AA000002 JULIE VISHER 042910 04 /29/10 01 ADMIN-APRIL 14TH & 28TH ADMIN 01 - 210 - 62 - 00 - 5443 05/ 25 / 10 300 . 00 ADMIN ADJUDICATION CONTRAC 02 HEARINGS * * COMMENT * * INVOICE TOTAL : 300 . 00 VENDOR TOTAL : 300 . 00 AACVB AURORA AREA CONVENTION 041010 - SUPER 05/ 11/ 10 01 FINANCE- SUPER 8 APRIL HOTEL 01 - 120 - 65 - 00 - 5844 05/25/ 10 1 , 108 . 72 MARKETING - HOTEL TAX 02 TAX * * COMMENT * * INVOICE TOTAL : 1 , 108 . 72 VENDOR TOTAL : 1 , 106 . 72 ACCURINT LEXISNEXIS RISK DATA MGMT . 1249304 - 20100430 04 / 30 / 10 01 POLICE -APRIL SEARCHES 01 - 210 - 65 - 00 - 5804 05 /25 / 10 76 . 50 OPERATING SUPPLIES INVOICE TOTAL : 76 . 50 VENDOR TOTAL : 76 . 50 ATLAS ATLAS BOBCAT B15933 04 / 29 / 10 01 STREETS -BOLTS , NUTS , FILTERS 01 - 410 - 62 - 00 - 5408 05 / 25 / 10 29 . 26 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 29 . 26 r _ 1 _ DATE : 05/ 19/ 10 UNITED CITY OF YORKVILLE PAGE : 2 TIME : 12 : 28 : 29 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /25 /2010 _ INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ATLAS ATLAS BOBCAT BIS934 04 / 30 / 10 01 STREETS - FILTER 01 - 410 - 62 - 00 - 5408 05/25 / 10 53 . 29 MAINTENANCE-EQUIPMENT INVOICE TOTAL : 53 . 29 VENDOR TOTAL : 82 . 55 ATT AT&T 6305533436 - 0410 04 /25/ 10 01 POLICE- MONTHLY CHARGES 01 - 210 - 62 - 00 - 5436 05/ 25/ 10 37 . 32 TELEPHONE INVOICE TOTAL : 37 . 32 6305536805 - 0410 04 /25 / 10 01 WATER OP-LIFT STATION 51 - 000 - 62 - 00 - 5436 05/25 / 10 168 . 08 TELEPHONE INVOICE TOTAL : 168 . 08 VENDOR TOTAL : 205 . 40 ATTLONG AT&T LONG DISTANCE 8289321360 - 0410CITY 05/ 11 / 10 01 ADMIN-APRIL LONG DISTANCE 01 - 110 - 62 - 00 - 5436 05/ 25 / 10 0 . 01 TELEPHONE 02 POLICE-APRIL LONG DISTANCE 01 - 210 - 62 - 00 - 5436 35 . 19 TELEPHONE 03 WATER OP-APRIL LONG DISTANCE 51 - 000 - 62 - 00 - 5436 8 . 57 TELEPHONE INVOICE TOTAL : 43 . 77 VENDOR TOTAL : 43 . 77 AURBLA AURORA BLACKTOP YORK- 040810 . 02 - 06A 10 / 06 / 09 01 STREETS - IN TOWN ROAD PROGRAM 01 - 410 - 75 - 00 - 7101 05 / 25 / 10 40 , 231 . 03 IN TOWN ROAD PROGRAM 02 ESTIMATE # 6 FINAL * * COMMENT * * INVOICE TOTAL : 40 , 231 . 03 VENDOR TOTAL : 40 , 231 . 03 -2 - DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 3 TIME : 12 : 28 : 29 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT BATTERYS BATTERY SERVICE CORPORATION 197496 04 /26 / 10 01 WATER OP-NEXTEL BATTERY 51 - 000 - 62 - 00 - 5438 05/25 / 10 21 . 66 CELLULAR TELEPHONE 02 SEWER OP -NEXTEL BATTERY 52 - 000 - 62 - 00 - 5438 21 . 66 CELLULAR TELEPHONE INVOICE TOTAL : 43 . 32 VENDOR TOTAL : 43 . 32 BKFD BRISTOL KENDALL FIRE DEPART . 043010 -DEV 05/ 05/ 10 01 TRUST/AGENCY -DEVELOPMENT FEES 95 - 000 - 78 - 00 - 9010 05/25 / 10 8 , 500 . 00 BKFD DEV FEE PAYMENTS 02 FOR FEBRUARY , MARCH & APRIL * * COMMENT * * 03 2010 * * COMMENT -* * INVOICE TOTAL : 8 , 500 . 00 VENDOR TOTAL : 8 , 500 . 00 CALLONE CALL ONE 1010 - 7980 - 0000 - 0510C 05 / 15/ 10 01 ADMIN-MONTHLY CHARGES 01 - 110 - 62 - 00 - 5436 05/ 25/ 10 770 . 00 TELEPHONE 02 ADMIN- CITY HALL NORTEL 01 - 110 - 62 - 00 - 5436 275 . 28 TELEPHONE 03 POLICE - CITY HALL NORTEL 01 - 210 - 62 - 00 - 5436 275 . 28 TELEPHONE 04 WATER OP - CITY HALL NORTEL 51 - 000 - 62 - 00 - 5436 275 . 28 TELEPHONE - 05 POLICE -MONTHLY CHARGES 01 - 210 - 62 - 00 - 5436 864 . 80 TELEPHONE 06 POLICE- CITY HALL FIRE 01 - 210 - 62 - 00 - 5436 33 . 57 TELEPHONE 07 ADMIN- CITY HALL FIRE 01 - 110 - 62 - 00 - 5436 33 . 58 TELEPHONE 08 WATER OP-MONTHLY CHARGES , LIFT 51 - 000 - 62 - 00 - 5436 2 , 069 . 86 TELEPHONE _ 3 - DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 4 TIME : 12 : 28 : 29 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT CALLONE CALL ONE 1010 - 7980 - 0000 - 0510C 05 / 15/ 10 09 STATIONS , WELLS * * COMMENT * * 05 /25 / 10 INVOICE TOTAL : 4 , 597 . 65 VENDOR TOTAL : 4 , 597 . 65 CAMBRIA CAMBRIA SALES COMPANY INC . 29588 04 /28 / 10 01 ADMIN- PAPER TOWELS 01 - 110 - 65 - 00 - 5804 05 /25/ 10 41 . 00 OPERATING SUPPLIES INVOICE TOTAL : 41 . 00 VENDOR TOTAL : 41 . 00 CENTRALL CENTRAL LIMESTONE COMPANY , INC 12258 04 /30 / 10 01 WATER OP -GRAVEL 51 - 000 - 65 - 00 - 5817 05/ 25 / 10 308 . 02 GRAVEL INVOICE TOTAL : 308 . 02 VENDOR TOTAL : 308 . 02 CHEMICAL CHEMICAL PUMP SALES & SERVICE 70160 04 /29 / 10 01 WATER OP- REBUILT MOTOR , 51 - 000 - 62 - 00 - 5407 05 /25 / 10 500 . 00 TREATMENT FACILITIES O&M 02 MECHANICAL SEAL , O RING , * * COMMENT * * 03 ROTATING ASM . * * COMMENT * * INVOICE TOTAL : 500 . 00 VENDOR TOTAL : 500 . 00 COFFMAN COFFMAN TRUCK SALES - 593339 04 /19 / 10 01 WATER OP- FRONT END ALIGNMENT 51 - 000 - 62 - 00 - 5409 05/25 / 10 142 . 50 MAINTENANCE-VEHICLES 02 SEWER OP- FRONT END ALIGNMENT 52 - 000 - 62 - 00 - 5409 142 . 50 MAINTENANCE-VEHICLES INVOICE TOTAL : 285 . 00 VENDOR TOTAL : 265 . 00 _ a _ DATE : 05119110 UNITED CITY OF YORKVILLE PAGE : 5 TIME : 12 : 28 : 29 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT COMCAST COMCAST CABLE 042610 - PD 04 / 26 / 10 01 POLICE- MONTHLY SERVICE 01 - 210 - 65 - 00 - 5804 05/ 25 / 10 4 . 17 OPERATING SUPPLIES INVOICE TOTAL : 4 . 17 VENDOR TOTAL : 4 . 17 COMED COMMONWEALTH EDISON 0185079109 - 0510 05/ 03 / 10 01 WATER OP- 420 FAIRHAVEN 51 - 000 - 62 - 00 - 5435 05 /25 /10 120 . 28 ELECTRICITY INVOICE TOTAL : 120 . 28 0435113116 - 0510 05/ 05/ 10 01 STREETS -LIGHTS 01 - 410 - 62 - 00 - 5435 05/ 25 / 10 86 . 23 ELECTRICITY INVOICE TOTAL : 86 . 23 0903040077 - 0510 04 /29 / 10 01 STREETS -LIGHTS 01 - 410 - 62 - 00 - 5435 05 /25/ 10 2 , 998 . 84 ELECTRICITY INVOICE TOTAL : 2 , 998 . 84 0908014004 - 0510 05 / 04 / 10 01 WATER OP-WELLS 51 - 000 - 62 - 00 - 5435 05/ 25/ 10 67 . 40 ELECTRICITY INVOICE TOTAL : 67 . 40 0966038077 - 0510 04 /30 / 10 01 STREETS - LIGHTS 01 - 410 - 62 - 00 - 5435 05 /25 / 10 74 . 45 ELECTRICITY INVOICE TOTAL : 74 . 45 1407125045 - 0510 05 / 05/ 10 01 SEWER OP- FOXHILL 7 LIFT 52 - 000 - 62 - 00 - 5435 05 /25 / 10 82 . 56 ELECTRICITY INVOICE TOTAL : 82 . 56 2019099044 - 0510 05 / 06/ 10 01 WATER OP -WELLS 51 - 000 - 62 - 00 - 5435 05 /25 / 10 61 . 34 ELECTRICITY INVOICE TOTAL : 61 . 34 -S - DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 6 TIME : 12 : 28 : 29 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05/ 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT COMED COMMONWEALTH EDISON 2668047007 - 0510 04 /29/ 10 01 SEWER OP- 1908 RAINTREE RD 52 - 000 - 62 - 00 - 5435 05 /25/ 10 120 . 43 ELECTRICITY INVOICE TOTAL : 120 . 43 2961017043 - 0510 05/ 03 / 10 01 SEWER OP- LIFT STATION 52 - 000 - 62 - 00 - 5435 05 / 25 / 10 93 . 82 ELECTRICITY INVOICE TOTAL : 93 . 82 4085080033 - 0510 05 / 04 / 10 01 WATER OP- 1991 CANNONBALL TRAIL 51 - 000 - 62 - 00 - 5435 05 /25/ 10 154 . 53 ELECTRICITY INVOICE TOTAL : 154 . 53 4449087016 - 0510 05 / 06 / 10 01 SEWER OP -LIFT STATIONS 52 - 000 - 62 - 00 - 5435 05 / 25/ 10 746 - 79 ELECTRICITY INVOICE TOTAL : 746 . 79 4475093053 - 0510 05/ 03 / 10 01 WATER OP - 610 TOWER LANE 51 - 000 - 62 - 00 - 5435 05 /25 / 10 96 . 79 ELECTRICITY INVOICE TOTAL : 96 . 79 7090039005 - 0510 05/ 10 / 10 01 STREETS - LIGHTS 01 - 410 - 62 - 00 - 5435 05 /25 / 10 19 . 72 ELECTRICITY INVOICE TOTAL : 19 . 72 VENDOR TOTAL : 4 , 723 . 18 CSIDEVET COUNTRYSIDE VETERINARY CLINIC 80466 04 / 13 / 10 01 POLICE - K9 VACCINATION 01 - 210 - 62 - 00 - 5412 05 /25/ 10 10 . 50 MAINTENANCE - K9 INVOICE TOTAL : 10 . 50 VENDOR TOTAL : 10 . 50 DEPO DEPO COURT REPORTING SVC , INC 14479 05 /10 / 10 01 POLICE -APRIL 28 ADMIN HEARING 01 - 210 - 62 - 00 - 5443 05/ 25 / 10 175 . 00 ADMIN ADJUDICATION CONTRAC INVOICE TOTAL : 175 . 00 VENDOR TOTAL : 175 . 00 _ 8_ DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 7 TIME : 12 : 28 : 29 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DLUGOPOT TIM DLUGOPOLSKI 032210 05 / 14 / 10 01 ADMIN-MARCH 22ND MEETING 01 - 110 - 62 - 00 - 5401 05 /25 / 10 127 . 50 CONTRACTUAL SERVICES 02 MINUTES * * COMMENT * * INVOICE TOTAL : 127 . 50 042010 05 / 14 / 10 01 ADMIN-APRIL 20TH MEETING 01 - 110 - 62 - 00 - 5401 05 /25/ 10 60 . 00 CONTRACTUAL SERVICES 02 MINUTES * * COMMENT * * INVOICE TOTAL : 60 . 00 VENDOR TOTAL : 187 . 50 DRILLERS DRILLERS SERVICE , INC . 4139253 - 00 04 / 13 / 10 01 WATER OP -MALE ADAPTERS , CLAMPS 51 - 000 - 65 - 00 - 5804 05 / 25 / 10 34 . 30 OPERATING SUPPLIES INVOICE TOTAL : 34 . 30 4139254 - 00 04 / 13 / 10 01 WATER OP-BRASS COUPLING , BRASS 51 - 000 - 65 - 00 - 5804 05 /25 / 10 28 . 98 OPERATING SUPPLIES 02 BUSHING * * COMMENT * * INVOICE TOTAL : 28 . 98 VENDOR TOTAL : 63 . 28 EEI ENGINEERING ENTERPRISES , INC . 8 03 /29 / 10 01 MFT- FOX ROAD LAPP 15 - 000 - 75 - 00 - 7120 05 / 25 / 10 298 . 15 FOX ROAD INVOICE TOTAL : 298 . 15 9 04 /22 / 10 01 MFT - FOX ROAD LAPP PROJECT 15 - 000 - 75 - 00 - 7120 05/25 / 10 705 . 84 FOX ROAD INVOICE TOTAL : 705 - 84 VENDOR TOTAL : 1 , 003 . 99 EJEQUIP EJ EQUIPMENT _7 _ DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 8 TIME : 12 : 28 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT EJEQUIP EJ EQUIPMENT 0038252 04 /27 / 10 01 STREETS - CAULK , HOPPER SPRAY 01 - 410 - 62 - 00 - 5408 05 / 25 / 10 69 . 83 MAINTENANCE- EQUIPMENT 02 NOZZLE * * COMMENT * * INVOICE TOTAL : 69 . 83 VENDOR TOTAL : 69 . 83 EXELON EXELON ENERGY 100441500070 05/ 06 / 10 01 WATER OP- 420 FAIRHAVEN 51 - 000 - 62 - 00 - 5435 05 /25 / 10 1 , 103 . 53 ELECTRICITY INVOICE TOTAL : 1 , 103 . 53 100441600070 05 / 02 / 10 01 WATER OP - 2921 BRISTOL RIDGE 51 - 000 - 62 - 00 - 5435 05/25 / 10 3 , 547 . 67 ELECTRICITY INVOICE TOTAL : 3 , 547 . 67 100441900070 05 / 04 / 10 01 WATER OP -WELLS 3 & 4 51 - 000 - 62 - 00 - 5435 05/ 25/ 10 5 , 096 . 44 ELECTRICITY INVOICE TOTAL : 5 , 096 . 44 100587300070 05 / 02 / 10 01 WATER OP- 2224 TREMONT STREET 51 - 000 - 62 - 00 - 5435 05 / 25 / 10 3 , 697 . 91 ELECTRICITY INVOICE TOTAL : 3 , 697 . 91 VENDOR TOTAL : 13 , 445 . 55 GARDKOCH GARDINER KOCH & WEISBERG H- 1847C - 72110 05 / 08 / 10 01 ADMIN- GENERAL LEGAL MATTERS 01 - 110 - 61 - 00 - 5303 05 / 25 / 10 185 . 00 LITIGATION COUNCIL INVOICE TOTAL : 185 . 00 H - 1852C- 71373 04 / 09 / 10 01 ADMIN- OCEAN ATLANTIC MATTERS 01 - 110 - 61 - 00 - 5303 05 /25 / 10 55 . 50 LITIGATION COUNCIL INVOICE TOTAL : 55 . 50 - fl - DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 9 TIME : 12 : 28 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT GARDKOCH GARDINER KOCH & WEISBERG H- 2013C - 71371 04 / 09 / 10 01 ADMIN- HAMMAN FEES MATTER 01 - 110 - 61 - 00 - 5303 05/ 25/ 10 1 , 347 . 50 LITIGATION COUNCIL INVOICE TOTAL : 1 , 347 . 50 H- 2013C- 72226 05 / 11 / 10 01 ADMIN- HAMMAN FEES MATTER 01 - 110 - 61 - 00 - 5303 05 /25 / 10 573 . 50 LITIGATION COUNCIL INVOICE TOTAL : 573 . 50 H- 2303C- 71372 04 / 09/ 10 01 ADMIN- HAMMAN ORDINANCE APPEAL 01 - 110 - 61 - 00 - 5303 05 /25/ 10 148 . 00 LITIGATION COUNCIL INVOICE TOTAL : 148 . 00 14- 2303C- 72112 05 / 08 / 10 01 ADMIN- HAMMAN ORDINANCE APPEAL 01 - 11.0 - 61 - 00 - 5303 05 / 25 / 10 518 . 00 LITIGATION COUNCIL INVOICE TOTAL : 518 . 00 H - 2364C- 71369 04 / 09/ 10 01 ADMIN- KIMBALL HILL MATTER 01 - 110 - 61 - 00 - 5303 05 / 25 / 10 185 . 00 LITIGATION COUNCIL INVOICE TOTAL : 185 . 00 H - 2364C- 72108 05 / 08/ 10 01 ADMIN- KIMBALL HILL MATTER 01 - 110 - 61 - 00 - 5303 05 /25/ 10 129 . 50 LITIGATION COUNCIL INVOICE TOTAL : 129 . 50 VENDOR TOTAL : 3 , 142 . 00 GRAINCO GRAINCO £S . , INC . 043010 04 /30 / 10 01 WATER OP -TIRES 51 - 000 - 62 - 00 - 5409 00204430 05/25 / 10 1 , 658 . 00 MAINTENANCE -VEHICLES 02 SEWER OP-TIRES 52 - 000 - 62 - 00 - 5409 1 , 658 . 00 MAINTENANCE -VEHICLES INVOICE TOTAL : 3 , 316 . 00 VENDOR TOTAL : 3 , 316 . 00 HDSUPPLY HD SUPPLY WATERWORKS , LTD . _ o_ DATE : 05/ 19 / 10 UNITED CITY OF YORKVILLE PAGE : 10 TIME : 12 : 28 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT HDSUPPLY HD SUPPLY WATERWORKS , LTD . 1197385 04 / 30 / 10 01 WATER OP - 5 5/ 8X3 /4 100CF 51 - 000 - 75 - 00 - 7508 05 / 25/ 10 890 . 44 METERS & PARTS 02 METERS , 1 3 /4 100CF METER , 2 * * COMMENT * * 03 1 " 100CF METERS * * COMMENT * * INVOICE TOTAL : 890 . 44 VENDOR TOTAL : 890 . 44 HOMEDEPO HOME DEPOT 4013134 04 / 06/ 10 01 WATER OP- INSULATE 51 - 000 - 65 - 00 - 5804 05 /25/ 10 1 . 96 OPERATING SUPPLIES INVOICE TOTAL : 1 . 96 VENDOR TOTAL : 1 . 96 ILPD4778 ILLINOIS STATE POLICE 042110 - CITY 04/ 21 / 10 01 ADMIN-BACKGROUND CHECKS 01 - 110 - 65 - 00 - 5804 05 /25 / 10 68 . 50 OPERATING SUPPLIES INVOICE TOTAL : 68 . 50 VENDOR TOTAL : 68 . 50 ILPD4811 ILLINOIS STATE POLICE 042110 - CITY 04 / 21 / 10 01 ADMIN-BACKGROUND CHECKS 01 - 110 - 65 - 00 - 5804 05 /25 / 10 34 . 25 OPERATING SUPPLIES INVOICE TOTAL : 34 . 25 VENDOR TOTAL : 34 . 25 INTOUCH INTOUCH WIRELESS OF YORKVILLE 14851 - PD 04 /28 / 10 01 POLICE- 3 BLACKBERRY COVERS 01 - 210 - 62 - 00 - 5438 05/ 25/ 10 134 . 97 CELLULAR TELEPHONE 02 WITH CLIPS * * COMMENT * * INVOICE TOTAL : 134 . 97 VENDOR TOTAL : 134 . 97 - 70 - DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 11 TIME : 12 : 28 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT JIMSTRCK JAMES GRIBBLE 4015 04 / 30 / 10 01 STREETS -APRIL INSPECTIONS 01 - 410 - 61 - 00 - 5314 05 /25 / 10 140 . 00 INSPECTIONS & LICENSES INVOICE TOTAL : 140 . 00 VENDOR TOTAL : 140 . 00 JSHOES J ' S SHOE REPAIR 5782 - 32 04/30 / 10 01 WATER OP-RUBBER BOOTS 51 - 000 - 62 - 00 - 5421 00204664 05 /25 / 10 39 . 00 WEARING APPAREL INVOICE TOTAL : 39 . 00 VENDOR TOTAL : 39 . 00 JULIE JULIE , INC . 04 - 10 - 1801 04 / 30 / 10 01 WATER OP-APRIL LOCATES 51 - 000 - 61 - 00 - 5303 05/ 25 / 10 408 . 00 JULIE SERVICE INVOICE TOTAL : 408 . 00 VENDOR TOTAL : 408 . 00 JUSTSAFE JUST SAFETY , LTD 11694 04 /20 / 10 01 ADMIN- FIRST AID SUPPLIES 01 - 110 - 65 - 00 - 5804 05 /25/ 10 37 . 05 OPERATING SUPPLIES INVOICE TOTAL : 37 . 05 VENDOR TOTAL : 37 . 05 KCEDC KENDALL COUNTY COLLECTOR 2009041634 05 / 19/ 10 01 ADMIN-TAXES FOR PARCEL 01 - 110 - 65 - 00 - 5800 . 05 / 25 / 10 179 . 24 CONTINGENCIES 02 # 05 - 10 - 105 - 002 * * COMMENT * * INVOICE TOTAL : 179 . 24 VENDOR TOTAL : 179 . 24 KCRECORD KENDALL COUNTY RECORD DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 12 TIME : 12 : 28 : 30 DETAIL BOARD REPORT ID : AP441000 - WOW INVOICES DUE ON/BEFORE 05 /25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT KCRECORD KENDALL COUNTY RECORD 72 - 043010 04 / 30 / 10 01 DEVELOPER ESCROW- PUBLIC 90 - 220 - 71 - 00 - 0016 05 /25 / 10 40 . 80 SEW AMEND PUD AGMT - LGL 02 HEARING * * COMMENT * * INVOICE TOTAL : 40 . 80 VENDOR TOTAL : 40 . 80 KONICAMI KONICA MINOLTA BUSINESS 214531295 04 /29 / 10 01 POLICE - COPIER CHARGES 01 - 210 - 65 - 00 - 5809 05/ 25/ 10 19 . 92 PRINTING & COPYING INVOICE TOTAL : 19 . 92 214531296 04 /29 / 10 01 ADMIN- COLOR COPIER CHARGES 01 - 110 - 65 - 00 - 5809 05 / 25 / 10 272 - 82 PRINTING & COPYING 02 ADMIN- B/W COPIER CHARGES 01 - 110 - 65 - 00 - 5809 154 . 65 PRINTING & COPYING INVOICE TOTAL : 427 - 47 214531365 04 /29/ 10 01 WATER OP- COPIER CHARGES 51 - 000 - 65 - 00 - 5809 05 /25 / 10 5 . 58 PRINTING & COPYING INVOICE TOTAL : 5 . 58 214531366 04 /29/ 10 01 POLICE- COPIER CHARGES 01 - 210 - 65 - 00 - 5809 05 /25 / 10 69 . 00 PRINTING & COPYING INVOICE TOTAL : 69 . 00 214531367 04/29 / 10 01 ENG- COLOR COPIER CHARGES 01 - 150 - 65 - 00 - 5809 05 / 25 / 10 43 . 29 PRINTING & COPYING 02 ENG-B/W COPIER CHARGES 01 - 150 - 65 - 00 - 5809 36 . 78 PRINTING & COPYING 03 COMM/DEV- COLOR COPIER CHARGES 01 - 220 - 65 - 00 - 5809 43 . 29 PRINTING & COPYING 04 COMM/DEV- B/W COPIER CHARGES 01 - 220 - 65 - 00 - 5809 36 . 78 PRINTING & COPYING INVOICE TOTAL : 160 . 14 VENDOR TOTAL : 682 . 11 _ 19 _ DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 13 TIME : 12 : 28 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . 0 . # DUE DATE ITEM AMT LANEMUCH LANER , MUCHIN , DOMBROW , BECKER 355741 04 / 01/ 10 01 ADMIN-GENERAL EMPLOYMENT 01 - 110 - 61 - 00 - 5302 05 / 25 / 10 649 . 09 CORPORATE COUNCIL 02 MATTERS * * COMMENT * * INVOICE TOTAL : 649 . 09 VENDOR TOTAL : 649 - 09 MCKIRGN RANDY MCKIRGAN 97891 04 / 05 / 10 01 WATER OP - BIO DIESEL 51 - 000 - 65 - 00 - 5812 00204427 05/25 / 10 762 . 13 GASOLINE 02 SEWER OP- BIO DIESEL 52 - 000 - 65 - 00 - 5812 762 . 13 GASOLINE 03 STREETS - BIO DEESEL 01 - 410 - 65 - 00 - 5812 762 - 14 GASOLINE INVOICE TOTAL : 2 , 286 . 40 98380 04 /28 / 10 01 STREETS - BIO DIESEL 01 - 410 - 65 - 00 - 5812 00204427 05 /25/ 10 786 - 62 GASOLINE 02 WATER OP-BIO DIESEL 51 - 000 - 65 - 00 - 5812 786 - 63 GASOLINE 03 SEWER OP-BIO DIESEL 52 - 000 - 65 - 00 - 5812 786 - 63 GASOLINE INVOICE TOTAL : 21359 . 88 VENDOR TOTAL : 4 , 646 . 28 MENLAND MENARDS - YORKVILLE 90432 04 /26/ 10 01 WATER OP-WELL SOCKET 51 - 000 - 65 - 00 - 5815 05/ 25 / 10 1 . 78 _ HAND TOOLS INVOICE TOTAL : 1 . 78 90983 04 / 28 / 10 01 STREETS -ROUND GRATES , BROOM 01 - 410 - 65 - 00 - 5804 05/ 25 / 10 15 . 40 OPERATING SUPPLIES 02 HANDLE , VEHICLE BRUSH HEAD * * COMMENT * * INVOICE TOTAL : 15 - 40 _ � 8 _ DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 14 TIME : 12 : 28 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 92845 05 / 05 / 10 01 SEWER OP-WIRE WHEEL 52 - 000 - 65 - 00 - 5805 05 /25/ 10 22 . 89 SHOP SUPPLIES INVOICE TOTAL : 22 . 89 VENDOR TOTAL : 40 . 07 MIDAM MID AMERICAN WATER 60700A 04 / 15/ 10 01 SEWER OP - EASY STICKS 52 - 000 - 62 - 00 - 5419 05 / 25 / 10 58 . 00 MAINTENANCE- SANITARY SEWER INVOICE TOTAL : 58 . 00 61089A 04 / 28 / 10 01 WATER OP- HOSE NOZZLE , NOZZLE 51 - 000 - 65 - 00 - 5804 05/ 25 / 10 169 . 00 OPERATING SUPPLIES 02 CAP * * COMMENT * * INVOICE TOTAL : 169 . 00 61097A 04 /28 / 10 01 SEWER OP- COUPLING 52 - 000 - 62 - 00 - 5419 05 /25/ 10 170 . 12 MAINTENANCE- SANITARY SEWER INVOICE TOTAL : 170 . 12 61123A 04 / 30 / 10 01 WATER OP- COPPER COUPLINGS 51 - 000 - 65 - 00 - 5804 05 /25 / 10 214 . 20 OPERATING SUPPLIES INVOICE TOTAL : 214 . 20 61173A 04 /29 / 10 01 WATER OP - SUPPORT GASKETS , 51 - 000 - 65 - 00 - 5804 05 /25110 396 . 00 OPERATING SUPPLIES 02 THRUST RING , 0 -RING , UPPER * * COMMENT * * ` 03 TUBE SEALS , LOWER TUBE SEALS * * COMMENT * * INVOICE TOTAL : 396 . 00 VENDOR TOTAL : 1 , 007 . 32 MJELECT MJ ELECTRICAL SUPPLY , INC . 1115084 - 01 04 / 22 / 10 01 STREETS - 13ULBS 01 - 410 - 62 - 00 - 5415 05 /25 / 10 65 . 00 MAINTENANCE- STREET LIGHTS INVOICE TOTAL : 65 . 00 VENDOR TOTAL : 65 . 00 DATE : 05 / 19/ 10 UNITED CITY OF YORKVILLE PAGE : 15 TIME : 12 : 28 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25/ 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NCI NORTHWEST COLLECTORS INC 066245 04 /27 / 10 01 POLICE - COMMISSION ON 01 - 210 - 62 - 00 - 5443 05 /25 / 10 114 . 00 ADMIN ADJUDICATION CONTRAC 02 COLLECTIONS * * COMMENT * * INVOICE TOTAL : 114 . 00 VENDOR TOTAL : 114 . 00 NEENAH NEENAH FOUNDRY CO . 708912 04 /26 / 10 01 SEWER OP- 5 ADJUSTING RINGS 52 - 000 - 62 - 00 - 5419 05 /25 / 10 536 . 00 MAINTENANCE - SANITARY SEWER INVOICE TOTAL : 536 . 00 VENDOR TOTAL : 536 . 00 NELSON NELSON ENTERPRISES , INC . 183310 - 0000 04 / 30 / 10 01 COMM/RELATIONS -MORE ON 34 01 - 130 - 62 - 00 - 5401 05 /25 / 10 108 . 00 CONTRACTUAL SERVICES 02 APRIL ADVERTISING * * COMMENT * * INVOICE TOTAL : 108 . 00 VENDOR TOTAL : 108 . 00 NICOR NICOR GAS 00 - 41 - 22 - 8748 4 - 0510 05/ 06/ 10 01 ADMIN- 1107 PRAIRIE LANE 01 - 110 - 78 - 00 - 9002 05 / 25 / 10 50 . 97 NICOR GAS INVOICE TOTAL : 50 . 97 15 - 41 - 50 - 1000 6 - 0506 05/ 06 / 10 01 ADMIN- 804 GAME FARM ROAD 01 - 110 - 78 - 00 - 9002 05/25 / 10 165 . 99 NICOR GAS INVOICE TOTAL : 165 . 99 15 - 63 - 72 - 5733 2 - 0510 05 / 03 / 10 01 ADMIN- 1955 BRIDGE STREET 01 - 110 - 78 - 00 - 9002 - 05/25/ 10 41 . 75 NICOR GAS INVOICE TOTAL : 41 . 75 - 15- DATE : 05 / 19/ 10 UNITED CITY OF YORKVILLE PAGE : 16 TIME : 12 : 28 : 30 DETAIL BOARD REPORT ID : AP441000 . W0W INVOICES DUE ON/BEFORE 05 / 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NICOR NICOR GAS 15 - 64 - 61 - 3532 5 - 0510 05 / 06 / 10 01 ADMIN- 1991 CANNONBALL TRAIL 01 - 110 - 78 - 00 - 9002 05 / 25 / 10 37 . 45 NICOR GAS INVOICE TOTAL : 37 . 45 20 - 52 - 56 - 2042 1 - 0510 05/ 07 / 10 01 ADMIN- 420 FAIRHAVEN 01 - 110 - 78 - 00 - 9002 05 /25/ 10 84 . 37 NICOR GAS INVOICE TOTAL : 84 - 37 23 - 45 - 91 - 4862 5 - 0510 05 / 04 / 10 01 ADMIN- 101 BRUELL STREET 01 - 110 - 78 - 00 - 9002 05 /25 / 10 89 . 34 NICOR GAS INVOICE TOTAL : 89 . 34 31 - 61 - 67 - 2493 1 - 0510 05/ 06 / 10 01 ADMIN- 276 WINDHAM CIRCLE 01 - 110 - 78 - 00 - 9002 05 /25/ 10 33 . 76 NICOR GAS INVOICE TOTAL : 33 . 76 45 - 12 - 25 - 4081 3 - 0510 05/ 03 / 10 01 ADMIN- 201 W HYDRAULIC 01 - 110 - 78 - 00 - 9002 05/ 25 / 10 123 . 57 NICOR GAS INVOICE TOTAL : 123 . 57 46 - 69 - 47 - 6727 1 - 0510 05 / 06 / 10 01 ADMIN- 1975 BRIDGE STREET 01 - 110 - 78 - 00 - 9002 05 /25 / 10 67 . 90 NICOR GAS INVOICE TOTAL : 87 . 90 49 - 25 - 61 - 1000 5 - 0510 05 / 03 / 10 01 ADMIN- 1 VAN EMMON 01 - 110 - 78 - 00 - 9002 05 / 25 / 10 84 . 97 NICOR GAS INVOICE TOTAL : 84 - 97 61 - 60 - 41 - 1000 9 - 0510 05 / 11 / 10 01 ADMIN- 610 TOWER LANE O1 - 110 - 78 - 00 - 9002 .05 /25/ 10 233 . 31 NICOR GAS INVOICE TOTAL : 233 . 31 66 - 70 - 44 - 6942 9 - 0510 05/ 07 / 10 01 ADMIN- 100 RAINTREE RD 01 - 110 - 78 - 00 - 9002 05 / 25 / 10 92 . 07 NICOR GAS INVOICE TOTAL : 92 . 07 - 19 - DATE : 05/ 19 / 10 UNITED CITY OF YORKVILLE PAGE : 17 TIME : 12 : 28 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NICOR NICOR GAS 77 - 35 - 71 - 1000 4 - 0510 05/ 06 / 10 01 ADMIN- 131 E HYDRAULIC STREET 01 - 110 - 78 - 00 - 9002 05 / 25 / 10 77 . 16 NICOR GAS INVOICE TOTAL : 77 . 16 83 - 80 - 00 - 1000 7 - 0510 05 / 11 / 10 01 ADMIN- 610 TOWER LANE , UNIT B 01 - 110 - 78 - 00 - 9002 05 / 25 / 10 73 . 11 NICOR GAS INVOICE TOTAL : 73 . 11 95 - 16 - 10 - 1000 4 - 0510 05 / 11/ 10 01 ADMIN- 1 RT 47 01 - 110 - 78 - 00 - 9002 05/25 / 10 357 . 35 NICOR GAS INVOICE TOTAL : 357 . 35 VENDOR TOTAL : 1 , 633 . 07 OFFWORK OFFICE WORKS 172358I 04 /20/ 10 01 ADMIN- PAPER 01 - 110 - 65 - 00 - 5802 05 / 25 / 10 47 . 45 OFFICE SUPPLIES INVOICE TOTAL : 47 . 45 VENDOR TOTAL : 47 . 45 OLSONJ JAMES M . OLSON ASSOCIATES , LTD 9576 04 / 20 / 10 01 ENG-BOUNDARY SURVEY WITH 01 - 150 - 62 - 00 - 5401 05/25/ 10 350 . 00 CONTRACTUAL SERVICES 02 REMONUMENTATION AND LOCATION * * COMMENT * * 03 OF IMPROVEMENTS ON LOTS * * COMMENT * * 04 OF THE OLD JAIL PROPERTY * * COMMENT * * INVOICE TOTAL : 350 . 00 VENDOR TOTAL : 350 . 00 ORRK KATHLEEN FIELD ORR & ASSOC . 13171 04 / 22 / 10 01 ADMIN- GENERAL ADMIN MATTERS 01 - 110 - 61 - 00 - 5302 05 / 25 / 10 4 , 571 . 25 CORPORATE COUNCIL - 17- DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 18 TIME : 12 : 28 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ORRK KATHLEEN FIELD ORR & ASSOC . 13171 04 /22 / 10 02 DEVELOPER ESCROW-AUTUM CREEK 90 - 220 - 71 - 00 - 0019 05/ 25/ 10 92 . 50 ACRK AGMT AMEND 2010 - LGL 03 DEVELOPER ESCROW- BLACKBERRY 90 - 220 - 71 - 00 - 0016 2 , 583 . 75 SEW AMEND PUD AGMT - LGL 04 WOODS * * COMMENT * * 05 DEVELOPER ESCROW- BRISTOL BAY 90 - 220 - 71 - 00 - 0018 2 , 340 . 25 BBAY AGMT AMEND 2010 - LGL 06 ADMIN- GAME FARM ROAD 01 - 110 - 61 - 00 - 5302 83 . 25 CORPORATE COUNCIL 07 IMPROVEMENTS * * COMMENT * * 08 ADMIN- GRANDE RESERVE 01 - 110 - 61 - 00 - 5302 980 . 50 CORPORATE COUNCIL 09 DEVELOPER ESCROW- ESMER 90 - 220 - 71 - 00 - 0003 271 . 25 1201 N . BRIDGE VARIANCE - 10 DEVELOPMENT * * COMMENT * * 11 ADMIN- KENDALL MARKETPLACE 01 - 110 - 61 - 00 - 5302 92 . 50 CORPORATE COUNCIL 12 ADMIN- MEETINGS 01 - 110 - 61 - 00 - 5302 1 , 000 . 00 CORPORATE COUNCIL 13 ADMIN- OCEAN ATLANTIC 01 - 110 - 61 - 00 - 5302 92 . 50 CORPORATE COUNCIL 14 ADMIN- OTHER DEVELOPMENTS 01 - 110 - 61 - 00 - 5302 555 . 00 CORPORATE COUNCIL 15 DEVELOPER ESCROW - STANDARD 90 - 220 - 71 - 00 - 0005 416 . 25 ST REDEV SE CBALL GALENA - 16 REZONING * * COMMENT * * 17 DEVELOPER ESCROW -HAMPTON INN 90 - 220 - 71 - 00 - 0015 271 . 25 HAMPTON INN VARIANCE - LGL INVOICE TOTAL : 13 , 350 . 25 VENDOR TOTAL : 13 , 350 . 25 PARADISE PARADISE CAR WASH 221822 05 / 03 / 10 01 POLICE-APRIL CAR WASHES 01 - 210 - 62 - 00 - 5409 05/25 / 10 17 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 17 . 00 VENDOR TOTAL : 17 . 00 � n _ DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 19 TIME : 12 : 28 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT PIZZO PIZZO AND ASSOCIATES , LTD 7886 04 /26 / 10 01 LAND CASH - PRESCRIBED BURN 72 - 000 - 75 - 00 - 7336 00403971 05/ 25 / 10 4 , 320 . 00 WHEATON WOODS NATURE TRL INVOICE TOTAL : 4 , 320 . 00 VENDOR TOTAL : 4 , 320 . 00 PUBSAFDI PUBLIC SAFETY DIRECT , INC 20914 03 / 14 / 10 01 POLICE- REMOVE 911EP FOR 01 - 210 - 62 - 00 - 5409 05/ 25 / 10 60 . 30 MAINTENANCE - VEHICLES 02 WARRANTY REPAIR * * COMMENT * * INVOICE TOTAL : 60 . 30 VENDOR TOTAL : 60 . 30 R0000679 CENTEX HOMES LOT1119 05/ 06 / 10 01 ADMIN- SECURITY GUARANTEE 01 - 000 - 21 - 00 - 2115 05 / 25 / 10 3 , 525 . 00 SECURITY GUARANTEE PAYABLE 02 DEPOSIT REFUND FOR 4542 * * COMMENT * * 03 HARRISON - LOT 1119 * * COMMENT * * INVOICE TOTAL : 3 , 525 . 00 VENDOR TOTAL : 3 , 525 . 00 SAFESUPP SAFETY SUPPLY ILLINOIS 1166356 - 01 04 / 30 / 10 01 WATER OP -LANYARDS , RETRACTABLE 51 - 000 - 75 - 00 - 7004 05 / 25 / 10 299 . 97 SAFETY EQUIPMENT 02 WEB , NON-LAYTEX GLOVES , PLUGS , * * COMMENT *"* 03 EARPLUGS * * COMMENT * * INVOICE TOTAL : 299 . 97 1166356 - 02 04 / 30 / 10 01 WATER OP -LANYARDS , LEG HARNESS 51 - 000 - 75 - 00 - 7004 05 /25/ 10 430 . 00 SAFETY EQUIPMENT INVOICE TOTAL : 430 . 00 VENDOR TOTAL : 729 . 97 DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 20 TIME : 12 : 28 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT SENIOR SENIOR SERVICES ASSOC . 051110 05 / 11 / 10 01 ADMIN- FY 09/ 10 MEAL PROGRAM 01 - 110 - 64 - 00 - 5612 05/25/ 10 5 , 000 . 00 SENIOR SERVICE FUNDING 02 REIMBURSEMENT * * COMMENT * * INVOICE TOTAL : 5 , 000 . 00 VENDOR TOTAL : 5 , 000 . 00 SERVMASC SERVICEMASTER COMM . CLEANING 149791 04 / 15 / 10 01 ADMIN-MONTHLY OFFICE CLEANING 01 - 110 - 62 - 00 - 5406 05 /25/ 10 1 , 188 . 00 OFFICE CLEANING INVOICE TOTAL : 1 , 188 . 00 VENDOR TOTAL : 1 , 188 . 00 SHELL SHELL OIL CO . 065159923005 - PW 05/ 06 / 10 01 STREETS - GASOLINE 01 - 410 - 65 - 00 - 5812 05 /25 / 10 1 , 113 . 84 GASOLINE 02 WATER OP- GASOLINE 51 - 000 - 65 - 00 - 5812 1 , 113 . 84 GASOLINE 03 SEWER OP- GASOLINE 52 - 000 - 65 - 00 - 5812 1 , 113 . 84 GASOLINE INVOICE TOTAL : 3 , 341 . 52 065252843005 - PW 05 / 06 / 10 01 STREETS - GASOLINE 01 - 410 - 65 - 00 - 5812 05 / 25 / 10 112 . 78 GASOLINE 02 WATER OP- GASOLINE 51 - 000 - 65 - 00 - 5812 112 . 78 GASOLINE 03 SEWER OP -GASOILINE 52 - 000 - 65 - 00 - 5812 112 . 79 GASOLINE INVOICE TOTAL : 338 . 35 VENDOR TOTAL : 3 , 679 . 87 STERLING STERLING CODIFIERS , INC . 10264 03 / 31 / 10 01 ADMIN- SUPPLEMENT #24 01 - 110 - 61 - 00 - 5311 05 /25 / 10 2 , 759 . 00 CODIFICATION INVOICE TOTAL : 2 , 759 . 00 VENDOR TOTAL : 2 , 759 . 00 DATE : 05/ 19/ 10 UNITED CITY OF YORKVILLE PAGE : 21 TIME : 12 : 28 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05/ 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT STREICH STREICHERS I733026 04 / 26 / 10 01 POLICE- 2 VESTS 01 - 210 - 62 - 00 - 5422 00304436 05 / 25 / 10 1 , 315 . 00 COPS GRANT IV - VESTS INVOICE TOTAL : 1 , 315 . 00 VENDOR TOTAL : 1 , 315 . 00 SUBURBAN SUBURBAN CHICAGO NEWSPAPERS AD 043010 04 /30 / 10 01 ADMIN- SUBSCRIPTION RENEWAL 01 - 110 - 65 - 00 - 5810 05 /25 / 10 149 . 61 PUBLISHING & ADVERTISING INVOICE TOTAL : 149 . 61 VENDOR TOTAL : 149 . 61 TAPCO TAPCO 340212 04 /28 / 10 01 MFT- SIGN 15 - 000 - 75 - 00 - 7007 05 / 25 / 10 33 . 90 SIGNS INVOICE TOTAL : 33 . 90 VENDOR TOTAL : 33 . 90 TPI TPI BUILDING CODE CONSULTANTS 4519 04 / 30 / 10 01 ADMIN- 11 ROUGH INSPECTIONS , 8 01 - 110 - 61 - 00 - 5314 05 / 25 / 10 1 , 350 . 00 BUILDING INSPECTIONS 02 UNDERGROUND INSPECTIONS , 11 * * COMMENT * * 03 FINAL INSPECTIONS * * COMMENT * * INVOICE TOTAL : 1 , 350 . 00 VENDOR TOTAL : 1 , 350 . 00 UPS UNITED PARCEL SERVICE 00004296X2180 05 / 01 / 10 01 ADMIN- 1 PKG TO KFO 01 - 110 - 65 - 00 - 5808 05 / 25 / 10 40 . 12 POSTAGE & SHIPPING INVOICE TOTAL : 40 . 12 00004296X2190 - 0910 05 / 08 / 10 01 ADMIN- 1 PKG . TO KFO , 1 PKG . TO 01 - 110 - 65 - 00 - 5808 05/ 25/ 10 97 . 86 POSTAGE & SHIPPING - 9i - DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 22 TIME : 12 : 28 : 31 DETAIL BOARD REPORT ID : AP441000 . W0W INVOICES DUE ON/BEFORE 05 / 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT UPS UNITED PARCEL SERVICE 00004296X2190 - 0910 05/ 08 / 10 02 BANK OF AMERICA, 1 PKG . TO US * * COMMENT * * 05 /25 / 10 03 BANK * * COMMENT * * INVOICE TOTAL : 97 . 86 VENDOR TOTAL : 137 . 98 VEOLIA VEOLIA ES SOLID WASTE MIDWEST T0S45337 04 /25 / 10 01 HEALTH' & SANITATION-APRIL 01 - 540 - 62 - 00 - 5442 05 / 25 / 10 95 , 667 . 72 GARBAGE SERVICES 02 SERVICE * * COMMENT * * INVOICE TOTAL : 95 , 667 . 72 VENDOR TOTAL : 95 , 667 . 72 VISA VISA - 050210 - PD 05 / 02 / 10 01 POLICE - ILLINOIS ASSOCIATION OF 01 - 210 - 64 - 00 - 5600 05 /25 / 10 485 . 00 DUES 02 CHIEFS OF POLICE MEMBERSHIP * * COMMENT * * _ 03 DUES * * COMMENT * * INVOICE TOTAL : 485 . 00 051110 04 / 30 / 10 01 FINANCE-WEB HOSTING FEE 01 - 120 - 75 - 00 - 7002 05 /25 / 10 29 - 97 COMPUTER EQUIP & SOFTWARE 02 FINANCE - 10 CANS OF AIR DUSTER - 01 - 120 - 75 - 00 - 7002 61 . 72 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL : 91 . 69 VENDOR TOTAL : 576 . 69 WILDATRY WILDMAN , HARROLD , ALLEN & 423144 04 / 30 / 10 01 ADMIN-LOCAL SITING ENGAGMENT 01 - 110 - 61 - 00 - 5300 05/ 25 / 10 5 , 000 . 00 LEGAL SERVICES INVOICE TOTAL : 5 , 000 . 00 VENDOR TOTAL : 5 , 000 . 00 DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 23 TIME : 12 : 28 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT WILLRYAN WILLIAM RYAN HOMES - CHICAGO S . LOT72 04 /30 / 10 01 ADMIN- REFUND UNUSED SECURITY 01 - 000 - 21 - 00 - 2115 05/25/ 10 1 , 200 . 00 SECURITY GUARANTEE PAYABLE 02 GUARANTEE FOR 322 TWINLEAF - * * COMMENT * * 03 LOT 72 * * COMMENT * * INVOICE TOTAL : 1 , 200 . 00 VENDOR TOTAL : 1 , 200 . 00 YBSD YORKVILLE BRISTOL 0551 - 007873304 04 /30 / 10 01 WATER OP -APRIL FEES 51 - 000 - 62 - 00 - 5407 05 / 25 / 10 5 , 134 . 65 TREATMENT FACILITIES 0&M INVOICE TOTAL : 5 , 134 . 65 VENDOR TOTAL : 5 , 134 . 65 YORKLIBR YORKVILLE PUBLIC LIBRARY 043010 - DEVELOP 05/ 05 / 10 01 TRUST & AGENCY-DEVELOPMENT 95 - 000 - 78 - 00 - 9009 05 /25/ 10 4 , 250 . 00 LIBRARY DEV FEE PAYMENTS 02 FEES FOR FEBRUARY , MARCH & * * COMMENT * * 03 APRIL 2010 * * COMMENT * * INVOICE TOTAL : 4 , 250 . 00 VENDOR TOTAL : 4 , 250 . 00 YORKNAPA YORKVILLE NAPA AUTO PARTS 915002 04 / 05 / 10 01 POLICE- HALOGEN CAPSULE 01 - 210 - 62 - 00 - 5409 05 / 25 / 10 7 . 41 MAINTENANCE - VEHICLES INVOICE TOTAL : 7 . 41 915428 04 / 07 / 10 01 SEWER OP - OIL FILTER 52 - 000 - 62 - 00 - 5422 05 /25 / 10 15 . 12 LIFT STATION MAINTENANCE INVOICE TOTAL : 15 . 12 915540 04 / 08 / 10 01 SEWER OP- OIL FILTER 52 - 000 - 62 - 00 - 5422 05 / 25 / 10 4 . 66 LIFT STATION MAINTENANCE INVOICE TOTAL : 4 . 66 - 23 - DATE : 05119110 UNITED CITY OF YORKVILLE PAGE : 24 TIME : 12 : 28 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /25 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT YORKNAPA YORKVILLE NAPA AUTO PARTS 916682 04 / 16 / 10 01 STREETS - FUSE 01 - 410 - 62 - 00 - 5408 05 / 25 / 10 2 . 84 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 2 - 84 918343 04 / 29 / 10 01 STREETS - TYGON TUBING , CLEANER 01 - 410 - 62 - 00 - 5408 05 /25 / 10 16 . 57 MAINTENANCE - EQUIPMENT 02 PUMICE * * COMMENT * * INVOICE TOTAL : 16 . 57 VENDOR TOTAL : 46 - 60 YORKPOST YORKVILLE POSTMASTER 051110 05 / 11 / 10 01 WATER OP- POSTAGE FOR THE 51 - 000 - 65 - 00 - 5808 05/ 25 / 10 300 - 00 POSTAGE & SHIPPING 02 04 / 30 / 10 PENALTY BILLS * * COMMENT * * INVOICE TOTAL : 300 - 00 VENDOR TOTAL : 300 - 00 YORKPR YORKVILLE PARK & RECREATION 043010 - DEVELOP 05/ 05 / 10 01 TRUST & AGENCY- DEVELOPMENT 95 - 000 - 78 - 00 - 9012 05 /25 / 10 350 - 00 PARKS/REC CAPITAL PAYMENTS 02 FEES FOR FEBRUARY , MARCH & * * COMMENT * * 03 APRIL 2010 * * COMMENT * * INVOICE TOTAL : 350 . 00 VENDOR TOTAL : 350 . 00 YORKSCHO YORKVILLE SCHOOL DIST 4115 043010 - LC 05 / 05 / 10 01 TRUST & AGENCY -LANDCASH FOR 95 - 000 - 78 - 00 - 9011 05 /25 / 10 7 , 430 . 64 SCHOOL LAND CASH PMTS 02 FEBRUARY , MARCH & APRIL 2010 * * COMMENT * * INVOICE TOTAL : 7 , 430 . 64 VENDOR TOTAL : 7 , 430 . 64 _ 9n _ DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 25 TIME : 12 : 28 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT YOUNGM MARLYS J . YOUNG 040710 05 / 03 / 10 01 ADMIN-APRIL 7 MEETING MINUTES 01 - 110 - 62 - 00 - 5401 05 / 25 / 10 60 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 60 . 00 VENDOR TOTAL : 60 . 00 TOTAL ALL INVOICES : 252 , 248 . 74 DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 12 : 30 : 35 DETAIL BOARD REPORT FISCAL YEAR 10/ 11 ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ALSCAR AL ' S CAR CARE LLC 5075 05 / 04 / 10 01 POLICE- EVAC AND RECHARGE 01 - 210 - 62 - 00 - 5409 05 /25 / 10 180 . 01 MAINTENANCE - VEHICLES 02 SYSTEM , ADDED SYSTEM SEALER * * COMMENT * * INVOICE TOTAL : 180 . 01 VENDOR TOTAL : 180 . 01 APA AMERICAN PLANNING ASSOCIATION 239547 - 091101 04 / 19/ 10 01 COMM/DEV-THE COMMISSION 01 - 220 - 64 - 00 - 5600 05 /25 / 10 50 . 00 DUES 02 NEWSLETTER * * COMMENT * * INVOICE TOTAL : 50 . 00 VENDOR TOTAL : 50 . 00 ARAMARK ARAMARK UNIFORM SERVICES 610 - 6806685 05 / 04 / 10 01 STREETS - UNIFORMS 01 - 410 - 62 - 00 - 5421 05 /25/ 10 28 . 18 WEARING APPAREL 02 WATER OP -UNIFORMS 51 - 000 - 62 - 00 - 5421 28 . 19 WEARING APPAREL 03 SEWER OP -UNIFORMS 52 - 000 - 62 - 00 - 5421 28 . 19 WEARING APPAREL INVOICE TOTAL : 84 . 56 610 - 6811639 05 / 11 / 10 01 STREETS - UNIFORMS 01 - 410 - 62 - 00 - 5421 05 /25 / 10 37 . 43 WEARING APPAREL 02 WATER OP -UNIFORMS 51 - 000 - 62 - 00 - 5421 37 . 42 WEARING APPAREL 03 SEWER OP- UNIFORMS 52 - 000 - 62 - 00 - 5421 37 . 43 WEARING APPAREL INVOICE TOTAL : 112 . 28 VENDOR TOTAL : 196 . 84 ASLA AMERICAN SOCIETY OF LANDSCAPE - �8 - DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 2 TIME : 12 : 30 : 35 DETAIL BOARD REPORT ID : AP441000 - WOW INVOICES DUE ON/BEFORE 05/ 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ASIA AMERICAN SOCIETY OF LANDSCAPE 041310 04 / 13 / 10 01 COMM/DEV- JULY 2010 - JUNE 2011 01 - 220 - 64 - 00 - 5600 05/ 25 / 10 413 . 00 DUES 02 MEMBERSHIP DUES * * COMMENT * * INVOICE TOTAL : 413 . 00 VENDOR TOTAL : 413 . 00 ASOCTECH ASSOCIATED TECHNICAL SERVICES 20084 05 / 06 / 10 01 WATER OP-EMERGENCY CALL OUT TO 51 - 000 - 65 - 00 - 5804 05/25 / 10 736 . 50 OPERATING SUPPLIES 02 INVESTIGATE WATER MAIN BREAK * * COMMENT * * 03 AT RT47 & RT126 * * COMMENT * * INVOICE TOTAL : 736 . 50 VENDOR TOTAL : 736 . 50 BCBS BLUE CROSS BLUE SHIELD 042910 04 /29 / 10 01 FINANCE -MAY HEALTH INSURANCE 01 - 120 - 50 - 00 - 5203 05 / 25 / 10 94 , 610 . 46 BENEFITS - HEALTH INSURANCE 02 FINANCE -MAY DENTAL INSURANCE 01 - 120 - 50 - 00 - 5205 7 , 624 . 99 BENEFITS - DENTAL/ VISION A INVOICE TOTAL : 102 , 235 . 45 VENDOR TOTAL : 102 , 235 . 45 BNYMGLOB THE BANK OF NEW YORK MELLON YORKVILL2022 - 041610 04 / 16/ 10 01 WATER OP- INTEREST PAYMENT 51 - 200 - 66 - 00 - 6007 05/ 25 / 10 16 , 575 . 00 RADIUM COMPLIANCE BOND INVOICE TOTAL : 16 , 575 . 00 YORKVILLE04B- 041610 04 / 16 / 10 01 SEWER OP - INTEREST PAYMENT 52 - 200 - 66 - 00 - 6008 05 / 25 / 10 51 , 650 . 00 2004B PRINCIPAL PMT - CNTRYS INVOICE TOTAL : 51 , 650 . 00 YORKVILLE04C- 041610 04 / 16 / 10 01 DEBT SERVICE - INTEREST PAYMENT 42 - 000 - 66 - 00 - 6071 05 / 25/ 10 6 , 412 . 50 $ 650K ROAD IMPROV PROG PRI INVOICE TOTAL : 6 , 412 . 50 VENDOR TOTAL : 74 , 637 . 50 _ 97_ DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 3 TIME : 12 : 30 : 35 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT CARGILL CARGILL , INC 2818825 05/ 06/ 10 01 WATER OP - HULK SALT 51 - 000 - 62 - 00 - 5407 00204665 05 / 25 / 10 2 , 570 . 83 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 570 . 83 VENDOR TOTAL : 2 , 570 . 83 DEPO . DEPO COURT REPORTING SVC , INC 14478 05 / 10 / 10 01 POLICE - MAY 5 ADMIN HEARING 01 - 210 - 62 - 00 - 5443 05/25 / 10 175 . 00 ADMIN ADJUDICATION CONTRAC INVOICE TOTAL : 175 . 00 VENDOR TOTAL : 175 . 00 DOORS DOORS BY RUSS , INC . 401566 05 / 05/ 10 01 STREETS -LOGIC 3 CONTROL BOARD , 01 - 410 - 62 - 00 - 5416 05 /25/ 10 150 . 00 MAINTENANCE PROPERTY 02 RELAY * * COMMENT INVOICE TOTAL : 150 . 00 9300 05/ 12 / 10 01 STREETS - CONTROL BOARD , RELAY 01 - 410 - 65 - 00 - 5804 05 /25/ 10 150 . 00 OPERATING SUPPLIES INVOICE TOTAL : 150 . 00 VENDOR TOTAL : 300 . 00 DUTEK DU- TEK , INC . 452735 05 / 07 / 10 01 SEWER OP-HOSE ASSEMBLY 52 - 000 - 62 - 00 - 5408 05/ 25/ 10 123 . 89 MAINTENANCE- EQUIPMENT INVOICE TOTAL : 123 . 89 VENDOR TOTAL : 123 . 89 FLATSOS RAQUEL HERRERA 050410 05 / 04 / 10 01 POLICE - TIRES 01 - 210 - 62 - 00 - 5409 05 /25/ 10 450 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 450 . 00 - 2R - DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 4 TIME : 12 : 30 : 35 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE #. DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT FLATSOS RAQUEL HERRERA 050510 05/ 05 / 10 01 POLICE - FLAT REPAIR , NEW WHEEL 01 - 210 - 62 - 00 - 5409 05 / 25 / 10 465 . 00 MAINTENANCE - VEHICLES 02 COVER * * COMMENT * * INVOICE TOTAL : 465 . 00 VENDOR TOTAL : 915 . 00 HDSUPPLY HD SUPPLY WATERWORKS , LTD . 1326332 05 / 06/ 10 01 WATER OP - 3 - STRAND 22 GUAGE 51 - 000 - 75 - 00 - 7508 05 /25 / 10 80 . 59 METERS & PARTS 02 WIRE * * COMMENT * * INVOICE TOTAL : 80 . 59 VENDOR TOTAL : 80 . 59 ILEAS ILLINOIS LAW ENFORCEMENT DUES219 04 / 01/ 10 01 POLICE - ILEAS 2010 ANNUAL 01 - 210 - 64 - 00 - 5600 05 / 25/ 10 50 . 00 DUES 02 MEMBERSHIP DUES * * COMMENT * * INVOICE TOTAL : 50 . 00 VENDOR TOTAL : 50 . 00 ILPSAN ILLINOIS PUBLIC SAFETY AGENCY 032137 05/ 01 / 10 01 POLICE-ALERTS FOR 07 / 01/ 10 - 01 - 210 - 62 - 00 - 5441 00304439 05 / 25 / 10 3 , 330 . 00 MTD -ALERTS FEE 02 12 / 31/ 10 * * COMMENT * * INVOICE TOTAL : 3 , 330 . 00 VENDOR TOTAL : 3 , 330 . 00 ILTRUCK ILLINOIS TRUCK MAINTENANCE , IN 024962 05 / 10 / 10 01 STREETS -AIR CONDITIONER REPAIR 01 - 410 - 62 - 00 - 5409 00204163 05 /25 / 10 475 . 42 MAINTENANCE- VEHICLES INVOICE TOTAL : 475 . 42 VENDOR TOTAL : 475 . 42 _ 7q_ DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 5 TIME : 12 : 30 : 35 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 /25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT KCACP KENDALL COUNTY ASSOCIATION 050510 05 / 05 /10 01 POLICE -YEARLY MOBILE COMMAND 01 - 210 - 64 - 00 - 5611 05/ 25 / 10 500 . 00 SRT FEE 02 CENTER INSTALLMENT * * COMMENT * * INVOICE TOTAL : 500 . 00 050510SRT 05 / 05 / 10 01 POLICE- SRT 2010 FEES 01 - 210 - 64 - 00 - 5611 00304438 05 /25 / 10 2 , 000 . 00 SRT FEE INVOICE TOTAL : 2 , 000 . 00 051210 05/ 05 / 10 01 POLICE-MAJOR CRIMES TASK FORCE 01 - 210 - 64 - 00 - 5611 00304437 05/25 / 10 1 , 000 . 00 SRT FEE 02 2010 DUES * * COMMENT * * INVOICE TOTAL : 1 , 000 . 00 VENDOR TOTAL : 31500 . 00 KENPRINT ANNETTE M . POWELL 17698 05/ 07 / 10 01 COMM/DEV-BUSINESS CARDS FOR 2 01 - 220 - 65 - 00 - 5804 05 / 25 / 10 58 . 00 OPERATING SUPPLIES 02 PEOPLE * * COMMENT * * 03 ADMIN- BUSINESS CARDS FOR 1 01 - 110 - 65 - 00 - 5804 29 . 00 OPERATING SUPPLIES 04 ALDERMAN * * COMMENT * * INVOICE TOTAL : 87 . 00 17704 05/11 / 10 01 FINANCE - 500 PAYROLL CHECKS 01 - 120 - 65 - 00 - 5804 05 /25 / 10 100 . 10 OPERATING SUPPLIES INVOICE TOTAL : 100 . 10 VENDOR TOTAL : 187 . 10 MJELECT MJ ELECTRICAL SUPPLY , INC . 1115445 - 00 05/ 04 / 10 01 STREETS - SPLICE KITS , BULBS , 01 - 410 - 62 - 00 - 5415 05/ 25/ 10 192 . 00 MAINTENANCE - STREET LIGHTS zn DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 6 TIME : 12 : 30 : 35 DETAIL BOARD REPORT ID : AP441000 . W0W INVOICES DUE ON/BEFORE 05 / 25 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MJELECT MJ ELECTRICAL SUPPLY , INC . 1115445 - 00 05/ 04 / 10 02 PHOTO CONTROL , BALLAST KIT * COMMENT * * 05/ 25 / 10 INVOICE TOTAL : 192 . 00 VENDOR TOTAL : 192 . 00 NEMRT NORTH EAST MULTI -REGIONAL 131916 04 / 01 / 10 01 POLICE -ANNUAL MEMBERSHIP 01 - 210 - 64 - 00 - 5604 00304434 05 / 25 / 10 2 , 340 . 00 TRAINING & CONFERENCE INVOICE TOTAL : 2 , 340 . 00 VENDOR TOTAL : 2 , 340 . 00 OFFWORK OFFICE WORKS 172926 05 / 03 / 10 01 ENG- HIGHLIGHTERS 01 - 150 - 65 - 00 - 5802 05 /25 / 10 3 . 15 OFFICE SUPPLIES 02 COMM/DEV-HIGHLIGHTERS , FOLDERS 01 - 220 - 65 - 00 - 5802 53 . 11 OFFICE SUPPLIES 03 CALCULATORS * * COMMENT * * INVOICE TOTAL : 56 . 26 VENDOR TOTAL : 56 . 26 QUILL QUILL CORPORATION . 5251786 05 / 04 / 10 01 POLICE - 4 COLOR INK CARTRIDGES 01 - 210 - 65 - 00 - 5802 05 /25/ 10 437 . 36 OFFICE SUPPLIES INVOICE TOTAL : 437 . 36 5253222 05/ 04 / 10 01 ADMIN- ENVELOPES , REPLACEMENT 01 - 110 - 65 - 00 - 5802 05 / 25 / 10 48 . 10 OFFICE SUPPLIES 02 PEN , INKJET BUSINESS CARDS * * COMMENT * * INVOICE TOTAL : 48 . 10 VENDOR TOTAL : 485 . 46 R0000594 BRIAN BETZWISER a� DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 7 TIME : 12 : 30 : 36 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT R0000594 BRIAN BETZWISER 060110 05 / 15 / 10 01 PW CAPITAL- JUNE PAYMENT 21 - 000 - 75 - 00 - 7110 05 /25 / 10 6 , 857 . 92 PW BUILDING PAYMENT INVOICE TOTAL : 6 , 857 . 92 VENDOR TOTAL : 6 , 857 . 92 R0000770 KEITH WILLARD 050410 05 / 04 / 10 01 STREETS - SIDEWALK REPLACEMENT 01 - 410 - 75 - 00 - 7103 05 / 25 / 10 246 . 00 SIDEWALK CONSTRUCTION 02 REIMBURSEMENT * * COMMENT * * INVOICE TOTAL : 246 . 00 VENDOR TOTAL : 246 . 00 R0000771 APRIL HIX LOT127 05/ 10 / 10 01 ADMIN- REFUND OF UNUSED 01 - 000 - 21 - 00 - 2115 05 / 25 / 10 450 . 00 SECURITY GUARANTEE PAYABLE 02 SECURITY GUARANTEE FOR 1152 * * COMMENT * * 03 TAUS CIRCLE - LOT 127 * * COMMENT * * INVOICE TOTAL : 450 . 00 VENDOR TOTAL : 450 . 00 SEESINC S . E . E . S . INC . 657135 05 / 03 / 10 01 COMM/DEV- DOOR KEY , FLAPPER 01 - 220 - 65 - 00 - 5804 05/ 25 / 10 77 . 94 OPERATING SUPPLIES - 02 WITH PLASTIC HANDLE * * COMMENT * * INVOICE TOTAL : 77 . 94 VENDOR TOTAL : 77 . 94 SHREDIT SHRED - IT 021354345 05 / 04 / 10 01 ADMIN- SHREDDING 01 - 110 - 62 - 00 - 5401 05 /25/ 10 136 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 136 . 00 VENDOR TOTAL : 136 . 00 DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 8 TIME : 12 : 30 : 36 DETAIL BOARD REPORT ID : AP441000 - WOW INVOICES DUE ON/BEFORE 05 / 25 / 2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O - # DUE DATE ITEM AMT STREICH STREICHERS I735597 05 / 04 / 10 01 POLICE-GLOVES 01 - 210 - 62 - 00 - 5421 05 / 25 / 10 35 . 98 WEARING APPAREL INVOICE TOTAL : 35 . 98 I736803 05/ 07 / 10 01 POLICE - GLOVE HOLDER 01 - 210 - 62 - 00 - 5421 05 /25/ 10 48 - 97 WEARING APPAREL INVOICE TOTAL : 48 . 97 VENDOR TOTAL : 84 . 95 TOFFY TUFFY AUTO SERVICE CENTER 16619 05/ 13 / 10 01 FINANCE - OIL CHANGE 01 - 150 - 62 - 00 - 5409 05/25 / 10 36 . 68 MAINTENANCE-VEHICLES INVOICE TOTAL : 36 . 68 VENDOR TOTAL : 36 . 68 UPS UNITED PARCEL SERVICE 00004296X2190 - 1011 05 / 08 / 10 01 WATER OP- 1 PKG - TO IEPA 51 - 000 - 65 - 00 - 5808 05 /25 / 10 29 . 64 POSTAGE & SHIPPING INVOICE TOTAL : 29 . 84 VENDOR TOTAL : 29 . 84 WHOLTIRE WHOLESALE TIRE 133364 05 / 06/ 10 01 POLICE - SPEED SENSOR 01 - 210 - 62 - 00 - 5409 '05 /25 / 10 194 . 60 MAINTENANCE - VEHICLES INVOICE TOTAL : 194 . 60 133403 05 / 10 / 10 01 POLICE - OIL CHANGE , BULB 01 - 210 - 62 - 00 - 5409 05 / 25 / 10 - 49 . 23 MAINTENANCE - VEHICLES 02 REPLACEMENT * * COMMENT * * INVOICE TOTAL : 49 . 23 VENDOR TOTAL : 243 . 83 -88- DATE : 05 / 19 / 10 UNITED CITY OF YORKVILLE PAGE : 9 TIME : 12 : 30 : 36 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 05 / 25 /2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT YORKPOST YORKVILLE POSTMASTER 051110WR 05 / 11 / 10 01 WATER OP- POSTAGE FOR WATER 51 - 000 - 65 - 00 - 5808 05 / 25 / 10 1 , 400 . 00 POSTAGE & SHIPPING 02 REPORTS * * COMMENT * * INVOICE TOTAL : 1 , 400 . 00 VENDOR TOTAL : 1 , 400 . 00 YORKPR YORKVILLE PARK & RECREATION 053110 - TRANSFER 05 / 17 / 10 01 FINANCE-MAY TRANSFER 01 - 120 - 99 - 00 - 9940 05 / 25 / 10 79 , 324 . 16 TRANSFER TO PARK & RECREAT INVOICE TOTAL : 79 , 324 . 16 VENDOR TOTAL : 79 , 324 . 16 TOTAL ALL INVOICES : 282 , 118 . 17 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 5/8/2010 REGULAR OVERTIME TOTAL IMRF S. SECURITY TOTALS ADMINISTRATION 71967.82 0.00 71967.82 727.47 554.49 91249.78 FINANCE 91007.74 0.00 9 ,007.74 822.41 667.69 10,497.84 COMMUNITY REL. 2,500.00 0.00 21500.00 228 .25 147. 15 21875.40 ENGINEERING 10,366. 12 0.00 10,366 . 12 946.42 761 .92 12,074.46 POLICE 103,821 .81 31779. 14 107,600.95 739.46 75960.03 116,300.44 COMMUNITY DEV. 91772.71 0 .00 91772.71 765.33 701 .42 11 ,239.46 STREETS 11521 .50 352 .30 11 ,873.80 17084.08 884.20 137842.08 WATER 13,396.05 83.28 13,479.33 17230 .66 981 .26 15,691 .25 SEWER 95072.68 0. 00 9,072.68 828 .33 659 .04 10,560.05 PARKS 137782.21 88 .37 137870.58 17266.39 11023.37 16, 160.34 RECREATION 14,581 .45 0.00 147581 .45 11165.84 13094.30 16,841 .59 REC. CENTER 81660.07 0.00 81660.07 445.82 656.65 97762.54 LIBRARY 19,274. 15 0.00 19,274. 15 816 .35 1 ,449 .20 21 ,539 .70 TOTALS 233,724.31 1 4,303.09 2383027.40 113066.81 17,540.72 266,634.93 TOTAL PAYROLL 5/812010 266 ,634. 93 TOTAL DISBURSEMENTS 266,634.93 -35 - UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 4/30/10 PAID ON 5/21 /10 SOCIAL REGULAR IMRF SECURITY TOTALS MAYOR & LIQUOR COM. 943. 33 0.00 60.92 1 , 004.25 CLERK 741 .67 67.71 56 .73 866 . 11 TREASURER 535. 00 48.85 40 . 93 624.78 ALDERMAN 41245. 00 241 .05 280 .71 41766 . 76 TOTALS 61465 . 00 357.61 439.29 73261 . 90 TOTAL PAYROLL 5/21 /2010 71261 . 90 TOTAL DISBURSEMENTS 73261 . 90 - 36 - UNITED CITY OF YORVILL SUMMARY SHEET 5/25/2010 TOTAL PAYROLL FOR ELECTED OFFICIALS 4/30/2010 $7 , 261 . 90 TOTAL PAYROLL 518/2010 $266, 634 . 93 TOTAL FY 09/10 INVOICES 5/2512010 $252 , 248 . 74 TOTAL FY 10/11 INVOICES 5/25/2010 $2823118 . 17 TOTAL DISBURSEMENTS $808 , 263.74 -37 - Reviewed By: Agenda Item Number O` �n Legal ❑ t�V ,Y Esr rase Finance ❑ Engineer ❑ g Tracking Number 0� -�� (/j City Administrator F1 a 0 Consultant ❑❑ CY (7 O L <LE Agenda Item Summary Memo Title: Appointment to Plan Commission — Jane Winninger Meeting and Date: City Council 5/25/10 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number : Type of Vote Required: Council Action Requested: Submitted by: Mayor Burd Name Department Agenda Item Notes: Date Received initials United City of Yorkville Commission & Committee Application To be considered for a commission or committee , please complete this application and return to the Deputy Clerk at: United City of Yorkville * 800 Game Farm Road * Yorkville, Illinois 60560 630 1553-4350 * fax: 630/553-7575 Name Jane Winninger Address Phone: Home _ _ Work Fax Please indicate the Commission/Committee(s) that you would like to participate on : [ ] Fagade Program Committee Plan Commission [ ] Fire and Police Commission [ ] Park Board [ ] Human Resources Commission [ X] Zoning Board of Appeals [ ] Library Board [ ] Yorkville Green Committee 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. I believe that my experience as a full time realtor handling both residential and commercial properties in numerous towns has given me the knowledge in proper zoning. I have had hands on experience with builders and developers. I have also helped clients through the rezoning process. 2 . Why do you want to serve on a Commission/Committee for the United City of Yorkville? I feel as if my knowledge can be of benefit to the city and its future. 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. eu:Y; xY * kik4'k.#**#'kTk'+a'*4%#i-ktiYY.'*v**Y khY'R'k Fi'Y"k"A *Y'eel'YY4YY##4.*'k*t*Tt4%%W#'w%%'W'kJ*iM4'kiJF**+'FtY4Y'#kY4***k M"Y'kxY#z"t Y'*X'YY3 1 understand that as pad of the process of being considered, it is the city's policy to perform a cursory background investigation on anyone being considered for appointment to one of the commissions or committees. O'D clp Reviewed By: Agenda Item Number 2 O if J 00 Legal ❑ CY EST - ; Finance F1 1836 Engineer El l Tracking Number 0 41 City Administrator ❑ <.`20 Consultant ❑ _ I Agenda Item Summary Memo Title: Appointment to Human Resources Commission — Judith Burks Meeting and Date: City Council 5/25/10 Synopsis : Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Burd Name Department Agenda Item Notes: CC'. `.�lrchC Date Received 6//0/10 ienitials United City of Yorkviiie Commission & Committee Appftatien To be considered for a commission or committee, please complete this application and return to the Deputy Clerk at: United City of Yorkville * 800 Game Farm Road * Yorkville, Illinois 60560 ' 630 / 553-4350 * fax: 630/553-7575 Name :\ AsA '4 LA cd � � Address Phone: Home Work Fax Please indicate the Commission/Committee(s) that you would like to participate on: [ ] Fagade Program Committee [ ] Plan Commission [ ] Fire and Police Commission [ ] Park Board Human Resources Commission [ ] Zoning Board of Appeals [ ] Library Board [ ] Yorkville Green Committee 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. Id 2. Why do you want to serve on a Commission/Committee for the United City of Yorkville? Thank you for your interest in being apart of the development of the United City of Yor°ls0le! 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 part of the process of being considered, it is the City's policy to perform a cursory background investigation on anyone being considered for appointment to one of the commissions or committees. SignaturraWf Applicant Date C/Ty Reviewed By: Agenda Item Number T Legal ❑ C7 :�{ 2 Esr. Z leas Finance El Y Engineer ❑ Tracking Number 0 [W City Administrator ❑ Asa• O El Consultant A , a �,2 ❑ L.C. do1c) - - LAS 4E �v Agenda Item Summary Memo Title: Appointment to Library Board — Reginald D. Brookins Meeting and Date: City Council 5/25/10 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Bard Name Department Agenda Item Notes: Date Received Initials United City of Yorkville Commission & Committee Application To be considered for a commission or committee, please complete this application and return to the Deputy Clerk at: United City of Yorkville * 800 Game Farm Road " Yorkville, Illinois 60560 630 / 553-4350 * fax: 630/553-7575 Name Reginald D. Brookins Address Phone: Home Work Fax Please indicate the Commission/Committee(s) that you would like to participate on: [ ) Facade Program Committee [ ] Plan Commission [ ] Fire and Police Commission [ ] Park Board [ ] Human Resources Commission [ ] Zoning Board of Appeals [ X] Library Board [ ) Yorkville Green Committee 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. I am a Certified Network Engineer and Systems Administrator with over 7 years of experience. I have lived in Yorkville for 4112 years. My oldest daughter, Stephanie Brookins is a graduate Yorkville High school, now attending University of Illinois at Chicago as a Chemical Engineer and Midshipman in the USNROTC. My judgment, ability to express clearly, complex Ideas and my willingness to assist my community in government are my credentials. 2. Why do you want to serve on a Commission/Committee for the United City of Yorkville? 1 would like to serve as a committee member so that I can assist my fellow residents Yorkville. Thank you for your interest in being a part of the development of the United City of Yorkville! `�t�D Cl py Reviewed By: ry Agenda Item Number AZO ®,n Legal ❑ MT. -- . lass Finance F1 Engineer ❑ Tracking Number ® City Administrator 9 Ii h O Consultant ❑ n City Council Agenda Item Summary Memo Title: River Oaks Property Development, LLC City Council/Committee Agenda Meeting Date: City Council/ May 25, 2010 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 2/22/2005 Action Taken: Ord. Authorizing Development Agreement Item Number: f;1', dp©Ll-3 Type of Vote Required: Council Action Requested: Discussion and Direction. Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached memo, background documents and ordinance. Memorandum EST. 7836 TO: City C011l1C11 From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator 9 p Date: May 21 , 2010 CLE . \VV Subject: River Oaks Property Development, LLC The Developer, River Oaks Property Development, LLC is seeking re-affirmation from the City Council of an ordinance approving a Development Agreement for a property in Downtown Yorkville that was inadvertently not executed with the signature by the developer or recorded with the Kendall County Recorder of Deeds. Background In February 2005, River Oaks Property Development, LLC received City Council approval for a Development Agreement which allowed for the rezoning and future redevelopment of an approximately 3.473 acre parcel in the City' s Downtown (Ord. 2005-16). The property, which is generally located on the south side of Van Emrnon Road and across the street from the baseball field (see attached map), was permitted to rezone from R- 1 One Family Residence District to B-2 General Business District and allowed for the property to be developed as office with specialty real estate and potential loft apartments. A copy of the ordinance authorizing the Development Agreement, the Development Agreement and all referenced exhibits are attached for your review. The Development Agreement stipulated special provisions with regards to the redevelopment of the property such specific zoning restrictions, building height maximum and the requirement for the developer to obtain a cross access agreement over the driveway to an adjoining property to ensure there will be a single point of access from Van Emmon Road. A five (5) year lock of all City ordinances, regulations and codes was also approved effective on the date of execution of the Development Agreement. Although the Development Agreement is not dated, the ordinance approval is dated February 22, 2005, therefore rendering the ordinance and fee locks expired as of February 2010. Upon approval of the ordinance authorizing the Development Agreement by the City Council, the Developer inadvertently did not sign the document to fully execute the agreement. Since that time, the property has remained undeveloped and identified on the City' s zoning map as R- 1 One Family Residence District. Staff Analysis & Comments After consulting with the City Attorney, it was confirmed that since the Development Agreement was not executed, it is considered null . Staff has reviewed the proposed development and rezoning with the applicable technical land use documents such as the Downtown Yorkville Tax Increment Financing (TIF) Redevelopment Project and Plan (2006) and City' s Comprehensive Plan (2008). The TIF Redevelopment Plan designates the area which includes the property as a "Mixed Use District" for residential, commercial, public, institutional, open space and recreational uses which is consistent with the uses permitted for the property in the Development Agreement. Therefore, staff finds the Development Agreement generally consistent with the goals expressed in the TIF redevelopment Plan. The Comprehensive Plan identifies the property as Suburban Neighborhood, a land use with a typical gross density of 1 .50 and 2.25 dwelling units per acre. However, the Comprehensive Plan does acknowledge that certain proposals maybe deemed more beneficial to the City with a land use contrary to its designation within the Plan and therefore, should be reconsidered. Staff is seeking direction from the City Council regarding this matter since the original approval of the Development Agreement predates the Comprehensive Plan (and the existence of this Development Agreement might have not been know at the time of approval), and the developer had a vested interest in the property based upon the approved Development Agreement. The Council may consider re-affirming the Development Agreement as is or require the Developer to restart the review and approval process as a new entitlement request. f E-ParlrS 1 F-"arle-Av. edwoed d W Somona 1 S Somonauk-Sty. C O E m � r m + m Q Lf U c � E' rater-St rp f gehrena-sty, MairrSt E IWaih 5 O C r Quirts, ' W"Riwer5 � •� �—�—'p l j �.._.. GaSn�� y { $uir+gelr r i s Nytdrautic K�ll inois I�W/WiRy-/� } I W-Va Emmon-S y� EVan-ErnmorrSt r w ! W Ri Van-EMMO' �d $e-SI t E-Rfdge-Sty 'P 2 m ° Fox-S e' { daM Fox gt fr y �,as�iCt wahltra,O1,s i River Oaks E-Wa hingto _C '0 1 E-Grange.5 1 I °walk-6 1 teen Sty odak�t— —'•I Walter-St 1 rya o 126 r—.._..� ho 001eniat-P 0$P� Al �� r �oA •�• The Date is provided without warranty or any representailon of D r '�• I accuracy,timeliness,or completeness.M is the responsibility of the 'Requester"to determine accuracyr timeliness,completeness,and m r • I appropriateness of Hs use.The United City of Yorkville makes no 9eave t •� warranties,expressed or implied,to the use of the Data. �`• �`• -Map produced by United City of Yorkville G!3 River Oaks o Sao 1.000 2.000 N W-V Location Map Feel STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- _L�a AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT FOR RIVER OAKS PROPERTY DEVELOPMENT, LLC WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Development Agreement (Attached hereto and made a part hereof as "Exhibit "A") pertaining to the approval of a zoning change and development of real estate described in the Development Agreement be entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Development Agreement are ready, willing and able to enter into said Development Agreement and to perform the obligations as required hereunder; and WHEREAS, the procedures for the execution of said Development Agreement have been fully complied with; and Pagel of 3 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1 : The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, a Development Agreement concerning the rezoning of the real estate described therein, a copy of which Development Agreement is attached hereto and made a part hereof as Exhibit "A" Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE jut5-- JOSEPH BESCO VALERIE BURD _fir PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this r'jZh= Day of A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of �, .._. A.D. 2005. ATTEST: ~ CITY CLERK Page 2 of 3 Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 STATE OF ILLINOIS ) ) SS, COUNTY OF KENDALL ) DEVELOPMENT AGREEMENT FOR RIVER OAKS PROPERTYDEVELOPMENT, LLC Prepared by & Return to: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 630.553.4350 DEVELOPMENT AGREEMENT This Development Agreement, hereinafter referred as to "Agreement", is made and entered into this day of 2005, by and between, RIVER OAKS PROPERTYDEVELOPMENT, LLC, hereinafter referred to as "OWNER/DEVELOPER", and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as "CITY". The OWNER/DEVELOPER and the CITY may hereinafter be referred to as the Parties. WFMSSETH WHEREAS, the OWNER/DEVELOPER is an Illinois Limited Liability Corporation and the Owner of certain real property, hereinafter referred to as "Property", located in the CITY and legally described as set forth in Exhibit "A" attached hereto and incorporated by references as if more fully set forth; and WHEREAS, the Property is generally located near and adjacent to 344 Van Emmon Road across the street from the baseball field and is currently unimproved and heavily wooded property. The Property is currently zoned R-1 One Family Residence District and consists of approximately 3.473 acres; and WHEREAS, the OWNER/DEVELOPER seeks rezoning to B-2 General Business District; and WHEREAS, the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS, the OWNER/DEVELOPER has informed the CITY that it intends iv develop the property as Office and Specialty Retail uses as generally permitted by the City's B-2 zoning, but as modified and restricted per this agreement; and WHEREAS, the OWNER/DEVELOPER, its vendors, grantees, assigns, successors, trustees, and all others holding any interest now or in the future, agree and enter into this contract, which shall operate as a covenant running with the land and be binding upon any developer and its representatives, and future owners of the land; NOW, THEREFORE, the CITY and the OWNER/DEVELOPER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I GENERAL COMPLIANCE WITH ORDINANCES OWNER/DEVELOPER hereby agrees to comply with all CITY ordinances, and this Agreement shall alter said ordinances only as specifically set forth herein. Where the ordinances of the CITY conflict with the provisions herein, this Agreement shall control. ARTICLE H PROPERTY DEVELOPMENT The Development of the Property shall be generally pursuant to the Conceptual Plans attached hereto and incorporated herein as Exhibit `B". That the development of the subject real property described in the attached Exhibit "A" shall be subject to approval of all Ordinances of the CITY; Site Plan approval, engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and Site Plan approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinances, Municipal Building Fee, Weather Warning Siren Fee, City Land-Cash Ordinance, and City Development Fee Ordinance, payable at the time of Site Plan approval, which have been voluntarily contracted to between the parties and agreed to by OWNER/DEVELOPER. OWNER/DEVELOPER agree that the Final Site Plan shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time of execution of this Agreement, unless provided for differently in this Agreement. No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinance, and City Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks, performance standards, or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement. OWNER/DEVELOPER, however, will be bound by changes in building codes, building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. The City agrees that should the United City of Yorkville revise, alter or otherwise modify the parking requirements contained in its Zoning Ordinance to provide for a reduction from the standard as of the date ofthis Agreement, the City will allow the OWNERYDEVELOPER to comply with reduced standard. Utilities and Public Improvements. That On-Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following, in which case this Agreement shall control. Roadway tight-of-ways, widths of streets, and roadway construction standards shall comply with the requirements as set out on the approved Site Plan. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Property and its development for a period of five (5) years from the date of this Agreement except to the extent this would affect the United City of Yorkville ISO Insurance Policy in which case said changes would be applicable to OWNER/DEVELOPER 90 days after passage by the City Council, so long as said changes are applied uniformly throughout the City . Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said five (5) year period. After said five (5) year period, the Subject Property and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Subject Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Subject Property and be complied with by OWNER/DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given full force and effect. ARTICLE III SPECIAL PROVISIONS ZONING: Since the OWNER/DEVELOPER intends to develop the property as office with specialty real estate and potential loft apartments, all B-I zoning shall apply, and the following B-2 zoning uses shall apply (but no other B-2 Uses shall be allowed): "All permitted uses in the and B-I Districts, Art Gallery — art studio sales, Art supply store, Picture frame store, Watch and clock sales and repair, Weaving and mending — custom, interior decorating studio." No B-2 Special Use shall be allowed, except to the extent that "Apartments, single- family, located in business buildings" are allowed under the B-I General Business District. ACCESS AGREEMENT OVER DRIVEWAY TO ADJOINING PROPERTY: OWNER/DEVELOPER shall obtain an agreement for cross access and ingress and egress on, over and across the existing driveway separating the two lots comprising the property. Said agreement shall be approved by City Zoning and Engineering staff and shall then be recorded as a permanent right of use on the property. ACCESS FROM VAN EMMON ROAD The Project consisting of two platted lots shall share a common entrance from Van Emmon Road, and shall be limited to this single point of access from Van Emmon Road. BUILDING HEIGHT OWNER/DEVELOPER agrees that no building on the property shall exceed 35' (thirty five feet) in height as measured by current building codes. Said measurement shall not include the walk out basement. ARTICLE IV EFFECTIVE DATE The effective date of this Agreement shall be the date this Agreement approved and executed by the OWNER/DEVELOPER and CITY. ARTICLE V MISCELLANEOUS PROVISIONS A. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors in interest, assignees, lessees, and upon any successor municipal authorities of the CITY and successor municipalities and shall be enforceable according to its terms and conditions under the laws of the State of Illinois. Except as otherwise expressly provided herein, upon the conveyance or assignment by OWNER/DEVELOPER to new Owner or Developer of its interest in the Property to any successor, assign, or nominee, Owner or Developer, as the case may be, shall be released from any and all further liability or responsibility under this Ordinance or Agreement except to the extent previously undertaken by OWNER/DEVELOPER or for which OWNER/DEVELOPER has posted security to perform an obligation in which case OWNER/DEVELOPER shall be bound to continue to complete its performance unless a replacement bond or letter of credit is posted by the new Owner or Developer, and accepted by the CITY which shall not be unreasonably withheld. In such event the original OWNER/DEVELOPER shall be released from the underlying obligation to perform. The CITY shall thereafter look only to the successor, assign, or nominee of OWNER/DEVELOPER concerning the performance of such duties and obligations of OWNER and such DEVELOPER hereby undertaken. B. The various parts, sections, and clauses of this Agreement are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby. C. All notices provided for herein shall be in writing and shall be deemed effective when personally delivered or three days after such notices have been mailed be certified or registered mail, postage-prepaid, return receipt requested, to the Parties at the addresses given below or at such other address as may be specified by written notice. If to OWNER/DEVELOPER: River Oaks Property Development, LLC Attn: Melissa A. Maye and Cheryl A. Lee 602 Center Parkway, Suite C Yorkville, IL 60560 630-553-3637 United City of Yorkville United City of Yorkville John Justin Wyetb, City Attorney Attn: Tony Graff, 800 Game Farm Road City Administrator Yorkville, IL 60560 800 Game Farm Road Yorkville, IL 60560 IT WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. United City of Yo�kville, 111inois Arthur F. Prochaska, Jr., Mayor V ATTEST: O k DEVELOPER: RIVER OAKS PROPERTY DEVELOPMENT, LLC By: Attest: EXHIBIT LIST Exhibit "A" Legal Description Exlait `B" - Concept Plan Ip, EXHIBIT A Parcel One: Thatpan ofthe Southwest Quarrcr of Section 33, Township 37 North, Range 7 Eastof the Third Principal Meridian described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 4, Township 36 North, Range 7 Easrof the ThirdPrinoipai Meridian, saidpointbeingon the southerlyline ofsaid Section33; thence South 89" 46' 03" East along the southerly Iine of said Section 334 a distance of 374,81 feet' thence North 010 11' Sr East, parallel with the East line of the Southwest Quarter of said Section 33, a distance of 794.66 feet; thence South 880 28134" West 329.70 feet to the East line of said Southwest Quarter; thence North 01" 11' 52" East along the East line of said Southwest Quarter 1509.25 feet; thence North 82" 54' 13" West 291.36 feet; thence North 07° 05' 45" East 326.86 feet to a point on the center line of Van Emmon Road; thence North 82" 54' 15" West along said center line of Van Ernmon Road, 66.0 feet to a Northwest comer of a tract of land conveyed to Bruce O. and Virginia 1. Buhtmaster by a Quit Claim Deed recorded December 23, 1983 as Document Number 83-5890 for a point ofbegummg; thence South 07° 05' 45" West 308.0 feet: thence North 820 54' 15" West 257.22 feet to the East line of the former Fox and Minois Union Railway right of way; thence North 081 10' 53" East along said East lint 17.32 feet; thence northerly along said East line, being along a tangential curve to the left having aradius of624.08 feet, an arc distance of 300.91 feet to said center line of Van Emmon Road; thence South 82° 54' 15" East along said center lino 322.54 feet to the point of beginning in the United City of Yorkville, Kendall County, ll aois and containing 1.953 acres. Parcel Two: ThatpartoftheSouthwestQuatrer ofSection 33, Township 37North, Range 7 East oftheThirdPrincipal Meridian described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 4, Township 36 North, Range 7 East of the Third Principal Meridian, said point being on the southerly line of said Section 33; thence South 89" 400' East along the southerly line of said Section 33, a distance of 374.81 feet; thence North 01° 111520 East parallel with the East line of the Southwest Quarter of said Section 33, a distance of 794.66 feet; thence South 88" 28' 34" West 329,70 feet to the But line of said Southwest Quarter, thence North 0111 V52" East along the East line of said Southwest Quarter 1509.250feet to a Northeast corner of a tract conveyed to 13tuoe 0. and Virginia ?. Bulamasterby a Quit Claim Deed recorded December 23, 1983 as Document Number 83-5890 for a point of beginning ; thence North 82" 54115" West 291.36 feet; thence North 070 05' 4S" East 326.86 feet to a point on the center line of Van Ernmon Road; thence South 82" 54' 15" F161 along said center line of Van Emmon Road 161 .94 feet thence South 10" 2T 25" West 202.20 feet: thence South 76° 52134n East 130.50 feet to said East line; thence South 01" 11 ' 52" West along said East line 111.89 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois and containing 1 .520 acres. SUBJECT TO: INSTALLMENT REAL ESTATE TAXES NOT YET DUE OR PAYABLE, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF RECORD. Rev. 8/00 OOP6gq Iq OUAp UNITED CITY of YORKVILLE C �L9 4 f County Seat of Kendall County Rec. g B00 Game Farm Rd. G Yorkville, IL 60560 630-5534350 UtiOQD M � APPLICATION REZONING REQUEST (SPECIAL USE REQUESTS USE THIS FORM) 1 . NAME OF PETITIONER(S) : River Oaks Property Development , L6LOC . ; Melissa A . Maye , Cheryl A _ Lee 2 . NAME OF HOLDER OF LEGAL TITLE, IF DIFFERENT FROM # 1 : 3. IF LEGAL TITLE IS HELD IN A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: 4. a.) STREET ADDRESS & PHYSICAL LOCATION OF SUBJECT PROPERTY: 2 hots adjacent to 344 Van Emmon Road , East across the street rom the ball field b.) PROPOSED NAME OF SUBDIVISION: N/A c.) LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE ANNEXED &/OR REZONED: (If more space is needed, attach as Exhibit "A"). See It " All d.) KENDALL COU%Y 4.R NUS) OF PROPERTY SOUGHT TO BE REZONED : 05-39-376-015 5 . NAMES & ADDRESSES OF ANY ADJOINING OR CONTIGUOUS LANDOWNERS ENTITLED TO NOTICE OF Pg eIT�O iIb1Ni ENgNY APPLICABLE CITY ORDINANCE: (If additional space is needed, attach a separate list as Exhibit "B") Page 2 - Application for Rezoning 6. PRESENT ZONING CLASSIFICATION OF SUBJECT PROPERTY: R- 1 ZONING CLASSIFICATION SOUGHT ON SUBJECT PROPERTY: B-z 7. IF REQUEST IS FOR SPECIAL USE ZONING, LIST THE ACTUAL SPECIAL USE: 8. NAME, ADDRESS, AND PHONE NUMBER OF PERSON TO WHOM INQUIRIES REGARDING THIS PETITION MAY BE DIRECTED: Melissa A. Maye , 602 Center Pkwy, #C . Yorkville , IT 630/ 553-3637 ( ph . ) 6301 553_ 3635 Fax 9. SUBMIT APPLICATION WITH A FILING FEE IN THE AMOUNT OF $ 200 . 00 (See attached Ordinance a1992.16, and verify amount with Deputy Clerk.) 10. SUBMIT 35 COPIES EACH OF THE APPLICATION, PROPOSED DRAWINGS, LOCATION MAP, SITE PLAN, AND ANY OTHER PERTINENT MATERIALS TO THE CITY CLERK. (Large items must be folded to fit in a 10" x 13" envelope.) IN WITNESS WHEREOF THE FOLLOWING PETITIONER(S) HAVE SUBMITTED THIS APPLICATION UNDER OATH, AND VERIFY THAT TO THE BEST OF THEIR KNOWLEDGE ITS CONTENTS ARE TRUE AND CORRECT: PE ; TIO gal property owners signature must appear on this application. W SUBSCRIBED AND SWORN BEFORE ME THIS 10 DAY OF "oAc-m3 , 20 DLL E"OFFICIAL SEAL" �p n &L A Stf II L� 9jatbe of 11 wis ko , taxpuoe 10 20/07 NOTARYSTAMP THIS APPLICATION MUST BE NOTARIZE Rezone RWER OAKS PROPERTY ]ANELOPM'C.NT, L.L.C, 602 Center Parkway, Suite C Yorkville, IL 60560 (630) 553-3637 (630) 553-3635 - facsimile BUSINESS PLAN Van Emmon Properties November 16, 2004 River Oaks Property Development, L.L.C. is a locally owned and managed property development company with significant ties to the Yorkville Community. The member- managers of the company reside and work in the area. With over thirty years combined experience in the areas of real estate, law, building and development transactions, River Oaks Property Development seeks the highest, best use of the properties it develops. River Oaks is firmly committed to maintaining integrity of its properties by preserving as much of the natural contours, landscaping and history of the land as possible. Our goal is to create buildings and improvements that seamlessly weave into the existing landscape. River Oaks Property Development owns two tracts of land on Van Emmon Road, directly across from the Little League baseball park. These tracts consist of a sloping, heavily wooded lot containing 1 .953 acres, and the adjoining 1 .520 acre lot, also heavily wooded, and containing a stream that empties into the Fox River. We believe this site to be ideal for developing a professional office center for the following reasons: 1 . These lots are in a multi-use area, including manufacturing, residential, commercial and municipal entities. 2. Yorkville is lacking in professional office space and we intend to create a building specifically crafted to appeal to professional tenants, such as health care professionals, accountants, insurance agents, attorneys and architects. 3 . The development of professional office space is not necessarily as dependant upon foot traffic or visual impact for its tenants and therefore development of this property off the main junctures of Routes 47 and 34 would not impede the leaseability of the property. 4. Van Emmon Road will probably experience a significant increase in its traffic pattern within the next five years, and the site would be accessible without interfering with the traffic patterns. 5. It should not be difficult to run Yorkville city water and sewer to the site, thereby improving its appeal to potential and actual tenants. 6. A professional office park could be integrated into the existing landscape easily, preserving the slope and the forestry on the site, thereby making the site exceptionally appealing to the occupants, the neighbors and people traversing Van Emmon Road. 7. The two lots have sufficient areas available for parking to accommodate the anticipated amount of traffic that would be needing ingress and egress to the premises. 8. The property is presently zoned residential, but could easily be re-zoned "O" because of the contiguity of commercial property next door and municipal property across the street. At this stage of development, it is unclear whether the office building projects will consist of one or two phases. River Oaks Property Development LLC looks forward to working with the city and the county to provide a much-needed professional office development to service the increased number of professionals who will inevitably relocate their offices to our community. The increased availability of professional office space will serve as a draw to those professionals who want to work and contribute to the same community where they live. It is our commitment to maintain the wooded aspect of the present location to the maximum extent possible, thereby creating an office environment unique to the area, which will be appealing to those for whom the quality of life aspects of their office environment is important. EXHIBIT A Parcel One: Thatpart of the SouthwestQuaner of Section 33, Township 37Nortb, Range 7 Eastof the Third Principal Meridian described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 4, Township 36 North, Range 7 Easrof the Third Principal Meridian, said point being on the southerly line ofsaid Section33; thence South 89° 46' 03" East along the southerly line of said Section 33, a distance of 374.51 feet; thence North 01" 11 ' 52" East, parallel with the East line of the Southwest Quarter of said Section 33, a distance of 794.66 feet; thence South 88e 28' 34" West 329.70 feet to the East line of said Southwest Quarter; thence North 01* 11' 52" East along the East line of said Southwest Quarter 1509.25 feet; thence North 82" 54' 15" West 291 .36 feet; thence North 07° 05' 45" East 326.86 feet to a point on the center line of Van Emmon Road; thence North 82° 54' 15" West along said center line of Van Era non Road, 66.0 feet to a Northwest comer of a tract of land conveyed to Bruce 0. and Virginia r. Buhtmaster by a Quit Claim Deed recorded December 23, 1983 as Document Number 83-5890 for a point ofbeguming; thence South 07" 05' 45" West 308.0 feet; thence North 820 54' 15" West 257.22 feet to the East line of the former Fox and Illinois Union Railway right of way; thence North 08" 10' 53" East along said East he 17.32 feet; thence northerly along saidEast line, being along a tangential curve to the left having aradius of 624.08 feet, an arc distance of 300.91 feet to said center line of Van Emman Road; thence South 82° 54' 15" East along said center line 322.54 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois and containing 1 .953 acres. Parcel Two: Thatpart of the Southwest Quarter of Section 33, Township 37 North, Range 7 East ofthe Third Principal Meridian described as follows: Commencing at the Northwest comer of the Northeast Quarter of Section 4, Township 36 North, Range 7 East of the Third Principal Meridian, said point being on the southerly line of said Section 33; thence South 89° 46103" Fast along the southerly line of said Section 33, a distance of 374.81 feet; thence North 016 11' 52" East parallel with the Fast line of the Southwest Quarter of said Section 33, a distance of 794.66 fear, thence South 88° 28' 34" West 329.70 feet to the Fast line of said Southwest Quarter; thence North 01° 11 ' 52" East along the East line of said Southwest Quarter 1509.25'feet to a Northeast comer of a tract conveyed to 13ruce 0. and Virginia J. $ubrmaster by a Quit Claim Deed recorded December 23, 1983 as Document Number 83-5890 for a paint of beginning ; thence North 82° 54' 15" West 291.36 feet; thence North 07° 05' 45" East 326.86 feet to a point on the center line of Van Emmon Road; thence South 82" 54' 1511 East along said centerline of Van Etrmron Road 161 .94 feet; thence South 10* 2725" West20220 feet; thence South 76° 52' 34" East 13050 feet to said East line; thence South 01011' 52" West along said East line 1 11.89 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois and containing 1 .520 acres. SUBJECT TO: INSTALLMENT REAL ESTATE TAXES NOT YET DUE OR PAYABLE, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF RECORD. Rev. 8/00 EXHIBIT "B" Scoff & BAiILQL2Qj&L I� � V�lII, i Ilp II III I �� Commonwealth Edison Keith and Bonnie Kuc71r Paul and Sandra Kraber Cheryl Gardner Bruce and Virginia Buhrmaster III' I°� II I� ll�i 'I ' I !' Ilpl ',IIII, 'I III David Ligons Old Second Bank Trust No, 6369 Horton Family Partnershi Roger and Jo3rce Olson Thomas Baumgartner Richard and Judith Heath Thomas & Angeline Planck Jerry & Peggy Seif Edward and Robin Gawne Michael and Julie Gondar WOE H ® ro I HER Diu Eo @ ° z" £ A , z a I � 1(T7 Im (I�TI/I < ❑❑ 143 70 7n° z y oo N� e��ag has U) o Y m� pn�'m�m iamn �iNN� 2ilYN n Q.82 y o�oi� waOZp�� z�mZN d � ��4�a�m�$g�"A4 �oe�R53$a II I Q °^Sg 9¢� ovgm��b'�oQg§� QB .m a � X gzamNOss Union Rai4way a � Former Fox & Illinois N M6 NG � uy e n..aesp0. •s w I a A s � m Y bkt �.a } _� To a 1 i v y 6 e.aT 410 C) � 1 n . 4 6 1 g 7. .45. C t J 8. J W Y II Y 0 9t N O W {� �N 5 4 I M A RIVEROAK5/0FFICEBUIL1) ING - 5 VEN EMMON RD. £ s 14 a oournx VC M.. roMvlm. 1L 6osco PLAT OF SURVEI PM 630.882.8822 PAY 630.882.8011 I `QED C1Ty Reviewed By: Agenda Item Number Z) ®� Legal ❑ vi Finance ❑ ESL 1836 Engineer ■ Tracking Number I®i ` City Administrator au� ® Consultant ❑ Agenda Item Summary Memo Title: Heartland Circle — Final Acceptance Meeting and Date• City Council 5/25/10 Synopsis : Recommend final acceptance of earthwork, roadways, landscaping, and sidewalks, and removal of detour route. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval, subject to completion ofpunchlist work. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ok Memorandum esr 1836 To : Bart Olson, City Administrator 94 � � From: Joe Wywrot, City Engineer 0 �® CC: Lisa Pickering, Deputy City Q&k Date: May 6, 2010 Subject: Heartland Circle — Final Acceptance Marker, Inc. has requested that the city accept the final public improvements for the Heartland Circle development. As of the date of this memo, all punchlist work is complete except for the following: • Crosswalks need to be striped at all intersections. • Remove and replace the following dead/dying parkway trees: 1158 Grace (along Spring), 1101 Clearwater (2 trees along Clearwater, 2 trees along Omaha), 1149 Clearwater, 611 Birchwood (2 trees along Blue Jay), 639 Birchwood, 1109 Auburn (2 trees along Spring), 1338 Spring, and 1382 Spring (along Spring). ® Remove all dumped debris from vacant lots. The development agreement for Heartland Circle allowed the developer to request partial final acceptance as individual work items were completed. Consequently, the watermain and streetlights were accepted in 2005 . The sanitary sewer and storm sewer were in 2006. Items not yet accepted or approved include earthwork, roadways, landscaping, sidewalks and trails. We have requested that the developer complete the punchlist items listed above prior to final acceptance. About 80 of the 262 buildable lots in Heartland Circle remain vacant; construction of sidewalk and planting of parkway trees for those lots would become the responsibility of the builders. Corresponding to final acceptance is a reduction to the subdivision bond. The reduction would be in the amount of $807,481 .37. The remaining bond amount of $330,476.28 would remain in place for roadway, landscaping, and sidewalk/trail improvements during the one-year warranty period. Please refer to the attachment for details. Since the warranty periods for items previously accepted have expired, the bond amounts for those items would be reduced to zero. During negotiation of the development agreement for Heartland Circle we received many comments from residents on Spring Street about the anticipated construction traffic. They were concerned that Spring Street would carry the majority of that traffic, and requested that the traffic access the development some other way. The developer agreed to allow that traffic through their Heartland in Yorkville subdivision, which had a limited number of residents at the time. A detour route was posted, and was fairly successful in diverting construction traffic away from Spring Street. Since that time the public infrastructure in Heartland Circle has been completed. Heartland in Yorkville is almost completely built out. Construction of individual homesites in Heartland Circle, however, still requires trucks to deliver and haul away equipment and material. We have received several requests from residents of Heartland in Yorkville to eliminate the detour of construction traffic through their streets. They are concerned about the trucks navigating the sharp curves and tight corners in their subdivision. They don't understand why their neighborhoods and families are less important than those on Spring Street. This issue was placed before the Public Works Committee in November 2005, and at that time the committee decided to keep the detour route in place. With the public infrastructure of both subdivisions now completed, I believe it is time to reconsider the detour route. I recommend that the final public improvements of earthwork, roadways, landscaping and sidewalks for the Heartland Circle subdivision be accepted for ownership and maintenance, subject to receipt of an acceptable Bill of Sale and completion of remaining punchlist items, and that American Southern Insurance Company Bond # B98804-010285 be reduced by the amount of $807,481 .37 . I also recommend that the construction detour established through the Heartland in Yorkville subdivision be removed. Please place this item on the Public Works Committee agenda of May 18, 2010 for consideration. City of Yorkville ' 6-May-10 Letter of Credit/Bond Reduction Subdivision: Heartland Circle Date of last bond/LOC adjustment: Jul-03 Reduction No. 7.(final acceptance) ENR-CC Index for date of last adjustment: 6695. Bond/LOC No. American Southern Insurance Co. Bond #B98804-010285 Current ENR-CC Index: 8761 LOC/Bond Approved Original amount LOC/Bond Amt. Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond Prior to Reduction No.7 to Reduction No.7 Reduction No.7 after Red. No.7 Sanitary Sewer - Trunk Line $319,037.90 $350 941 .69 $31,903:79 $319,037.90 $31 ,903.79 $0.00 Sanitary Sewer $604,375.80 $664,813.38 $60,437.58 $604,375.80 $60,437.58 $0.00 Watermains $704,952.50 $775,447.75 $70,495.25 $704,952.50 $70,495.25 $0.00 Storm Sewer $945,510.60 $1 ,040,061 .66 $94,551 .06. $945,510.60 $94,551 .06 $0.00 Earthwork $925,479.56 $1 ,018,027.52 `. $144,806.93 $925,479.56 $23,699.74 $121 , 107.19 Pavement $1 ,004,609.75 $1 , 105070.73 ,.: $289,922.66 $1 ,004,609.75 $158,460.58 $131 ,462.08 Streetlights $127,584.00 $140,342.40 $12,785.40 $127,584.00 $12,785.40 $0.00 Miscellaneous $595,351 .53 $702,956.68 ` $433,054.98 $639,051 .53 $355, 14296 $77,907.02 Totals $5,226,901 .64 $5,797,661 .80 $1 ,137,957.65 $5,270,601 .64 $807,481 .37 $330,476.28 Notes: a) LOC/Bond amt. to be 20% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. c) LOC/Bond amt. to remain is updated based on Engineering News Record - Construction Cost Index d) Manual input required for cells highlighted in yellow. Reviewed By: Agenda Item Number J� 0n Legal ❑ zit EST '1 1836 Finance ❑ Engineer Tracking Number ®� uJ City Administrator ■ 0� '`a0 Consultant ❑ 4) Vq CO l (D <4E �d� El Agenda Item Summary Memo Title: Yorkville Business Center — Release of Remaining Bonds Meeting and Date• City Council 5/25/10 Synopsis : Recommend release of remaining bonds upon receipt of a $55,752.00 payment from the developer. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CC/P �® Memorandum EST, ` ;: 1836 To : Bart Olson, City Administrat 4 -� From: Joe Wywrot, City Engineer 0 CC: Lisa Pickering, Deputy City Cl < or�j NttdatCwnry Date: May 10, 2010 Subject: Yorkville Business Center - Release of Remaining Bonds There are two remaining bonds in place for Yorkville Business Center regional infrastructure. Those bonds are: • Gulf Insurance Company Bond #150023096-201 in the amount of $60,311 .75 for extension of a 12" watermain to Route 47. • Gulf Insurance Company Bond 4BE92973 in the amount of $ 159,000.00 for land improvements related to development of Lot 1 in Unit 1 . Some of the watermain covered by the first bond was constructed when the F.E. Wheaton expanded their building in 2005 . Inland has estimated the cost of the remaining watermain to be $55,752.00, and has offered to pay the city this amount rather than keeping the bond in place. I concur with their estimate. These funds should be deposited in a separate account, to be transferred to a future developer that may need this watermain extension. Inland has also, however, requested that the second bond be released in consideration of their payment. The second bond covered land improvements related to Lot 1 , including a private driveway entrance, public watermain, private storm sewer, and public sanitary sewer. While Lot 1 was never developed, some of this work was constructed because it was designed to also serve the F.E. Wheaton expansion. The public sanitary sewer was never constructed, and is not needed until Lot 1 develops. We have checked the work that was constructed and recommend that the public watermain be accepted for ownership and maintenance by the city. I recommend that the bonds listed above be released in their entirety upon receipt of payment of $55,752.00 from Inland. Please place this item on the May 18, 2010 Public Works Committee agenda for consideration. Yorkville Business Center Watmain Extention Inland's Estimate Item Quantity Unit Unti Price Cost 12" DIP M 440 LF $57.00 $253080.00 12"x12" Tapping Valve 1 EA $8,000.00 $8,000.00 12" Valve Vault 1 EA $3,750,00 $3,750.00 Fire Hydrant 2 EA $3,200,00 $6,400.00 Landscape Restoration 1500 Sy $2.50 $3,750.00 Traffic Control 1 EA $1 ,500.00 $1 ,500.00 Total Cost $48,480.00 15% Engineering $7,272.00 Total $55,752.00 1 . Please note that Ductile Iron Pipe does flucate an a weekly basis so prices can change. 2. Quanitles were taken from the City of Yorkville's engineer estimates 3. The engineering cost for plans design and submittals to the City are a conservative esitmate. 4. 12"x12" tapping valve was added by the City because the contractor will have to tap into the ex This was not apart of the orginal estimate because it was assumed the watermlan would have t Reviewed By: Agenda Item Number J= �o Legal ❑ 1836 EST. , Finance ❑ Engineer El�_ Tracking Number 0 (f to City Administrator Sf `�O` Consultant El PC 2010-03 11 C_ City Council Agenda Item Summary Memo Title: Blackberry Woods Annexation Agreement Amendment City Council/Committee Agenda Meeting Date: City Council/ May 25, 2010 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: N/A Item Number: Type of Vote Required: Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached memo, background documents and draft ordinance. clry Memorandum r` o J k To: City Council esr. s - x, 1836 From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Joe Wywrot, City Engineer Date: May 21 , 2010 <LE ��, Subject: Blackberry Woods Amendment to PUD Agreement As you may recall, at the May 11 `" City Council Public Hearing for the proposed amendment to the Blackberry Woods Annexation and PUD Agreement, staff was asked to provide additional information regarding the payment status for the required park donation and the homeowners associations. The following is a response to those inquiries as well as additional recommendations for the proposed development. Park Contribution: Per the requirements of the original Blackberry Woods Annexation and PUD Agreement approved July 12, 2005, the developer was required to deed 4.32 acres of land and contribute $ 150,000 to the Parks and Recreation Department of which 50% would be paid at recording of the Final Plat and the remaining 50% paid at the time of building permit issuance (approximately $568. 18 per dwelling unit). Although the "per dwelling unit contributions" have been collected on all of the 13 homes currently constructed within the subdivision for a total of $7,386.34, the City lump sum payment of $75,000 for the initial 50% contribution has not been received. Therefore, staff is recommending that the $75,000 payment be made prior to the execution of this amended annexation agreement. Homeowners Association (HOA): According to the original annexation agreement, the developer was to have established two (2) homeowners associations (HOAs), one for the lots zoned R-2 and the other for the lots zoned R-4. The "R-2 Association" was to be responsible for the maintenance of the common facilities which includes the storm water detention areas, monument signs and other open spaces. The "R-4 Association" would also contribute to the maintenance of the common facilities and all the yard areas of the R-4 lots. The Petitioner initially sought to dissolve the R-4 HOA, have the City accept the storm water detention areas as they exist and establish a backup SSA by ordinance to maintain the common areas. The backup SSA was contemplated in the original Annexation and PUD Agreement in Section 20 which states the "[djeveloper agrees to the CITY enacting at the time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the event the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage." However, staff has been informed that the Petitioner is no longer pursuing the enactment of the dormant SSA, therefore we recommend Section 6 paragraph b of the proposed amended annexation agreement be removed. The Developer is now considering allowing the existing homeowners to form a new association as expressed by the residents present at the public hearing. Staff is not opposed to the residents establishing a homeowners association, as long as the primary responsibility and duty of the HOA is the maintenance of the common facilities as defined in the original Annexation and PUD Agreement. Additionally, if a HOA is established for the development, staff recommends the Developer also contribute to the annual association payments for each property within their control and at the same dollar amount required by the other homeowners within the development. Also during the meeting, the residents present mentioned the covenants, which were to govern the architectural control ordinances of the subdivision and be provided to the Homeowner' s Associations, were not recorded. Therefore, staff is also recommending the following language be incorporated into Section 19. Covenants, as part of the amended annexation agreement: "Developer agrees to provide and attach hereto a copy of said covenants and proof of recordation with the Office of the Recorder of Deeds, Kendall County within thirty (30) days of the closing of the property and at the Developer 's expense. " Transportation Impact Fees: As part of the developer's request for a reduction in transportation impact fees, staff is recommending to revise the language of the proposed ordinance for amendment regarding the offsite Cannonball Trail improvements to include "the cleaning and sealing the edge of pavement with rubberized asphalt cement hot poured,joint sealer and the thermoplastic pavement striping. " Developer Requested Fee Locks: The Petitioner is also seeking to extend its five (5) year fee lock for all ordinances, building codes and regulations except water meter costs in the original annexation agreement set to expire on July 12, 2010, for an additional eight (8) years with a new proposed expiration date of December 18, 2018 (refer to attached Fee Schedule for Blackbeny Woods Fees Per Unit exhibit). Since the execution of the original annexation agreement in July 2005 and its subsequent amendment in December 2007, the City has approved three (3) fee increases which affect the Petitioner' s proposed fee lock request. The following table lists the type of fees that have been increased, the rate of the fee in effect at the execution of the original annexation agreement, the current rate and the date the fee increase was approved. 1DRD.IRES - FEERATE/1JNIT AT CTJRRENT APPRO�IlVG FEE f FEE , . RATEINCRAS " . I IV ,11 'IV ANNEYATIOht :RATE/UNI . IV (Effective/EasseDafej ' IV Water Connection Fees $2,660.00 $3,700.00 Ord. 2006-32 (6/15/06) Water Meter Costs Res. 2006-24 (*not requested for fee lock) $250.00 $390.00'3 (3/28/06) Building (Municipal) $ 150.00 $59509.00 Ord. 2006-19 (3/14/06) The Developer has agreed to pay the municipal building fee of $ 150.00 per lot within thirty (30) days of recordation of a deed conveying the property to the new owners, Crestview Builders, Inc. Per Exhibit 'T' Fee Schedule of the Annexation Agreement and Planned Unit Development Agreement (Blackberry Woods Subdivision dated July 12, 2005). ' Fee is per SF (Single Family) and DU (Duplex Unit) ' Rate is for atypical Single Family Residential 518" x3/4" meter size Detention Ponds Finally, staff recommends the responsibility of developing and maintaining the on-site detention ponds, particularly for the western storm water basin, is strengthened with language that states: "The Developer shall deposit with the City an irrevocable letter of credit at twenty percent (20%) for the substantially completed improvements as deemed by the City Engineer and at one-hundred and twenty percent (12001o) for the uncompleted improvements to guarantee the development and maintenance of the storm water basin identified as Lot 135 on the Final Plat of Subdivision be included within the first phase of development. The City shall consider all landscaping below the high water level (HTIVL) of the basin as uncompleted improvement._ ° Staff Recommendation Summary 1. Amend Section 12 — Exhibit I of the original annexation agreement to state: "The City shall collect the lump sum payment of $ 75, 000 for the required initial 50% contribution for park donation prior to the execution of this amended annexation agreement. " 2. Remove Section 6 paragraph b of the proposed amended annexation agreement. 3. Amend Section 20 of the original annexation agreement to state: "The Developer shall contribute to the annual association payments for each property within their control and at the same dollar amount required by the other homeowners within the development. " 4. Amend Section 19 of the original annexation agreement to state: `Developer agrees to provide and attach hereto a copy of said covenants and proof of recordation with the Office of the Recorder of Deeds, Kendall County within thirty (30) days of the closing of the property and at the Developer 's expense. " 5. Revise Section 5 of the proposed amended annexation agreement to incorporate: "The cleaning and sealing the edge of pavement with rubberized asphalt cement hot poured joint sealer and the thennoplastie pavement striping as part of the Cannonball Trail offsite improvements. " 6. Revise Section 9 of the proposed amended annexation agreement to incorporate: "The Developer shall deposit with the City an Irrevocable letter of credit at twenty percent (20%) for the substantially completed improvements as deemed by the City Engineer and at one-hundred and twenty percent (12001o) for the uncompleted improvements to guarantee the development and maintenance of the storm water basin identified as Lot 135 on the Final Plat of Subdivision be included within the first phase of developruent. The City shall consider all landscaping below the high water level (HWL) of the basin as uncompleted improvement. " ET�BIT "F" FEE SCEIRDV .E I 40 Blackberry Woods FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville, must be presented to the City prior to Issuance of permit $3,000 Separate Yorkvllle-Bdstol Sanitary District fee - made payable to Y.B.S.D. $1 ,400 United City of Yorkville Fees 1 . Building Permit Cost $650 plus $0.20 per square foot $850 + $0.20(SF) 2. Water Connection Fees SF and DU $2,660 2+ Bed Att N / A 3. Water Meter Cost Detached Units $250 Attached Units NIA 4. City Sewer Connection Fees $2,000 5. Water and Sewer Inspection Fee $25 6. Publio Welks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $150 Library $500 Parks & Recreation $50 Engineering $100 Bdstol-Kandall Fire $1.000 Development Fees Total $2,800 see note S. Land Cash Fees "a" below Apartment Townhome Duplex Single Family Park N / A NIA NIA $568,18 School NIA NIA N l A $4.780 Land Cash Fees Total $0.00 $0.00 $0.00 $5,348,66 9. 4 Road Contribution $21000 10. Weather Warning Siren Fee see nota "b" below $75/acre Note: PUD agreement specifies that these fees am to be discounted a. For upfront land-cash donations figures, please refer to "Land-Cash" worksheet b. $75 x 60 = $4150D �.,�000 C12% Memorandum EST. r teas To: Bart Olson, City Administrator 1 From: Laura 5chraw, City Park Designer o q CC: Krysti Noble, Community Development Director Date: May 21 , 2010 <tE w� Subject: Cattails in Stormwater Basins Anything can be good in moderation, even cattails. Cattails become a `bad' plant when they are the only plant species in a stormwater management basin, creating a monoculture that could in turn affect a large environmental system existing in Yorkville. There are three types of cattails; broad-leaved cattail, narrow- leaved cattail, and a hybrid specie of the two, which is the most common and invasive — even pushing out the native broad-leaved cattail species. In an area, such as Blackberry Woods, where the stormwater basins are directly west of the Blackberry Creek, and also drain to a ravine that then flows to the creek, it is extremely important to manage the cattail population. Each cattail plant can produce thousands of seeds that could potentially harm Blackberry Creek by reducing the native biodiversity. Cattails are the fast to establish in a degraded habitat, and reproduce by seeds and by thick, rapidly spreading, lateral rhizomes. Dense rhizome mats and clustered leaves producing a thick litter layer may reduce the opportunity for other plants to establish or survive. Much like the invasive Purple Loostrife scattered along the river banks and Phragmities seen in many roadside ditches, naturalists have monitored and managed this species in order to keep biodiversity in existence. Stormwater management basins serve one main purpose: collecting impervious surface runoff and storing it until either a) water infiltrates into the ground or b) water is released into the receiving body of water. Prior to the educational push on environmentally friendly and conservation conscious development, all stormwater basins were designed with mowed turf grass side slopes. These manicured slopes created two major problems. First, problems with nutrient concentrations (such as phosphorus and nitrogen) and solids (such as total suspended solids) decrease if there is a healthy aquatic plant density, which in turn keeps nuisance algae blooms to a minimum. Second, stormwater basins with manicured slopes have deterred geese from migrating south for the winter, and raise levels of fecal coliform bacteria in water: one goose can drop up to 3lbs of fecal matter in one day. In addition, water sources which have gentle sloping shore lines with manicured lawns provide the greatest attractant because they have easy access to food and protection from other animals, including people. Chemical treatments are used to help remove over-populations of cattails. The plants are sprayed in the fall through a backpack spray application - a light mist of a glyphosate with a surfactant. Rodeo, the glyphosate chemical typically used, is approved by the USEPA for aquatic applications. It is a systemic herbicide, meaning that it kills the vegetative portions of the plants where it is absorbed, and can travel through the plant to the root system for a complete kill. Rodeo breaks down when it reaches water so it cannot harm animals or fish. A surfactant is a non-toxic chemical that reduces drift and helps it stick to the leaf. A fall application helps the plants absorb the chemicals because during that time of year the plant is attempting to take in the maximum amount of nutrients in preparation for the winter. Once the temperature drops and the water in the basin freezes, the cattails are cut off at the top and the debris is removed. Stormwater basins can be beneficial when a diverse habitat is created, allowing a variety of plants, animals, and invertebrates to exist. C9Documems and Settmgs\MGehr\Local Settings\Temporary Internet Files\Content.Outlook\YN3ZR9P7\cattail memo 5 21 10 (2).doc To: City Council EST -. 1836 From: Krysti J . Barksdale-Noble, AICP, Community Development Director CC: Bart Olsen, City Administrator O 91 , Date: May 7, 2010 Subject: Blackberry Woods Amendment to PUD Agreement r46<kE �® Fee Reduction Request The Economic Development Committee, at its May 4, 2010 meeting, has recommended the request from the petitioner for an amendment to an amended annexation agreement and planned unit development agreement with regard to fees and security deposits for the Blackberry Woods Subdivision. A copy of the original agreement is attached for your reference. Due to an expedited schedule for the terms of the purchase contract, the petitioner is seeking a vote on the attached revised draft ordinance, which has not been reviewed by the City Council or EDC. The revised draft ordinance reflects up-to-the-minute negotiations between Staff, the City Attorney, the petitioner and the petitioner's attorney. The specific nature of the requested amendments to the annexation agreement and planned unit development are detailed in a memorandum prepared by the City Administrator dated April 30, 2010 to the Economic Development Committee and is attached hereto. Revised April 28, 2010 by Petitioners FIRST AMENDMENT TO THE AMENDER ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Blackberry Woods Subdivision) This First Amendment to the Amended Annexation Agreement and Planned Unit Development Agreement (the "First Amendment') as to the real estate identified and legally described on Exhibit A attached hereto is made and entered as of the _ day of May, 2010, by and between Crestview Builders, Inc., an Illinois corporation ("Owners") as successors to McCue Builders, Inc., an Illinois corporation (the "Prior Owners") and the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "City") by and through its Mayor and City Council (the "Corporate Authorities"). RECITALS : A. Owners are the owners of record of certain parcels of real estate legally described on Exhibit A (hereinafter referred to as "Subject Property"). B. The Prior Owners annexed the Subject Property to the City pursuant to an Annexation Agreement dated July 12, 2005 and recorded with the Recorder of Kendall County on May 18, 2006, as Document No. 200600015095 (the "Original Agreement'), for the purpose of developing a residential planned unit development (PUD) known as Blackberry Woods and thereafter entered into an Amendment to said Annexation Agreement on December 18, 2007 (the "Amendment") with the City and recorded with the Recorder of Kendall County on February 28, 2008, as Document No. 200800005143, which detailed the requirements for the development of the Subject Property and the rezoning of the Subject Property pursuant to a Preliminary PUD Plan as attached to the Amendments. 1 C. For numerous reasons including the economic downturn of the region, the Prior Owners were unable to complete the development of Blackberry Woods and the Owners have acquired all unimproved lots included in the original Preliminary PUD Plan for Blackberry Woods and desire to complete its development in accordance with this approved Preliminary PUD Plat as attached to said Amendment. D. In order to proceed, the Owners have petitioned the City for certain amendments to the Amendment pertaining to fees and security as hereinafter set forth to clarify the obligations of the Owners to assure completion of the development of Blackberry Woods in accordance with all applicable City requirements. E. The City and Owners have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Municipal Code and the City' s Code. F. The Corporate Authorities, after due and careful consideration, have concluded that this First Amendment to the Amendment of Annexation Agreement and Planned Unit Development Agreement will inure to the benefit of the City in that it will result in the completion of the development of Blackberry Woods thereby increasing the taxable value of the real property within its corporate limits and enhance and promote the general welfare of the people of the City. NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants and agreements contained herein, the sufficiency of which is hereby acknowledged, and the parties hereto agree to the following terms and conditions: Section 1 . Notwithstanding the terms and conditions as set forth in the Amendment or the Original Agreement and the terms and provision of the City Code, the Owner shall provide 2 the City with a letter of credit equal to 120% of the original Engineer' s Estimate of Cost previously submitted and approved by the United City of Yorkville for all unaccepted land improvements. The letter of credit shall be reduced upon completion and acceptance of each category of improvement or infrastructure to 100% of the cost of the completed improvements, leaving the original 10% excess of the amount of those improvements as the warranty for a one year period which shall be released after one year following acceptance so long as no repairs or replacement are needed (the " Warranty Period"). The Owners covenant and agree to remain responsible for maintenance and replacement, if necessary, of any surface structure constructed within the Blackberry Woods development until the expiration of the Warranty Period for the last category of public infrastructure accepted by the City. For purposes of this First Amendment "surface structure" shall mean any part of any public infrastructure that exists above or extends to the ground surface, thereby making it vulnerable to damage from subsequent structure or maintenance activities. For purposes of the agreement, the following shall each constitute a category of improvement or infrastructure: earthwork, erosion control, water main, sanitary sewer, storm sewer, paving, lighting, common area landscaping and common area sidewalks. Section 2. The Applicant for a building permit for each respective residential unit in said subdivision shall provide a Letter of Credit or Cash Bond in the amount of $7,000 for any corner lot and $3 ,500.00 for any subdivided lot other than a corner lot to the City for the installation and any repair work of public sidewalk, parkway trees and parkway landscaping that may occur and can not be installed prior to issuance of final occupancy permit due to weather conditions, or other reason. City agrees to approve in its final inspection prior to issuance of a final occupancy permit for any individual residential unit, an inspection and issue to the applicant for a building 3 permit notice to complete public sidewalks, parkway trees, or repair damage to any public improvement immediately adjacent and contiguous to the residential building for which a final occupancy permit is sought. Section 3. The Owners agree to postpone the development of that portion of the approved Final Plat of subdivision located generally west of the terminus of North Carly Circle, Purcell Street and South Carly Circle, as depicted in a map attached hereto and incorporated herein as Exhibit "A", which also contains Lots 57, 58, 59, 60, 61 , 62, 63, 64, 65, 79, 80, 81 , 82, 83, 84, 85, 865 87, 885 89, 90, 917 105, 106, 107 1085 109, 1105 111 , 1125 113 , 1145 1157 116, 117, 118, 119, 120, 121 , 122, 123 and 124 within the Blackberry Woods Subdivision. The City agrees that no letter of credit shall be posted for public improvements within said area until the initiation of the first application for building permit within said area, notwithstanding all existing public improvements "in-ground" shall retain its letter of credit in full . No building permit will be issued by the City for lots in said area until a letter of credit is posted for all remaining public improvements in said area and as defined within this agreement. Upon receipt of the letter of credit by the United City of Yorkville, the Owner shall be provided with a written notice to proceed with development from the Public Works Department of the United City of Yorkville within thirty (30) days. The Owners also agrees to dedicate a public utility and drainage easement of a width and location requested by the City within thirty (30) days of such request. Section, 4. The City agrees not to increase any of the fees above the amount as itemized on Exhibit F to the Amendment pertaining to the Subject Property, other than costs listed for water meters, until December 18, 2018, upon payment of the municipal building fee of $ 150.00 4 per lot within thirty (30) days of recordation of a deed conveying the real estate comprising Blackberry Woods to the Owners. Section 5. The City agrees to waive the Transportation Infrastructure Fee on the condition that the Owners patch to the satisfaction of the Public Works Director, mill the entire area of the roadway to a 1 .5" depth, and repave to 1 .5" Cannonball Trail from the end of the Kendall Marketplace resurfacing project near John Street south to the northwest corner of the Blackberry Woods development. Section 6. a. The City agrees to waive the requirement to establish a homeowner association for the maintenance of private property and exterior improvements and landscaping in the portion of the Development zoned as an R-4 Residential District. b. Owner/Developer and City agree that as a condition of approval of this Amendment, a Back-up Special Tax Service Area shall be established to improve all of the property contained in Blackberry Woods and immediately activated in order to provide funds to provide for the maintenance of common areas, landscaping at the entrance, all buffer areas to make necessary improvements in common areas for the detention pond, and to cover the cost of maintenance of detention ponds. Section 7. That notwithstanding any provision in the Original Agreement, the Amendment, this First Amendment or the City Code, the provisions of the International Building Code as in effect as of the date of the execution of this First Amendment shall be the only building code to be applied to all structures constructed within Blackberry Woods development until December 18, 2020. Owner/Developer and City agree that the requirement of individual 5 residential units to be sprinkled on their interior is not contained within the current International Building Code in affect at the date of execution of this Agreement by the City, and if for any reason the City retro-actively approves the sprinkling requirement in residential units it shall exempt Blackberry Woods Development from that requirement. Section 8. All fees as imposed pursuant to the Amendment, other than the Transportation Infrastructure Fee, and the municipal building fee as hereinabove provided, shall be paid at the time of the application for a building permit by the Applicant for each respective building permit in the amount as agreed in paragraph 4 above. Section 9. DETENTION PONDS — The Owner/Developer and the City agree that the development of the storm water management basins eradicate the invasive cattails existing in the basin bottom, and provide the plant materials and continued management of the basin landscaping to establish native species for a period of five (5) years. The final storm water basin landscape treatment and project scope shall be generally pursuant to the project proposal submitted to the City as prepared by CEMCON, Ltd., dated May 7, 2010. Section 10. To the extent all other terms, conditions and agreements as set forth in the Agreement and the Amendment are not in conflict herewith, such terms, conditions and agreements are hereby affirmed. 6 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Amended Annexation Agreement and Planned Unit Development Agreement (Blackberry Woods Subdivision) 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 Crestview Builders, Inc., an Illinois corporation By: President Attest: Secretary 7 r 132 '`e 133 15 1 1 — ————————— —-—-—- -4k, 121 14 f 120 122 123 124 125 126 127 128 129, — ! ' 2a 16 _ i 2 21 13 119 .,� ---------.-------- _--- ',. 3 - 22 17 118 y 57 56 55 54 53 52 51 r 49 : 23 F i 17 5$ , 48 \ i9 / \ f- -- 59 ea 61 62 63 64 65 66 116 J� — _- 67 47 �� / �,` _., 6 68 46 �'� 12 69 `�.' 'f'45 1 115 85 E84 83 82 61 80 79 70 '" ' 78 , 114 ` :r °, .- 44 10 8 86 7i ' * !43 24 9 113 87 ' \'� , 72 112 88 75 �\ �z 73� ' 25 > ' - \ \ F 111 S9 f �° � ,, 42 26 .r' 41 27 134 110 90 39 x, 40 , 8 109 9i 92 . t 93 94 95 96 97 98 38\ 37 i f '' f; `' 108 --------__.� _-�'-_:,�.--- rr fr /, 36'x. �29 _ 33 32 � 107 r 105 104 103 101 100 `.is9 30 f 106 35 ! l 11v.eCNr �i EXHIBIT "A" Blackberry Woods Status - May 2010 .9.I IMnwMIFA/•.NDY.Frr�•.y F.�.Cr.y A,E U' EMC , LTD. +� CONSULTING ENGINEERS, LAND SURVEYORS $ PLANNERS Blackberry Woods 'Subdivision Job Number 455.065 Proposed Landscaping Improvements for the existing Stormwater Management Facilities The Landscaping Improvements related to the Stormwater Management Facilities will include replanting of the areas along the side slopes from the toe of slope of the impoundment to the top of the embankment up to a minimum elevation of the design high water elevation of the stormwater management, facility. The seed mix will be a Lo Pro Wet Mesic Praire with Flowers Seed Mix as indicated below; Lo Pro Wet Me9cleratrie. will Flowess Mix Le®sla oryaoides Rice Cut Grass 0!031 Genesis Nursery,lue.Tampion IL Lintris pycaostechyaPWtia.$lezingstnr 0313 Illinois P.ertadt#3669 Liatris spicata '$pikeDlazings'ca, 0.168 PLS where applicable Lobel'ia.aiphEltim Blue Lobelln 0,031 A short gmmS sedge,xusb,and forb 4& for rich moistsoily with a Kan"Ins imroziS Monkery Plower 0031 few tallerfgitisiet vertical accents, $eE1:diV,ersity dormmtaccded. Monardafisnilosa Bergamot Hi6 Species lbYac Pattioum virgamm Switch Gram 0.031 Andropogon scoper3us (Schizaehpium a.JtitfI6 Iuuestem 2,000 P"orium maegtifebum Wild Quinine 0.125 Asclepias Species Milkweed 0.125 PecoWlemgm purpun eum (Dnlea p.) Purpleprairie Clover 0.250 Astarlaevic ($ymphyeed0hum boys) Smooth Blue Aster 0,069 Phymstegie vjrginlanaFalse Dragonhead 0.063 Aster novae-angliae (Symphyotuchum tr.J.NowEngland PoApahrauis Mouth Blue Grass 0.063 Aster 0.963 P.yonantheamm'V41moam Common mt. Mini 0.063 Calnmagrostia eanarlensis.Glue 30 Gusts 0,037. Ratibidapinnata:yellow Conetlowat ,0.250 Carer nanectena xaathopatpuYepow'Sedge 0063. Rudbeckia histu B9ack-eyed Susan 0250 Carex bebbli Dobb'sSedge -0250. Sdrl?us 'atr9vimus Dark Green Rush 0.500 Care% biolmrllil'Blcknell's'Sedge. 0,123 Silpbiumlaciniatum Compass Plant 0.168 SlIphiumperl'olintum Cup Plant 0.125 Carer molests Yield Oval Sedge D:250 Cater normalis NOrmaSeiige SoliSo.xi d de7lii mr:)Riddeil's Gold Mind 0125 0 S"Ibla etch da q3i oa Carer smPariaBroom Sedge - 10300 B . b"1 ( S anion r;) StiffGoldenrod U.125 Spattlnapeetinata CordGr.;us 025C Camas fasciooidrifgBidgeP x250 Spombolusheterellepis Dropsued 0500 Mynas canadcruds Canadian Pea A.i$8 VC&Rnu:bastuta Blue Vervain 0.500 Jllymus canadensis Cenadieti Wild Rye Long Vemoniafascimlata Common honweed £lymus virgirnicas Virginia Wi3d Rye 1.1000 0.063 Vamnieastmm virginicum C Phyic s do I Bonesat 0.031 Glyce ua stri aPl'M aam qsas oflols our""olden Alexander 0.063 0'1.^.' v11 Hypprlcuvrpylamidatvrii.Great St Johd'swor; 0325 total Iris virgiaica onevel Blue PISS Vis 0125 10.596 permwraaY matrix � 30.596 Amcus tenuia.Patl Rush "0431 All items subject to availability. Mix composition may vary Iencus mrreyi Torrey's krish 9.031 seasopnlly. All non-native plants will be selectively sprayed with a herbicide to eradicate undesirable plant materials. A monitoring and maintenance program will be conducted by a qualified Wetland Consultant on an annual basis for a period of five years. During this period, selective spraying and replanting will be conducted as necessary to establish proper growth. 2280 White Oak Circle, Suite 100 < Aurora, E inois 60502-9675 Phone: 630.862.2100 Fax: 630.862.2199 Website: www.cemcon.com C'ry° Memorandum To: EDC EST. 1836 From: Bart Olson, City Administrator CC: Laura Schraw, Interim Community Development Director �! Joe Wywrot, City Engineer Date: April 30, 2010 kESubject: Blackberry Woods Amendment to PUD Agreement Background: The petitioner has requested to amend the amended annexation agreement and planned unit development agreement pertaining to fees and security deposits, and to clarify obligations to the City. The original agreement is attached for your reference. The language of the amendment is still under discussion between staff and the petitioner. The petitioner is on an expedited schedule due to the terms of their purchase contract, which is why the final language of the contract has not been completed. It is my hope that the Economic Development Committee can give staff and the petitioner some direction on the policy issues in the amendment so that any disagreements between staff and the petitioner can be settled prior to the City Council public hearing. The developer is requesting a substantial amount of changes to City code and policies to make the subdivision viable. As we have seen in the past few years, residential development has halted. The developer has stated that the existing codes and requirements of the City for securities, infrastructure acceptance, impact fees, and other items renders most residential development in the City, and particularly this site, economically unfeasible. Petitioner Requests and Staff Comments/Recommendations: Security Reductions and Infrastructure Acceptance The City's policy on letter of credit (LOC) reductions and public improvement installation dictates that LOCs are reduced as improvements are completed, after 50% buildout, per the Standard Specifications. Blackberry Woods is at 10% buildout and Staff completed a preliminary punch list for remaining improvements. For a typical development the initial LOC is 110% of approved cost of improvements. When an item is substantially complete, is tested and operational, the City will lower or reduce to a level equal to 20% of Engineer's Estimate of Probable Cost . To further reduce the LOC, staff will put together a punch list, have the City Council accept the improvements (done as an entire final plat), and 10% of the LOC will remain for 1 year. At end of 1 year, if all remains acceptable, the LOC will be reduced completely and the City will be responsible for all future maintenance and repair to the infrastructure in the platted unit. The developer is requesting a partial acceptance policy, similar to what was completed within the Windett Ridge subdivision. Instead of accepting the unit's infrastructure all at once, the developer is requesting that we segment the infrastructure into categories and accept the infrastructure as each category within the unit is complete. For example, if the water main is complete in the unit, the City will accept the water main and the warranty period will begin on the water main. This is an advantage to the developer because they are able to relinquish responsibility for a partial amount of the infrastructure within the unit. This is an advantage to the City because the developer will likely be more motivated to complete entire components of infrastructure quickly. This is a disadvantage to the City because we are accepting infrastructure sooner than normal and there is potential for the infrastructure in the subdivision to be damaged by the ongoing construction within the unit. Thus, the staff is recommending that the partial acceptance process be written into the agreement and that the infrastructure most at risk for construction damage, the surface structures (buffalo boxes, storm sewer inlets, etc.) be covered under a section in the agreement which states that any damage to surface structure is to be repaired by the developer. The City has adopted a new policy within past year that when the infrastructure is completed, we calculate an inflation factor on the unit price of each piece of infrastructure. The developer has requested that we not subject them to the new policy with the inflation factor, and staff feels this is reasonable given that the subdivision was approved under the old LOC reduction policy. Furthermore the developer is requesting that the LOC be established at 110% of the original engineer' s estimate of probable cost (as opposed to the updated engineer' s estimate of probable cost — which is slightly higher) and upon partial acceptance of each category of infrastructure, be reduced to 10% at acceptance and remain in place for the warranty period of 1 year. Normally, the initial letter of credit would be reduced from its original amount (110%) to 20% until acceptance and then 10% during the warranty. The developer is requesting that the 20% figure be removed from the equation. For example, if all of the water main is completed within the unit, we would reduce down to 10% through the warranty period. Staff is accepting of the developer' s requests and will draft language accordingly. For this development, two LOCs should be established - one for earthwork and erosion control, and the second for all other items (water main, sewer main, parkway trees, fire hydrants, etc.). The developer is suggesting that the earthwork is substantially complete and therefore should not be required to bond for the improvements, same with the erosion control. The developer is also requesting sidewalks and parkway landscaping have no initial LOC, but as the lots are sold to home builders and building permits are pulled, the City obtain bonding from the builders of those individual lots to guarantee the sidewalk and parkway landscaping will be completed. While this would create a greater administrative burden on the staff, the staff is accepting of the request and will draft language accordingly. The amount of the LOC for each builder will depend on whether the lot is internal (i.e. one frontage with sidewalks and parkway trees) or a corner lot (i.e. two sides with sidewalks and parkway trees). Maintenance of the detention basins The original annexation agreement states that a Homeowner's Association would own the detention basins and landscaped entrance, and maintain these areas. The developer has requested the removal of the HOA, that the City accept the basins as they exist, and the City establish a backup SSA by ordinance to maintain these areas. The developer has indicated that they intend to maintain the basins for a few years before they are turned over. The staff is accepting of the request, but a substantial amount of legal work will need to be completed to establish the backup SSA. Therefore, the developer will have to continue to remain current with their legal deposits and will have to agree to fund the work for the supplemental SSA enactment ordinances. The detention basins do not currently meet the requirements of the landscape plan or the City' s landscape ordinance. The developer is compiling an alternate basin design that will be reviewed by staff and the new landscape plan will have to be approved as part of the agreement. Plagin The subdivision has been recorded as one unit. The eastern portion of the development has streets and most of the other types of infrastructure. The western portion of the development has no streets and only has a portion of looped water main and a sanitary sewer main. The developer has requested that all letters of credit be reduced for the portion of the development that is not completed (the western portion). The staff does not agree with the initial request, but has suggested splitting the existing one unit into two units and vacating the western unit where minimal infrastructure exists. This would mean the individual lots on the western unit would be deleted and the developer would not have to provide letters of credit for infrastructure within the unit — except for the infrastructure that remains in the ground. For that infrastructure, the developer would have to dedicate permanent easements to the City for the infrastructure and would have to maintain letters of credit for that infrastructure as it is vital to the operation of the infrastructure in the eastern unit. Impact Fees The developer is requesting a $2,000 reduction in impact fees. The transportation impact fee is $2,000 per residential unit. The staff has agreed that the transportation impact fee could be waived if the developer would agree to patch, mill, and repave the only regional arterial road to and from the subdivision, Cannonball Trail. Since Cannonball Trail was improved by Kendall Marketplace for the portion south of Veteran's Parkway to just north of John Street, the portion recommended by staff to be improved by the developer in consideration for waiving the transportation impact fee is from the north boundary of Blackberry Woods to the southern terminus of the improvements to Cannonball Trail made by Kendall Marketplace. The value of this work is roughly estimated by staff to be $75,000 which would have a $500 per lot value. This would mean the City would be waiving $ 1 ,500 in transportation impact fees. To make up the additional $500 in requested impact fee reduction, the City Council could waive any of the following impact fees in full or in part - $700 for the Public Works Department, $300 for the Police Department, $500 for the Library, $50 for the Parks Department, $ 100 for the Engineering Department, or $568 for the Parks land-cash fee. Staff seeks the Committee 's direction on impact fee waiver and reduction, as all of the impact fees were established by ordinance to reduce the financial impact of new development. The developer is also requesting an extension of the impact fee lock for an additional eight years (through 2018), and has agreed to the pay the municipal building fee of $ 150 per unit, up front at time of property sale to the development. This is a policy decision for the City Council. Building Codes The developer is requesting an extension on the building code lock through 2020. This is policy decision for the City Council. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) Ordinance No. 2010- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE FIRST AMENDMENT TO THE AMENDED ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Blackberry Woods Subdivision) 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 and Crestview Builders, Inc., an Illinois corporation (the "Owners"), as successors to McCue Builders, Inc. , an Illinois corporation, desire to amend an Amended Annexation Agreement and Planned Unit Development Agreement, to clarify the obligations of the Owners and to ensure completion of the development of Blackberry Woods in accordance with all applicable City requirements, thereby increasing the taxable value of the real property within its corporate limits and to enhance and promote the general welfare of the people of the City. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section I. The above recitals are incorporated and made a part of this Ordinance. Section 2. The attached First Amendment to the Amended Annexation Agreement and Planned Unit Development is hereby approved, and, the Mayor and City Clerk are hereby authorized and directed to execute and deliver same. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2010. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH 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 2010. MAYOR 2 i is caTy� United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 i Telephone: 630-553-4350 Fax: P 630-553-7575 APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Development Name: Blackberry Woods Sub Date of Submission: April 12 , 2010 1 . Name of Petitioner(s): _ Crestview Builders Inc , an Illinois Corporation Individual SS # or Com an Tax ID # Address: Phone Number: Fax Number: Email Address: Relationship of Petitioner(s) to subject property: p Owner 0 Developer -IJ Contract Purchaser 2. Name of holder of legal title, if different from #1 : east] e A- nk , N _A- lf legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). Street address and physical location of subject property: All un—remaining sold lots in Blackberry Woods subdivision in the Township of Bristol , United Citycof b). Legal description of property; attach as Exhibit "A". Yorkville, Kendall County , IL c). Total Acreage: 60 +/- d). Kendall County Parcel Number(s) of property: see attached Exhibit T%" e). Current Zoning Classification: R-2 PUD 0. Zoning Classification Requested if changing zoning: R-2 PUD (no change) Page 15 of 5 United City of Yorkville Amend Ann"afion/PUD Application Revised: 9.14.09 16 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit MR.) nCn 5. Date of Annexation or PUD Agreement sought to be amended: ( 1 ) 7/1 �/O5 ( 2 ) 12/18/07 Name of Agreement: ** Date of Recording: *** Attach a true and correct copy of agreement as Exhibit 3ff. "Dn 6. State the items to be amended from the existing annexation or PUD agreement. See attached Exhibit "E" 7. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Ron Wehrli , Attorney: Name: Daniel J. Kramer Address: Phone Number: Fax Number: Email Address: Engineer: Name: Cemmn Address: Phone Number: Fax Number: Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: ** ( 1 ) Annexation Agreement and Planned Unit, Development Agreement ( 2 ) Amended Annexation Agreement and Planned Unit Development Agreement *** ( 1 ) recorded 5/18/06 as docwnent #200600015095 ( 2 ) recorded 2/28/08 as document #200800005143 Page 16 of 5 United City of Yorkville Amend AnnexationlPUD Application Revised: 9.14.09 17 9. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application "Petitioner Route, Step 1 , Fees and/or contact the Community Development Department for verification of this amount). c. Site Plan (if necessary): 40 sets folded to fit in a 10" x 13" envelope d. One CD containing PDFs of the signed application, exhibits and site plans. The legal description and amendment (draft) documents should be in word.doc format. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: Petitioner(s) Signature: (All I gal property owners of record signatures must appear on this application.) &A , l s lZr e t s Subscribed and sworn to before me this day of . 20061 Notary Seal THIS APPLICATION MUST BE NOTARIZED. m . � " OFFICIAL SEAL " DANIEL J. KRAMER NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES ::1212012 \ Page 17 of 5 United City of Yorkville Amend AMeXation/PUD Application Revised: 9.14.09 19 Agreement: I understand and accept all requirements, fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Community Development Department, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. (/�� r--- Signature of Petitioner \ �ia'/vim ° �✓ l (/� pS 1 , ' I W0 U L Date: S✓1 �v�i � w f Page 19 of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 9.14.09 Daniel 3, Kramer Agent for Stewart Title Guaranty Company 1107 A. South Bridge Street, Yorkville, 1L 60560 Phone (630)553-9500 Fax TITLE COMMITMENT SCHEDULE A-1 : LEGAL DESCRIPTION Commitment Number: 313796DJK The land referred to in this Commitment is described as follows: LOTS 11 31 5161 B, 10, 11, 13, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 32, 33, 35, 37, 380 39, 40, 41, 421 43, 44, 45, 46, 47, 481 49, 51, 52, 53, 54, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67r 68, 69, 70, 73, 75, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 100, 101, 103, 1084 109, 1108 111, 112, 113t 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 127, 126, 129, 131 , 133, 134 , & 135 in BLACKBERRY WOODS, BEING A SUBDIVISION OF PART OF THE WEST HALF OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 21, 2007 AS DOCUMENT NUMBER 200700016272, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. FOR INFORMATION ONLY: SEE LEGAL, (3137%.Ff W313J960.W5) EA.Ibi Daniel 3. Kramer Agent for Stewart Title Guaranty Company 1107 A. South Bridge Street, Yorkville, IL 60560 Phone (630)553-9500 Fax TITLE COMMITMENT SCHEDULE B, SECTION II: EXCEPTIONS File Number: 313796DJK 8, GENERAL REAL ESTATE TAXES FOR THE YEAR 2009 AND YEARS THEREAFTER WHICH ARE A LIEN, NOT YET DUE OR PAYABLE. GENERAL REAL ESTATE TAXES FOR THE YEAR 2008 ARE PAID. TAKIDENTIFICATION NUMBER: 02-29-133-001 (LOT 1) TAX IDENTIFICATION NUMBER: 02-29-133-003 (LOT 3) TAX IDENTIFICATION NUMBER: 02-29-133-005 (LOT 5) TAX IDENTIFICATION NUMBER: 02-29-133-006 (LOT 6) TAX IDENTIFICATION NUMBER: 02-29-133-008 (LOT 8) TAX IDENTIFICATION NUMBER: 02-29-133-010 (LOT 10) TAX IDENTIFICATION NUMBER: 02-29-133-011 (LOT 11) TAX IDENTIFICATION NUMBER: 02-29-132-008 (LOT 13) TAX IDENTIFICATION NUMBER: 02-29-132-006 (LOT 15) TAX IDENTIFICATION NUMBER: 02-29-132-005 (LOT 16) TAX IDENTIFICATION NUMBER: 02-29-132-002 (LOT 19) TAX IDENTIFICATION NUMBER: 02-29-122-018 (LOT 20) TAX IDENTIFICATION NUMBER: 02-29-122-019 (LOT 21) TAX IDENTIFICATION NUMBER: 02-29-122-020 (LOT 22) TAX IDENTIFICATION NUMBER: 02.29.122-021 (LOT 23) TAX IDENTIFICATION NUMBER: 02-29-134-001 (LOT 24) TAX IDENTIFICATION NUMBER: 02-29-326-001 (LOT 25) TAX IDENTIFICATION NUMBER: 02-29-326-002 (LOT 26) ()1i796.PFD,+3t)]96DX3J Daniel 3. Kramer Agent for Stewart Title Guaranty Company 1107 A. South Bridge Street, Yorkville, IL 60560 Phone (630)553-9500 Fax TITLE COMMITMENT SCHEDULE S, SECTION II : EXCEPTIONS (continued) File Number: M796DJK TAX IDENTIFICATION NUMBER: 02-29-326-004 (LOT 28) TAX IDENTIFICATION NUMBER: 02-29-326-005 (LOT 29) TAX IDENTIFICATION NUMBER: 02-29-326-006 (LOT 30) TAX IDENTIFICATION NUMBER: 02-29-327-003 (LOT 32) TAX IDENTIFICATION NUMBER: 02-29-327-002 (LOT 33) ' TAX IDENTIFICATION NUMBER: 02-29-304-004 (LOT 35) TAX IDENTIFICATION NUMBER: 02-29-304-002 (LOT 37) TAX IDENTIFICATION NUMBER: 02-29-304-001 (LOT 38) TAX IDENTIFICATION NUMBER: 02-29-328-001 (LOT 39) TAX IDENTIFICATION NUMBER: 02-29-328-004 (LOT 40) TAX IDENTIFICATION NUMBER: 02-29-328-003 (LOT 41) TAX IDENTIFICATION NUMBER: 02-29-328-002 (LOT 42) TAX IDENTIFICATION NUMBER: 02-29-123-017 (LOT 43) TAX IDENTIFICATION NUMBER: 02 729-123-016 (LOT 44) TAX IDENTIFICATION NUMBER: 02-29-123-015 (LOT 45) TAX IDENTIFICATION NUMBER: 02-29-123-014 (LOT 46) TAX IDENTIFICATION NUMBER: 02-29-123-013 (LOT 47) TAX IDENTIFICATION NUMBER: 02-29-123-012 (LOT 48) TAX IDENTIFICATION NUMBER: 02-29-123-011 (LOT 49) TAX IDENTIFICATION NUMBER: 02-29-123-009 (LOT 51) TAX IDENTIFICATION NUMBER: 02-29-123-008 (LOT 52) TAX IDENTIFICATION NUMBER: 02-29-123-007 (LOT 53) TAX IDENTIFICATION NUMBER: 02-29-123-006 (LOT 54) TAX IDENTIFICATION NUMBER: 02-29-123-003 (LOT 57) TAX IDENTIFICATION NUMBER: 02-29-123-002 (LOT 58) TAX IDENTIFICATION NUMBER: 02-29-123-001 (LOT 59) TAX IDENTIFICATION NUMBER: 02-29-123-030 (LOT 60) TAX IDENTIFICATION NUMBER: 02-29-123-029 (LOT 61) TAX IDENTIFICATION NUMBER: 02-29-123-028 (LOT 62) TAX IDENTIFICATION NUMBER: 02-29-123-027 (LOT 63) TAX IDENTIFICATION NUMBER: 02-29-123-026 (LOT 64) TAX IDENTIFICATION NUMBER: 02-29-123-025 (LOT 65) TAX IDENTIFICATION NUMBER: 02-29-123-024 (LOT 66) TAX IDENTIFICATION NUMBER: 02-29-123-023 (LOT 67) TAX IDENTIFICATION NUMBER: 02-29-123-022 (LOT 68) TAX IDENTIFICATION NUMBER: 02-29.123-021 (LOT 69) TAX IDENTIFICATION NUMBER: 02-29-123-020 (LOT 70) TAX IDENTIFICATION NUMBER: 02-29-302-001 (LOT 73) TAX IDENTIFICATION NUMBER: 02-29-301-013 (LOT 75) TAX IDENTIFICATION NUMBER: 02-29-125-011 (LOT 77) TAX IDENTIFICATION NUMBER: 02-29-125-010 (LOT 78) TAX IDENTIFICATION NUMBER: 02-29-125-009 (LOT 79) TAX IDENTIFICATION NUMBER: 02-29-125-008 (LOT 80) TAX IDENTIFICATION NUMBER: 02-29.125-007 (LOT 81) TAX IDENTIFICATION NUMBER: 02-29-125-006 (LOT 82) TAX IDENTIFICATION NUMBER: 02-29-125-005 (LOT 83) TAX IDENTIFICATION NUMBER: 02-29-125-004 (LOT 84) (3i3N6.PFD/313)96DJ1:/S) Daniel 7. Kramer Agent for Stewart Title Guaranty Company 1107 A. South Bridge Street, Yorkville, IL 60560 Phone (630)553-9500 Fax TITLE COMMITMENT SCHEDULE B, SECTION II: EXCEPTIONS (continued) File Number: 313796DJK TAX IDENTIFICATION NUMBER: 02-29-125-003 (LOT 85) TAX IDENTIFICATION NUMBER: 02-29-125-002 (LOT 86) TAX IDENTIFICATION NUMBER: 02-29-125-001 (LOT 87) TAX IDENTIFICATION NUMBER: 02-29-301-001 (LOT 88) TAX IDENTIFICATION NUMBER: 02-29-301-002 (LOT 89) TAX IDENTIFICATION NUMBER: 02-29-301-003 (LOT 90) TAX IDENTIFICATION NUMBER: 02-29-301-004 (LOT 91) TAX IDENTIFICATION NUMBER: 02-29-301-005 (LOT 92) TAX IDENTIFICATION NUMBER: 02-29-301-006 (LOT 93) TAX IDENTIFICATION NUMBER: 02-29-301-007 (LOT 94) TAX IDENTIFICATION NUMBER: 02-29-301-008 (LOT 95) TAX IDENTIFICATION NUMBER: 02-29-301-009 (LOT 96) TAX IDENTIFICATION NUMBER: 02-29-301-010 (LOT 97) TAX IDENTIFICATION NUMBER: 02.29-301-011 (LOT 98) TAX IDENTIFICATION NUMBER: 02-29-303-013 (LOT 100) TAX IDENTIFICATION NUMBER: 02-29-303-012 (LOT 101) TAX IDENTIFICATION NUMBER: 02-29-303-010 (LOT 103) TAX IDENTIFICATION NUMBER: 02-29-303-005 (LOT 108) TAX IDENTIFICATION NUMBER: 02.29-303-004 (LOT 109) TAX IDENTIFICATION NUMBER: 02-29-303-003 (LOT 110) TAX IDENTIFICATION NUMBER: 02-29-303-002 (LOT 111) TAX IDENTIFICATION NUMBER: 02-29-303-001 (LOT 112) TAX IDENTIFICATION NUMBER: 02-29-124-003 (LOT 113) TAX IDENTIFICATION NUMBER: 02.29-124-002 (LOT 114) TAX IDENTIFICATION NUMBER: 02-29-124-001 (LOT 115) TAX IDENTIFICATION NUMBER: 02-29-122-001 (LOT 116) TAX IDENTIFICATION NUMBER: 02-29-122-002 (LOT 117) TAX IDENTIFICATION NUMBER: 02-29-122-003 (LOT 118) TAX IDENTIFICATION NUMBER: 02-29-122-004 (LOT 119) TAX IDENTIFICATION NUMBER: 02-29-122-005 (LOT 120) TAX IDENTIFICATION NUMBER: 02-29-122-006 (LOT 121) TAX IDENTIFICATION NUMBER: 02-29-122-007 (LOT 122) TAX IDENTIFICATION NUMBER: . 02-29-122-008 (LOT 123) TAX IDENTIFICATION NUMBER: 02-29-122-009 (LOT 124) TAX IDENTIFICATION NUMBER: 02-29-122-012 (LOT 127) TAX IDENTIFICATION NUMBER: 02-29-122-013 (LOT 128) TAX IDENTIFICATION NUMBER: 02-29-122-014 (LOT 129) TAX IDENTIFICATION NUMBER: 02-29-132-001 (LOT 133) TAX IDENTIFICATION NUMBER: 02-29-326-007 (LOT 134) TAX IDENTIFICATION NUMBER: 02-29-301-014 (LOT 135) TAX IDE'N=CATTON NUMBER: 02-29-122-016 (1jOT 131 ) ; OO;,,OCn�;,gn9 Filed fur Record ir. KDOALL MUtD i ILLINIJU PAUL AHUREON 05-18-2001. At QN-IFs nm . OF'UIHANCE 84 . 611 STATE OF ILLINOIS ) RR5P Burchnrer 1l, ,0ii ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- to \ AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT OF BLACKBERRY WOODS WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement and Planned Unit Development Agreement (for the development commonly known as Blackberry Woods) pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11 -15. 1 . 1 , as amended, for the execution of said Annexation Agreement has been fully complied with; and WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; C� Section 1 : The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in fall force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE HURD _ PAUL JAMES DEAN WOLFER _.� MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville; Kendall County, Illinois, this Day of Q, , A.D. 2005, J MAYOR % Passed by the City.Council of the United City of Yorkville, Kendall County, Illinois this \ �. day of _ A.D. 2005'. f ATTEST: V, CITY CLERK l ` \tV OF )ro •. Prepared by: ,:`ca ;,,.....,..,, , John Justin Wyethprporate City Attorney United City of Yorkville ` 5•• s .Y� A ` 800 Game Farah Road •••. ,.,,''.,. :' Yorkville, IL 60560 t6`t 'q l t;: REV. -7/08/05 i ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Blackberry Woods Subdivision) THIS ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the 1AMay of July, 2005 by and between MCCUE BUILDERS, INC, an Illinois Corporation (collectively, "OWNERS"), MCCUE BUILDERS, INC, an Illinois corporation ("DEVELOPER") and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing a residential planned unit development (PUD) known as Blackberry Woods. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential use in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a PUD under the R-2 and R4 Single-Family Residence Districts provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for said Planned Unit Development, to be developed with detached single-family residences within the SUBJECT PROPERTY consisting of approximately sixty (60) acres, legally described in Exhibit "B" attached hereto (with both the R-2 and R4 portion being legally described), all as depicted on the Preliminary PUT) Plan attached hereto and incorporated herein as Exhibit "C", E, All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on May 11 , 2005. City Council conducted the public hearing on the annexation agreement on June 14, 2005. 2 F. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of the Annexation Agreement and Planned Unit Development Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the attached Exhibit "A ' as a Planned Unit Development (PUD) establishing a unique character through the provision of a mix of residential uses in conformance with the United City of Yorkville Comprehensive Plan with open spaces totaling over approximately 11 .88 acres interspersed throughout the development and through the provision of orderly flow of traffic within the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for performance standards in the development of the SUBJECT PROPERTY. 3 Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. (iv) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY, the OWNERS and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement the Petition for Zoning and Annexation and drawings submitted therewith, including the Preliminary PUD Plan, attached hereto as Exhibit "C" and agree that the annexation, zoning and plan for the SUBJECT PROPERY shall be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1 . LEGAL CONFIORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from 4 time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution, 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necp.ssary and appropriate to annex and rezone the SUBJECT PROPERTY under the R-2 and R-4 Single-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for a Planned Unit Development with 132 residences all as shown on the rA Preliminary PUD Plan attached hereto as Exhibit "C", provided that interim use of all or any portion of the SUBJECT PROPERTY as agricultural use shall be 6 ' permitted as legal non-conforming uses of the SUBJECT PROPERTY until such ryX portions are actually developed. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary PUD Plan ( xhibit "C") 3 . VARIATIONS FROM LOCAL CODES. The specific modifications and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit "B" attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY ("Permitted. Variations"). 5 7 i 4. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by tlds Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER within their respective parcels. In the event the CITY cannot obtain the necessary off-site casements for the extension of the water mains, OWNERS and DEVELOPER shall be allowed to extend water mains from other locations to their respective parcels on the SUBJECT PROPERTY within existing easements or rights-of-way. In addition, the CITY agrees that, at DEVELOPER's request, the CITY shall exercise reasonable and best efforts to acquire off-site easements. 5. POTABLE WATER SUPPLY, SANITARY SEWER_ RECAPTURE AND F'MING MECHANISMS. A. The CITY represents to OWNERS and DEVELOPER that the CITY owns potable water, fire flow and water storage facilities and that such facilities will have sufficient capacity to adequately serve the needs of the OWNERS, DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. B. With the respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNERS and DEVELOPER in their efforts to acquire adequate sanitary sewer treatment capacity from the Yorkville Bristol Sanitary District for use within their respective parcels in the SUBJECT PROPERTY as developed pursuant to this Agreement. Additionally, the CITY shall also assist and cooperate with OWNERS and DEVELOPER in their efforts to obtain adequate means of delivery of such sanitary sewer capacity to the SUBJECT PROPERTY 6 i or, in the alternative, shall provide such means of delivery, subject, however, to the requirements I of the Yorkville Bristol Sanitary District where appropriate. The CITY shall seek to obtain such governmental approvals and permits, but in the event that its best efforts are not successful, the CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this Subsection S(B) arising from its inability to obtain such approvals and pern vts; and the CITY undertakes no duty to pay for the extension of sanitary sewer extensions to the SUBJECT PROPERTY. C. The CITY represents to OWNERS and DEVELOPER that neither OWNERS nor DEVELOPER shall become liable to the CITY or any other party. for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY; provided, however, subject to the terms of this Agreement, DEVELOPER shall be responsible to pay sewer and water connection fees. 6. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds in the forms prescribed by the ordinances of the CITY ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development as are required by applicable ordinances of the CITY, The DEVELOPER shall have the sole discretion, subject to compliance with Illinois law, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions r in the Instruments by an amount not in excess of eighty-five percent E5 0%) of he value 'll hN 7 q b certified by the City Engineer of the completed work so lono�the balance remaining in the — �� (� Security Instruments is at least equal to one hundred ten percent (I 10%) of the cost to complete the remaining public improvements for the Development. B. Acceptance of Underground hUrovements and Streets. Upon completion and inspection of underground improvements streets, and/or related improvements of Development, and acceptance by the City Council upon recommendation by the City Engineer, OWNE S and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS' and DEVELOPER's completion thereof for the Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as-b ilt rol nc, C. Transfer and Substitution, Upon the sale or transfer of any portion of their respective parcels within the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security hrstnunent approved by the CITY, securing the costs of the improvements set forth therein. 7. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they 8 `b presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consept of OWNERS and DEVELOPER during said five (5) year period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulatio. n and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so-called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect, If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of 9 di any improvements, buildings, appurtenances, or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, are. amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall i�mv—e to the benefit of the OWNERS and DEVELOPER, and anything to th contrary contai hererd in notwithstanding, the OWNERS and DEVBLOPER with development or �the PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 81 BUILDING CODE, BUILDING PERMITS. A. The building codes for the CITY in effect as of the date of this Agreement and the dates of the latest revisions thereto as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvetents, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall 10 �v i I inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained ! I herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or I construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or I modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after i the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the twelfth (1P) month following the effective date of soh amendments, deletion, or addition, whether during the five (5) years next following the date of this Agreement, or any time thereafter. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the build' �mnly with the new regulations, B. The CITY shall act upon each application for a building permit for which OWNERS and/or DEVELOPER, or their duly authorized representatives, shall apply, within fourteen (14) calendar days of the date of application therefor or within fourteen (14) calendar days of receipt of the last of the documents and information required to support such. application, whichever is later, provided the applicable improvements for which the building permit applies will be constructed and installed in accordance with the approved final plat and approved final engineering for the development within the SUBJECT PROPERTY. If the application is disapproved, the CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including a specification of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building 11 13 permits upon the compliance with those legal and documentary requirements so specified by the CITY. C. Subject to any other necessary governmental regulatory approval, the CITY shall permit OWNERS and/or DEVELOPER, and their duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the SUBJECT PROPERTY provided that each such temporary tank and temporary water facility shall be removed and disconnected within ten (10) days after said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNERS ' and/or DEVELOPER's sole cost, subject to force majeure, The use of such temporary facilities shall be subject to all health and safety codes of the CITY and CITY shall inspect such facilities on a periodic basis. D. Subject to the provisions of Section 11 hereof, no permit fees, plan review fees or inspection fees which are not generally and uniformly applicable throughout the CITY shall be imposed by the CITY against the SUBJECT PROPERTY. 91 FUTURE FINAL PLATS AND FINAL ENGINEERING, The CITY shall act upon any final plat and final engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information, The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5111 -12-8 (2002). 10. FEES AND CHARGES, A. During the first five (5) years following the date of this Agreement, the CITY shall impose -upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap-on and connection fees and charges, and 12 �a in such amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "F". At the expiration of this five (5) year term, the CITY shall give the OWNERS and DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. B, To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or City Ordinance are not frozen by the specific terms contained in this Agreement, such fees may be prepaid as follows: (i) If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the SUBJECT PROPERTY, the CITY will provide OWNERS and DEVELOPER with notice thereof and OWNERS and/or DEVELOPER will be permitted the right to prepay the fees as they existed prior to such increase at any time within thirty (30) days after receipt of the notice of the increase of the fees from the CITY. (ii) OWNERS' and DEVELOPER's right to prepay will apply to all fees or only certain fees applicable to their respective parcels within the SUBJECT PROPERTY as selected by OWNERS and/or DEVELOPER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the SUBJECT PROPERTY for which such fee was prepaid. For fees charged on a per residential unit basis, DEVELOPER may estimate the number of residential units and pay such fees based on such estimated number of units or may prepay for only a certain number (determined by DEVELOPER) of units. 13 Once the calculation is made, no refund of any portion of any prepayment made will be allowed. C. The CITY represents and warrants to OWNERS and DEVELOPER that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY, other than charges to existing drainage districts of record, if any. ill CONTRIBUTIONS. The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 12. SCHOOL AND PARK DONATIONS. DEVELOPER shall be responsible for making the contributions outlined in Exhibit "H and Exhibit "P' to the Yorkville Community School District ##115 ("School District', the City of Yorkville Park Department ("Park Department") and the CITY for the estimated impact and donation that is projected to be experienced by said entities as a result of the development of the Residential Parcel in the manner provided for under this Agreement. There shall be no other school and park contributions required. 134 PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit, DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at not more than two (2) locations at any time within the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite signs") subject to sign permit review and issuance by the CITY. Mite Signs will not be located on public right-of- 14 way. DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs, Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage as identified in Exhibit "G" attached hereto and shall be pefmitted as a permanent sign at the entry of residential neighborhood. 14. MODEL HOMES PRODUCTION UNITS AND SALES TRAILERS. During the development and build out period (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers staffed with OWNERS' and DEVELOPER'S, or such other person's or entity's, sales and construction staff, and may be utilized for sales offices for Blackberry Woods. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY, No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking two (2) cars outside of the adjacent road right•of--way. Building permits for model homes, sales trailers and for up to five (5) dwelling units, shall be issued by the CITY 15 1� upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol-Kendall Fire Protection District.) A final inspection shall be conducted prior to the use of a model home and water service shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational or until temporary service is available, whichever is earlier. Use of models as a model unit only shall not be deemed to be "occupancy" thereof and may be made prior to connection to a sanitary sewer or water system, so long as temporary waste water holding tanks and temporary water facilities are installed to serve them. DEVELOPER may locate temporary sales and construction trailers during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of building permits for all units: A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit and shall execute and deliver to the CITY a hold harmless and indemnification agreement in 16 i form and content reasonably satisfactory to the CITY, so providing, prior to the commencement of construction of any model homes. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units as the Final Plat and Final Engineering is approved by the CITY. 15. CONTRACTORS' TRAIL +SRS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers shall be removed respectively, within thirty (30) days after issuance of the last occupancy permit for each such parcel, subject to force majeure. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 16. CERTIFICATES OF OCCUPANCY, A. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the SUBJECT PROPERTY within five (5) working days after proper application therefor or within five (5) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those 17 jq requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection, The foregoing, however, shall not negate the obligation of OWNERS and/or DEVELOPER to pay all fees otherwise payable for services rendered in connection with the issuance pf certificates of occupancy under applicable CITY ordinances. B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understanding: if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit as soon as weather permits but in any event by the following summer, the CITY shall have the right to withhold the issuance of further building permits to such party until such exterior work has been completed; Notwithstanding the foregoing, if the provision above applies but if the party that failed to complete the driveway and/or sidewalk paving or grading improvements posts Security with the CITY in the amount of one hundred ten percent (110%) of the amount estimated by OWNERS and/or DEVELOPER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to energize street lights installed by OWNERS and/or DEVELOPER on the SUBJECT PROPERTY constitute a basis for the CITY denying the issuance of building permits or a IS 2° certificate of occupancy for buildings and dwelling units constructed or to be constructed within the SUBJECT PROPERTY. 17. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11 -12-8 of the Illinois Com ip led Statutes (2002) ed., shall the CITY require that any part of tie SUBJECT PROPERTY be dedicated for public i purposes, except as otherwise provided in this Agreement or identified on the Concept PUD i Plan, 18, COMMENCEMENT OF IMPROVEMENTS. . I A, The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of construction of utility improvements on the SUBJECT PROPERTY or any Parcel thereof at the sole risk and cost of OWNERS and/or DEVELOPER prior to: (i) approval of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements provided: (1 ) such construction is undertaken at the risk of the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3) the preliminary subdivision plat upon which the improvements are being constructed has been approved by the CITY; (4) the IEPA and the sanitary district that will serve the SUBJECT PROPERTY, as and if applicable, have issued permits for the construction of sanitary sewer and water lines. The CITY agrees to review and, where appropriate, execute IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans; and (5) the construction complies with the CITY'S then existing soil erosion ordinances. OWNERS and DEVELOPER shall indemnify the CITY against 19 d` any claims, actions or losses the CITY may suffer, sustain or incur because another governmental agency takes action against the CITY after OWNERS and/or DEVELOPER undertake development activities on either of their respective parcels pursuant to the provisions of this Subsection 23(B). B. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of mass earthwork and grading on their respective parcels of the SUBJECT PROPERTY or any Parcel thereof prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that OWNERS and/or DEVELOPER has submitted mass grading and erosion control plans to the CITY at least thirty (30) days prior to the commencement of such mass earthwork and grading and complies with the erosion control ordinance of the CITY. C. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of construction and installation of building foundations prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that DEVELOPER have provided for ail-weather access to such Lots on which building foundations are being constructed and installed, in the form of aggregate driveways. Any such installation of foundations prior to acceptance of a final plat of subdivision and final engineering by the CITY shall be at DEVELOPER'S sole risk. Issuance of building permits by the CITY pursuant to this Section shall not be deemed to guaranty the approval by the CITY of any final plat or engineering for the SUBJECT PROPERTY then under review. D. Notwithstanding the foregoing, the SUBJECT PROPERTY or any portion thereof may continue to be used for agricultural and nursery uses as interim uses until the relevant 20 � e portion of the SUBJECT PROPERTY is actually developed. Such uses shall constitute legal, I non-conforming uses of the SUBJECT PROPERTY. 19. COVENANTS. In addition to any architectural control ordinances adopted by the CITY, the DEVELOPER agrees to impose covenants, conditions and restrictions relating to facade materials, accessory structures and ,other building restrictions at the time of final plat submittal for each unit. DEVELOPER shall include provisions in the covenants to provide that the Homeowners I Association shall be responsible for the maintenance of landscaping within the perimeter i landscaping easements, signage provided, and other obligations as determined at the time of final i platting and as referenced in this Agreement. 20. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA). A. Homeowners Association. DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, two Homeowners Associations ("R-2 Association') and ("R4 Association") of all lot owners and a mandatory membership of all lot owners in each Association, one association for the R-2 lots and one association for the R-4.lots, The R-2 Association shall have the primary responsibility and duty to carry out and pay for the maintenance of Common Facilities (defined below) through assessments levied against all dwelling units, A maintenance easement shall be established over all of the Common Facilities located on the final plat for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces. The maintenance described herein shall include, without limitation, the 21 1�' mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall Otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance. The R-4 Association shall have the primary responsibility and duty to carry out and pay for the maintenance of the Common Facilities and all of the yards of the lots in the k-4 Association through assessments levied against all dwelling units. Fences shall not be allowed in any of the yards in the R-4 lots (except to enclose or protect a porch or deck area,) A maintenance easement shall be established over all of the Common Facilities located on the final plat for the Association that undertakes responsibility for the Common Facilities Maintenance. The maintenance described herein shall include, without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance, The R4 Homeowner's Association shall be responsible for the maintenance of all of the yard areas of the R4 lots. The Declaration of covenants and restrictions shall include a paragraph that requires the R-4 Homeowner's Association to maintain all of the yard areas of the R-4 lots. B. Dormant Special Service Area DEVELOPER agrees to the CITY enacting at the time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage. 22 21. ONSITE EASEMENTS AND IMPROVEMENTS, In the event that during the development of the SUBJECT PROPERTY, OWNERS or DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the SUBJECT PROPERTY in accordance with the Preliminary PUD Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be home by the OWNERS and DEVELOPER. If any casement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Preliminary PUD Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS or DEVELOPER, as the case may be. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels unless the relocation involves overhead utilities. 22, DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a development to be commonly known as Blackberry Woods in accordance with the final plat and final engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property fiom the CITY or from any service provided by the CITY. 23 a`� 23. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 24, CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNERS and DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, the United States Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the United City of Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNERS and/or DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the SUBJECT PROPERTY. 256 ADDRESSES. Within fourteen (14) days after the final plat of subdivision is approved, CITY will provide DEVELOPER with the addresses of all lots for the purpose of expediting the process of obtaining utility installations by the applicable utility company or companies. 26. SUBSEQUENT AMENDMENTS. It is understood and agreed that subsequent amendments of this Agreement, may be obtained solely by the owner of any portion of the SUBJECT PROPERTY and the CITY as to such portion without any action or approval of the owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not 24 i 23. CONFLICT IN REGULATIONS. The provisions of this Agreement shall I supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 24, CITY ASSISTANCE, The CITY agrees to cooperate and provide any reasonable assistance requested by OWNERS and DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, the United States Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the United City of Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNERS and/or DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the SUBJECT PROPERTY. 25, ADDRESSES. Within fourteen (14) days after the final plat of subdivision is approved, CITY will provide DEVELOPER with the addresses of all lots for the purpose of expediting the process of obtaining utility installations by the applicable utility company or companies. 26. SUBSEQUENT AMENDMENTS. It is understood and agreed that subsequent amendments of this Agreement, may be obtained solely by the owner of any portion of the SUBJECT PROPERTY and the CITY as to such portion without any action or approval of the owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not 24 included in the aforedescribed amendments without any action or approval of the owners of other portions of the SUBJECT PROPERTY, Rezoning or an amendment of the PUD may be applied for and processed by the CITY without requiring an amendment of this Agreement,. 27. "RIGHT TO FARM" LANGUAGE. The OWNERS and/or DEVELOPER of the property acknowledges that Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county (zoning indicator A-1 or Ag Special Use), normal agricultural practices may result in occasional smells, dust, sights, noise and unique hours of operation that are not typical in other zoning areas. The OWNERS and/or DEVELOPER of the property agree to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate similar language within such other documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 284 RESPONSIBILITIES OF OWNER AND DEVELOPER. The OWNERS shall not be required to perform any of the obligations under this Agreement so long as OWNERS are passive title holders in the SUBJECT PROPERTY and do not act as a developer. Upon the transfer of OWNER' s rights, title or interest or any portion thereof to DEVELOPER, the covenants and obligations of OWNERS and DEVELOPER hereunder as to such portion shall be performed by DEVELOPER. Until such time as any portion is transferred to DEVELOPER the obligations hereunder as to such portion shall not be required to be performed by DEVELOPER as the case may be. The CITY agrees that the OWNERS and DEVELOPER are exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein for the SUBJECT PROPERTY for which they do not act as developer and that the CITY will look solely to the party who develops for such performance. 25 �,1 29. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assims. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY, The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. All Terms and Conditions Contained Herein, This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish io, serve upon any other party in connection with this Agreement shall be in writing and shall be 26 as i deemed effectively given on the date of confirmed telefacsimile transmission, on the date I delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (I) If to OWNERS : Blackberry Woods, LLC P.O. Box 307 Wheaton, Illinois 60189 Fax: (630) 553-3024 i with copies to: Law Offices of Dallas C. Ingemunson, P.C. 226 S. Bridge Street Yorkville, Illinois 60560 Attention: Gregg Ingemunson Fax: (630) 553-7958 (II) If to DEVELOPER: McCue Builders, Inc. P.O. Box 354 Bristol, Illinois 60512 Attention: Bill McCue Fax: (630) 553-1250 with a copy to: Law Offices of Dallas C. Ingemunson, P.C. 226 S. Bridge Street Yorkville, Illinois 60560 Attention: Gregg Ingemunson Fax: (630) 553-7958 (III) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, IL 60560 Fax: (630) 553-7575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, See. 5/11-15. 1-1, et seq., Illinois Compiled Statutes (2002 ed). hi the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or 27 designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. 1. Term of A eemmenl. The term of this Agreement shall be twenty (20) years firm the date of execution of this Agreement. hi the event construction is commenced within said 28 twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and Paragraph Headings, The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement, M K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER' s expense. L. Recitals and Exhibits, The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counteroarts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for due to any CITY imposed moratorium and. shall in no event unreasonably withhold approval of said permits or approval for the final plat of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. 29 P. Legal Challenges. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNERS and/or DEVELOPERS in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter. be possible pursuant to the Illinois Municipal Code E to annex the SUBJECT PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY can be sustained and/or effected. Q. Maor and Minor Modifications, Any modification to any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor . modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. R. Excul U a tion. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, 30 3� the CM, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. S. Effectiveness, This Agreement shall be subject to and shall take effect after the consummation of the transaction between OWNERS and DEVELOPER for the sale of any portion by OWNERS to DEVELOPER. [SIGNATURE PAGE FOLLOWS] 31 IN WITNESS WBEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: CITY: MCCUE BUILDS, INC. By: Name: Its: ?(IC5iJ4- 4 UNITED CITY OF YORKVILLE An Illinois Municipal Corporation By: Title: Mayor Attests Title: City Clerk A , A0AI . ,:•.: DEVELOPER: al.L McCue Builders, Inc. Name: i � � Its: /kt 55j t-.,A j— .34 LIST OF EXHIBITS EXHIBIT "A": Legal Description and Plat of Annexation of SUBJECT PROPERTY EXHIBIT `B": Legal Description For Area Zoned R-2 and R-4 PUD EXHIBIT "C": Preliminary PUD Plan EXIIIBIT "D": Preliminary Landscape Plan EXHIBIT "E": List of Variations EXHIBIT "F": Fee Schedule EXHIBIT "G": Signage EXHIBIT "H": School Contribution EXHIBIT "I": Park Contribution 33 •35 EXHIBIT "A" LEGAL DESCRIPTION AND PLAT OF ANNEXATION OF SUBJECT PROPERTY i i i 34 3 Feb .10 06 01 :56p 630-551-4950 p.1 Vol �.. .. . .. . .. . . .... Vol, 000 w -e �,e,o u.n u»nn 3VKAV , L'Ix 1q) UU2 1 EXHIBR 'A' i PARCEL 1 DESCRIPTION; THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH, RANGE EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29 PER MONUMENT RECORD 76-5266; THENCE NORTH 01 DEGREES 10 MINUTES 20 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 2148.14 FEET ALONG THE EAST LINE OF CONOVER'S PROPERTY PER ALTAIACSM LAND TITLE SURVEY PREPARED BY RE & ASSOCIATES DATED 11-3.05 (DWG#. 2005.12650-002D) TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY, 602.04 FEET ALONG THE LAST DESCRIBED COURSE TO A 3f4 INCH IRON PIPE AT AN ANGLE POINT IN SAID EAST LINE AS ESTABLISHED BY RE & ASSOCIATES PER THE AFOREMENTIONED SURVEY; THENCE NORTH 01 DEGREES 18 MINUTES 22 SECONDS WEST, 739.40 FEET ALONG SAID EAST LINE TO A FENCE NOW MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER (SAID SOUTH LINE BEING COINCIDENT WITH THE SOUTH LINE OF PROPERTY CONVEYED PER DOCUMENT 898707); THENCE NORTH 88 DEGREES 29 MINUTES 62 SECONDS EAST, 2056.92 FEET ALONG SAID SOUTH LINE AND ALONG THE SOUTH LINE OF CIMARRON RIDGE SUBDIVISION AND CIMARRON RIDGE-TWO SUBDIVISION TO A FENCE LINE; THENCE SOUTH 12 DEGREES 48 MINUTES 42 SECONDS EAST, 621 .27 FEET ALONG SAID FENCE LINE; THENCE SOUTH OS DEGREES 60 MINUTES 26 SECONDS WEST, 170.51 FEET ALONG SAID FENCE LINE; THENCE SOUTH 14 DEGREES 56 MINUTES 13 SECONDS WEST, 427.66 FEET ALONG SAID FENCE LINE; THENCE SOUTH 20 DEGREES 12 MINUTES 46 SECOND'S WEST, 102.40 FEET ALONG SAID FENCE LINE TO THE SOUTH LINE EXTENDED WESTERLY OF LOT 41N CONOVER'S THIRD SUBDIVISION; THENCE SOUTH 86 DEGREES 04 MINUTES 25 SECONDS EAST, 99.32 FEET ALONG SAID EXTENDED SOUTH LINE TO THE CENTER LINE OF BLACKBERRY CREEK; THENCE SOUTH 30 DEGREES 04 MINUTES 31 SECONDS DEGREES 24 MINUTES 62 SECONDS WEST, I b.30 FEET ALONG SAID SOUTH CENTER 09 THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST, 2064.73 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL 2 DESCRIPTION: THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29 PER MONUMENT RECORD 76-6255; THENCE NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3389.67 FEET ALONG THE WEST LINE OF THE SAID SECTION PER PLAT OF SURVEY PREPARED BY JAMES M. OLSON ASSOCIATES, LTD., DATED 640-86 (NO. 5512-A) TO THE POINT OF BEGINNING AT THE FENCE NOW MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER (SAID SOUTH LINE BEING COINCIDENT WITH THE SOUTH LINE OF PROPERTY CONVEYED PER DOCUMENT 896707); THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST, 2.19 FEET ALONG SAID SOUTH LINE TO THE EAST LINE CONOVER'$ PROPERTY PER ALTAIACSM LAND TITLE SURVEY PREPARED BY RE & AS SOCIATES DATED 11-3-05 (DWG#; 20054 2650-002D) ; THENCE SOUTH 01 DEGREES 18 MINUTES 22 SECONDS EAST, 739,40 FEET ALONG SAID EAST LINE TO A 314 INCH IRON PIPE AT AN ANGLE POINT IN SAID EAST LINE AS ESTABLISHED BY RE & ASSOCIATES PER THE AFOREMENTIONED SURVEY; THENCE SOUTH D1 DEGREES 10 MINUTES 20 SECONDS EAST, 602.04 FEET ALONG SAID EAST LINE TO A POINT THAT IS 214SA4 FEET NORTHERLY (AS MEASURED ALONG SAID EAST LINE) OF THE SOUTHWEST CORNER OF SECTION 29, AFORESAID; THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST, 2.48 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, FEB-9-2W6 THU 03 : 59POI ID: MC CUE BUILOERS , INC . PAGE: 02-10-2006 14 : 02 MCCUE BLDRS HERRTLRND 6305533636 PAGE1 '3� ..m —� [ SfIElOGiZON TO TBE CITY ll A L g� g T- E �d 9q7 3' !;WWW.£sr Mar T3RTNl.a.,aw0(Vi» xueo..aMa a ].QR'.Gr M ,MNO MMPPM. M0.Aa1.M gHO'..0 m.MV. tIMOZ E whoall, y t mra m..rmnm POtMT OF IF6h/ !! E (N a995W E) Zoz9.,l' eear,vxrwa'f - Eeeexe 'IA. z5 U/llCe s fm`50W w (s m 12UF M 8wp' Al ' Oyg55) Of ANNEUTION 9E C .. VF ' golts Oh' NOD IF 7wL"=mA "AM NI A F&RAT ARV m K TM Yi +w[ Jf, Mei y m Ir .es9m .wM YL s2olz'M- w ;(y m "tea wmr nm1 ar M 2Carsa' M tl m,.LIAEuT�, .M.T 100 PRUNE AAti Sa9a1V25' E 10 Lff_ rZimaw1�.jprA 99.33' copmcs to FA moo FqlFr Lim FFAII "'M (3 m0 9-3o-Florrob ee "QQ IMa n�i iar :M ae.CO' ..a .� tPr s arw'sY' w (s �a%50' M rsosraY s Crn'sz' w lintwor v).MLL MMCr. �W"Is. AM m' WIN. ,9 pg IsCO' .K ..- Movrma•c cmmtala 9 V wwA ` � LR INAFM`C F .WM ow oov%MaaW m laMnMU mvn Tu1�Tfl YNtB I9.®Wa na¢'Y ) 1" KE Al I FtpAW ttmFIKRt C%Ri, � CEMCONr Ltd. Ra 9 Pa a�M� M.awMaa aMMM3 " .wr.. „~o. �° we vorps i wlm n°�ic— a,rM__w.w �mrem�c = .w.� IF a'm' .or..r.ma�..�P - b.mM PC Mr m M.m CAM V.Ir-M FrFAMA AFAMS OF MIAMI Sim K d' EXHIBIT "B" LEGAL DESCRIPTION FOR AREA ZONED R-2 and R-4 PUD R-2 ZONING PARCEL THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION, 3389.57 FEET TO THE LINE OF A FENCE NOW MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER; THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST ALONG SAID FENCE LINE, 1040.11 FEET FOR A POINT OF BEGINNING; THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST, 1019.00 FEET; THENCE SOUTH 12 DEGREES 48 MINUTES 42 SECONDS EAST, 521.27 FEET; THENCE SOUTH 05 DEGREES 50 MINUTES 25 SECONDS WEST, 170.51 FEET; THENCE SOUTH 14 DEGREES 56 MINUTES 13 SECONDS WEST, 427.66 FEET; THENCE SOUTH 20 DEGREES 12 MINUTES 46 SECONDS WEST, 102.40 FEET TO THE SOUTH LINE EXTENDED WESTERLY OF LOT 4 IN CONOVER'S THIRD SUBDIVISION; THENCE SOUTH 86 DEGREES 04 MINUTES 25 SECONDS EAST, ALONG SAID EXTENDED SOUTH LINE, 99.32 FEET TO THE CENTERLINE OF BLACKBERRY CREEK; THENCE SOUTH 30 DEGREES 04 MINUTES 31 SECONDS WEST ALONG SAID CENTERLINE, 48.00 FEET; THENCE SOUTH 09 DEGREES 24 MINUTES 52 SECONDS WEST ALONG SAID CENTERLINE, 15.30 FEET; THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST, 1982.59 FEET; THENCE NORTH 29 DEGREES 14 MINUTES 19 SECONDS EAST, 219.59 FEET; THENCE NORTH 41 DEGREES 48 MINUTES 59 SECONDS EAST, 44.63 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING SOUTH 69 DEGREES 42 MINUTES 40 SECONDS. EAST AND RADIUS OF 200.00 FEET, 150.29 FEET; THENCE NORTH 88 DEGREES 45 MINUTES 41 SECONDS EAST, 370.71 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING SOUTH 81 DEGREES 52 MINUTES 48 SECONDS EAST AND RADIUS OF 400.00 FEET, 130.67 FEET; THENCE SOUTH 72 DEGREES 31 MINUTES 17 SECONDS EAST, 52.67 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING NORTH 34 DEGREES 36 MINUTES 38 SECONDS WEST AND RADIUS OF 300.00 FEET, 179.41 FEET; THENCE NORTH 51 DEGREES 44 MINUTES 34 SECONDS EAST, 272. 15 FEET; THENCE NORTH 38 DEGREES 15 MINUTES 26 SECONDS WEST, 517.31 FEET; THENCE NORTH 36 DEGREES 03 MINUTES 53 SECONDS EAST, 176.55 FEET TO A POINT ON A CURVE, THENCE ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING NORTH 60 DEGREES 45 MINUTES 38 SECONDS WEST AND HAVING A RADIUS OF 350.00 FEET, 83.39 FEET; THENCE NORTH 22 DEGREES 24 MINUTES 51 SECONDS EAST 233.06 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING 34.05 ACRES. 35 EXHIBIT `B" LEGAL DESCRIPTION FOR AREA ZONED R-2 and R-4 PUD (continued) R-4 ZONING PARCEL THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST 6ORNER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION, 3389.57 FEET TO THE LINE OF A FENCE NOW MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER; FOR A POINT OF BEGINNING; THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST ALONG SAID FENCE LINE, 1040. 11 FEET; THENCE SOUTH 22 DEGREES 24 MINUTES 51 SECONDS WEST, 233.06 FEET TO A POINT ON A CURVE, THENCE ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING SOUTH 60 DEGREES 45 MINUTES 38 SECONDS EAST AND 350.00 FOOT RADIUS, 83.39 FEET; THENCE SOUTH 36 DEGREES 03 MINUTES 53 SECONDS WEST, 176.55 FEET; THENCE SOUTH 38 DEGREES 15 MINUTES 26 SECONDS EAST, 517.31 FEET; THENCE SOUTH 51 DEGREES 44 MINUTES 34 SECONDS WEST, 272.15 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING SOUTH 34 DEGREES 36 MINUTES 38 SECONDS WEST AND 300.00 FOOT RADIUS, 179.41 FEET, THENCE NORTH 72 DEGREES 31 MINUTES 17 SECONDS WEST, 52.67 FEET TO A POINT OF CURVATURE, THENCE ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING NORTH 81 DEGREES 52 MINUTES 48 SECONDS WEST AND 400.00 FOOT RADIUS, 130.67 FEET; THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST, 370.71 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING NORTH 69 DEGREES 42 MINUTES 40 SECONDS WEST AND 200.00 FOOT RADIUS, 150.29 FEET; THENCE SOUTH 41 DEGREES 48 MINUTES 59 SECONDS WEST, 44.63 FEET; THENCE SOUTH 29 DEGREES 14 MINUTES 19 SECONDS WEST, 219.59 FEET; THENCE SOUTH 88 DEGREES, 45 MINUTES 41 SECONDS WEST, 74.62 FEET; THENCE NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST, 1241 .43 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING 25.95 ACRES, 36 EXHIBIT "c" PRELIMINARY PUD PLAN 37 �Y� .o�tcr DEVELOPMENT PLAT 6061TLbq .arse „ FOR BLACKBERRY YORK S � �UBDIVISION r 1Rp g" ren n19µr.e u:Sr 5�S rank, .0%, w® r.orirrrow rar ma POINT OF BEEINNMC Q ' 1 .sa 6 c� C' Y' lP A' . ./ Jrl v. _ Y•\ " Np,4ry Mw Is ummu N OPM III N .M . curt NMI LIM OF TIM LIM Or/ ' fr °+ "L:." "°°'°' .�.e...n' r.� °`°°" . u,. r wiI'.. ` 'rr I ZI; LIi m MOMW — °a.i"' < Y+ .✓ j 4; r - i t t_ ,.::.... .wr.,., r..r,. . ... m::,. . .. a 1 JFV[JMk X •T _ sy cr,a:: POLISH NARONAI AWANCE YORNVILLE. ILUN015 64560 McCUE BUILDERS. 505 2 PH1630 55 5 1 48450 1 /' - r4 y 1 - Oy n• � > FAX 63D-553-1250 CEMCON�cONO }✓f � / 'j51 QI 9d 'S3 'f+ l �U, ' .A r r�« yy'�f' °Y t { : / 'r1C�IJ Ltd. c y . _ y r a �- ." f �.,. ,,.00 PI � P� � / MO wWm oII,*slnP TOP N" L � T F i i EJ I IT "D" PRELIMINARY LANDSCAPE PLAN I i 38 1 JI' VIOS4VE 01 EA41AVr to r . �'ti.? � 7? ?r ii{ t r ��, { SBTv�. S5 '�( 'C4'°] SVNN3. ki 45V 5 - p / '� /�✓ 1' 1 % I , — Y n _ Oe$toR%' - .E #9 a r i i'�'bv � c,.'ae:u / lr, �\,'�� 5z + st st k ss�r✓t�sc t�57� �Rr ao ��yrr�. '� . _. y . �' ,�. ` q,N ,,. � I tii3 is 5Q �+` . t vra'v Yq2 ` ✓ 9 \i ��/=919 5 sr. x , Y i i�� s t. �L.�" . . � � I � yt � G, i�� r ��, \ lt�/ l� � ��,•.i,� \ .?k fi itz � ..;%� I ,� . I ' M1 W� / dw r IIIf r_ � [w.b?>uf I ��}i at .25. ; '}L6 f'� 27 � {�iµ�e ♦ �` 3Bp� \_ �-� \ �. \. j : �� ./^' t rl +L . T t�� ,q6,#1 {j' + f�fm •,Ye. ✓ v. T r /I 7ARR u IIJZ, _ J .gym :' a I,SYV. 2°3i, +�sr .r�^ +' A' ,�®B l\, ` ,/\ ul [ '.t arw. r ` '/ ler Yy 3Sn \\ , , /'\� a IN 28 j7j r{56 55 I� SL I 53c I � Y 52 lux" l `f. vl49 y --A -- ..I y1 avz cq \ -'r j wu It t ��L "" AIL lid CwE.MCO N .T Lt.d ISUBE R i IJ >BLAC J , CIU� Y $UIlOERS INlSITE PLAN II,LWO15 0 •• gd ° : j k. _t- EXHIBIT "E" LIST OF VARIATIONS 1 . Lot sizes in the RA District may be less than the 9,000 square feet minimum, but shall be at least 8, 160 square feet. 2. Lot widths in the R-4 District may be less than the 70 feet minimum, but shall be at least 65 feet, 3. Side yards in the R-4 District may be less than the 10 feet minimum, but shall be at least 7 feet. 4. Rear yards in the R-4 District may be less than the 30 feet minimum, but shall be at least 25 feet. 5. Side yards in the R-2 District may be less than the 10 feet minimum, but shall be at least 9 feet. 6. Block length of North Carly Circle may be more than the 1320 feet maximum, and shall be approximately 1,600 feet. 7. Length between streets may be less than the minimum of 400 ft and shall be at least 300 feet. 39 i II EXHIBIT "F" FEESCHEDULE i 40 i Blackberry Woods I FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit $3,000 Separate Yorkville-Bristol Sanitary District fee - made payable to Y,B.S.D. $1 ,400 United City of Yorkville Fees 1 . Building Permit Cost $650 plus $0.20 per square foot $650 + $0.20(SF) 2. Water Connection Fees SF and DU $2,660 2+ Bed Aft NIA 3. Water Meter Cost Detached Units $250 Attached Units N / A 4. City Sewer Connection Fees $25000 S. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $150 Library $500 Parks & Recreation $50 Engineering $100 Bristol-Kendall Fire $1 .000 Development Fees Total $2,800 see note 8. Land Cash Fees "a" below Apartment Townhome Duplex Single Family Park N / A N / A N / A $568.18 School N / A N / A N / A $4,7130 Land-Cash Fees Total $0.00 $0.00 $0.00 $5,348.66 9. Road Contribution $2,000 10. Weather Warning Siren Fee see note "b" below $75/acre Note: PUD agreement specifies that these fees are to be discounted a. For upfront land-cash donations figures, please refer to "Land-Cash" worksheet b. $75 x 60 = $4,500 41 EXHIBIT "G" SIGNAGE The attached renderings are illustrative of size and information. Specific design details may change and are subject to approval. 41 PRECAST' SIGN WITH 6" ETCHED LETTERS PAINTED SLACK. ARCHITECTURAL PRECAST . . VENEER STONE TO BE SELECTED. . 1 21 I 10' I 2 - 3' MONUMENT G ® ' L fff� REINFORCED CONCRETE FOUNDATION TO 460 DEPTH J U 1 2 4 6 DESIGN 9Y STRUCTURAL ENGINEER gICALE: 1{2"=1' i i ii EXHIBIT ��Ii" SCHOOL CONTRIBUTION i . Developer shall contribute the following to Yorkville Community Unit School District 4115, pursuant to the City's Land/Cash Ordinance: six hundred thirty-one thousand, twenty-four Dollars ($631,024.00) (the "Cash Contribution"). 2. Said contribution shall be paid at the time of issuance of building permits in the amount of $4,708.48 per dwelling unit in satisfaction of the United City of Yorkville School District, 42 50 i I I EXHIB « IT I„ PARK CONTRIBUTION i i 1 . Developer shall contribute the following to the Parks and Recreation Department, I pursuant to the City's Land/Cash Ordinance; 4.32 acres consisting of those certain parcels referred to on the Preliminary PUD Plan as the Park Sites (the "Land Contribution") and one hundred fifty thousand Dollars ($150,000.00) (the "Cash Contribution"). 2. Said contribution shall be paid 50% at the time of recording the final plat the remaining 50% at the time of issuance of building permits in the amount of $568. 18 per dwelling unit in satisfaction of the Yorkville Parks and Recreation Department. 43 5� >pn�ririD�i5i 4s 0 ? Gf Fir- (:itf !1 iIi K9,1W';LI :'dill'?1' R`;hltl.`TTN �'. rii+ K.E•:4.5"PI STATE OF ILLINOIS F [+ l l,t fIi F : . rn ss COUNTY OF KENDALL ) ORDINANCE NO. 1007 - AN ORDINANCE AUTHORaNG THE EXECUTION OF THE AMENDMENT TO ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPWMNT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND MCCUE BUILDERS, INC, OWNERS OF RECORD FOR THE BLACKBERRY WOODS suBDTVisIOPN WHEREAS, McCue Builders, Inc. is the DEVELOPER of certain real property within the United City of Yorkville, Kendall County., Illinois commonly known as Blackberry Woods Subdivision; and WHEREAS, said property is the subject matter of certain ANNEXATION :AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND MCCUE BUILDERS, INC, and WIIEREAS, the OWNER has requested at amendment to the Annexation and Planned Unit Development Agreement executed on July 12, 20:05 to provide for amendments to Exhibit IV' of said agreement that amenad the required front and rear yard setback dimensions and.lot coverage ratio for certain lots within the R-4 Zoning Classification of the said subdivision; and W]IER$AS, the OWNER has requested an amendment to the Annexation and Planned Unit Development Agreement executed on July 123 2005 to provide for amendments to section `1 Annexation and Zonin¢' of said agreement and create Exhibit Page 1 ofaIn '` � f �LTJ r. "J" to said agreement creating minimum architectural standards; and WHEREAS, a Public Hearing was held before the City Council of the United City of Yorkville; and WHEREAS, it is in the best interest of the City that the Amendment to Annexation Agreement and Planned Unit Development Agreement be approved; and WHEREAS, a draft of said Amendment to Annexation Agreement and Planned Unit Development Agreement has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 5(11-15. 1-1 , as amended, for the execution of said First Amendment to Annexation and Planned Unit Development Agreement have been fully complied with. 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 Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, the Amendment to Annexation Agreement and Planned Unit Development Agreement. SECTION 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Page 2 of 3 l r IN WITNESS WHEREOF, this Ordinance bas been enacted this l $ day of 2007 by the City Council of the United City of Yorkville. ROBYN SUTCLIFF JOSEPH BESCO — GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS v ROSE ANN SPEARS JASON LESLIE' Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of Z a Q,, �A,� ,A.D. 2007. Bad MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of\ r_ A.D. 2007. ATTEST: CITY CLERK Page 3 of 3 AMENDED ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Blackberry Woods Subdivision) THIS ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement'), is made and entered as of the �`day of December, 2007 by and between MCCUE BUILDERS, INC, an Illinois Corporation (collectively, "OWNERS"), MCCUE BUILDERS, INC, and Illinois corporation ("DEVELOPER") and the UNITED CITY OF YO LE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen (Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". RECITALS: A, OWNERS and DEVELOPER are the owners of record of certain parcels of real estate Iegally described and shown on the Plat of Annexation, attached hereto as Exhibit "A , (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing a residential planned unit development (PUD) known as Blackberry Woods, The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential use in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a PUD under the R-2 and R-4 Single-Family Residence Districts provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for said Planned Unit Development, to be developed with detached single-family residences within the SUBJECT PROPERTY consisting of approximately sixty (60) acres, legally described in Exhibit `B" attached hereto (with both the R-2 and R-4 portion being legally described), all as depicted on the Preliminary PUD Plan attached hereto and incorporated herein as " E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on May 11 , 2005, City Council conducted the public hearing on the annexation agreement on Juno 14, 2005, 2 F. The CTTY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. G, The Corporate Authorities, after due and careful consideration, have concluded that the Execution of the Annexation Agreement and Planned Unit Development Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPER'T'Y described in the attached Exhibit "A" as a Planned Unit Development (PUD) establishing a unique character through the provision of a mix of residential uses in conformance with the United City of Yorkville Comprehensive Plan with open spaces totaling over approximately 11 ,88 acres interspersed throughout the development and through the provision of orderly flow of traffic within the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for performance standards in the development of the SUBJECT PROPERTY. 3 Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies . by development of said real property. (iv) , The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY: I. It is the desire of the CITY, the OWNERS and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and 'effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof; notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, TBEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement the Petition for Zoning and Annexation and drawings submitted therewith, including the Preliminary PUD Plan, attached hereto as Exhibit "C" and agree that the annexation, zoning and plan for the SUBJECT PROPERY shall be approved by the City Council upon the following terns and conditions and inconsideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW, This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from 4 time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to aimex and rezone the SUBJECT PROPERTY under the R-2 and R-4 Single-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for a Planned Unit Development with 132 residences all as shown on the Preliminary PUD Plan attached hereto as Exhibit "C" provided that interim use of all or any portion of the SUBJECT PROPERTY as agricultural use shall be permitted as legal non-conforming uses of the SUBJECT PROPERTY until such portions are actually developed. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, in accordance with the architectural standards as described by Exhibit "J", and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary PUD Plan (Exhibit "C"). 3. VARIATIONS FROM LOCAL, CODES. The specific modification and deviations from the CITY'S ordinances, rules, and codes as set forth in Exhibit "E" attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY ("Permitted Variations"). 5 4. UTILITIES EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER within their respective parcels. In the event the CITY cannot obtain the necessary off--site easements for the extension of the water mains, OWNERS and DEVELOPER shall be allowed to extend water mains from other locations to their respective parcels on the SUBJECT PROPERTY within existing easements or rights-of-way. In addition, the CITY agrees that, at DEVELOPER's request, the CITY shall exercise reasonable and best efforts to acquire off-site easements. 5. POTABLE WATER S1fIPPLY SANITARY SEWER, RECAPTURE AND �T AING MECHAI�TISMS. A. The CITY represents to OWNERS and DEVELOPER that the CITY owns potable water, fire flow and water storage facilities and that such facilities will have sufficient capacity to adequately serve the needs of the OWNERS, DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. B. With the respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNERS and DEVELOPER in their efforts to acquire adequate sanitary sewer treatment capacity from the Yorkville Bristol Sanitary District for use within their respective parcels in the SUBJECT PROPERTY as developed pursuant to this Agreement. Additionally, the CITY shall also assist and cooperate with OWNERS and DEVELOPER in their efforts to obtain adequate means of delivery of such sanitary sewer capacity to the SUBJECT PROPERTY 6 or, in the alternative, shall provide such means of delivery, subject, however, to the requirements of the Yorkville Bristol Sanitary District where appropriate. The CITY shall seek to obtain such governmental approvals and permits, but in the event that its best efforts are not successful, the MY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this Subsection 5(B) arising from its inability to obtain such approvals and permits; and the CITY undertakes no duty to pay for the extension of sanitary sewer extensions to the SUBJECT PROPERTY, C, The CITY represents to OWNERS and DEVELOPER that neither OWNERS nor DEVELOPER shall become liable to the CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY; provided, however, subject to the terms of this Agreement, DEVELOPER shall be responsible to pay sewer and water connection fees. 61 SEgMM INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds in the. forms prescribed by the ordinances of the CITY ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois law, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five percent (85%) of the value 7 certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the Development: B. Acceptance of Underround Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements of Development, and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS' and DEVELOPER's completion thereof for the Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as-built plans. C. Transfer and Substitution. Upon the sale or transfer of any portion of their respective parcels within the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, scouring the costs of the improvements set forth therein. 76 AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they 8 presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written concept of OWNERS and DEVELOPER during said five (5) year period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said five (5) year period, the SUBJECT PROPERTY and its development will be, subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the some to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so-called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of 9 any improvements, buildings, appurtenances, or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 8. BUILDING CODE: BUILDING PERMITS. A. The building codes for the CITY in effect as of the date of this Agreement and the dates of the latest revisions thereto as they presently exist, except as, amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall 10 inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to liWsafety considerations adopted after the date of this Agreement which affects all Iand within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the twelfth (IP) month following the effective date of such amendments, deletion, or addition, whether during the five (5) years next following the date of this Agreement, or any time thereafter. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. B. The CITY shall act upon each application for a building permit for which OWNERS and/or DEVELOPER, or their duly authorized representatives, shall apply, within fourteen (14) calendar days of the date of application therefor or within fourteen (14) calendar days of receipt of the last of the documents and information required to support such application, whichever is later, provided the applicable improvements for which the building permit applies will be constructed and installed in accordance with the approved final plat and approved final engineering for the development within the SUBJECT PROPERTY. If the application is disapproved, the CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including a specification of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building 11 permits upon the compliance with those legal and documentary requirements so specified by the CITY. C. Subject to any other necessary governmental regulatory approval, the CITY shall permit OWNERS and/or DEVELOPER, and their duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the SUBJECT PROPERTY provided that each such temporary tank and temporary water facility shall be removed and disconnected within ten (10) days after said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNERS' and/or DEVELOPER's sole cost, subject to force majeure. The use of such temporary facilities shall be subject to all health and safety codes of the CITY and CITY shall inspect such facilities on aperiodic basis. D. Subject to the provisions of Section 11 hereof, no permit fees, plan review fees or inspection fees which are not generally and uniformly applicable throughout the CITY shall be imposed by the CITY against the SUBJECT PROPERTY. 9. FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY shall act upon any final plat and final engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8 (2002). 10. FEES AND CHARGES. A. During the first five (5) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap-on and connection fees and charges, and 12 in such amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except as otherwise expressly provided for in this agreement an the Fee Schedule attached hereto and made a part hereof as Exhibit "F". At the expiration of this five (5) year term, the CITY shall give the OWNERS and DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. B. To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or City Ordinance are not frozen by the specific terms contained in this Agreement, such fees may be prepaid as follows: (i) If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the SUBJECT PROPERTY, the CITY will provide OWNERS and DEVELOPER with notice thereof and OWNERS and/or DEVELOPER will be permitted the right to prepay the fees as they existed prior to such increase at any time within thirty (3 0) days after receipt of the notice of the increase of the fees from the CITY. (ii) OWNERS' and DEVELOPER's right to prepay will apply to all fees or only certain fees applicable to their respective parcels within the SUBJECT PROPERTY as selected by OWNERS and/or DEVELOPER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the SUBJECT PROPERTY for which such fee was prepaid. For fees charged on a per residential unit basis, DEVELOPER may estimate the number of residential units and pay such fees based on such estimated number of units or may prepay for only a certain number (determined by DEVELOPER) of units. 13 Once the calculation is made, no refund of any portion of any prepayment made will be allowed. C. The CITY represents and warrants to OWNERS and DEVELOPER that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY, other than charges to existing drainage districts of record, if any. 11. CONTRIBUTIONS. The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 126 SCHOOL AND PARK DONATIONS. DEVELOPER shall be responsible for making the contributions outlined in Exhibit "II" and Exhibit 'T' to the Yorkville Community School District #115 ("School District"), the City of Yorkville Park Department ("Park Department') and the CITY for the estimated impact and donation that is projected to be experienced by said entities as a result of the development of the Residential Parcel in the manner provided for under this Agreement, There shall be no other school and park contributions required. 13. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit, DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at not more than two (2) locations at any time within the corporate limits of the CITY as DEVELOPER may designate (individually an "Offstte Sign" and collectively the "Offsite Signs') subject to sign permit review and issuance by the CITY. Offsite Signs will not be located on public right-of- 14 way. DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use ofeach of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CYI'Y. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize siguage as identified in Exhibit "G" attached hereto and shall be permitted as a permanent sign at the entry of residential neighborhood. IA. MODEL HOMES. PRODUCTION UNI'T'S AND SALES Ti2ATT,ERS. During the development and build out period (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers staffed with OWNERS' and DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales offices for Blackberry Woods. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by DEVELOPER Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking two (2) cars outside of the adjacent toad right-of-way. Building permits for model homes, sales trailers and for up to five (5) dwelling units, shall be issued by the CITY 15 upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol-Kendall Fire Protection District.) A final inspection shall be conducted prior to the use of a model home and water service shall be made available within 300' of the model home. There sh411 be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational or until temporary service is available, whichever is earlier. Use of models as a model unit only shall not be deemed to be "occupancy" thereof and may be made prior to connection to a sanitary sewer or water system, so long as temporary waste water holding tanks and temporary water facilities are installed to serve them. DEVELOPER may locate temporary sales and construction trailers during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of building permits for all units. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit and shall execute and deliver to the CITY a hold harmless and indemnification agreement in 16 form and content reasonably satisfactory to the CITY, so providing, prior to the commencement of construction of any model homes. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units as the Final Plat and Final Engineering is approved by the CITY, 15, CONTRACTORS' TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and .DEVELOPER for development purposes. Said trailers shall be removed respectively, within thirty (30) days after issuance of the last occupancy permit for each such parcel, subject to force majeure. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of--way. 16. CERTIFICATES QE OCCUPANCY. A, The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the SUBJECT PROPERTY within five (5) working days after proper application therefor or within five (5) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those 17 requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection. The foregoing, however, shall not negate the obligation of OWNERS and/or DEVELOPER to pay all fees otherwise payable for services rendered in connection with the issuance ttf certificates of occupancy under applicable CITY ordinances. B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understanding; if a certificate of occupancy is issued for such a building or dwell ing unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements 'for such building or dwelling unit as soon as weather permits but in any event by the following summer, the CITY shall have the right to withhold the issuance of further building permits to such party until such exterior work has been completed, Notwithstanding the foregoing, if the provision above applies but if the party that failed to complete the driveway and/or sidewalk paving or grading improvements posts Security with the CITY in the amount of one hundred ten percent (110%) of the amount estimated by OWNERS and/or DEVELOPER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to energize street lights installed by OWNERS and/or DEVELOPER on the SUBJECT PROPERTY constitute a basis for the CITY denying the issuance of building permits or a 18 i certificate of occupancy for buildings and dwelling units constructed or to be constructed within the SUBJECT PROPERTY, 17. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5111-12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of tl e SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Concept PUD Plan. 18. COMMENCEMENT OF IMPROVEMENTS, A. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of construction of utility improvements on the SUBJECT PROPERTY or any Parcel thereof at the sole risk and cost of OWNERS and/or DEVELOPER prior to: (i) approval of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements provided: (1) such construction is undertaken at the risk of the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3) the preliminary subdivision plat upon which the improvements are being constructed has been approved by the CITY; (4) the IEPA and the sanitary district that will serve the SUBJECT PROPERTY, as and if applicable, have issued permits for the construction of sanitary sewer and water lines. The CITY agrees to review and, where appropriate, execute IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans; and (5) the construction complies with the CITY"S then existing soil erosion ordinances. OWNERS and DEVELOPER shall indemnify the CITY against 19 any claims, actions or losses the CITY may suffer, sustain or incur because another governmental agency takes action against the CITY after OWNERS and/or DEVELOPER undertake development activities on either of their respective parcels pursuant to the provisions of this Subsection 23(B). B. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of mass earthwork and grading on their respective parcels of the SUBJECT PROPERTY or any Parcel thereof prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that OWNERS and/or DEVELOPER has submitted mass grading and erosion control plans to the CITY at least thirty. (30) days prior to the commencement of such mass earthwork and grading and complies with the erosion control ordinance of the CITY. C. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of construction and installation of building foundations prior to acceptance of a o final plat of subdivision and final engineering by the CITY, provided, that DEVELOPER have provided for all-weather access to such Lots on which building foundations are being constructed and installed, in the form of aggregate driveways. Any such installation of foundations prior to acceptance of a final plat of subdivision and final engineering by the CITY shall be at DEVELOPER'S sole risk. Issuance of building permits by the CITY pursuant to this Section shall not be deemed to guaranty the approval by the CITY of any final plat or engineering for the SUBJECT PROPERTY then under review. D. Notwithstanding the foregoing, the SUBJECT PROPERTY or any portion thereof may continue to be used for agricultural and nursery uses as interim uses until the relevant 20 portion of the SUBJECT PROPERTY is actually developed. Such uses shall constitute legal, non-conforming uses of the SUBJECT PROPERTY. 19, COVENANTS. In addition to any architectural control ordinances adopted by the CITY, the DEVELOPER agrees to impose covenants, conditions and restrictions relating to fagade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. DEVELOPER shall include provisions in the covenants to protdde that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided, and other obligations as determined at the time of final platting and as referenced in this Agreement, 20a HQMMOM2 RS ASSOCIATION AND DORMANT SPECIAL, SERVICE ARLA (DSSA). A. Homeowners Association. DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, two Homeowners Associations ("B-2 Association") and ("R4 Association") of all lot owners and a mandatory membership of all lot owners in each Association, one association for the R-2 lots and one association for the R-4 lots, The R-2 Association shall have the primary responsibility and duty to carry out and pay for the maintenance of Common Facilities (defined below) through assessments levied against all dwelling units. A maintenance easement shall be established over all of the Common Facilities located on the final plat for the Association that undertakes responsibility for the Common Facilities Maintenance, The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces. The maintenance described herein shall include, without limitation, the 21 mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance, The R-4 Association shall have the primary responsibility and duty to carry out and pay for the maintenance of the Common Facilities and all of the yards of the lots in the R-4 Association through assessments levied against all dwelling units. Fences shall not be allowed in any of the yards in the R-4 lots (except to enclose or protect a porch or deck area.) A maintenance easement shall be established over all of the Common Facilities located on the final plat for the Association that undertakes responsibility for the Common Facilities Maintenance, The maintenance described herein shall include, without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance. The R-4 Homeowner's Association shall be responsible for the maintenance of all of the yard areas of the R-4 lots. The Declaration of covenants and restrictions shall include a paragraph that requires the R-4 Homeowner's Association to maintain all of the yard areas of the R-4 lots. B. Dormant Special Service Area, DEVELOPER agrees to the CITY enacting at the time of final plat approvals a Dormant Special. Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage. 22 21. ONSITE EASEMENTS AND IMPRO MENT& In the event that during the development of the SUBJECT PROPERTY, OWNERS or DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the SUBJECT PROPERTY in accordance with the Preliminary PUD Plan, the CITY shall foully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be home by the OWINTERS and DEVELOPER. If any easement granted to the MY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Preliminary PUD Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be home by OWNERS or DEVELOPER, as the case may be. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels unless the relocation involves overhead utilities. 229 DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a development to be commonly known as Blackberry Woods in accordance with the final plat and final engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the C=, 23 23. CONFLICT IN REGULATIONS. The, provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 24, CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNH1 S and DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency; the United States Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the United City of Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agre es to reasonably cooperate with OWNERS and/or DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the SUBJECT PROPERTY, 25, ADDRESSES. Within fourteen (14) days after the final plat of subdivision is approved, CITY will provide DEVELOPER with the addresses of all lots for the purpose of expediting the process of obtaining utility installations by the applicable utility company or companies. 26. SUBSE!Q NT AIVIENDNJJIi S. It is understood and agreed that subsequent amendments of this Agreement; may be obtained solely by the owner of any portion of the SUBJECT PROPERTY and the CITY as to such portion without any action or approval of the owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not 24 included in the aforedescribed amendments without any action or approval of the owners of other Portions of the SUBJECT PROPERTY. Rezoning or an amendment of the PUD may be applied for and processed by the CITY without requiring an amendment of this Agreement. 276 °°RIGHT- TO FARM" LANGUAGE. The OWNERS and/or DEVELOPER of the property acknowledges that Kendall County has a long, rich tradition in agriculture and respects the role that fanning continues to play in shaping the economic viability of the county (zoning indicator A-1 or Ag Special Use), normal agricultural practices may result in occasional smells, dust, sights, noise and unique hours of operation that are not typical in other zoning areas. The OWNERS and/or DEVELOPER of the property agree to incorporate the "Right to Farm ' language on the Final Plat of Subdivision and incorporate similar language within such other documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 28. RESPONSIBILITIES OF OWNER AND DEVELOPER, The OWNERS shall not be required to perform any of the obligations under this Agreement so long as OWNERS are passive title holders in the SUBJECT PROPERTY and do not act as a developer.. Upon the transfer of OWNER's rights, title or interest or any portion thereof to DEVELOPER, the covenants and obligations of OWNERS and DEVELOPER hereunder as to such portion shall. be performed by DEVELOPER. Until such time as any portion is transferred to DEVELOPER the obligations hereunder as to such portion shall not be required to be performed by DEVELOPER as the case may be. The CITY agrees that the OWNERS and DEVELOPER are exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein for the SUBJECT PROPERTY for which they do not act as developer and that the CITY will look solely to the party who develops for such performance. 25 29. GENERAL PROVISIONS, A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall ran with the land and as such; shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purcbaser. C. All Terms and Conditions Contained Herein, This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be 26 deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (I If to OWNERS: Blackberry Woods, LLC P.O. Box 307 Wheaton, Illinois 60189 Fax: (630) 553-3024 with copies to: Law Offices of Dallas C. Ingemunson, P,C. 226 S. Bridge Street Yorkville, Illinois 60560 Attention: Gregg Ingemunson Fax: (630) 553-7958 (I ) If to DEVELOPER: McCue Builders, Inc. P.O. Box 354 Bristol, Illinois 60512 Attention: Bill McCue Fax: (630) 553-1250 with a copy to: Law Offices of Dallas C. Ingemunson, P.C. 226 S. Bridge Street Yorkville, Illinois 60560 Attention: Gregg Ingemunson Fax: (630) 553-7958 (III) If to CITY: United City of Yorkville Attu: City Clerk 800 Game Farm Road Yorkville, IL 60560 Fax: (630) 553-7575 or to, such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties: E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/l 1-15. 1-1 , et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision,. clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or 27 designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. Y F, Aare This Agreement, and any Exhibits or attachments hereto, may be. amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. III Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term ofd eement, The term of this Agreement shall be twenty (20) years from the date of execution of this Agreement. In the event construction is commenced within said 28 twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CTN and DEVELOPER/OWNERS. J. Utions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER' s expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement, M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one - and the same document. N. No Moratorium. The C= shall not limit the number of building or other permits that may be applied for due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the final plat of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. 29 P. Legal Challenees. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNERS and/or DEVELOPERS in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY can be sustained and/or effected. Q. Major and Minor Modifications. Any modification to any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. R. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, 30 the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. S, Effectiveness. This Agreement shall be subject to and shall take effect after tho consummation of the transaction between OWNERS and DEVELOPER for the sale of any portion by OWNERS to DEVELOPER. [SIGNATURE PANE FOLLOWS] 31 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: CITY: MCCUE BUILDERS, INC. By: Name: C ) ( cam !61 Its: �°t2e S i ce G h UNITED CITY OF YORKVILLE An Illinois Municipal Corporation By: /J0. bA I ., Title: Mayor Attu Title: er DEVELOPER: MCCUE BUILDERS, INC. By-, Name: Its: V C S f H U1 T OF EXHIBITS EXHIBIT "A": Legal Description and Plat of Annexation of SUBJECT PROPERTY EXHIBIT "B": Legal Description For Area Zoned R-2 and R-4 PUD EXHIBIT CCU% Preliminary PUD Plan EXHIBIT "D": Preli minary Landscape Plan EXHIBIT "E": List of Variations EXHIBIT "F": Fee Schedule EXHIBIT "G": Signage EXHIBIT "II": School Contribution EXHIBIT "I": Park Contribution 33 EXHIBIT "A" LEGAL DESCRIPTION AND PLAT OF ANNEXATION OF SUBJECT PROPERTY 34 Fab 10 05 01 :%p 530.551.4950 p.1 y rr ve. _JUU LyV1 , n.\ yJU YJa VY66 VAJll.11 D.KI\O IUKnT , Ia .0 *JVU'® 1 EXHIBIT 'A' PARCEL 1 DESCRIPTION: THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29 PER MONUMENT RECORD 765259; THENCE NORTH 01 DEGREES 10 MINUTES 20 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 7145.14 FEET ALONG THE EAST LINE OF CONOVER'S PROPERTY PER ALTAIACSM LAND TITLE SURVEY PREPARED BY RB & ASSOCIATES DATED 11-3.06 (DWG#: 2005.12850.002D) TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY, 502.04 FEET ALONG THE LAST DESCRIBED COURSE TO A 314 INCH IRON PIPE AT AN ANGLE POINT IN SAID EAST LINE AS ESTABLISHED BY RB & ASSOCIATES PER THE AFOREMENTIONED SURVEY; THENCE NORTH-01 DEGREES 1S MINUTES Z2 SECONDS WEST, 738.40 FEET ALONG SAID EAST LINE TO A FENCE NOW MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER (SAID SOUTH LINE BEING COINCIDENT WITH THE SOUTH LINE OF PROPERTY CONVEYED PER DOCUMENT 890707); THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST, 2056.92 FEET ALONG SAID SOUTH LINE AND ALONG THE SOUTH LINE OF CIMARRON RIDGE SUBDIVISION AND CIMARRON RIDGE-TWO SUBDIVISION TO A FENCE LINE; THENCE SOUTH 12 DEGREES 48 MINUTES 42 SECONDS EAST, 521 .27 FEET ALONG SAID FENCE LINE; THENCE SOUTH 05 DEGREES 50 MINUTES 26 SECONDS WEST, 170,61 FEET ALONG SAID FENCE LINE; THENCE SOUTH 14 DEGREES 58 MINUTES 13 SECONDS WEST, 427.68 FEET ALONG SAID FENCE LINE; THENCE SOUTH 20 DEGREES 12 MINUTES 46 SECONDS WEST, 102.40 FEET ALONG. SAID FENCE LINE TO THE SOUTH LINE . EXTENDED WESTERLY 'OP LOT 4 IN CONOVERTS THIRD SUBDIVISION; THENCE SOUTH 86 DEGREES 04 MINUTES 25 SECONDS EAST, 99.32 FEET ALONG SAID EXTENDED SOUTH LINE TO THE CENTER LINE OF BLACKBERRY CREEK; THENCE SOUTH 30 DEGREES 04 MINUTES 31 SECONDS WEST, 48.00 FEET ALONG SAID CENTER LINE; THENCE SOUTH 09 DEGREES 24 MINUTES 62 SECONDS WEST, 15.30 FEET ALONG SAID CENTER LNE: THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST. FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINO184 PARCEL 2 DESCRIPTION: THAT PART OF THE WEST HALF OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29 PER MONUMENT RECORD 78.6256; THENCE NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 338957 FEET ALONG THE WEST LINE OF THE SAID SECTION PER PLAT OF SURVEY PREPARED BY JAMES M. OLSON ASSOCIATES, LTD., DATED 8.1046 (NO. 5512-A) TO THE POINT OF BEGINNING AT THE PENCE NOW MONUMENTINO THE SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER (SAID SOUTH LINE BEING COINCIDENT WITH THE SOUTH LINE OF PROPERTY CONVEYED PER DOCUMENT 896707); THENCE NORTH 39 DEGREES 29 MINUTES 52 SECONDS EAST, 2,1S FEET ALONG SAID SOUTH LINE TO THE EAST LINE CONOVERTS PROPERTY PER ALTAIACSM LAND TITLE SURVEY PREPARED BY RE & ASSOCIATES DATED 11-3-05 (DWG#: 200542650,002D) ; THENCE SOUTH 01 DEGREES 18 MINUTES 22 SECONDS EAST, 739.40 FEET ALONG SAID EAST LINE TO A 314 INCH IRON PIPE AT AN ANGLE POINT IN SAID EAST LINE AS ESTABLISHED BY R8 & ASSOCIATES PER THE AFOREMENTIONED SURVEY; THENCE SOUTH 01 DEGREES 10 MINUTES 20 SECONDS EAST, 502.04 FEET ALONG SAID EAST LINE TO A POINT THAT IS 2148.14 FEET NORTHERLY (AS MEASURED ALONG SAID EAST LINE) OF THE SOUTHWEST CORNER OF SECTION 29, AFORESAID; THENCE SOUTH 68 DEGREES 45 MINUTES 41 SECONDS WEST, 2.48 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP) KENDALL COUNTY, ILLINOIS, F®-9-EFiO6 THU 03159PM ID: MC CUE B'JILDEFS ) INC . 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YeRSm C l EXHIBIT "B" LEGAL DESCRIPTION FOR AREA ZONED R-2 and R-4 PUD R-2 ZONING PARCEL THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION, 3389,57 FEET TO THE LINE OF A FENCE NOW MONUMENTLNG THE SOUTH LINE OF PROPERTY ONCE OWNED BY T, SPENCER; THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST ALONG SAID FENCE LINE, 1040.11 FEET FOR A POINT OF BEGINNING; THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST, 1019.00 FEET; THENCE SOUTH 12 DEGREES 48 MINUTES 42 SECONDS EAST, 521 .27 FEET; THENCE SOUTH 05 DEGREES 50 MINUTES 25 SECONDS WEST, 170.51 FEET; THENCE SOUTH 14 DEGREES 56 MINUTES 13 SECONDS WEST, 427.66 FEET; THENCE SOUTH 20 DEGREES 12 MINUTES 46 SECONDS WEST, 102.40 FEET TO THE SOUTH LINE EXTENDED WESTERLY OF LOT 4 IN CONOVER'S THIRD SUBDIVISION; THENCE SOUTH 86 DEGREES 04 MINUTES 25 SECONDS EAST, ALONG SAID EXTENDED SOUTH LINE, 99.32 FEET TO THE CENTERLINE OF BLACKBERRY CREEK, THENCE SOUTH 30 DEGREES 04 MINUTES 31 SECONDS WEST ALONG SAID CENTERLINE, 48.00 FEET; THENCE SOUTH 09 DEGREES 24 MINUTES 52 SECONDS WEST ALONG SAID CENTERLINE, 15.30 FEET; THENCE SOUTH 88 DEGREES 45 MINU'T'ES 41 SECONDS WEST, 1982.59 FEET; THENCE NORTH 29 DEGREES 14 MINUTES 19 SECONDS EAST, 219.59 FEET: THENCE NORTH 41 DEGREES 48 MINUTES 59 SECONDS EAST, 44.63 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING SOUTH 69 DEGREES 42 MINUTES 40 SECONDS EAST AND RADIUS OF 200.00 FEET, 150.29 FEET, THENCE NORTH 88 DEGREES 45 MINUTES 41 SECONDS EAST, 370.71 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING SOUTH 81 DEGREES 52 MINUTES 48 SECONDS EAST AND RADIUS OF 400.00 FEET, 130.67 FEET; THENCE SOUTH 72 DEGREES 31 MINUTES 17 SECONDS EAST, 52.67 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING NORTH 34 DEGREES 36 MINUTES 38 SECONDS WEST AND RADIUS OF 300.00 FEET, 179,41 FEET, THENCE NORTH 51 DEGREES 44 MINUTES 34 SECONDS EAST, 272. 15 FEET; THENCE NORTH 38 DEGREES 1$ MINUTES 26 SECONDS WEST, 517.31 FEET; THENCE NORTH 36 DEGREES 03 MINUTES 53 SECONDS EAST, 176.55 FEET TO A POINT ON A CURVE, THENCE ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING NORTH 60 DEGREES 45 MINUTES 38 SECONDS WEST AND HAVING A RADIUS OF 350.00 FEET, 83 .39 FEET; THENCE NORTH 22 DEGREES 24 MINUTES 51 SECONDS EAST 233.06 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTADbaNG 34.05 ACRES. 35 EXHIBIT °B" LEGAL DESCRIPTION FOR AREA ZONED R-2 and R-4 PUD (continued) R-4 ZONING PARCEL THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST 6ORNER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION, 3389.57 FEET TO THE LINE OF A FENCE NOW MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER; FOR A POINT OF BEGINNING; THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST'ALONG SAID FENCE LINE, 1040.11 FEET; THENCE SOUTH 22 DEGREES 24 MINUTES 51 SECONDS WEST, 233.06 FEET TO A POINT ON A CURVE, THENCE ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING SOUTH 60 DEGREES 45 MINUTES 38 SECONDS EAST AND 350.00 FOOT RADIUS, 83.39 FEET; THENCE SOUTH 36 DEGREES 03 MINUTES 53 SECONDS WEST, 176.55 FEET; THENCE SOUTH 38 DEGREES 15 MINUTES 26 SECONDS EAST, 517.31 FEET; THENCE SOUTH 51 DEGREES 44 MINUTES 34 SECONDS WEST, 272.15 FEET TO A POINT .OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING SOUTH 34 DEGREES 36 MINUTES 38 SECONDS WEST AND 300.00 FOOT RADIUS, 179.41 FEET, THENCE NORTH 72 DEGREES 31 MINUTES 17 SECONDS WEST, 52.67 FEET TO A POINT OF CURVATURE, THENCE ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING NORTH 81 DEGREES 52 MINUTES 48 SECONDS WEST AND 400.00 FOOT RADIUS, 130.67 FEET; THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST, 370.71 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING NORTH 69 DEGREES 42 MINUTES 40 SECONDS WEST AND 200.00 FOOT RADIUS, 150.29 FEET; THENCE SOUTH 41 DEGREES 48 MINUTES 59 SECONDS WEST, 44.63 FEET; THENCE SOUTH 29 DEGREES 14 MINUTES 19 SECONDS WEST, 219.59 FEET; THENCE SOUTH 88 DEGREES, 45 MINUTES 41 SECONDS WEST, 74.62 FEET; THENCE NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST, 1241 .43 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING 25.95 ACRES. 36 PRELINUNARY PUD PLAN 37 I let � m �/\/��F�y��. \ � IN CLI IL 3 lee Mt NS mg ell l Ile fig 40 1 } _mss t� 3 :fVcci l , '• +'"'G: i 1 ;.. dull fl�r PIER ERZURUM l �� EXMBIT I'D" PRELIMINARY LANDSCAPE PLAN 38 11' UNVR• E 6W1 EtE f `'�i+��ii� :: ":;!:.-:: ;?yam :'bY• - - - . .'� ...:ar j 9! 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PLAN BUILDERS, INC.YORYVU.m Hinom Q- EXI�TT '°E" LIST OF VARIATIONS 1 . Lot sizes in the R4 District may be less than the 9,000 square feet minimum, but shall be at least 8,160 square feet. 2. Lot widths in the R-4 District may be less than the 70 feet minimum, but shall be at least 65 feet. 3. Side yards in the R-4 District may be less than the 10 feet minimum, but shall bee at least 7 feet., 4. Rear yards in the R-4 District may be less than the 40 feetmimmum, but shall be at least 30 feet. 5. Front yards in the R-4 District may be less than the 30 feet minimum, but shall be at least 25 feet. 6. Side yards in the R-2 District may be less than the 10 feet minimum, but shall be at least 9 feet 7. Block length of North Carly Circle may be more than the 1320 feet maximum and shall be approximately 1 ,600 feet. 8. Length between streets may be less than the minimum of 400 feet, and shall be at least 300 feet. 9. Lot coverage ratio for Lots 51-56, 61-64, 69.725 75-77, 80-84, 86-91, 108-114, and 117-118 may exceed the 30% maximum, but shall not exceed 40%. 39 EXHIBIT "F" FEE SCHEDULE 4 40 Blackberry oods FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit $311)00 Separate Yorkville-Bristol Sanitary District fee - made payable to Y.B.S.D. $1 ,400 United Citv of Yorkville Fees 1 . Building Permit Cost $650 plus $0.20 per square foot $650 + $0.20(SF) 2. Water Connection Fees SF and DU $2,660 2+ Bed Att N / A 3. Water Meter Cost Detached Units $250 Attached Units NIA 4. City Sewer Connection Fees $2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $150 Library $500 Parks & Recreation $50 Engineering $100 Bristol-Kendall Fire 9M Development Fees Total $2,800 see note 8. Land Cash Fees "a" below Apartment Townhome Duplex Single Family Park N / A N / A N / A $568,18 School NIA NIA NA 4 7 0 Land-Cash Fees Total $0.00 $0.00 $0.00 $5,348.66 9. Road Contribution $2,000 10. Weather Warning Siren Fee see note "b" below $75 1acre Note: PUD agreement species that these fees are to be discounted a. For upfront land-cash donations figures, please refer to "Land-Cash" worksheet b. $75 x 60 - $4,500 E)=IT "G" SIGNAGE The attached renderings are illustrative of size and information. Specific design details may change and are subject to approval. 41 PREC45T'SA W 1 61' ETCHED Uh 1E t PAINTED. BLACK. a1 ARCWTECTUMAL PPECAST If VENEER STONE .. ./k. ., TO HE SELECTED. zr i.. 7 3• MONUMENT DETAIL REINFORCED CONCRETE FOUNDATION TO 4S^ DEPTH ® 7 2 Q 6 �. DESIGN B7 STRUCTURAL ENGINEER SCALE: 7121•- I• ACT CF EXI 1T 4W9 SCHOOL CONTRIBUTION 1 . Developer shall contribute the following to Yorkville Community Unit School District #115, pursuant to the City's Land/Cash Ordinance: six hundred thirty-one thousand, twenty-four Dollars ($631,024.00) (the "Cash Contribution"). 2. Said contribution shall be paid at the time of issuance of building permits in the amount of $4,708.48 per dwelling unit in satisfaction of the United City of Yorkville School District. 42 EXMITf6I" PARK CONTRIBUTION 1 . Developer shall contribute the following to the Parks and Recreation Department, pursuant to the City's Land/Cash Ordinance: 4.32 acres consisting of those certain parcels referred to on the Preliminary PUD Plan as the Park Sites (the "Land Contribution") and one hundred fifty thousand Dollars ($ 150,000.00) (the "Cash Contribution"). 2, Said contribution shall be paid 50% at the time of recording the final plat the remaining 50% at the time of issuance of building permits in the amount of $568. 18 per dwelling unit in satisfaction of the Yorkville Parks and Recreation Department, 43 EXHIBIT "J" ARCHITECTURAL STANDARDS All R-2 and R-4 lots that have less than 33% brick or stone on front elevation (foundation walls that are adjacent to street) shall have all of the following enhancements to the front elevation: • $1,500.00 Landscaping Package • Grids in Front Windows • Architectural Shingles All R-2 and RA lots that have less than 33% brick or stone on front elevation shall have at least seven (7) of the following enhancements to the front elevation. • Two (2) Gables Facing Street • Decorative Vent or Window in Gable • Roof Line Across Gable with Shingles • Covered Porch • Bay or Boxed Out Window with Roof • Transom Window • Decorative Glass in Front Door • Windows in Upper Panels of Garage Door • Shutters on Front Windows or Window Wrapped with 4" to 6" Trim Piece • Soffit and Fascia Different Color From Siding • Decorative Trim Above Windows 44 Application & Petition to Amend Annexation or Planned Unit Development (PUD) Agreement Exhibit "E" Page 2 - #6 (State the items to be amended from the existing annexation or PUD agreement.) Petitioner hereby requests the following amendments to the PUD on behalf of itself and the record title owner of the property together with the united city of Yorkville: 1) That the City Ordinance requirement for Letter of Credit to be posted for 20% of entire amount of letter of credit for 1 year after acceptance of improvements be modified to provide that Developer shall post 120% of all uncompleted improvements, but shall not requiring further Letter of Credit for public improvements completed and accepted by the City. 2) That the Subdivision Control Ordinance of the United City of Yorkville shall be modified to provide that the Applicant applying for a Building Permit for each specific lot shall have the primary responsibility to install public sidewalks and parkway trees and to maintain the same for a 1 year period from the date of Final Occupancy Permit being issued by the United City of Yorkville. The United City of Yorkville shall further inspect all curbs, driveway cuts, and public improvements at the time of issuance of Final Occupancy Permit for each residence and any repairs or damage to public improvements on or adjacent to a particular residence shall be the responsibility to repair of the original Applicant for that Building Permit. In order to secure performance of said repairs the united city of Yorkville shall require a Final Occupancy Permit Bond of $ on a per lot basis from the Applicant for each Building Permit. 3) That although a Final Plat of Subdivision for which public improvements are not completed except final lift of asphalt shall be treated as the first Phase; and the area of the subdivision which has some public improvements but not a base coat of asphalt shall be treated as Phase 2. Bonding or Letter of Credit for Phase 2 public improvements shall not be required to be posted until Developer/Owner commences work on Phase 2 improvements. 4) (a) Developer, Crestview Builders, Inc., and the United City of Yorkville agree to lock in current fees on the subject subdivision for a period of 8 years, in consideration of Owner/Developer paying an up-front charge of $ 150.00 per lot within 30 days of Petitioner taking title to the subject real property. (b) The United City of Yorkville hereby waives any payment of any Transportation Infrastructure Fee since no exterior arterial roads are being affected by the development of this community. 5) Petitioner and the City agree to modify Planned Unit Development Agreement to waive the requirement of a uniform maintenance community as an amenity for the area of the development zoned R-4 Residential District. Each individual lot or house owner shall be responsible for maintenance of its exterior building and yard. 6) Petitioner and City agree to amend the existing Planned Unit Development Agreement to provide that the current International Building Code shall be the sole code affecting the development of the subject property for a period of 10 years from the date of execution of this Planned Unit Development Amendment. 7) Petitioner and City hereby agree that all Transition and hnpact Fees shall be paid at time of Building Permit in the amounts provided in the original Planned Unit Development Agreement, and Amendment thereto, and except as amended in this Petition and proposed agreement. 8) That Petitioner and City agree that the detention pond currently installed by the original Developer conforms to the Final Engineering Plans submitted to the City and approved by the City. The City will accept said detention pond and be responsible for maintenance of the same from the date of approval of this Planned Unit Development Agreement Amendment. WHEREFORE, Petitioner prays that a Planned Unit Development Amendment be posted for public hearing with the above requested changes and that by vote of the City Council said changes and amendments be approved as a Planned Unit Development Agreement Amendment. `QED Clr� Reviewed By: Agenda Item Number Legal ❑ EST. 1' 1836 Finance ❑ Engineer ❑ —��-- g Tracking Number 0� L \ W City Administrator ■ 0 Consultant ❑ 1c) U <tEoW ❑ Agenda Item Summary Memo Title: Building Permit Fees — Second Reading Meeting and Date: City Council 5/25/10 Synopsis: This is a recommendation from the Economic Development Committee for proposed revisions to Title 8, Article 10 : Building Permit Fees of the United City of Yorkville Code of Ordinances. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached memo, supporting documents/research and draft ordinance. c,,` � Memorandum To: City Council ESL 1636 From: Krysti J. Barksdale-Noble, AICP, Community Development Director CC: Bart Olsen, City Administrator ® ® D \ u1 Paul Zabel, Building Code Official Date: May 7, 2010 ®®•� Subject: Building Permit Fees This item was discussed at the last Economic Development Committee (EDC) meeting held on Tuesday, May 4, 2010. It was the recommendation of the EDC to approve the proposed revisions presented by Staff regarding the City's Building Permit Fee Schedule with the exception of a permit fee for portable (temporary) swimming pools. The attached draft ordinance has been revised to reflect the recommendation of the EDC and is submitted for your consideration. Staff has also attached supporting research of other local community building permit fee schedules for your reference. Ordinance No. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE BUILDING DEPARTMENT FEE SCHEDULE BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows : Section 1. Title 8, Article 10 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 1 in its entirety and replacing it with the following: 8-10-1 : FEE SCHEDULE; PAYMENT OF FEES; FEE WAIVER; MISCELLANEOUS FEES; SURCHARGE;STOP WORK ORDER; REFUNDS ; CERTIFICATE OF OCCUPANCY; SEWER CONNECTION FEE : The hereinafter set forth fee schedule for the building department is the applicable fee rate schedule for the United City of Yorkville: FEE SCHEDULE: BUILDING PERMIT FEE: New -Commercial . . .... . . . .. .. . .. ... . .. . ... . ... . ... . . .... . ... . . . .. . .... . .. $750.00, plus $0.20 per square foot Addition — Commercial.. . .. ... .. . .. . . .. . ... . ... . . ... . . .... . . .. . . . .. . ... $500.00, plus $0.20 per square foot Alteration —Commercial. .. . .. . .. . .. . .. . . .. . . ... . . ... . ... . . .... .. . . . . .. . $350.00, plus $0. 10 per square foot New - Multiple-Family Residential . . .. . . . ... . ... . . . . . . . ... . ... . . $350.00, plus $0. 15 per square foot Alteration — Multiple-Family Residential . . .. . . . .. . . ... .... . . . $ 175.00, plus $0. 10 per square foot New — One and Two Family Residential .... . ... . . ... . .... . . . $650.00, plus $0.20 per square foot Addition — One and Two Family Residential .. . .... . .... ... $ 125 .00, plus $0. 10 per square foot Alteration — One and Two Family Residential .... . . ... . ... . . $50.00, plus $0.05 per square foot IMPROVEMENTS REQUIRING A PERMIT: (Plan Review Fee Included) Commercial/Residential Roofing.. . ... . .... . ... . . .... .... . . . .. . ... . . ... ... . . ... . .. . . ... . .... . .... . .. . . . . . ... .. ..$50.00 Fence, Patio, Window Replacement, or Siding ... . . .. . . .. . .... ... . .. . . . ... . . .. . . ... . .... . ... ... . ... ... ..$50.00 Deck . ... . .. ... . .... . . . .. . .. . . ..... .. .. .. .. ... ... . ... . . .. . . . .. . . . .. . . . .. . . ... . . ... .... . ... ... . . ... . .... .... . . .. . . .... ... . ... ...$ 135 .00 Residential Driveway. . . . .. ... .. . .. . ... .... .... . . ... . . ... . . .... ... .... . . ... . ... . ... . . .. . ... . . ... . . ... . . ... . .. . ... . .. . . .$50.00 Commercial Driveway / Parking Lot . . ..... . .... . . . . . . ... .... . 0.. . .... .. 0. ... . .... . .... . ... . . .. . . ... .... .. ... .$90.00 Plus any additional engineering review fees (per Resolution 2002-27), plus any .. ... . . .. . .. . . .. .... . .. .. . .. . . .. . ..... . . . . .. .. . .. . ... . .... . ... . 6 ... . . ... . . ... . 6 . .. ... . . .. . . .. . .. . . ... . additional consultant fees Storage Shed, Pergola, Arbor, or Gazebo . . . ... . . .. . . ... . ... . . .. . . 6 . 6 . ... 6 .. . . .... . ... . . ... . .... ... . ... . .. ..$50.00 In-ground Swimming Pool . .. . .. . ... . ... . ... . . ... . . ... . . ... . . .. . . ... . ... . . .. . ... . . ... ..... .... .. .. . . ... . ... . .. . .. .$ 135.00 Above-ground Swimming Pool . . .. . . . .. . . . ... .. .. . . .... . ... .... . ... . .... ... . .... ... . . .... . . .. . . . .. . . .. . . .. . ... . .$90.00 Portable (temporary) Swimming Pool .... . .... . ... . . .... .... . ... ... . . .. 6 . .. . . ... . . .. . . .... . ... . . NO CHARGE Electrical Service Panel Replacement ... . .... . . ... . ... . . ... ... 6 . ... . 0. . .... . ..4 . . ..4. . ... . .... . ... . .. . . .. . . . .$50.00 Electrical Alteration (excludingfixture replacement).. . %.. . ... ...4 . ... . .. .. . ..... . ... . ... . ... . .. . . .. .$50.00 Sign Permit (without electric) . . . .. 6 ... 66 ... 66 ... 6 . ... . . .6.q ..q . . 0. . . .. . ... . ... . . 0.q . %.. . . %.. . . .... . ... . .. . ... . .. . .$50.00 Sign Permit (with electric) . .. . .. . ... .. ... . .. ... . . .. . .. . ....... .... . ...... .... . . .. . .. .. . .. .. . .. . .. . ... ...... .... . ..$ 100.00 Plumbing Alteration (excluding fixture replacement) .. . . . .... .... $ 135 .00, plus any additional .. . . .. . ... .. . .. . .. ... . .. . .. . .... . ..... . ... .... .. . . . . . . .. . . .. .. . . . . . . ... ..... ..... . . .... . . ... . . ... . .. . . . .. .. . .. ... . .. . . .. consultant fees DetachedGarage ... . .. . . .. . 0. ... . ... . .. .. . .. . .. . .. . . .. . .. .. .... . .... 6 6 ..... . ... Oq . . . 0. .. . .. . ... .... . . ... . . ... .$ 180.00 DemolitionPermit. ... . 664 ... ..4 . ..q .. . .q . . . .. . .. . .0. . . qq . . . . . . 0.. . . .... . . .... . . . .. . .. . .. 6 .. 6 . 6 .. . 64 ... . &A4 . ..... .... ... 6$90.00 BuildingRelocation . .. . ... . .. . .. . .. . .. . .. 6 .. . .. . ... ... . ... . ....46 ... 6 . ...4.. . ... . . .. .. . .. ... .. . .. ... . .. . . .... . .... . ... .$50.00 Temporary Parking (travel trailers) . .. . .. . .0. . .... .... . . ... . %..... . .. ... . .66 .. . .4 .. . 4 4 . . . .. . .0q . ,0..q . ..qq ..q$200.00 Tent or similar type structure . 6 .4 ... . .A . 6 ..qq . .... . . o... . . . ... . . ... ..4 ..4 . . .. . &. ..q . .. . ... . . . .Oq . . ..4 ..$50.00 Elevator/Escalator Units . . .. . . . . .. ... . .. . .. . .. $50.00 per unit, plus any additional consultant fees "Other" permits not listed that require code compliance or inspection approval .. . . ..$50.00 "Occupancy Permit" .... . .. . . .. . .. ... . .. ... .. . ... ... . ... . ..... . . .. .4 . ..4.. . . ... . . .. . . . .. . . . .. . . . ... . ... . . .... .... . ... .$50.00 "Temporary Occupancy Permit... . ... . 0. ... . ... . 0.. . .... . . ... . . 4444.. . ... . ... . .. . .. .. . . . .. ... . ... . ... . . . .. .. ...$200.00 PLAN REVIEW FEES: New -Commercial .. . ...... . .. .. . Plan review fee based on the size of the building in cubic feet . .. . .. . .. .. . .. . . .. ... .... . .. ... . . .. . .. . . ... .. . .. ... ... .. . . . .. . ... . ... . . . ... . . ..... . . .... ... ... ... .. . . . . (refer to table below) Building Size Plan Review Fee Up to 60,000 cubic feet $355.00 60,001 to 80,000 cubic feet $400.00 80,001 to 100,000 cubic feet $475.00 100,001 to 150,000 cubic feet $550.00 150,001 to 200,000 cubic feet $650.00 Over 200,000 cubic feet $650.00, plus $6.50 per 10,000 cu. ft. over . . . . . . . . . . . . . .. . . .. ... .... . ..... . .... ... . .. . .. . .. ... ... ... . .. . . ... . .... .. ..... . ..OR, any consultant plan review fees Alteration —Commercial . ... . . Plan review fee based on the size of the building in cubic feet .. . . . .. ... .... .. .. . . .. . .... . . .... ...... . .. . . ... ... .. . .. . .. ... . .. . . .. . . .. .. . .... . . ... . . . .... . 4 ... . .. .. . .. . . . .. (refer to table below) Building Size Plan Review Fee Up to 60,000 cubic feet $177.50 60,001 to 80,000 cubic feet $200.00 80,001 to 100,000 cubic feet $237.50 100,001 to 150,000 cubic feet $275.00 150,001 to 200,000 cubic feet $325.00 Over 200,000 cubic feet $325.00, plus $3.25 per 10,000 cu. ft. over OR, any consultant plan review fees New -Residential... . ... . . . ... .... . .. . .. . .. . . . . .. ... . .. . . ... 6 ...... . . .... . ..... . . .. . . .. . $ 100.00 per "dwelling unit" . .... . .. . .. . .. . .. .. . ... . .. .. .. . .. . . . . ... . ... . .. . .. . .. . .. . .. . .. . ... ..... . .... . . . .. . . . ..OR, any consultant plan review fees ENGINEERING REVIEW FEE: .. . . . . ... . .. 6 . .. ... ..... . . .... . 6 . .... . See section 11 -8-2 of this code (Res. 2002-27, 8- 13-2002; amd. Ord. 2004-52, 9-28-2004) FIRE PROTECTION SYSTEMS: 2 Fire Detection / Alarm Systems $ 115.00 per 10,000 sq. ft. of floor area, .. . . . .. . . .. . .. . .. . .. 6 .. . . .. . . .. . ... . ... .. . ... . ... .... ... . .. 061. 6 ... ... .... 6 ... . .... . ....466 ... . . . .. . . .. .. OR any consultant fees Fire Sprinkler Systems .. .. . . . This fee based on the following criteria (refer to table below): Number of Sprinkler Heads Permit Fee Up to 200 $250.00 201 to 300 $300.00 301 to 500 $400.00 Over 500 $450.00, plus $0.60 per sprinkler over 500 OR, any consultant fees ALTERNATE FIRE SUPPRESSION SYSTEMS: Standpipe.. .. . ... . . . . . . . . ....... . .. . ... . .. . . .. . . .. . . .. . ... . .. . ... .... . .... ... . . ..... . ..... . ..4 . .. . $ 175 per standpipe riser Specialized extinguisher agent (dry or other chemical agent) . .. . . $ 125 per 50 pounds agent Hood and duct cooking extinguisher agent. .. . ... . ... 66 .. . .. .... . ... . 64 ... . .. $ 150 flat rate, per system .. . ... . .... ... ... . . . .. . . ... ... . .... . . . . .. . ... .... .... .... ... . . .. . .. . ... . ... ... . . ... . ...... . ...... .. . . .. . . OR, any consultant fees PAYMENT OF FEES : A permit shall not be valid until the fees prescribed by law have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, has been paid. FEE WAIVER FOR PUBLIC GOVERNMENTAL AGENCIES: Permit fees associated with construction, alteration, or addition to any public governmental agency may be subject to a 50-100% discount with approval and consent of the City administrator. All out-of-pocket expenses and charges by outside agencies or consultants shall be paid in full prior to final approval and/or issuance of the Certificate of Occupancy. MISCELLANEOUS FEES : During the construction or remodeling process, inspections shall be made to ensure compliance with applicable building codes, ordinances, or any State and Federal regulations. Plumbing Inspection Fee.. .... . ... . . .. . . o.. . ... . .. . %.. . ... . ..4 . . ... $45 .00 / each, OR any consultant fees Miscellaneous Inspection fee ... . ... . . .. . . .. . ... .... .... . .. . . . . . . .... . .... . .... . ... . ... 6 . 6 .. . .. . . .. . . . .. $35.00 / each In the event that a building official or City engineer determines, after a requested inspection, that the work fails to comply with the approved plans associated with the permit or fails to meet the requirements imposed by a local Ordinance or a State Statute, the permit holder may be subject to re-inspection fees in accordance with the following schedule: Building Department., .. . . . . ... . I " Re-inspection - $50.00, 2"d Re-inspection - $75.00, 3 . .. . . ... . ... ... . ... .. . . ..... .... . ..... . .. . .. . .. ... ... ... . .. . ... . ... . . . .. . .. . . . 3 or more Re-inspections - $ 100.00/each Engineering Department . . .. .. . . . . .. . .. . ... ... . .... . . .. . ... . .. . . ... .... . ... . . .. Re-inspections - $ 100.00/each SURCHARGE : It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by the building code, or cause same to be done, in conflict with or in violation of any of the provisions of the building code. Any work performed prior to obtaining the appropriate permit shall be subject to a permit fee surcharge in the amount of 50% of the permit fee at a minimum charge of $50.00. STOP WORK ORDER: Upon notice from the building official that work on any building or structure is being prosecuted contrary to the provisions of the locally adopted building code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work will be permitted to resume. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines in the amount of $200.00 - $750.00 per offense. Each and every day constitutes a separate offense and shall be fined accordingly. REFUNDS: Any and all permits subject to a refund shall be subject to review and approval by the City administrator. CERTIFICATE OF OCCUPANCY: No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a Certificate of Occupancy therefor as provided herein. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of the building code or of other ordinances of the United City of Yorkville. Certificates presuming to give authority to violate or cancel the provisions of the building code or other ordinances of the United City of Yorkville shall not be valid. SEWER CONNECTION FEE: A. A fee is hereby established payable for each PE or drain unit at the issuance of every building permit issued by the city, for any parcel of real property located within the sanitary sewer service area depicted in exhibit A attached to ordinance 1997- 11 and on file in the office of the city clerk and incorporated herein by reference. 4 1 . For purposes of residential sanitary sewer conversions, PE shall be calculated at the rate of $25 .00 per PE for single-family residential properties. 2. For all other properties the fee shall be calculated on the basis of $25.00 per drain unit, as calculated per ordinance 1996-11 (see section 7-6-4- 1 of this code). 3 . The above fees will, in addition, accumulate interest from the time of expenditure by the city at a rate of 8 percent per annum. B. The above fees are to be paid for all building permits issued on real property located within the sanitary sewer service area depicted in exhibit A attached to ordinance 1997- 11 and on file in the office of the city clerk and incorporated herein by reference, for which a new sanitary sewer connection is required. C. The fee is applicable to both property within the city and property outside the city boundaries which hook on to the city sanitary sewer system and are serviced by Yorkville-Bristol sanitary district plant. D. This fee shall be required to be paid on all affected real properties after the effective date of the ordinance codified herein is passed and approved by the city council; and due publication thereof. E. The fees to be charged under the terms of the ordinance codified herein shall be imposed for a period of 20 years from the date of the passage of the ordinance codified herein. This fee is in addition to any other fees charged by the city for any other purpose including any other sanitary sewer fees. (Ord. 1997-11 , 5-22- 1997, eff. 6- 1 - 1997) Section 2. All ordinances or parts of ordinances conflicting with any of the provisions of this Ordinance shall be and the same are hereby repealed. Section 3. If any Section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2010. CITY CLERK 5 ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH 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 2010. MAYOR 6 Page 1 Permit Fee Comparison 03.31-10 Deck $ 50 $ 135 Commercial Driveway ! Parking Lot $ 50 $ 90 Plus any consultants fee In-ground Swimming Pool $ 50 $ 135 Alcove-ground Swimming Pool S 50 $ 90 Plumbing Alteration (excluding fixture replacement) $ 50 $ 135 Detached Garage $ 100 $ 100 Temporary Parking (travel lrallers) $ 200 $ 50 Plumbing Inspection Fee $ - $ 45 Miscellaneous inspections Variable $ 35 Surcharge (i.e. work performed without a permit) $ - $ 50 or 50% of the permit fee, whichever is greater $50 first re-inspect $100 $75 second re-Inspect Re-inspections (per inspection) $100 third re-Inspect Portable (temporary) Swimming Pool it 50 $ - Mad — Ra$dengni - $ - $ 100 PWs any consultant fees Page 1 Page 2 Permit Fee Comparison 03-31-10 7777-7momm w =COtnmdiclsl $ Y50 Plus $0.20 per square foot lOOn — Comme�Ual $ 500 Plus $0.20 per square fool ation — Commercial $ 350 Plus $0.10 per square fool Blple•FamBy Residential $ 350 Plus $0.15 per square foot Multiple-Family Residential $ 175 Plus $0.10 per square foot wo Family Dwelling Resttlenlial $ 650 Plus $0.20 per square tool ne & Two Family Residential $ 125 Plus $0.10 per square Toot ne & Two Family Residential $ 50 Plus $D.OS per square tool CommemiallResidenlial Roofing $ 50 Fence, Patio, Window Replacement, & Siding $ 50 Residential Driveway $ 50 Storage Shed, Pergola, Arbor, or Gazebo $ 50 Electrical Service Panel Replacement $ 5o Electrical Alteratton (excluding fixture replacement) $ 50 Sign Permit (vrilhout electric) $ 50 Sign Permit (with electric) $ 100 Demolition Permit $ 5o Building Relocation 5 50 Tent or similar type structure S 50 Elevator(Escalator Units $ 5D plus any consultant fees °Other" permits not listed $ 50 °Occupancy Permil4 $ 50 'Temporary Occupancy Permd" $ 200 Fire Detection I Alarm Systems $115.00 per 10,000 sq. ft.of floor area or any consultant fees Engineering Re-Inspections $ 100 He Sprinkler Systems Up to 200 $ 250 201 to 300 $ 300 301 10500 $ 400 Over 500 $ 450 Plus $0.60 per sprinkler over 500 or any consultant fees New— Comm unial Bulld" 1 to 60,000 cubic feet $ 355 60,001 to 80,000 cubic feet S 400 80,001 to 100,000 cubic feel S 475 100,001 to 150,000 cubic feel S 550 M,001 to 200.000 cubic feel $ 650 Over 200,000 cubic feet $ 650 Plus $6.50 per 10,000 cubic feet over 200,000 Alteration — Commercial Building 1 to 60,000 cubic feel $ 178 60,001 to 80,000 cubic feel $ 200 80,001 to 100,000 cubic feel $ 238 100,001 to 150,000 cubic feel $ 275 150,001 to 200,000 cubic feel $ 325 Over 200,000 cubic feet $ 325 Plus $3.25 per 10,000 cubic feet over 200,000 Alternative Fire Suppression Systems Standpipe $ 175 per standpipe riser Specialized extinguisher agent $ 125 per 50 pounds agent Hood and duct cookigg exlin huisher agent $ 150 flat rata per astern Page 2 VARIOUS MUNICIPALITIES PERMIT FEES MUNICIPALITY DECK COMM IN- ABOVE PLUMBING DETACHED TEMPORARY RESIDENITAL PLUMBING (D) DRIVEWAY GROUND GROUND ALTERATION GARAGE PARKING PLAN INSPECTION POOL POOL TRAVEL REVIEW FEE A TRAILERS G Yorkville 135 90 135 90 135 180 200 100 45 (Proposed) Sugar Grove 89 60 + 300 55 300 243 (F) No Permit 10% Permit 35 Consultant Fee Fees Plano 50 No Permit 50 50 B 51 per Drain 409 F No Permit 0 0 Oswego 96 325E 96 and up 96 142 H 230 F No Permit 168 50 Mont qomery 68 30 9 per 100s q' 55 205 No Permit 125 50 Inf. 150 Kendall County 125 125 150 100 75 100 and up No Permit 176 50 Aurora 70 No Permit 446 (F) Inflatable 210 70 No Permit 10% 0 es Minooka 35 245E 150 100 125 H 275 No Permit 100 40 North Aurora 69 No Permit 28/100s ' 52 185 417 F No Permit 12%Permit Fee 95 St. Charles 70 70 185 55 151 .40 H 90 No Permit 125 (l) 65 (A) Includes temporary inflatable pools (B) Only 8 In-ground pool permits issued, the Code Official said they lose money on each one (C) Based on a 20200 sq ft home (D) Deck fee based on 340 sq ft (E) Based on $22,000 Driveway (F) Based on $25,000 (G) Residential only (H) Based on $10,000 project (1) Submittal Fee C/py Reviewed By: Agenda Item Number J� O� Legal ❑ /� i EST 1836 Finance ❑ Aa yw n ' 1 Engineer ❑ 4 b, y City Administrator ■ Tracking Number Police ❑ `��? Human Resources ❑ ( � CE Public Works ❑ City Council Agenda Item Summary Memo Title: REC Center Memberships for City Employees City Council / Committee Agenda Date: City Council — May 25, 2010 Synopsis: Proposal to allow employees a free basic membership to the REC Center. 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: ciry06 Memorandum To: City Council Es . , �`= teas From: Bart Olson, City Administrator O ® W CC : .Q p Date: May 21 , 2010 Subject: REC Center memberships for employees CE This agenda item was discussed at the May 2010 Administration Committee and was passed out of the committee without a formal recommendation. The proposal to be discussed is to give employees who are eligible for health insurance a free basic membership to the REC Center. There are financial benefits and work production benefits to the City that can be realized from encouraging employees to use the REC Center. Details on those benefits are included in the attached materials from the Administration Committee meeting. The City Council can approve the proposal by motion. ,QED CITY Jam` Memorandum To: Administration Committee EST. 1836 From: Bart Olson, City Administrator 4 ® y CC: 9 p Date: May 13, 2010 Subject: REC Center memberships for employees CE This agenda item was last discussed in January 2009. At that time, the City Council chose to approve a discount on premium memberships for employees. The normal rate of a premium membership is $600 per year with a $50 enrollment fee and the discounted rate is $360 per year with a $50 enrollment fee. Under the current discount program, only a few employees have elected to use the discount program. This agenda item was requested by Alderman Plocher, and I have not spoken in detail with him about the specifics in his proposal. Given that the police officers union contract includes a free basic membership for each officer, I would propose the same for every employee that is eligible for health insurance in the City. Elected officials would be eligible for the proposal after their next election. The link between physical inactivity and health complications such as obesity, cardiovascular disease, and diabetes ahs been widely publicized throughout the media. Such health complications lead to an increase in medical claims which, in tutu, drive up insurance premiums. Studies have shown that for every dollar spent on fitness, $3.48 , is saved in health- care costs. Since we have elected to implement a high-deductible PPO plan with a HRA, we are sharing in the immediate (through the $2,000 or $4,000 deductible) risk and future risk (future premiums) of increased health insurance costs. Studies have also shown that people who are active tend to be happier, handle stress better, and are more energetic and more productive 2. Since the City operates the REC Center, the incremental cost of providing employees with a REC Center membership is minimal. Even though 50 new members may be added, there will not need to be additional employees hired to staff the facility or new equipment to be purchased to serve the new members. Many cities (in the survey below) will go so far as to subsidize memberships to a private facility or a park district facility. We do not have to subsidize any hard costs because we operate the facility. Additionally, there may be supplemental revenue to be received if an employee chooses to enroll their family at the facility. Finally, employees for the City have spent the last two fiscal years worrying about retaining their job and have not had a raise. A small benefit addition in the form of a REC Center membership is something that would boost morale and would be very appreciated by many of the employees. ' Source: Benefits and Compensation Digest, December 2004. Retrieved on May 14, 2010 from www.fitco .com/corporatefitness/iMrovingelpployeefitness/coiporate fitrnessandhealthcarecosts.asox 2 Source: Haines, D.J., Davis, L., Rancour, P., et. al. (2007) A pilot intervention to promote walking and wellness and to improve the health of college faculty and staff. Journal ofAmerican College Health, 55(4), 219-225. Many cities provide fitness equipment to their police officers, and allow other employees to use that equipment. The following is a brief survey I completed of municipalities that either have a fitness room available to all employees or subsidize a gym membership. Cities that have fitness rooms and allow all City employees to use the room: - Roselle - Gurnee - Fairview Heights - Naperville - Bannockburn - Woodridge - Glenview - Libertyville Cities that provide memberships to a recreation facility: - Libertyville (employees and spouses can join at 50% subsidy each) - Schaumburg — Park District provides corporate rate to Village employees, and Public Works employees receive 100% free membership under their union contract - Oakbrook Terrace — City pays entire cost of membership at Park District fitness center - Salem - $ 100 off a private health club membership for employees and $ 150 for families - Peoria County — 50% of the cost of a private health club membership for 8 visits and 100% for 12 visits - O'Fallon — Free membership at town recreation center Corporate Fitness and Health Care Costs Today, 85% of U . S , companies provide their employees' health and fitness programs. Corporate fitness programs help alleviate the negative impacts of unhealthy employee behavior, such as obesity and smoking , on health care costs . Improving employee fitness is simply good for business . Obesity • Seventy percent of all illnesses are due to lifestyle-related causes such as obesity and physical inactivity. Source: CDC & U. S. Department of Health and Human Services. • Obese individuals spend more on both health care services and medication than daily smokers and heavy drinkers . They spend 77% more on medications . Only aging has a greater effect--and only on expenditures for medications . Source : RAND Corporation; 2005. • Obesity increases costs in the workplace. The annual per capita increase in medical expenditures and absenteeism associated with obesity ranges from $450 to $2, 500 per obese employee . The estimated cost of obesity at a firm with 1 , 000 employees is about $285, 000 per year. Source: IDEA Fitness Journal, January 2006. Smoking • Each smoker costs an employer an additional $3,856 a year in health care costs and lost productivity . Source : billings Gazette, December 10, 2005. • Nationwide smoking attributable productivity losses from 1997-2001 cost $92 billion . Source: Centers for Disease Control, June 2005. Corporate Fitness Results and ROI • For every dollar spent on employee fitness and prevention, the ROI yielded an average of $3 .48 in direct health care savings. Source: Benefits and Compensation Digest, December 2004. • Employees who increased their activity levels from 0- 1 times per week to more than 3 times per week reduced their medical claims by an average of $2, 202 per year. Sour-ce: Managed Care, 2004. • U . S . health care costs doubled from 1990 to 2001 and are projected to double by 2012 . Source; Creating Healthy States: Building Healthy Worksites, Febnrary 2006. • In 2006, employer health insurance premiums increased by 7 . 7%- two times the rate of inflation . The annual premium for an employer health plan covering a family of four averaged nearly $ 11 , 500 . The annual premium for single coverage averaged more than $4, 200 . Source : Notional Coalition on Health Care, 2007. http://www.fitcorp.com/corpo ratefitness/i m p rovingem ployeefitness/corporatefitnessan d h ea lth ca recosts.aspx • Employers who invest in worksite health promotion programs can see a return of $3 - $6 for every dollar invested over a 2-5 year period . Documented savings are observed in medical costs, absenteeism , worker's comp claims, short-term disability and presenteeism ( lower on -the-job efficiency due to employee health problems . ) Source : American Journal of Preventive Medicine, December 2005. The lifetime medical costs related to diabetes, heart disease, high cholesterol, hypertension , and stroke among the obese are $ 10, 000 higher than among the non - obese . Among the overweight, lifetime medical costs can be reduced by $2, 200 to $5, 300 following a 10% reduction in body weight. Source: The Economics of Obesity, 2001 . _ • There are over 600 articles that analyze the research and anecdotal evidence of the cost-effectiveness of worksite wellness programs . In a review of 42 of these articles, there has been shown to be a 28% reduction in sick leave absenteeism , 26% reduction in use of the health care benefit, 30% reduced worker's comp claims and disability management and reduced presenteeism losses . Source : The American Jour nal of Health Prornoiion, 2003. http://www.fitcorp.com/corporatefitness/i m provi ngem p l oyeefitn ess/corporatefitn essa nd h ea lth ca recosts.aspx Slimming Down Employees to Cut Costs - BusinessWeek Page 1 of 3 Bloomberg Businessweek Monday April 26, 2010 CEO GUIDE TO TECHNOLOGY May 3, 2010, 10:56PM EST Slimming wn Employees to ut Costs Companies are targeting employee fitness to contain health-care costs, creating individualized plans using wearable technology and Web sites By Rachael King Joyce Boyes, a human resources manager at a Massachusetts hospital, wanted to lose weight. When her employer, UMass Memorial Health Care, pressed employees to get fitter, she took up the challenge. One year and 50 fewer pounds later, the employee-compensation manager is a model for how employer-sponsored health programs are supposed to work. Boyes joined an online social network called Shape Up The Nation and started using a pedometer to log her activity. E-mailed reminders to exercise and eat correctly came to her in-box. Her colleagues could use the Web site to see if she was meeting her goals. "This program was a starting point," Boyes says. The healthier habits stuck: Her doctor even reduced the amount of Lipitor, a cholesterol-fighting drug, that she takes. UMass Memorial, one of the largest employers in Worcester, Mass., is trying to contain employee medical costs. State and federal health-care reforms require employers to cover a greater share of their staff, which means companies are on the hook for higher payments to insurers. U.S. health-care costs are rising rapidly, fueled by greater spending on prescription drugs, the increasing prevalence of chronic illness, and an aging population. Obesity alone costs U.S. companies as much as $45 billion annually, according to a 2008 report by the Conference Board , a nonprofit research group. In response, companies such as Intel (INTC), Papa John's International (PZZA), Timberland (TBL), Scotts Miracle- Gro (SMG), and International Paper (IP) are s gning_employees up for memberships on Web sites that provide information about nutrition and fitness. They're conducting health screenings and tracking staffers' workouts. Some companies are even giving workers pedometers to track how many steps they take. The goals are the same: to make employees fitter and reduce health-care expenses. "A small group that's not healthy is increasing the cost for everyone," says Jodi Fuller, director of global benefits at packaging maker Mead Westvaco (MWV). "As a benefits director, [I ask] what can I do to lower those costs?" she says, WILL HEALTH-CARE REFORM RAISE COSTS? Companies are increasingly turning to technological solutions. In addition to Shape Up The Nation, they are trying online services from Virgin_ Group's Virgin HealthMiles, Limeade, and _R_edBrick Health. These services have helped increase employee participation in wellness programs by offering incentives that range from cash to health-insurance discounts in exchange for meeting health and fitness goals. U.S. companies' medical costs rose an average of 7 percent in 2009, after rising 6 percent in 2008, according to a February report from the National Business Group on Health , a nonprofit association, and consulting firm Towers Watson (TW). Many employers say they expect costs to keep escalating because of recent federal health-care legislation . In March , after the Patient Protection & Affordable Care Act was signed into law, Deere & Co. (DE) said http ://www.businessweek.com/print/technology/content/may2Ol0/t02010053_473522.htm 5/14/2010 Slimming Down Employees to Cut Costs - BusinessWeek Page 2 of 3 that its expenses would increase by $ 150 million in 2010 . Some companies have fitness in their DNA. Google (GOGG) offers workers fitness classes, including yoga, tai chi, and dance. There are employee fitness groups—even one for barefoot runners—and sports leagues for everything from volleyball to ultimate Frisbee. Google's campus in Mountain View, Calif., features on-site chiropractic and physical therapists, wellness coaching programs, and meditation centers. Its 16 cafes label foods by health value: green for healthy, yellow for be careful about portion sizes, and red for not-so-healthy. Other companies are getting up-to-speed. At MeadWestvaco, benefits director Fuller is fighting fat after finding that about 35 percent of the company's 12,000 U.S. employees had such chronic medical conditions as heart disease, hypertension, high cholesterol, and diabetes. In 2008 the company began a program, using Virgin HealthMiles, that gives employees pedometers equipped with USB ports so they can plug them into their PCs and upload data to the Web. Depending on how active they are, workers can earn fitness bonuses of up to $500 a year. STAFF PARTICIPATION NORMALLY IS LOW Maidenform Brands (MFB), Papa John's, and Timberland last year also began using Virgin HealthMiles. "There's a linear relationship between the amount of reward you offer employees and the pace at which they get significant biometric improvement," says Sean Forbes, president of Virgin HealthMiles. About 40 percent of employees participate at sites where HealthMiles is offered, he says. Employee wellness programs have suffered from low participation rates, which Forbes says often come in at about 5 percent to 7 percent. LuAnn Heinen, vice-president of the National Business Group on Health, an association of large companies, says employees often don't participate in wellness efforts because they require changes in behavior. "Participation is always the Achilles' heel for these programs," she says. In 2006, Intel decided to increase participation in its wellness program. The computer chip maker created a program called Health for Life. Intel checks employees' weight and blood pressure and performs blood tests. Employees can access a secure Web site to answer health questions. The data get combined with test results to identify risk factors and workers receive personalized coaching to develop individual fitness plans. Over the last four years participation has soared, from 7 percent to about 39 percent, according to Intel global health benefits manager Come Zenzola. The company will shave $250 off the 2011 health-care contributions from employees who participate. Other programs also offer incentives in the form of reduced health-insurance premiums or even contribute to Health Savings Accounts. Companies such as Conseco (QUO), International Paper, and Scotts Miracle-Gro use RedBrick Health's online service, which mixes health assessments, personalized recommendations, and coaching with some social networking tools. DISCRIMINATING AGAINST SOME WORKERS? Regular health assessments are key to the early detection of diseases such as cancer, improving patients' survival rates and containing employers' costs. The average cost per patient when one is diagnosed early with prostate cancer is $22,430 per year, but the expense jumps to $91 ,268 for a late-stage diagnosis, according to health- insurance company SeeChange Health. To be sure, as employers get more involved in promoting good health for workers, there are risks that employees who are obese or who smoke tobacco will be treated unfairly. In January, Whole Foods Market (WFMI) said that workers who don't smoke or use other nicotine products, and whose blood pressure is sufficiently low, would qualify http://www.businessweek.com/print/technology/content/may20lO/tc2010053_473522.htm 5/14/2010 Slimming Down Employees to Cut Costs - BusinessWeek Page 3 of 3 for heftier discounts at company stores. In a January letter to employees, Whole Foods Chief Executive Officer John Mackey said the program is voluntary and that no employment decisions would be based on participation or nonparticipation in these programs. The announcement prompted a spate of blog posts decrying unfair treatment for less-healthy workers. Whole Foods spokeswoman Libba Letton says there have been "misconceptions" about the program, and that it's based on a range of factors including body mass index, cholesterol levels, and blood pressure. Technology-enhanced wellness programs, many of which incorporate online assessments, can only go so far to improve workers' health. "The jury is still out on whether technology will increase behavior change" such as exercising more and eating better, says Dr. Jeffrey Dobro, a physician consultant at Towers Watson. It typically takes about two or three years for a company to see a positive return on investments in wellness plans, especially if they're starting from scratch, he says. UMass Memorial's Boyes says personal responsibility is critical to better health . "You can join all these programs but ultimately you have to do it for yourself," she says. King is a writer for Bloomberg Businessweek in San Francisco. http://www.businessweek.com/print/technology/content/may20l0/tc2010053_473522.htm 5/14/2010 WELCOA - Well Workplace - Cost Benefits Page 1 of 3 THE WELLNESS COUNCILS OF AMERICA T&-.+3 i4 �i.x z,3��.u.=&.X+R.mcR9. rv-S0.ZaC- . hv.va'sv: � .iaYel.'X3cC6 xz..394.+, vao Y'c .S.K". 11Yx u.TV-l...Wnan9'➢i Corporate Wellness Makes a Bottom-Line Difference The Cost Benefit of Worksite Wellness w Today, more than 81 % of America's businesses with 50 or more employees v1 have some form of health promotion program the most popular being „t4 _ exercise, stop-smoking classes, back care programs, and stress I management. Most employers offer wellness programs simply because they think the benefit is worth the cost. Yet business leaders continue to ask themselves how to control huge annual increases in health insurance .,' premiums and health care costs. Tiou� '_ 4x, " ' For many companies, medical costs can consume half of corporate profits or more. Some employers look to cost sharing, cost shifting, managed care � , ' '' .plans, risk rating, and cash-based rebates or incentives. But these methods ra rs* merely shift costs. Only worksite health promotion stands out as the long-term answer for keeping employees well in the first place. Six Reasons for Worksite wellness is health care reform that works. Results from America's Worksite Wellness. finest companies, summarized here, are reason enough to think about an investment in your most important asset--your employees and the impact this investment can have on your bottom line. Providence Everett Medical Center, a member of the Wellness Councils of America, in Everett, Washington, saved an estimated 3 million or a cost- benefit ratio of 1 to 3.8 over 9 years of an outcomes-based employee health benefit program called the Wellness Challenge®. By offering financial incentives ($250 - $325) to employees who meet specific organizational and employee health initiatives the program continues to meet cost containment expectations in the area of healthcare use, sick time, injuries, while improving health habits and self-care practices. During the first 4 years of the program there was a 28% average reduction in healthcare utilization compared to nine other Providence hospitals that were used as a control group. Du Pont saw that each dollar invested in workplace health promotion yielded $1 .42 over two years in lower absenteeism costs at Du Pont Co. (Well Workplace Gold in Delaware). Absences from illness unrelated to the job among 45,000 blue-collar workers dropped 14% at 41 industrial sites where the health promotion program was offered, compared with a 5.8% decline at 19 sites where it was not. The Travelers Corporation claims a $3.40 return for every dollar invested in health promotion, yielding total corporate savings of $146 million in benefits costs. Sick leave was reduced 19% during the four-year study. In addition to improving the overall health of 36,000 employees and retirees by reducing poor health habits and increasing good ones, The Travelers realized cost savings by decreasing the number of unnecessary visits to a doctor and emergency rooms. In a similar but smaller study, members of a Travelers fitness center were absent from work significantly fewer days than nonmembers. The Stay Alive & Well program at Reynolds Electrical & Engineering Company, based in Las Vegas, cost $76.24 per employee during the two years it has been in operation. Over half of the 1 ,600 employees participated (with up to 80% participation rates in the intervention program). Participants significantly lowered cholesterol levels, blood pressure, and weight and experienced 21 % lower lifestyle-related claim costs than non-participant. Resulting savings: $127.89 per participant with a benefit to cost ratio of 1 .68 to 1 . http://www.welcoa.org/worksite-cost-beilefit.html 5/14/2010 WELCOA - Well Workplace - Cost Benefits Page 2 of 3 Superior Coffee and Foods, a Bensenville-Illinois-based subsidiary of Sara Lee Corporation , attributes impressive results to the success of the company's comprehensive wellness program. Superior showed 22% fewer admissions to a hospital, 29% shorter hospital stays, and 42% lower expenses per admission when comparing costs for this division's 1 ,200 employees with costs for other divisions. Long-term disability costs were down by 40%. Superior Coffee and Foods has earned WELCOA's Well Workplace Gold award. With medical costs per employee at $6,000, nearly twice the national average, Union Pacific Railroad introduced the concept of personal health management to its 28,000 employees, mostly union and blue collar, in 19 Western and Southern states. Beginning with a modest medical self-care initiative at an annual cost of $50 per person, the program achieved a net savings of $1 .26 million. In addition, a voluntary program to help employees lower health risks projected a cost-benefit ratio of 1 to 1 .57 after one year. Employees in a treatment group lowered their risk of high blood pressure (45%) and high cholesterol (34%); others moved out of the at-risk range for weight problems (30%); and 21 % stopped smoking. Average medical costs of high-risk Steelcase employees--those whose lifestyles include two to four health risks such as smoking, little exercise, overweight--are 75% higher than those of low-risk employees. But high-risk employees at this Grand Rapids, Michigan-furniture manufacturing company who improved their health habits through the company's health promotion program and became low risk cut their average medical claims in half thus lowering their medical insurance costs by an average of $618 per year. If all high-risk employees (20% of the total employee population) in one location changed their lifestyles to become low risk, the projected savings could total $20 million over three years. Employees at Berk-Tec, a small manufacturing company in Lancaster County Pennsylvania, learned self-care techniques and lowered their company's health care costs in one year. By using a self-care guide, the 938 employees and their family members made smart medical decisions and saved $21 .67 per employee and dependent?a nearly 18% reduction in costs. By combining reductions in doctor visits and emergency room use, the company saved $39.06 per employee a 24.3% decrease in costs over the previous year. A medical claims-based study of 72,000 people insured through 285 Wisconsin school districts found a lower demand for medical services among those with access to disease prevention and self-care programs. Reductions in medical services results in savings for the Wisconsin Education Insurance Group of as much as $4.75 for each $1 spent, higher savings were found in the group receiving access to a 24-hour phone-based nurse advice line, a self-care reference book, and health education materials. CIGNA's Healthy Babies prenatal program delivered an average savings of $5,000 per birth by providing expectant mothers with educational materials and rewarding early and regular prenatal care. And 80% of participants had normal births without complications compared with 50% for non-participant. CIGNA is a member of the Wellness Councils of America. With savings estimated to be as high as $8 million, the California Public Employees' Retirement System sent its 55,000 retirees a health risk appraisal followed, in some cases, with individualized reports and letters and self-care materials to encourage change and help reduce health risks among retirees and at the same time reduce the health care claim costs. In another study, Bank of America retirees in California who chose the full health promotion and demand reduction program showed a decrease in total direct and indirect costs of 11 % compared with an increase of 6.3% for those who completed only a simple health questionnaire. http://www.welcoa.org/worksite cost benefit.httnl 5/14/2010 WELCOA - Well Workplace - Cost Benefits Page 3 of 3 With lower healthcare claims, medical costs decreased 16% for employees in the City of Mesa (Arizona) who participated in the comprehensive health promotion program. The city realized a return of $3.60 for every dollar invested in the health of city employees. To prevent back injuries among its employees, a county in California targeted white- and blue-collar workers, offered classes and fitness training. As a result, there was a significant increase in employee morale, reduced worker's comp claims, medical costs and sick days related to back injuries producing a net cost-benefit ratio of 1 to 1 .79. References Wisconsin Education Insurance Group: Internal study conducted by the OPTUM division of United Healthcare Corporation, 1995. Bank of America: Two-year results of a randomized controlled trial of a health promotion program in a retiree population: The Bank of America study. James F. Fries, D.A. Bloch, Harry Harrington, Nancy Richardson, Robert Beck. American Journal of Medicine, 1993, vol. 94, pp. 455-462. Berk-Tec: The effect of a medical self-care program on health care utilization. Don R. Powell, Stephanie L. Sharp, Shelley Fennell, P. Timothy Smith. 1996. In press. California county: A cost-benefl analysis of a California county's back injury prevention program. L. Shi. Public Health Reports, 1993, vol. 108, no. 2, pp. 204-211 . California Public Employees' Retirement System: Randomized controlled trial of cost reductions from a health education program: The California Public Employees' Retirement System (PERS) Study. James F. Fries, Harry Harrington, Robert Edwards, Louis A. Kent, Nancy Richardson. American Journal of Health Promotion, vol. 8, no. 3, pp. 216-223. CIGNA: CIGNA Healthy Babies program is delivering healthier babies. National Underwriter, Sept. 12, 1994. Stewart Beltz, Director of CIGNA Employee Health Management, press release. City of Mesa: Influence of a mobile worksite health promotion program on health care casts. S.G. Alcamo, B.H. Jacobson, C.J. Harris, P.L. Kelley, W.J. Stone, American Journal of Preventive Medicine, 1994, vol. 9, no. 6, pp. 378-382. Du Pont: The effects of workplace health promotion on absenteeism and employment costs in a large industrial population. Robert L. Bertera. American Journal of Public Health, September 1990, vol. 80, no. 9, pp. 1101-1105. Providence General Hospital: Controlled trial of a financial incentive program as a component of a hospital-based worksite health promotion program. Larry Chapman. 1996. In publication. Providence General Medical Center press release, June 19, 1995. Reynolds Electrical & Engineering Co.: Anthem Health Systems, Inc., Indianapolis, Ind. Staying alive and well at Reynolds Electrical & Engineering Co., Inc., 1993. Steelcase: Corporate medical claim cost distributions and factors associated with high-cost status. Louis Tze-chingYen, Dee W. Edington, Pamela Witting. Journal of Occupational Medicine, May 1994, vol. 36, no. 5, pp. 505-515. Superior Coffee and Foods: Speech by Lee Ahsmann, Vice President of Human Resources, at Well Workplace awards dinner, Worksite Wellness Council of Illinois, 1994. The Travelers: A benefit-to-cast analysis of a worksite health promotion program. Thomas Golaszewski, David Snow, Wendy Lynch, Louis Yen, Debra Salamis. Journal of Occupational Medicine, December 1992, vol. 34, no. 12, pp. 1164-1172. Impact of a facility-based corporate fitness program on the number of absences from work due to illness. Wendy Lynch, Thomas Golaszewski, Andrew Clearie, David Snow, Donald Vickery. Journal of Occupational Medicine, 1990, vol. 32, no. 1 , pp. 9-12. Union Pacific Railroad: Office of the Medical Director, Union Pacific Railroad, Omaha, Neb. Well Workplace Gold award-winning application, 1996. C. Everett Keep Award winner, 1995. U.S. Department of Health and Human Services, National Survey of Worksite Health Promotion Activities (Office of Disease Prevention and Health Promotion), 1992. Obtain the Summary Report from the National Health Information Center, PO Box 1133, Washington, DC 20013-1133, http ://www.welcoa.org/worksite—cost-benefit.html 5/14/2010 Six Reasons for Worksite Wellness At the Wellness Councils of America, we believe that there are six important reasons why every business should consider developing and implementing a health promotion initiative. Reason # I : Health Care Costs Let's start with the obvious. The first reason why the concept of health promotion is important to an organization is because health care costs continue to be an issue of major concern. As you know, we spend over $1 trillion dollars in this country alone on health care, far more than any other nation in the world. What's more, the average annual health care cost per person in the United States far exceeds $3,000 - lifetime costs per person are somewhere in the neighborhood of $225,000. Sadly, despite these enormous expenditures, it is estimated that as many as 41 million Americans are without health care insurance. However, because much of these costs are linked to health habits, it is possible for employers to take aggressive action toward reducing health care utilization and containing costs by taking on a health promotion program . Reason # 2: Most Illnesses Can Be Avoided The second reason why the concept of health promotion is important to businesses is that the leading causes of illness are largely preventable. Believe it or not, experts suggest preventable illnesses make up approximately 70% of the entire burden of illness and associated costs in the United States. Behind these illnesses are a whole host of preventable factors including such things as tobacco use, high-risk alcohol consumption, sedentary lifestyles, and poor nutritional habits. Are you beginning to see the big picture here? By leveraging a health promotion initiative, employers can take important steps toward preventing unnecessary sickness and death. This is why so many business people are attracted to the idea of developing a health promotion program . Clearly, it makes a lot of sense. After all, if you can reduce the burden of illness among your workforce by preventing the major causes of sickness, more of your employees will remain healthy and productive. What's more, you may even save some money in the process. Reason # 3:The Work Week is Expanding The third reason why the concept of health promotion is important to businesses is the reality that the workweek is expanding. According to Harvard economics professor Juliet Scher, people are working harder than they ever have before. Believe it or not, the typical American now works 47 hours a week - 164 more hours than only 20 years ago. And, if this present trend continues, Scher contends that average person would be on the job 60 hours a week - for an annual total of 3,000 hours a year. Driven in large part by newly developed technology, modern conveniences like modems, laptops, personal pagers, faxes, cellular phones, voice and e-mail, have all but erased the traditional and sacred boundaries of work. Without question, an ever-growing workweek poses a number of threats to the health and well-being of your employees. However, as a number of progressive employers have demonstrated, health promotion programs can help to alleviate some of these concerns. Reason # 4:The Technology Revolution is On The fourth reason why the concept of health promotion is important to businesses relates to the fact that we are currently knee-deep in a revolution of technology. In fact, since 1983, American businesses have added some 25 million new computers to the nation's business operations. To be sure, our increased reliance on technology has ushered in a whole host of new health concerns including things like repetitive stress injuries, low back problems, and compromised vision. Moreover, because almost one-third of the workforce now spends the lion's share of their day seated at their desks plugged into workstations, sedentary lifestyles have become a concern of epic proportion. Left unaddressed, these issues can have a serious impact in terms of the health of your employees and your company checkbook. While not a panacea, a well-designed health promotion initiative can also help to address some of these concerns. Reason # 5: Employee' Stress Levels are Increasing Not only are we living in a high tech era, we are also living in the midst of an information explosion. In fact, according to management guru , Dr. Price Pritchett, there has been more information produced in the last 30 years than during the previous 5,000. And, if that's not enough, experts estimate that the information supply available to us is doubling at the rate of every five years. In addition to the challenge of information management, is the cold, harsh reality that the life span of our expensive computer hardware is now measured in days. Let's not sugarcoat it. Trying to harness technology within a business environment is both challenging and frustrating. Inherent in the whole process is an increased level of stress for both you and your employees. In fact, in a recent nationwide poll, 78% of Americans describe theirjobs as stressful. Moreover, the vast majority indicated that their stress levels have worsened over the past ten years. One thing's for certain, if left unchecked, high levels of organizational stress will exact a very real toll on your business. From increased accidents, to reduced productivity, to unnecessary absenteeism , to increased medical care costs, stress is insidious in its nature and devastating in its impact. Increasingly, more and more business leaders and health promotion practitioners are looking to health promotion programs as a means of reducing, managing, and in some instances, even eliminating harmful stressors. By implementing a comprehensive stress management intervention, it is possible for leaders of businesses to successfully combat prevalent stressors in the workplace. For example, teaching your employees stress management skills, implementing flexible work schedules, increasing the quality and quantity of social interaction, and increasing participation in the company decision-making process can all have a significant impact. Reason # 6 : Increasing Diversity in the Workforce Perhaps one of the most exciting developments in the business environment is the increasing diversity of the workforce. However, with increasing diversity comes the need to address a variety of health and wellness issues in order to keep one's employees healthy and productive. For example, jobs generated by small firms are more likely to be filled by younger workers, older workers, and women. In fact, according to recent statistics obtained from the Small Business Administration, the number of women-owned firms and the firms owned by people of color have increased significantly. In fact, between 1987 and 1992, the number of women-owned businesses rose approximately 43% . Moreover, in 1996, nearly eight million women-owned firms provided jobs for 18.5 million persons -- more people than are employed in the Fortune 500 industrial firms! Recent data on black-owned businesses revealed an increase of 46%. Hispanic-owned businesses proved to be one of the fastest growing segments, increasing 82.7% between 1987 and 1992. Finally, businesses owned by Asian-Americans, American Indians, Alaskan Natives and Pacific Islanders increased 87.2% between 19872nd 1992. Again, with increasing diversity comes the challenge of being responsive to a variety of additional health concerns. Because health promotion programs help to pinpoint the specific health issues of most concern, such initiatives can be used to seamlessly identify and address a variety of diverse health issues. The Bottom Line on Worksite Wellness While the previously mentioned list was by no means meant to be a comprehensive one, you'd have to agree that these are some pretty compelling reasons why every organization should give serious consideration to developing a worksite health promotion initiative. `�fpD C/ry Reviewed By: Agenda Item Number J� 0.n Legal Finance ❑ hu'kytnn Y-N - EST. , : , 1836 Engineer ❑ 0 b pj City Administrator Tracking Number Police ❑ Human Resources ❑ o1 33 Public Works ❑ City Council Agenda Item Summary Memo Title: Historic Preservation Ordinance City Council / Committee Agenda Date: City Council — May 25, 2010 Synopsis: Proposal to create a Historic Preservation Commission. Council Action Previously Taken: Date of Action: N / A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: This item was recommended for approval by the Administration Committee. A track changes copy and a clean copy of the changes recommended by the Administration Committee are attached. n OW \, L1Pr� ✓�, l n al AcAe,, [aw Ordinance No. 2010- NkvwVV/u5+rats 0 r G rv-v ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS ESTABLISHING HISTORICAL PRESERVATION GUIDELINES AND ESTABLISHING A HISTORIC PRESERVATION COMMISSION WHEREAS, in a rapidly changing world, new uses and customs threaten the existence of areas, structures and works of art which have special historic, community, architectural or aesthetic importance, value or interest whose preservation and continued utilization embody a sense of its cultural, social and political history of a community; and, WHEREAS, pursuant to the Illinois Municipal Code, Section 11 -48 .2- 1 et seq., Illinois municipalities are authorized to provide official landmark designation and to impose regulations governing the construction, alteration, demolition, use and such additional measures as deemed reasonable and appropriate to ensure the preservation, protection, enhancement rehabilitation, perpetuation or use of such areas, buildings, structure and objects of art which have special significance; and, WHEREAS, the Mayor and City Council of the United City of Yorkville (the "Corporate Authorities") have acknowledged the existence of specific areas and structures with significant historical and architectural importance which date back to the initial settlement of the community in 1833, the designation of the City as the County Seat in 1858, and the incorporation as a municipality in 1874; and, WHEREAS, the Corporate Authorities desire to preserve such areas and structures in order to provide its current residents and businesses a sense of a stable community which has 1 experienced significant growth as a result of the drawing from its history to illuminate a passageway to the future. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the City Code is hereby amended by adding a new Chapter 17 to Title 8 as follows: CHAPTER 17. HISTORICAL PRSERVATION Section 8-17-1 : Intent and Purpose: The purpose of this Chapter is to promote the protection, enhancement, perpetuation, and use of improvements of special historical, architectural or aesthetic value to serve the health, prosperity, safety, and welfare of the citizens of the City by: A. Providing a mechanism to identify and preserve the historic and architectural characteristics of the City which represent elements of the City's cultural, social, economic, political and architectural history; B. Promoting civic pride in the beauty and noble accomplishments of the past as represented in the City's landmarks and historic districts; C. Stabilizing and improving the economic vitality and value of the City's landmarks and historic areas; D. Protecting and enhancing the attractiveness of the City to investors and visitors thereby supporting commerce, industry, and attracting economic growth; and, 2 E. Fostering and encouraging the preservation and restoration of structures, areas, and neighborhoods and thereby preventing future blight. Section 8-17-2. Definitions: Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows: 1 . Alteration. Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction or removal of any structure. 2. Area. A specific geographic division of the City. 3 . Addition. Any act or process which changes one or more of the "exterior architectural features" of a structure designated for preservation by adding to, joining with, or increasing the size or capacity of the structure. 4. Building. Any structure created for the support, shelter or enclosure of person, animals or property of any kind and which is permanently affixed to the land. 5. Certificate of Appropriateness. A certificate authorizing plans for alterations, construction, removal or demolition of a landmark or site within a designated historic district. 6. Commission. The Historic Preservation Commission of the United City of Yorkville. 7. Commissioners. Voting members of the Historic Preservation Commission of the United City of Yorkville. 3 8. Construction. The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property. 9. Corporate Authorities. The Mayor and City Council of the United City of Yorkville. 10. Demolition. Any act or process that destroys in part or in whole a landmark or site within a historic district. 11 . Design Guideline. A standard of appropriated activity that will preserve the historic and architectural character of a structure or area. 12. Exterior Architectural Appearance. The architectural and general composition of the exterior of a structure, including, but not limited to the kind, color and the texture of the building material and the type, design and character of all windows, doors, light fixtures, signs, and appurtenant elements. 13 . Historic District. An area designated as a "historic district by ordinance of the Corporate Authorities which may contain within definable geographic boundaries one or more landmarks and which may have within its boundaries other properties or, structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district. 14. Landmark. Any building, structure or site which has been designated as a "landmark" by the Corporate Authorities, pursuant to procedures prescribed herein, that 4 is worthy of rehabilitation, restoration, and preservation because it is historic and/or architectural significance. 15. Owner of Record. The person, corporation, or other legal entity listed as owner on the records of the County Recorder of Deeds. 16. Rehabilitation. The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values. 17. Removal. Any relocation of a structure on its site or to another site. 18. Repair. Any change that does not require a building permit or that is not construction, relocation or alteration. 19. Structure. Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, bill boards, backstops for tennis courts, radio and television antennae, including supporting towers, swimming pools, satellite dishes, solar panels and wind generation. 20. Structural Change. Any change or repair in the supporting members of a building, structure, roof or exterior walls which would expand the building in height, width or bulk of the building. Section 8-17-3. Historic Preservation Commission Established; Appointment and Terms: 5 A. There is hereby established the United City of Yorkville Historic Preservation Commission. Said Commission shall consist of seven (7) members appointed by the Mayor with the advice and consent of the City Council. The members of said Commission shall serve respectively for the following terms: One for I year Three for 2 years Three for 3 years B. The successor of each member so appointed shall serve for a term of three (3) years. C. The members need not be residents of the City, but preferably with historical architectural knowledge. Section 8-17-4: Organization. A. The officers of the Historic Preservation Commission shall include a Chairperson, Vice Chairperson, and Secretary who shall be designated by the Mayor at the time of appointment. B. The Chairperson shall prepare all agendas and preside over all meetings of the Commission. In the absence of the Chairperson, the Vice-Chairperson shall perform the duties of the Chairperson. C. The Secretary shall be responsible for notices, agendas and minutes as mandated by the Illinois Open Meetings Act; safekeeping of all records and reports of the 6 Commission and the notices as may be required for any public hearing conducted by the Commission. D. A majority of the members serving on the Commission shall constitute a quorum, any vacancy in the position of a Commission Member shall not be counted for purposes of establishing a quorum. A majority vote of the members serving on the Commission shall be required for any action on any matter presented to the Commission at a meeting called and conducted in accordance with applicable law and this Chapter. E. No member of the Commission shall vote on any matter in which such member, or any member of that member's household, has a material interest. F. The procedures of the Commission shall be governed by the Open Meetings Act and to the extent any procedures are beyond the scope of the Open Meetings Act, then according to Roberts Rules of Order as from time to time updated and amended. Section 8-17-5: Powers and Duties: The Commission shall have the following powers and duties: 1 . To conduct an ongoing survey to identify historically or architecturally significant properties, structures and areas. 2. To investigate and recommend to the Corporate Authorities the designation of properties or structures having special historic, community, or architectural value as "landmarks"; 7 3 . To investigate and recommend to the Corporate Authorities the designation of properties or structures having special historic, community or architectural value as "historic districts"; 4. To keep a register of all properties and structures that have been designated as landmarks or historic districts, including all information required for each designation; 5. To recommend an appropriate system of markers and make recommendations for the design and implementation of specific markings of the streets and routes leading from one landmark or historic district to another; 6. To advise owners of landmarks and property or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation; and reuse, and on procedures for inclusion on the State or National Register of Historic Places; 7. To inform and educate all interested persons concerning the historic and architectural heritage of the City by publishing appropriate maps, newsletters, brochures, and pamphlets, and by holding programs and seminars; 8 . To hold public hearings and to review applications for construction, alteration, removal, or demolition affecting proposed or designated landmarks or structures or historic districts and make recommendations to the City Council on such applications. 9. To develop specific guidelines for the alteration, demolition, construction, or removal of landmarks of property and structures within historic districts; 8 10. To testify before all boards and commissions, including the Plan Commission and the Zoning Board of Appeals, on any matter affecting historically and architecturally significant property and landmarks; 11 . To periodically review the City' s Zoning Ordinance and to recommend to the Plan Commission any amendments appropriate for the protection and continued use of landmarks or property and structures within historic districts. Section 8-17-6: Applications for Landmark Designation or Historic District Designation: Any person or association may apply for the designation of a Landmark or a Historic District by submitting a nomination application to the office of the City Clerk with the following information: A. For a Landmark: 1 . The name and address of the property owner. 2. The legal description and common street address of the property. 3 . A written statement describing the property and setting forth reasons in support of the proposed designation 4. Documentation that the property owner has been notified or consents to the application for designation. 5. A list of significant exterior architectural features that should be protected. 6. An overall site plan and photographs of the landmark. The plan shall also include a front, side and rear elevation drawing. 9 B. For a Historic District: 1 . The names and addresses of the property owners. 2. A map delineating the boundaries of the area to be designated. 3 . A written statement describing the area and properties within the historic district and setting forth reasons in support of the proposed designation. 4. A list and photographs of significant exterior architectural features of all properties in the district that should be protected. Upon receipt of an application, the office of the City Clerk shall forward said application to the Commission for review and a public hearing as provided in Section 8-17-7. Section 8-17- 7. Procedures for Designation as Landmark or Historic District: A. Within thirty (30) days of receipt of an application for the designation of a Landmark or Historic District from the office of the City Clerk, the Chairperson of the Commission shall call a meeting to present the application to the members of the Commission who shall undertake an investigation to determine if there is a reasonable basis to determine that the subject property or subject district may have historical, architectural, cultural, economic or political elements which should be preserved. B. Within thirty (30) days of the date of the meeting to determine that the application has demonstrated a reasonable basis for potential designation as a Landmark or Historic District, the Commission shall set a time, date and place for a public hearing on the application and direct the City Clerk to notify by regular mail all property owners within 10 500 feet of the property proposed for designation as a Landmark or the property to be included in a proposed Historic District. If the application is for the designation of a Historic District, the Clerk shall also notify, by regular mail, the property owners within the boundaries of the proposed Historic District. The Commission shall further direct the office of the City Clerk to publish notice of the date, time and place of said public hearing in a newspaper of general circulation in the City not less than fifteen (15) days nor more than thirty (30) days of the date of the public hearing. The notice shall describe the property/properties included in the application. C. All interested parties shall be given an opportunity to be hard at the public hearing. If determined necessary by the Commission, the public hearing may be continued to a date not more than thirty (30) days from the date of the initial public hearing without further notice other than as required by the Open Meetings Act. D. At the conclusion of the public hearing or the next meeting of the Commission, not more than thirty (30) days after the conclusion of the public hearing, the Commission shall review all information as presented and make an evaluation of the application and a determination as to whether designation as a Landmark or a Historic District should be recommended to the City Council based upon the following criteria: 1 . For a Landmark Designation: a. Has significant value as part of the historic, heritage or cultural characteristics of the community, county, state or nation; 11 b. Is identified with a person or persons who significantly contributed to the development of the community, county, state or county; C. Is representative of distinguishing characteristics of architecture inherently valuable for the study of a period, type, method of construction or use of indigenous materials; d. Is a notable work of a master builder, designer, architect or artist whose individual work has influenced the development of the community, county, state or country; e. Is a unique location or has singular physical characteristics that make it an established or familiar visual feature; f Has its character as a particularly fine or unique example of a utilitarian structure, including but not limited to farmhouses, gas stations, or other commercial structures, with a high level of integrity or architectural significance; g. In an area that has yielded or may be likely to yield, information important in history or prehistory. 2. For Designation as an Historic District: a. The Area contains one or more landmarks along with such other buildings, places or areas within its definable geographic boundaries which, while not of such historic significance to be designated as Landmarks, nevertheless contribute 12 to the overall visual characteristics of the Landmark or Landmarks located in such area; b. The area has a significant number of structures meeting any of the standards for Landmark Designation as stated in A above; C. The area establishes a sense of time and place unique to the City; and/or; d. The area exemplifies or reflects the cultural, social, economic, political or architectural history of the nation, the state, or the community. A copy of the recommendation shall be sent to the property owner of the Landmark or to all property owners within the recommended Historic District. In the event the application is not recommended for landmark or historic designation by the commission, no further action shall be taken. Section 8-17-8. Designation by the City Council: Upon receipt of a copy of the application for the designation of a Landmark or a Historic District which has been recommended for such designation by the Commission, the City Council shall review the documentation submitted by the Commission, the record of the public hearing and the report and recommendation of the Commission. The City Council, by a majority vote shall approve the requested designation or deny the designation. Section 8-17-9. Certificate of Appropriateness: A. Any property or structure designated as a Landmark or any property, structure or site within a designated Historic District shall require a Certificate of Appropriateness 13 required if the building, structure or site will be altered, extended, or repaired in such a manner as to produce a major change in the exterior appearance of such building or structure. Such major change include, but are not limited to: 1 . Major changes by addition, alteration, maintenance, reconstruction, rehabilitation, renovation or repair; 2. Any new construction and demolition in whole or in part requiring a permit from the City; 3 . Moving a building; or, 4. Any construction, alteration, demolition, or removal affecting a significant exterior architectural feature as specified in the ordinance designating the landmark or historic district. B. An application for a Certificate of Appropriateness shall include: 1 . Street address of the property involved; 2. Legal description of the property involved. 3 . Brief description of the improvements situated on the property. 4. A detailed description of the construction, alteration, demolition, or use proposed together with any architectural drawings or sketches if those services have been utilized by the applicant and, if not, a sufficient description of the construction, alteration, demolition and use to enable anyone to determine what final appearance and use of the real estate will be. 14 5. Owner' s name. 6. Developer's name, if different than owner. 7. Architect's name. C. All applications for a Certificate of Appropriateness shall be reviewed by the Commission at a duly called meeting within thirty (30) days of receipt. In its deliberations, the Commission shall be guided by the following standards: 1 . The property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site environment; 2. The historic character of the property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided; 3 . Each property shall be recognized as a physical record of its time, place, and use; 4. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements fi-om other buildings, shall not be undertaken; 5. Most properties change overtime; those changes that have acquired historic significance in their own right shall be retained and preserved; 6. Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site shall be treated with sensitivity; 15 7. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities, and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence; 8. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of the structures, if appropriate, shall be undertaken using the gentlest means possible; 9. Significant archaeological resources affected by the project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken; 10. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated fi-om the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment; 11 . New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 16 D. The Commission shall complete its review within thirty (30) days and forward its recommendation to the City Council for approval or denial. The Commission shall send a copy of its recommendation to the applicant. E. The City Council shall review the application and the record, report and recommendation and shall approve or deny the request for a Certificate of Appropriateness. In the event of denial of an application for a Certificate of Appropriateness, the City Community Developer Office shall notify the applicant in writing of the disapproval and the reasons, therefore, and shall recommend changes, if any, in the proposed action that would cause the City Council to reconsider its denial. Within fifteen (15) days of receipt of the notification of disapproval, the applicant may resubmit an amended application for a Certificate of Appropriateness that takes into consideration the recommendations of the Council and the Commission. 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: CITY CLERK 17 ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2010. MAYOR 18 Ordinance No. 2070- ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS ESTABLISHING HISTORICAL PRESERVATION GUIDELINES AND ESTABLISHING A HISTORIC PRESERVATION COMMISSION WHEREAS, in a rapidly changing world, new uses and customs threaten the existence of areas, structures and works of art which have special historic, community, architectural or aesthetic importance, value or interest whose preservation and continued utilization embody a sense of its cultural, social and political history of a community; and, WHEREAS, pursuant to the Illinois Municipal Code, Section 11 -48.2- 1 et seq., Illinois municipalities are authorized to provide official landmark designation and to impose regulations governing the construction, alteration, demolition, use and such additional measures as deemed reasonable and appropriate to ensure the preservation, protection, enhancement rehabilitation, perpetuation or use of such areas, buildings, structure and objects of art which have special significance; and, WHEREAS, the Mayor and City Council of the United City of Yorkville (the "Corporate Authorities") have acknowledged the existence of specific areas and structures with significant historical and architectural importance which date back to the initial settlement of the community in 1833 , the designation of the City as the County Seat in 1858, and the incorporation as a municipality in 1874; and, WHEREAS, the Corporate Authorities desire to preserve such areas and structures in order to provide its current residents and businesses a sense of a stable community which has 1 experienced significant growth as a result of the drawing from its history to illuminate a passageway to the future. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the City Code is hereby amended by adding a new Chapter 17 to Title 8 as follows: CHAPTER 17. HISTORICAL PRSERVATION Section 8-17-1 : Intent and Purpose: The purpose of this Chapter is to promote the protection, enhancement, perpetuation, and use of improvements of special historical, architectural or aesthetic value to serve the health, prosperity, safety, and welfare of the citizens of the City by: A. Providing a mechanism to identify and preserve the historic and architectural characteristics of the City which represent elements of the City's cultural, social, economic, political and architectural history; B. Promoting civic pride in the beauty and noble accomplishments of the past as represented in the City' s landmarks and historic districts; C. Stabilizing and improving the economic vitality and value of the City's landmarks and historic areas; D. Protecting and enhancing the attractiveness of the City to investors and visitors thereby supporting commerce, industry, and attracting economic growth; and, 2 E. Fostering and encouraging the preservation and restoration of structures, areas, and neighborhoods and thereby preventing future blight. Section 8-17-2. Definitions: Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows: 1 . Alteration. Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction or removal of any structure. 2. Area. A specific geographic division of the City. 3 . Addition. Any act or process which changes one or more of the "exterior architectural features" of a structure designated for preservation by adding to, joining with, or increasing the size or capacity of the structure. 4. Building. Any structure created for the support, shelter or enclosure of person, animals or property of any kind and which is permanently affixed to the land. 5. Certificate of Appropriateness. A certificate authorizing plans for alterations, construction, removal or demolition of a landmark or site within a designated historic district. 6. Commission. The Historic Preservation Commission of the United City of Yorkville. 7. Commissioners. Voting members of the Historic Preservation Commission of the United City of Yorkville. 3 8. Construction. The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property. 9. Corporate Authorities. The Mayor and City Council of the United City of Yorkville. 10. Demolition. Any act or process that destroys in part or in whole a landmark or site within a historic district. 11 . Design Guideline. A standard of appropriated activity that will preserve the historic and architectural character of a structure or area. 12. Exterior Architectural Appearance. The architectural and general composition of the exterior of a structure, including, but not limited to the kind, color and the texture of the building material and the type, design and character of all windows, doors, light fixtures, signs, and appurtenant elements. 13 . Historic District. An area designated as a "historic district by ordinance of the Corporate Authorities which may contain within definable geographic boundaries one or more landmarks and which may have within its boundaries other properties or, structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district. 14. Landmark. Any building, structure or site which has been designated as a "landmark" by the Corporate Authorities, pursuant to procedures prescribed herein, that 4 is worthy of rehabilitation, restoration, and preservation because it is historic and/or architectural significance. 15. Owner of Record. The person, corporation, or other legal entity listed as owner on the records of the County Recorder of Deeds. 16. Rehabilitation. The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values. 17. Removal. Any relocation of a structure on its site or to another site. 18. Repair. Any change that does not require a building permit or that is not construction, relocation or alteration. 19. Structure. Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, bill boards, backstops for tennis courts, radio and television antennae, including supporting towers, swimming pools, satellite dishes, solar panels and wind generation. 20. Structural Change. Any change or repair in the supporting members of a building, structure, roof or exterior walls which would expand the building in height, width or bulk of the building. Section 8-17-3. Historic Presen)ation Commission Established; Appointment and Terms: 5 A. There is hereby established the United City of Yorkville Historic Preservation Commission. Said Commission shall consist of seven (7) members appointed by the Mayor with the advice and consent of the City Council. The members of said Commission shall serve respectively for the following terms: One for 1 year Three for 2 years Three for 3 years B . The successor of each member so appointed shall serve for a term of three (3) years. C. The members need not be residents of the City, but preferably with historical architectural knowledge. Section 8-17-4: Organization. A. The officers of the Historic Preservation Commission shall include a Chairperson, Vice Chairperson, and Secretary who shall be designated by the Mayor at the time of appointment. B. The Chairperson shall prepare all agendas and preside over all meetings of the Commission. In the absence of the Chairperson, the Vice-Chairperson shall perform the duties of the Chairperson. C. The Secretary shall be responsible for notices, agendas and minutes as mandated by the Illinois Open Meetings Act; safekeeping of all records and reports of the 6 Commission and the notices as may be required for any public hearing conducted by the Commission. D. A majority of the members serving on the Commission shall constitute a quorum, any vacancy in the position of a Commission Member shall not be counted for purposes of establishing a quorum. A majority vote of the members serving on the Commission shall be required for any action on any matter presented to the Commission at a meeting called and conducted in accordance with applicable law and this Chapter. E. No member of the Commission shall vote on any matter in which such member, or any member of that member' s household, has a material interest. F. The procedures of the Commission shall be governed by the Open Meetings Act and to the extent any procedures are beyond the scope of the Open Meetings Act, then according to Roberts Rules of Order as from time to time updated and amended. Section 8-17-5: Powers and Duties: The Commission shall have the following powers and duties: 1 . To conduct an ongoing survey to identify historically or architecturally significant properties, structures and areas. 2. To investigate and recommend to the Corporate Authorities the designation of properties or structures having special historic, community, or architectural value as "landmarks"; 7 3 . To investigate and recommend to the Corporate Authorities the designation of properties or structures having special historic, community or architectural value as "historic districts"; 4. To keep a register of all properties and structures that have been designated as landmarks or historic districts, including all information required for each designation; 5. To recommend an appropriate system of markers and make recommendations for the design and implementation of specific markings of the streets and routes leading from one landmark or historic district to another; 6. To advise owners of landmarks and property or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation; and reuse, and on procedures for inclusion on the State or National Register of Historic Places; 7. To inform and educate all interested persons concerning the historic and architectural heritage of the City by publishing appropriate maps, newsletters, brochures, and pamphlets, and by holding programs and seminars; 8. To hold public hearings and to review applications for construction, alteration, removal, or demolition affecting proposed or designated landmarks or structures or historic districts and make recommendations to the City Council on such applications. 9. To develop specific guidelines for the alteration, demolition, construction, or removal of landmarks of property and structures within historic districts; 8 10. To testify before all boards and commissions, including the Plan Commission and the Zoning Board of Appeals, on any matter affecting historically and architecturally significant property and landmarks; 11 . To periodically review the City's Zoning Ordinance and to recommend to the Plan Commission any amendments appropriate for the protection and continued use of landmarks or property and structures within historic districts. Section 8-17-6: Applications for Landmark Designation or Historic District Designation: Any person or association may apply for the designation of a Landmark or a Historic District by submitting a nomination application to the office of the City Clerk with the following information: A. For a Landmark: 1 . The name and address of the property owner. 2. The legal description and common street address of the property. 3 . A written statement describing the property and setting forth reasons in support of the proposed designation 4. Documentation that the property owner has been notified or consents to the application for designation. 5. A list of significant exterior architectural features that should be protected. 6. An overall site plan and photographs of the landmark. The plan shall also include a front, side and rear elevation drawing. 9 B. For a Historic District: 1 . The names and addresses of the property owners. 2. A map delineating the boundaries of the area to be designated. 3 . A written statement describing the area and properties within the historic district and setting forth reasons in support of the proposed designation. 4. A list and photographs of significant exterior architectural features of all properties in the district that should be protected. Upon receipt of an application, the office of the City Clerk shall forward said application to the Commission for review and a public hearing as provided in Section 8- 17-7. Section 8-17- 7. Procedures for Designation as Landmark or Historic District: A. Within thirty (30) days of receipt of an application for the designation of a Landmark or Historic District from the office of the City Clerk, the Chairperson of the Commission shall call a meeting to present the application to the members of the Commission who shall undertake an investigation to determine if there is a reasonable basis to determine that the subject property or subject district may have historical, architectural, cultural, economic or political elements which should be preserved. B. Within thirty (30) days of the date of the meeting to determine that the application has demonstrated a reasonable basis for potential designation as a Landmark or Historic District, the Commission shall set a rime, date and place for a public hearing on the application and direct the City Clerk to notify by regular mail all property owners within 10 500 feet of the property proposed for designation as a Landmark or the property to be included in a proposed Historic District. If the application is for the designation of a Historic District, the Clerk shall also notify, by regular mail, the property owners within the boundaries of the proposed Historic District. The Commission shall further direct the office of the City Clerk to publish notice of the date, time and place of said public hearing in a newspaper of general circulation in the City not less than fifteen (15) days nor more than thirty (30) days of the date of the public hearing. The notice shall describe the property/properties included in the application. C. All interested parties shall be given an opportunity to be hard at the public bearing. If determined necessary by the Commission, the public hearing may be continued to a date not more than thirty (30) days from the date of the initial public hearing without further notice other than as required by the Open Meetings Act. D. At the conclusion of the public hearing or the next meeting of the Commission, not more than thirty (30) days after the conclusion of the public hearing, the Commission shall review all information as presented and make an evaluation of the application and a determination as to whether designation as a Landmark or a Historic District should be recommended to the City Council based upon the following criteria: 1 . For a Landmark Designation: a. Has significant value as part of the historic, heritage or cultural characteristics of the community, county, state or nation; 11 b. Is identified with a person or persons who significantly contributed to the development of the community, county, state or county; C. Is representative of distinguishing characteristics of architecture inherently valuable for the study of a period, type, method of construction or use of indigenous materials; d. Is a notable work of a master builder, designer, architect or artist whose individual work has influenced the development of the community, county, state or country; e. Is a unique location or has singular physical characteristics that make it an established or familiar visual feature; f Has its character as a particularly fine or unique example of a utilitarian structure, including but not limited to farmhouses, gas stations, or other commercial structures, with a high level of integrity or architectural significance; g. In an area that has yielded or may be likely to yield, information important in history or prehistory. 2. For Designation as an Historic District: a. The Area contains one or more landmarks along with such other buildings, places or areas within its definable geographic boundaries which, while not of such historic significance to be designated as Landmarks, nevertheless contribute 12 to the overall visual characteristics of the Landmark or Landmarks located in such area; b. The area has a significant number of structures meeting any of the standards for Landmark Designation as stated in A above; C. The area establishes a sense of time and place unique to the City; and/or; d. The area exemplifies or reflects the cultural, social, economic, political or architectural history of the nation, the state, or the community. A copy of the recommendation shall be sent to the property owner of the Landmark or to all property owners within the recommended Historic District. In the event the application is not recommended for landmark or historic designation by the commission, no further action shall be taken. Section 8-17-8. Designation by the City Council: Upon receipt of a copy of the application for the designation of a Landmark or a Historic District which has been recommended for such designation by the Commission, the City Council shall review the documentation submitted by the Commission, the record of the public hearing and the report and recommendation of the Commission. The City Council, by a majority vote shall approve the requested designation or deny the designation. Section 8-17-9. Certificate of Appropriateness: A. Any property or structure designated as a Landmark or any property, structure or site within a designated Historic District shall require a Certificate of Appropriateness 13 required if the building, structure or site will be altered, extended, or repaired in such a manner as to produce a major change in the exterior appearance of such building or structure. Such major change include, but are not limited to : 1 . Major changes by addition, alteration, maintenance, reconstruction, rehabilitation, renovation or repair; 2. Any new construction and demolition in whole or in part requiring a permit from the City; 3 . Moving a building; or, 4. Any construction, alteration, demolition, or removal affecting a significant exterior architectural feature as specified in the ordinance designating the landmark or historic district. B. An application for a Certificate of Appropriateness shall include: 1 . Street address of the property involved; 2. Legal description of the property involved. 3 . Brief description of the improvements situated on the property. 4. A detailed description of the construction, alteration, demolition, or use proposed together with any architectural drawings or sketches if those services have been utilized by the applicant and, if not, a sufficient description of the construction, alteration, demolition and use to enable anyone to determine what final appearance and use of the real estate will be. 14 5. Owner's name. 6. Developer's name, if different than owner. 7. Architect's name. C. All applications for a Certificate of Appropriateness shall be reviewed by the Commission at a duly called meeting within thirty (30) days of receipt. In its deliberations, the Commission shall be guided by the following standards: 1 . The property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site environment; 2. The historic character of the property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided; 3 . Each property shall be recognized as a physical record of its time, place, and use; 4. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken; 5. Most properties change overtime; those changes that have acquired historic significance in their own right shall be retained and preserved; 6. Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site shall be treated with sensitivity; 15 7. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities, and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence; 8. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of the structures, if appropriate, shall be undertaken using the gentlest means possible; 9. Significant archaeological resources affected by the project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken; 10. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment; 11 . New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 16 D. The Commission shall complete its review within thirty (30) days and forward its recommendation to the City Council for approval or denial. The Commission shall send a copy of its recommendation to the applicant. E. The City Council shall review the application and the record, report and recommendation and shall approve or deny the request for a Certificate of Appropriateness. In the event of denial of an application for a Certificate of Appropriateness, the City Community Developer Office shall notify the applicant in writing of the disapproval and the reasons, therefore, and shall recommend changes, if any, in the proposed action that would cause the City Council to reconsider its denial. Within fifteen (15) days of receipt of the notification of disapproval, the applicant may resubmit an amended application for a Certificate of Appropriateness that takes into consideration the recommendations of the Council and the Commission. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 17 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2010. ATTEST: CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2010. MAYOR 18 `�tpD C/py Reviewed By: Agenda Item Number J� 4 Qp Legal ❑ R,oLVV�ive Finance ❑ EST. , :; 1836 Engineer El Tracking Number ® � City Administrator ■ t O El ❑ f�' t� I odl , 3q <eE Agenda Item Summary Memo Title: Park Board Seat — School District Meeting and Date: City Council 5/25/10 Synopsis : See attached memo. Council Action Previously Taken : Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: C/1, J=` Memorandum To: Administration Committee EST. - `_. 1836 From: Bart Olson, City Administrator CC: 9 ® Date: May 13 , 2010 Subject: Park Board Seat — School District This item was last discussed in Spring 2009. At the time, the Park Board and Administration Committee discussed whether the City code (attached) section which addresses the composition of the Park Board should be amended to remove the School District seat. At the time, the School District had not filled their Park Board seat in many months and the Park Board was having issues with postponed or cancelled meetings due to lack of a quorum. One year later, the same issues persist. The outcome of the discussion last spring was that the Park Board wished to wait until the new Superintendent was hired and began work, and then to seek their advice on whether the School District seat should be eliminated. Mayor Burd asked for this agenda to be discussed at the Administration Committee meeting. 2-5-1 : BOARD CREATED ; MEMBERSHIP , TERMS : A park board of Yorkville is hereby created for the express purpose of managing all city parks and recreational facilities; to employ and manage with the consent of the city council and approved by the mayor, a "city parks and recreation director"; and to deal in all respects with personnel , programs, and budgeting necessary to operate the city parks and recreation departments. The park board shall consist of seven (7) persons who shall serve as voting members under 65 Illinois Compiled Statutes 5/11 -95-3 (2002), of the Illinois municipal code. be °°!°^r°' "� I *"�,� e ssheel -board—All members must be residents of the city, appointed by the mayor as follows: one of the members shall be appointed for a term of one year; one for a term of two (2) years; one for a term of three (3) years; one for a term of four (4) years; and one for a term of five (5) years. Their successors shall in all cases be appointed for terms of five (5) years, and all appointments to fill vacancies shall be for the unexpired terms. (Ord . 2001 -28, 5-24-2001 ; amd . Ord . 2003-13, 2-11 -2003) Ordinance No. 2010- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS REGARDING PARK BOARD MEMBERSHIP 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 Mayor and City Council have determined that it is in the best interest of the community to amend Title 2, Chapter 5, Section 1 of the Code of Ordinances regarding park board membership. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 2, Chapter 5, Section 1 of the United City of Yorkville Code of Ordinances is hereby deleted in its entirety and replaced with the following: 2-5-1 : BOARD CREATED ; MEMBERSHIP, TERMS : A park board of Yorkville is hereby created for the express purpose of managing all city parks and recreational facilities; to employ and manage with the consent of the city council and approved by the mayor, a "city parks and recreation director" ; and to deal in all respects with personnel, programs, and budgeting necessary to operate the city parks and recreation departments. The park board shall consist of seven (7) persons who shall serve as voting members under 65 Illinois Compiled Statutes 5/11 -95-3 (2002), of the Illinois municipal code. All members must be residents of the city, appointed by the mayor as follows: one of the members shall be appointed for a term of one year; one for a term of two (2) years; one for a term of three (3) years; one for a term of four (4) years; and one for a term of five (5) years. Their successors shall in all cases be appointed for terms of five (5) years, and all appointments to fill vacancies shall be for the unexpired terms. (Ord. 2001 -28, 5-24-2001 ; amd. Ord. 2003- 13, 2- 11 -2003) Section 2. If any Section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 2010. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, YR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2010. MAYOR 2 Reviewed By: Agenda Item Number J= T Legal ❑ uv 4 v� . '3k �� Finance esr 1836 ❑ 1 Engineer ❑ 04 0 �® � � y City Administrator ■ Tracking Number ` =O Police ❑ <<E `��? Human Resources ❑ � 5 Public Works ❑ City Council Agenda Item Summary Memo Title: Intergovernmental Agreement with the Library City Council / Committee Agenda Date: City Council — May 25, 2010 Synopsis: Discussion of future action on the Intergovernmental Agreement with the Library, as it relates to the reimbursement request from the City. Council Action Previously Taken: Date of Action: N / A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: This item was passed out of the Administration Committee without a recommendation. The memo from the Administration Committee is attached. CI)s ?` Memorandum To: Administration Committee EST. re36 From: Bart Olson, City Administrator -14 CC: Os 9 ® k,` p Date: May 13 , 2010 Subject: Library Intergovernmental Agreement LE The Library Board was sent a letter from Mayor Bard on March 9, 2010 asking the Library Board to reimburse the City for services provided by the City's Finance, Public Works, and Parks departments. This proposal was given to Director Pfister on the same day as the first FY 10/11 budget proposal was distributed to the aldermen, in which the library reimbursement was contemplated. During the subsequent budget meetings, the City Council directed staff to amend the letter to request additional money to offset a higher hourly wage for City employees (to offset cost of benefits). This request by the City was first discussed by the Library Board at the April 2010 board meeting. At that meeting, the Library Board asked for a breakdown of wages and time spent on all services. That document was provided to the Library Board shortly thereafter, and was discussed at the May 2010 Library Board meeting. At that meeting, the Library Board chair asked the City representatives if we were planning on terminating or amending the intergovernmental agreement. Since I was not aware an agreement existed, I answered as such. The agreement was then passed out by the Library Board to the various meeting attendees. That agreement is attached to this memo. In summary, the services we provide to the Library had been agreed to be performed without compensation due to the City. While the City Council had directed staff to seek reimbursement for services, a decision has not yet been made as to whether the City Council would prefer to terminate the agreement in full, in part, seek amendment to the agreement, or leave the agreement as is. Therefore, I seek direction from the Administration Committee as to the future status of the intergovernmental agreement. 4/17/97 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this 1" day of May, 1997, pursuant to authority of the Illinois constitution and State Statutes, between the United City of Yorkville an Illinois municipal corporation, (hereinafter referred to as the "CITY") and the Board of Library Trustees of the Yorkville Public Library (hereinafter referred to as the "LIBRARY"), a public library under the Illinois Local Library Act. RECITALS WHEREAS, the LIBRARY is a public library pursuant to the Illinois Local Library Act, 75 ILCS 5/1 -0. 1 et seq. And as such has certain powers as described in said Act; and WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois of 1970 provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or ;by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and WHEREAS . Intergovernmental cooperation is further authorized by 51LCS 220/1 - 220/7; and WHEREAS, 75 ILCS 5/4-7(8) authorizes public libraries to contract with public corporations for the purposes of performing acts and carrying out the responsibilities, spirit and 1 provisions of the Illinois Local Library Act; and WHEREAS, it has been determined by the CITY and the LIBRARY that this Agreement would be beneficial to the welfare of the CITY and LIBRARY; and WHEREAS, the CITY is the owner of all the real estate and improvements on which the Library building is now located commonly known as 902 Game Farm Road, Yorkville, Illinois in which the LIBRARY is the sole occupant; and WHEREAS, the CITY levies taxes for LIBRARY purposes and performs other functions and services for the LIBRARY in accordance with applicable laws; and WHEREAS, the parties agree it is appropriate for the LIBRARY and the CITY to enter into an inter-governmental agreement governing the relationship between the parties as to those things contained in this Agreement. IT IS, THEREFORE, AGREED by and between the CITY and the LIBRARY, in consideration of the welfare of City residents, and the mutual covenants contained herein, as follows : 1 .0 RECITALS 1 . 1 The above recitals are substantive and are incorporated herein by reference. 2.0 EMPLOYMENT 2. 1 At all times LIBRARY employees shall remain employees of the LIBRARY and not the CITY under 75 ILCS 5/4-7(7). The CITY shall have no obligation to compensate LIBRARY employees, or to provide LIBRARY employees with any employee-related benefits or services other than by and through this Agreement from the effective date of the Agreement forwarded. 2 3 .0 SERVICE TO BE RENDERED BY THE CITY FOR THE LIBRARY. 3 . 1 The CITY shall administer the LIBRARY's payroll. 3 . 2 The CITY shall administer the LIBRARY' s unemployment compensation program. 3 .3 The LIBRARY may purchase health, dental, vision, and life insurance benefits from the CITY for eligible LIBRARY employees, as determined by the Library Board, under the terms of the CITY' s health, dental, vision, and life insurance benefit plans; or may in its discretion acquire its own plans for such purposes. 3 . 3 . 1 . The LIBRARY and/or its employees shall pay the CITY its costs of providing health, dental, life insurance for CITY employees, for each eligible LIBRARY employee if covered under the City Plan. Employment compensation to be paid by the CITY. 3 . 3 . 2. The CITY shall provide administrative services for the LIBRARY in regards to the applicable health, dental and life insurance benefit plans. 3 .3 .3 . With respect to insurance benefits purchased by the LIBRARY from the CITY, the Library retains the discretion and authority to allocate the cost between the LIBRARY and the Library employees the cost of the benefits which the LIBRARY purchases from the CITY, consistent with the CITY' s Policy on such allocation. 3 .4. The CITY may include LIBRARY employees in any and all voluntary tax deferred investment benefit plans, in addition to the Illinois Municipal Retirement Fund ("IMRF"), the CITY participates in on behalf of CITY employees, provided such inclusion does not disqualify the plan from its tax-exempt status. 3 . 5 . The CITY shall provide administrative services to the LIBRARY for LIBRARY employees participating in the IMRF, and any Voluntary Tax Deferred Investment Benefit Plans 3 in which LIBRARY employees participate. 3 . 6. The CITY shall administer flexible compensation for dependent care and health reimbursement on behalf of LIBRARY employees. 3 . 7. The CITY shall allow LIBRARY employees to apply for positions with the CITY as if they were internal applicants. 3 . 8 . The CITY shall perform accounting and (M.I. S.) services for the LIBRARY, including, but not limited to, processing based on the LIBRARY director' s instructions for the LIBRARY' s accounts payable. 3 .9. The CITY shall include the LIBRARY in its annual and other auditing services. 3 .9.(a) The LIBRARY should provide their own bonding services. 3 . 10. Each party shall extend to the other the benefits of cooperative purchases and Programs in accordance with the existing policies of each. 3 . 11 . The CITY shall maintain separate monetary funds on behalf of the LIBRARY including the following funds: ( 1 ) Library Money Market Account, (2) Library Building Expansion Fund Account, (3 ) Library Checking Account. The CITY shall invest the monies contained in said funds. Interest income from said funds, if applicable, shall be paid to the LIBRARY funds in said accounts. The CITY shall prepare a monthly financial report for the LIBRARY which shall show the status of each fund. 3 . 11 (a) CITY shall maintain the Library Director' s file, the remainder of the LIBRARY personnel file shall be kept by the LIBRARY. CITY shall keep all Board Meeting Minutes, agendas and Executive Session Minutes. The CITY is to PROVIDE all mowing and landscaping, maintain the interior and exterior of the 4 building, excluding daily custodial work. The City shall further maintain the parking lot, provide for building inspection yearly by City Building Inspector, supply and maintain lights, flags, picnic tables, and Library sign. In addition thereto the City shall provide City Sewer and Water at no charge. The LIBRARY shall provide all daily janitorial maintenance of the building at its own expense. The LIBRARY shall pay all other utility costs i.e. electric, gas, and telephone. 3 . 12. The CITY shall perform de-icing and snow removal services at the LIBRARY, including the parking lot and its entrance ways, exit ways, and public sidewalks. 4.0. AMENDMENTS AND MODIFICATIONS 4. 1 . This Agreement may be modified or amended from time to time by the CITY and the LIBRARY, provided, however, that no such amendment or modification shall be effective unless reduced to writing, duly authorized, and signed by the MAYOR and the appropriate officers of the LIBRARY BOARD. 5 . 0. SAVINGS CLAUSE 5 . 1 . If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions or results, the remaining parts or portions of this Agreement shall remain in full force and effect. 6.0. TERMS AND RENEWAL 7. 0. This Agreement shall be year-to-year and shall automatically renew unless it is terminated pursuant to the provisions of. 8. 0. TERMINATION 5 8 . 1 . Either party may terminate the provision of one or more of the services to be provided to the LIBRARY by the CITY as set forth in this Agreement, including termination of this entire Agreement, effective at the end of the CITY' s fiscal year, which shall be April 30, unless otherwise mutually agreed. 8 . 2. Notice of termination by either party to this Agreement must ;be made in writing and shall be effective upon receipt of 90 days written notice of ;the effective date of said termination from the terminating party. Mailing of such notice as and when above provided shall be equivalent to personal notice and shall be deemed to have been given at the time of mailing. 9. 0. NOTICE Any notice required to be given by this Agreement shall be deemed sufficient if made in writing and sent by certified mail, return receipt requested, or personal service to the persons and addresses indicated below or to such addresses and persons as either party hereto shall notify the other party of in writing pursuant to the provisions of this subsection: CITY ADMINISTRATOR UNITED CITY of YORKVILLE 111 W. Fox St., Suite 3 Yorkville, IL 60560 LIBRARY DIRECTOR YORKVILLE PUBLIC LIBRARY 902 GAME FARM ROAD YORKVILLE, IL 60560 10. 1 . Mailing of such notice as and when above provided shall be equivalent to personal 6 notice and shall be deemed to have been given at the time of mailing. 11 . 0. ENTIRE AGREEMENT 11 . 1 . This Agreement sets forth all the covenants, conditions and promises between the parties. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized representatives on the day and date first written above. UNITED CITY OF YORKVILLE BOARD OF LIBRARY TRUSTEES OF THE UNITED CITY OF YORKVILLE By: Mayor By: GAIL S . GAEBLER Its: ? I? E51 DEKT ATTEST ATTEST By: By: Da,4✓,vlq iY r<61 0 F Its: 1 Its: 5�C2e/7r'n_ y if :\C' .MNTS\CITYOFYO\LIBRARY\AGRRE 7 C4 Reviewed By: Agenda Item Number T Legal ® r EST 1836 Finance ❑ A� b� 1 Engineer ❑ { Tracking Number O City Administrator OAR Police ❑ <LE Vim`; Human Resources ❑ N � lVA �0 10 Public Works ❑ City Council Agenda Item Summary Memo Title: Riverfront Concession Lease REP — First Reading City Council / Committee Agenda Date: City Council — May 25, 2010 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N / A Action Taken: Item Number: Type of Vote Required: N / A — First Reading Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: This item was passed out of Administration Committee without a recommendation. The RFP document must be approved by City Council before it can be released. The timeframe in the RFP contemplates a June 81h City Council approval. If that date is missed, then the due date for the proposals will need to be amended. The packet includes a clean copy and a track changes copy, per legal review and recommendations by the Administration Committee. United City of Yorkville 6 REQUEST FOR PROPOSAL Name of Proposing Company: Project Name: Riverfront Building Lease Proposal No. : Proposal Due: Wednesday, July 14, 2010 at 3 :00 pm Proposal Opening_ Wednesday, July 14, 2010 at 3 :01 pm Required of All Proposers : Deposit: Not Required Letter of Capability of Acquiring Performance Bond: Not Required Required of Awarded Lessee: Performance Bond/Letter of Credit: Not Required Certificate of Insurance: Required Legal Advertisement Published: Date Issued : This document consists of xx pages. Return original and two duplicate copies of proposal along with one compact disc with proposal information contained on it in a * .doe (Microsoft Word) or *.pdf (Abode Acrobat) version in a sealed envelope marked with the Proposal Number as noted above to: BART OLSON INTERIM DIRECTOR OF PARKS AND RECREATION UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, IL 60560 PHONE: 630-553-4350 FAX: 630-553-7575 www.yorkville.il.us 1 United City of Yorkville The UNITED CITY OF YORKVILLE will receive proposals Monday thru Friday, 8 :00 A.M. to 4:30 P.M. at City Hall, 800 Game Farm Road, Yorkville, IL 60560. SPECIFICATIONS MUST BE MET AT THE TIME THE PROPOSAL IS DUE. The City Council reserves the right to accept or reject any and all proposals, to waive technicalities and to accept or reject any item of any proposal. The documents constituting component parts of this contract are the following: 1. REQUEST FOR PROPOSALS II. TERMS & CONDITIONS II1. DETAILED SPECIFICATIONS IV. PROPOSAL/CONTRACT FORM DO NOT DETACH ANY PORTION OF THIS DOCUMENT, INVALIDATION COULD RESULT. Proposers MUST submit an original, 2 additional paper copies and one compact disc of the total proposal. Upon formal award of the proposal, the successful Proposer will receive a copy of the executed contract. 2 United City of Yorkville I. REQUEST FOR PROPOSALS 1, GENERAL 1 . 1 . Notice is hereby given that the United City of Yorkville will receive sealed proposals up to Wednesday, July 14, 2010 at 3 :00 pm. 1 .2. Proposals will be opened and read aloud in the City Council Chambers at Yorkville City Hall, 800 Game Farm Road on Wednesday, January 6, 2010 at 3 :01 pm. 1 .3 . Proposals must be received at the United City of Yorkville by the time and date specified. Proposals received after the specified time and date will not be accepted and will be returned unopened to the Proposer. 1 .4. Proposal forms shall be sent to the United City of Yorkville, ATTN : Bart Olson, in a sealed envelope marked "SEALED PROPOSAL". The envelope shall be marked with the name of the project, date, and time set for receipt of proposals. 1 .5. By submitting this proposal, the proposer certifies under penalty of perjury that they have not acted in collusion with any other proposer or potential proposer. 2. PREPARATION OF PROPOSAL 2. 1 . It is the responsibility of the proposer to carefully examine the specifications and proposal documents and to be familiar with all of the requirements, stipulations, provisions, and conditions surrounding the proposed services. 2.2. No oral or telephone interpretations of specifications shall be binding upon the City. All requests for interpretations or clarifications shall be made in writing and received by the City at least five (5) business days prior to the date set for receipt of proposals. All changes or interpretations of the specifications shall be made by the City in a written addendum to our proposers of record. 2.3 . In case of error in the extension of prices in the proposal, the hourly rate or unit price will govern. In case of discrepancy in the price between the written and numerical amounts, the written amount will govern. 2.4. All costs incurred in the preparation, submission, and/or presentation of any proposal including any proposer's travel or personal expenses shall be the sole responsibility of the proposer and will not be reimbursed by the City. 2.5. The proposer hereby affirms and states that the prices quoted herein constitute the total cost to the City for all work involved in the respective items and that this cost also includes all insurance, royalties, transportation charges, use of all tools and equipment, superintendence, overhead expense, all profits and all other work, services and conditions necessarily involved in the work to be done and materials to be furnished in accordance with the requirements of the Contract Documents considered severally and collectively. 3 United City of Yorkville 3, MODIFICATION OR WITHDRAWAL OF PROPOSALS 3 . 1 . A Proposal that is in the possession of the City may be altered by a letter bearing the signature or name of person authorized for submitting a proposal, provided that it is received prior to the time and date set for the bid opening. Telephone, email or verbal alterations of a proposal will not be accepted. 3 .2. A Proposal that is in the possession of the City may be withdrawn by the proposer, up to the time set for the proposal opening, by a letter bearing the signature or name of person authorized for submitting proposals. Proposals may not be withdrawn after the proposal opening and shall remain valid for a period of ninety (90) days from the date set for the proposal opening, unless otherwise specified. 4. DELIVERY 4. 1 . All proposal prices are to be quoted, delivered F.O.B. City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560. 5. TAX EXEMPTION 5 . 1 . The City is exempt from Illinois sales or use tax for direct purchases of materials and supplies. A copy of the Illinois Sales Tax Exemption Form will be issued upon request. Our federal identification will also be provided to selected vendor. 6. RESERVED RIGHTS 6. 1 . The City of Yorkville reserves the exclusive right to waive sections, technicalities, irregularities and informalities and to accept or reject any and all proposals and to disapprove of any and all subLessees as may be in the best interest of the City. Time and date requirements for receipt of proposal will not be waived. II. TERMS AND CONDITIONS 7, CITY ORDINANCES 7. 1 . The successful proposer will strictly comply with all ordinances of the City of Yorkville and laws of the State of Illinois. 8. USE OF CITY'S NAME 8 . 1 . The proposer is specifically denied the right of using in any form or medium the name of the City for public advertising unless express permission is granted by the City. 9. INDEMNITY AND HOLD HARMLESS AGREEMENT 9. 1 . To the fullest extent permitted by law, the Proposer shall indemnify, keep and save harmless the City and its agents, officers, and employees, against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, which may arise directly or indirectly from any negligence or from the reckless or willful misconduct of the Proposer, its employees, or its subLessees, and the Proposer, its employees, or its subLessees, and the Proposer shall at its own expense, appear, defend and pay all charges 4 United City of Yorkville of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Proposer shall, at its own expense, satisfy and discharge the same. This Agreement shall not be construed as requiring the Proposer to indemnify the City for its own negligence. The Proposer shall indemnify, keep and save harmless the City only where a loss was caused by the negligent, willful or reckless acts or omissions of the Proposer, its employees, or its SubLessees. 10, NONDISCRIMINATION 10. 1 . Proposer shall, as a party to a public contract: (a) Refrain from unlawful discrimination in employment and undertake affirmative action to assure equality of employment opportunity and eliminate the effects of past discrimination; (b) By submission of this proposal, the Proposer certifies that he is an "equal opportunity employer" as defined by Section 2000(e) of Chapter 21 , Title 42, U.S. Code Annotated and Executive Orders #11246 and #11375, which are incorporated herein by reference. The Equal Opportunity clause, Section 6. 1 of the Rules and Regulations of the Department of Human Rights of the State of Illinois, is a material part of any contract awarded on the basis of this proposal. 10.2. It is unlawful to discriminate on the basis of race, color, sex, national origin, ancestry, age, marital status, physical or mental handicap, sexual orientation, or unfavorable discharge for military service. Proposer shall comply with standards set forth in Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sees. 2000 et seq., The Human Rights Act of the State of Illinois, 775 ILCS 511 - 101et. seq., and The Americans With Disabilities Act, 42 U.S.C. Sees. 12101 et. seq. 11. SEXUAL HARASSMENT POLICY 11 . 1 . The proposer, as a party to a public contract, shall have a written sexual harassment policy that: 11 . 1 . 1 . Notes the illegality of sexual harassment; 11 . 1 .2. Sets forth the State law definition of sexual harassment; 11 . 1 .3 . Describes sexual harassment utilizing examples; 11 . 1 .4. Describes the Proposer's internal complaint process including penalties; 11 . 1 .5 . Describes the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and how to contact these entities; and 11 . 1 .6. Describes the protection against retaliation afforded under the Illinois Human Rights Act, 12, EQUAL EMPLOYMENT OPPORTUNITY 12. 1 . In the event of the Proposer's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), the Proposer 5 United City of Yorkville maybe declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the Proposer agrees as follows: 12. 1 . 1 . That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, sexual orientation, sexual identity or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 12. 1 .2. That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 12. 1 .3 . That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military services. 12. 1 .4. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the Proposer' s obligations under the Illinois Human Rights Act and the Department' s Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the Proposer in its efforts to comply with such Act and Rules and Regulations, the Proposer will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 12. 1 .5. That it will submit reports as required by the Department's Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules and Regulations. 12. 1 .6. That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purpose of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. 12. 1 .7. That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subLessee. In the same manner as with other provisions of this contract, the Proposer will be liable for compliance with applicable provisions of this clause by such subLessees; and further it will promptly notify the contracting agency and the Department in the event any subLessee fails or refuses to comply therewith. In addition, the Proposer 6 United City of Yorkville will not utilize any subLessee declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivision or municipal corporations. 13. DRUG FREE WORK PLACE 13 . 1 . Proposer, as a party to a public contract, certifies and agrees that it will provide a drug flee workplace by: 13 .2. Publishing a statement: (1 ) Notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance, including cannabis, is prohibited in the City' s or proposer's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contact or grant, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 13 .3 . Establishing a drug free awareness program to inform employee's about: (1 ) the dangers of drug abuse in the workplace; (2) the City's or proposer's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance programs; (4) the penalties that may be imposed upon employees for drug violations. 13 .4. Providing a copy of the statement required above to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. 13 .5. Notifying the contracting or granting agency within ten (10) days after receiving notice of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction from an employee or otherwise receiving actual notice of such conviction. 13 .6. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted as required by section 5 of the Drug Free Workplace Act. 13 .7. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. 13 .8. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 14. PREVAILING WAGE ACT 14. 1 . Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed under this contract. Proposer agrees to pay the prevailing wage and require that all of its subLessees pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. 7 United City of Yorkville 14.2. Proposer and each subLessee shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of labor and must be preserved for four (4) years following completion of the contract. 15. INSURANCE REQUIREMENTS 15. 1 . Prior to the beginning of the contract period, Lessee and any SubLessees shall procure, maintain and pay for such insurance as will protect against claims for bodily injury of death, or for damage to property, including loss of use, which may arise out of operations by the Lessee or SubLessee or any Sub-Sub Lessee or by anyone employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall not be less than the greater of coverages and limits of liability specified below or any coverages and limits of liability specified in the Contract Documents or coverages and limits required by law unless otherwise agreed to by the City: Workers Compensation $5005000 Statutory Employers Liability $ 1 ,000,000 Each Accident $ 1 ,000,000 Disease Policy Limit $ 1 ,000,000 Disease Each Employee Comprehensive General Liability $2,000,000 Each Occurrence $2,000,000 Aggregate (Applicable on a Per Project Basis) Commercial Automobile Liability $ 1 ,000,000 Each Accident Umbrella Liability $3,000,000 15 .2. Commercial General Liability Insurance required under this paragraph shall be written on an occurrence form and shall include coverage for Products/Completed Operations, Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU and Blanket Contractual Liability insurance applicable to defense and indemnity obligations and other contractual indemnity assumed under the Contract Documents. 15.3 . Comprehensive Automobile Liability Insurance required under this paragraph shall include coverage for all owned, hired and non-owned automobiles. 15.4. Workers Compensation coverage shall include a waiver of subrogation against the City. 15.5 . Comprehensive General Liability, Employers Liability and Commercial Automobile Liability Insurance maybe arranged under single policies for full minimum limitsrequired, or by a combination of underlying policies with the balance provided by Umbrella and/or Excess Liability policies. 15.6. Lessee and all SubLessees shall have their respective Comprehensive General Liability (including ,products/completed operations coverage), Employers Liability, Commercial 8 United City of Yorkville Automobile Liability, and Umbrella/Excess Liability policies endorsed to add the "City of Yorkville, its officers, officials, employees and volunteers" as "additional insureds" with respect to liability arising out of operations performed; claims for bodily injury or death brought against City by any Lessee of SubLessee employees, or the employees of SubLessee' s subLessees of any tier, however caused, related to the performance of operations under the Contract Documents. Such insurance afforded to the City shall be endorsed to provide that the insurance provided under each policy shall be Primary and Non-Contributory. 15.7. Lessee and all SubLessees shall maintain in effect all insurance coverages required by the Contract Documents at their sole expense and with insurance carriers licensed to do business in the State of Illinois and having a current A. M. Best rating'of no less than A- VIII. In the event that the Lessee or any SubLessee fails to procure or maintain any insured required by the Contract Documents, the City may, at its option, purchase such coverage and deduct the cost thereof from any monies due to the Lessee or SubLessee, or withhold funds in an amount sufficient to protect the City, or terminate this Agreement pursuant to its terms. 15.8 . All insurance policies shall contain a provision that coverages and limits afforded hereunder shall not be canceled, materially changed, non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. Renewal certificates shall be provided to the City not less than five (5) prior to the expiration date of any of the required policies. All Certificates of Insurance shall be in a form acceptable to City and shall provide satisfactory evidence of compliance with all insurance requirements. The City shall not be obligated to review such certificates or other evidence of insurance, or to advise Lessee or SubLessee of any deficiencies in such documents, and receipt thereof shall not relieve the Lessee or SubLessee from, nor be deemed a waiver the right to enforce the terms of the obligations hereunder. The City shall have the right to examine any policy required and evidenced on the Certificate of Insurance. 16. COMPLIANCE WITH OSHA STANDARDS 16. 1 . Equipment supplied to the City must comply with all requirements and standards as specified by the Occupational Safety and Health Act. All guards and protectors as well as appropriate markings will be in place before delivery. Items not meeting any OSHA specifications will be refused. 17. SUBLETTING OF CONTRACT 17. 1 . No contract awarded by the City shall be assigned or any part sub-contracted without the written consent of the Director of Parks and Recreation. In no case shall such consent relieve the Awarded Proposer from their obligation or change the terms of the contract. 18. TERM OF CONTRACT 18. 1 . This contract may be extended no more than twice for subsequent annual periods (two annual extensions) by mutual agreement of both parties, providing such agreement complies with City purchasing policies and the availability of funds. However, if this contract is not one that is subject to extension, such information will be available in the 9 United City of Yorkville detailed specifications or special conditions section, supra. 19. TERMINATION OF CONTRACT 19. 1 . The City reserves the right to terminate the whole or any part of this contract, upon thirty (30) days written notice to the Awarded Proposer, in the event of default by the Awarded Proposer. Default is defined as failure of the Awarded Proposer to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. In the event that the Awarded Proposer fails to cure the default upon notice, and the City declares default and termination, the City may procure, upon such terms and in such manner as the City may deem appropriate, supplies or services similar to those so terminated. Any such excess costs incurred by the City may be set-off against any monies due and owing by the City to the Awarded Proposer. 20. BILLING & PAYMENT PROCEDURES 20. 1 . Payment will be made upon receipt of an invoice. Once an invoice has been verified, the invoice will be processed for payment in accordance with the City payment schedule, policy and procedures. 20.2. The City shall review in a timely manner each bill or invoice after its receipt. If the City determines that the bill or invoice contains a defect making it unable to process the payment request, the City shall notify the Proposer requesting payment as soon as possible after discovering the defect pursuant to rules promulgated under 50 ILCS 505/1 et seq. The notice shall identify the defect and any additional information necessary to correct the defect. 20.3 . Please send all invoices to the attention of City of Yorkville, Accounts Payable, 800 Game Farm Road, Yorkville, IL 60560. 21 , RELATIONSHIP BETWEEN THE PROPOSER AND THE CITY 21 . 1 . The relationship between the City and the Proposer is that of a Lessor and Lessee. 22. STANDARD OF CARE 22. 1 . Services performed by Proposer under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representations express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinions, and documents or otherwise. 22.2. If the Proposer fails to meet the foregoing standard, Proposer will perform at its own cost, and without reimbursement from the City, the professional services necessary to correct errors and omissions caused by Proposer' s failure to comply with the above standard and reported to Proposer within one (1) year from the completion ofProposer's services for the Project. 23, GOVERNING LAW 10 United City of Yorkville 23 . 1 . This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard for the conflict of laws provisions. Venue is proper only in the County of Kendall and the Northern District of Illinois. 24, SUCCESSORS AND ASSIGNS 24. 1 . The terms of this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided, however, that neither party will assign this Agreement in whole or in part without the prior written approval of the other. The Proposer will provide a list of key staff, titles, responsibilities, and contact information to include all expected sub Proposers. 25. WAIVER OF CONTRACT BREACH 25. 1 . The waiver by one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof will be limited to the particular instance and will not operate or be deemed to waive any future breaches of this Agreement and will not be construed to be a waiver of any provision except for the particular instance. 26. AMENDMENT 26. 1 . This Agreement will not be subject to amendment unless made in writing and signed by all parties. 27. SEVERABILITY OF INVALID PROVISIONS 27. 1 . If any provisions of this Agreement are held to contravene or be invalid under the laws of any state, country or jurisdiction, contravention will not invalidate the entire Agreement, but it will be construed as if not containing the invalid provision and the rights or obligations of the parties will be construed and enforced accordingly. 28. NOTICE 28. 1 . Any notice will be in writing and will be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party at the party's place of business. Notices shall be addressed to the City as follows: Director of Parks and Recreation City of Yorkville 800 Game Farm Road. Yorkville, IL 60560 And to the Proposer as designated in the Contract Form. III, DETAILED SPECIFICATIONS 29, DEFINITIONS 29.1. For the purpose of the Contract, definitions of certain terms are listed below. Certain words or phrases, when used in the Contract shall have the same meaning given to them in 11 United City of Yorkville this section. Other terms shall be defined within applicable subsections. Awarded proposer shall mean the firm which the City has selected to negotiate a contract, and pending successful completion of contract negotiations, shall become the Lessee Concession Lease Agreement shall mean the agreement awarded by the Lessor to the Lessee that governs use of the property and grants the Lessee the right to operate a business within the property, subject to restrictions. Contract shall mean the agreement created by and consisting of the Contract Documents and Concession Lease Agreement Contract Documents shall include the Request for Proposals, Terms and Conditions, Detail Specifications and the Concession Lease Agreement Lessee shall mean the firm with which the City has executed the Concession Lease Agreement. Day shall mean Calendar Day unless otherwise stated. Offseason shall mean November 1 through March 31 . Operating Season shall mean April 1 through October 31 . Proposer shall mean a firm that has submitted a full and complete response to this Request for Proposals. Specifications shall mean specifications identified in the Contract. 30. OPERATING SPECIFICATIONS OF THE CONCESSION LEASE AGREEMENT 30. 1 . In general terms, the City is seeking to grant a lessee the exclusive privilege of operating a canoe and kayak rental and business on the premises generally located at 301 E Hydraulic Street in Yorkville, and as more specifically described in this document. 30.2. For purposes of evaluating the proposer's experience and certifications, copies of resumes for all proposed operators, managers and major employees for the business are required in the proposal. Relevant work history and experience in operating a business of the nature as herein described shall be used in the evaluation of the proposal and selection of the awarded proposer. 30.3 . The City shall have the right at all times to inspect the premises occupied by the Lessee in conducting its services and sales. 30.4. The lessee shall make available for rental to the general public canoes and kayaks of various styles, shapes, and sizes and all necessary operational and safety equipment so as to allow canoeists and kayakers of all ages and skill levels the ability to traverse the dam 12 United City of Yorkville bypass, travel to another location downstream, or to participate in the whitewater recreation features in the dam bypass. 30.5 . The lessee shall make available for purchase by the general public of all boating skill levels training classes and seminars on canoeing and kayaking to be operated onsite by the lessee or his agents or sub-lessees within the operating season subject to the requirements of this agreement and as is reasonable. Lessee all employees, sub-lessees and agents shall have proper permits and licenses to conduct training and seminars. Lessee may partner with the City's Parks and Recreation Department to offer training classes and seminars at the City's REC Center during the offseason. 30.6. The lessee shall operate the premises and be open for business, at minimum, during the operating season dining the hours of 9 a.m. to 7 p.m., 7 days per week. 30.7. The lessee may charge prices and rates that are reasonable and fair. A copy of all prices and rates must be submitted annually to the Park Board, thirty (30) days prior to the start of the operating season. The Park Board must approve all charges and prices prior to opening. The Lessee shall conspicuously exhibit a list of all prices and charges relating to the sale and rental of equipment or services offered by Lessee. 30.8 . The lessee shall be responsible for all taxes and personal property, and maintenance work on the building and immediate premises. Any capital improvements done on the premises over $ 10,000 in value shall be approved by the Park Board prior to commencement. Any capital improvements done on the premises of $ 10,000 or less shall be approved by the Director of Parks and Recreation prior to commencement. Any capital improvements must be inspected by the City and all work and contractors must be licensed, bonded, and insured. 30.9. At the end of the agreement term, the City shall conduct an inspection of the premises, and the lessee shall be informed of the outcome of said inspection. The lessee shall be responsible for returning the premises to its original state, subject to the discretion of the Park Board. 30. 10. The lessee does not have exclusive rights to all concession operations within the park, but rather, only to the specific operation at the specific location as described in the Concession Lease Agreement. 30. 11 . The City agrees to furnish to the Lessee access to City water and sewer utilities. The Lessee is responsible for applicable usage payments for all utilities (sewer, water, electricity, phone, internet, etc.). The lessee is responsible for costs associated with utility connections and upgrades. 30. 12. If the lessee chooses not to occupy the building through the winter months, the lessee shall take all necessary precautions and measures to properly winterize the building. These precautionary measures shall include, but not be limited to, maintaining a minimum level of heat no less than 50 degrees Fahrenheit to protect the building from extreme freezing 13 United City of Yorkville conditions. If alternative methods of winterizing are to be utilized, those methods shall be subject to approval from the property owner. 30. 13 . The City has no control nor responsibility for the construction progress of the dam bypass and whitewater features, and therefore makes no guarantees nor warrants that construction will be complete by a certain date or time. The lessee assumes all risks associated with the nature of the unknown opening date for the dam bypass and whitewater features. 31. PAYMENTS AND OTHER REPORTS TO THE CITY 31 . 1 . The lessee is required to submit certain payments, forms, financial statements, and other items on a timely basis. Failure to submit any of the required items in a timely fashion may result in breach of the agreement. 31 .2. The lessee, at minimum, shall make payments equivalent to 5% of the annual sum of the total adjusted gross receipts. Said payment shall make said payment prior to February 1 of each year. 31 .3 . The lessee, at minimum, shall make premises rental payments of $200 per month for each month through the life of the agreement, due prior to the first of each calendar month. 31 .4. The lessee shall provide the City with a security deposit in the amount of $5,000, to be due to the City prior to start of the agreement term. Said deposit shall be held until after the end of the term of the agreement, and will be used to offset any damage to the premises. 31 .5 . The lessee shall provide to the City, prior to the start of the operating season, confirmation of insurance coverage for the premises and the operations of the business for the entire operating season, with the City named as additional insured on all policies. 31 .6. The lessee shall provide to the City, prior to the start of the operating season, confirmation of business interruption insurance coverage for the operations for the entire operating season. In the event that the City is the cause of the business interruption and agrees to credit the lessee an amount to offset the business interruption, said amount will be credited against the security deposit or future rent payments, at the City' s discretion. 31 .7. Failure to meet any deadline for payment will result in an interest charge of 10% on said late payment. 31 . 8 . The lessee is required to submit an annual concession financial statement by January 30 of each year. 32. FIRM QUALIFICATIONS AND EXPERIENCE 32. 1 . The proposal shall state the size of the firm and the number and nature of the staff to be employed under this contract on a full-time and/or part-time basis. 32.2. The proposal should identify the principal supervisory and/or management staff who would be assigned to this contract. The firm should also provide information on the relevant 14 United City of Yorkville experience of its firm on similar engagements. 32.3 . The City retains the right to approve or reject staff replacements of the successful bidder. If it is deemed necessary, background checks may be required of the successful bidders personnel that will be employed under this contract. 33. TERM OF CONTRACT 33 . 1 . The term of the Contract shall commence at 12 :01 a.m. on April 1 , 2010, and shall remain in full force and effect through termination at 11 :59 p.m. on March 31 , 2012. Upon request, the City may exercise an option to extend the contract term for an additional two (2) year period ending at 11 :59 p.m. on March 31 , 2014. The Lessee may negotiate in good faith, on request of the City, for an extension to the contract, provided that the contract extension is approved by the City Council no later than one hundred twenty (120) days before the termination of the existing contract. 34. PRINCIPAL CONTACT FOR CITY 34. 1 . The principal contact for the City that will coordinate assistance to the proposers will be Bart Olson, Interim Director of Parks and Recreation, 630-553 -4350 or bolsonOlyorkvilledl.us. 35. ALTERNATIVES AND DEVIATIONS 35 . 1 . The specifications included in this package describe existing services which the City believes are necessary to meet performance requirements of the City and shall be considered the minimum standards expected of the Lessee. 35 .2. Other alternatives from the specifications in Section III may be indicated if the proposed alternatives are equal to or greater than what is required by these specifications. All alternatives shall be separately listed, and a justification for each shall be stated. The Lessee shall use Appendix 3 , Schedule of Alternatives and Deviations, for listing other alternatives. 35.3 . If the Lessee is unable to meet any of the specifications as outlined herein, it shall also separately list all requested deviations from the specifications, with justifications attached for each deviation. The Lessee shall use Appendix 3 , Schedule of Alternatives and Deviations, for listing proposed deviations. 35.3 . 1 . If the Lessee does not indicate alternatives to or deviations from the specifications, the City shall assume it is able to fully comply with these specifications. The City shall be the sole and final judge of compliance with all specifications. 35.3 .2. The City further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations The City shall also be the sole and final judge as to whether any alternative or deviation is of an equivalent or better quality of service. 36. EMPLOYEES 36. 1 .The Lessee shall undertake to perform all services rendered in a neat, orderly and efficient manner; to use care and diligence in the performance of this contract; and to provide neat, 15 United City of Yorkville orderly and courteous personnel. The Lessee shall agree to prohibit any drinking of alcoholic beverages or use of illegal drugs or drugs which impair the ability of the employee or agent to safely and adequately perform his or her job while on duty or in the course of performing their duties under this contract. The Lessee shall also agree to ensure that each employee driving a vehicle shall at all times carry a valid operator's license for the type vehicle he/she is driving. The Lessee's employees will be attired, at all times, in a professional-type manner. These specifics will be agreed upon between representatives from the Lessee and the City Designated Representative 37. ACCIDENT PREVENTION 37. 1 .Precaution shall be exercised at all times for the citizens, employees and property. The safety provisions of all applicable laws and building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with safety provisions. 38. TAXES, LICENSES & PERMITS 38 . 1 .The Lessee shall pay all sales, use, property, income, and other taxes that are lawfully assessed against the City or the Lessee in connection with the Lessee's facilities and the work included in this Contract, and shall obtain and pay for all licenses, permits, certificates of authority, and inspections required for the work. The Lessee shall furnish to the City satisfactory evidence that it has all permits, licenses, and certificates of authority required to operate for the term of this contract. 39. DEFAULT 39. 1 . If the Lessee fails to observe any portion of the Concession Lease Agreement and there has not been sufficient cause to justify such lack of observance, the City shall serve notice, either personally or by affixing such notice to the local premises of the Lessee, that this contract shall be in default if the Lessee does not take action to remedy failure the schedule within twenty-four (24) hours of said notice. If at the end of the twenty-four (24) hour period, the Lessee has not made the necessary corrections, the City shall take such steps as are necessary, to provide services according to the collection schedule submitted by the Lessee. The Lessee will be liable for any costs of such steps from the date of the notice of default. If deemed necessary by the City's Designated Representative, the City shall have the right to take over all equipment and facilities of the Lessee for a period of up to one-hundred-twenty (120) days from the date of notice of default. 16 United City of Yorkville IV. PROPOSAL FORM ***THIS PROPOSAL, WHEN ACCEPTED AND SIGNED BY AN AUTHORIZED SIGNATORY OF THE CITY OF YORKVILLE, SHALL BECOME A CONTRACT BINDING UPON BOTH PARTIES. Entire Block Must Be Completed When A Submitted Proposal Is To Be Considered For Award PROPOSER: Date: Company Name Email Address Street Address of Company Contact Name (Print) City, State, Zip 24-Hour Telephone Business Phone Signature of Officer, Partner or Fax Sole Proprietor Print Name & Title ATTEST: If a Corporation Signature of Corporation Secretary CITY OF YORKVILLE : ATTEST: Authorized Signature Signature of City Clerk Title Date Date In compliance with the specifications, the above-signed offers and agrees, if this Proposal is accepted within 90 calendar days from the date of opening, to furnish any or all of the services at the standards described herein within the time specified above. 17 United City of Yorkville PROPOSER'S CERTIFICATION (page 1 of 3) With regard to , proposer hereby certifies (Name of Project) (Name of Proposer) the following: 1 . Proposer is not barred from bidding this contract as a result of violations of Section 720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33E-4 (Bid-Rotating); 2. Proposer certifies that it has a written sexual harassment policy in place and is in full compliance with 775 ILCS § 12- 105(A)(4); 3 . Proposer certifies that not less than the prevailing rate of wages as determined by the City of Yorkville, Kendall County County or the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work for the City of Yorkville. All bonds shall include a provision as will guarantee the faithful performance of such prevailing wage clause. Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed. Proposer agrees to pay the prevailing wage and require that all of its subLessees pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. Proposer and each subLessee shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be sent to the City on a monthly basis along with the invoice and shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of Labor and must be preserved for four (4) years following completion of the contract. Proposer certifies that proposer and any subLessees working on the project are aware that filing false payroll records is a class B misdemeanor and that the monetary penalties for violations are to be paid pursuant to law by the proposer, Lessee and subLessee. The City shall not be liable for any underpayments. If applicable: Since this is a contract for a fixed public works project, as defined in 820 ILCS 130/2, Lessee agrees to post at the job site in an easily accessible place, the prevailing wages for each craft or type of worker or mechanic needed to execute the contract or work to be performed. 4. Proposer certifies that it is in full compliance with the Federal Highway Administrative Rules on Controlled Substances and Alcohol Use and Testing, 49 C. F.R. Parts 40 and 382 and that all employee drivers are currently participating in a drug and alcohol testing program pursuant to the Rules. 5 . Proposer further certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue, or that Proposer is contesting its liability for the tax delinquency or the amount of a tax delinquency in accordance with the procedures established by the appropriate Revenue Act. Proposer further certifies that if it owes any tax payment(s) to the Department of Revenue, Proposer has entered into an agreement with the Department of PROPOSER'S CERTIFICATION (page 2 of 3) 18 United City of Yorkville Revenue for the payment of all such taxes that are due, and Proposer is in compliance with the agreement. BY : Proposer's Authorized Agent FEDERAL TAXPAYER IDENTIFICATION NUMBER or Social Security Number Subscribed and sworn to before me this day of 20. Notary Public) (Fill Out Applicable Paragraph Below) (a) Corporation The Proposer is a corporation organized and existing under the laws of the State of which operates under the Legal name of and the full names of its Officers are as follows: President: Secretary: Treasurer: and it does have a corporate seal. (In the event that this bid is executed by other than the President, attach hereto a certified copy of that section of Corporate By-Laws or other authorization by the Corporation which permits the person to execute the offer for the corporation.) (b) Partnership Signatures and Addresses of All Members of Partnership: PROPOSER'S CERTIFICATION (page 3 of 3) 19 United City of Yorkville The partnership does business under the legal name of: which name is registered with the office of in the state of (c) Sole Proprietor The Supplier is a Sole Proprietor whose full name is: and if operating under a trade name, said trade name is: which name is registered with the office of in the state of 5. Are you willing to comply with the City' s preceding insurance requirements within 13 days of the award of the contract? Insurer' s Name Agent Street Address City, State, Zip Code Telephone Number I/We affirm that the above certifications are true and accurate and that I/we have read and understand them, Print Name of Company: Print Name and Title of Authorizing Signature: Signature: Date: 20 United City of Yorkville APPENDIX 3 SCHEDULE OF ALTERNATIVES AND DEVIATIONS Please list any proposed alternative or deviation to the minimum payment percentages and amounts, and other standards as outlined in the specifications section of this document. (Please attach additional sheets if necessary.) 21 United City of Yorkville APPENDIX 6 LESSEE QUALIFICATIONS Name of Business: Business Address: Mailing Address: Business Number: Emergency Number: Fax Number: Ownership: Individual Partnership Corporation Franchise or Parent Company (if applicable) : List all Partners, Managers, and Corporate Officers: Name Title Residence Phone Days of Operation: Business Hours: Number of Employees: Supervisors: Drivers: Office Personnel: 22 United City of Yorkville REQUEST FOR PROPOSAL Name of Proposing Company: i Project Name: River front Building Lease Proposal No.: - Proposal Due: Wednesd 14„14„ 2010 at 3:00 pm -" Deleted: aawa � s Proposal Opening: Wednesday July 14 2010 at 3:01 pm_ ._— Deleted: �ao�aryv =— Required of All Proposers: Deposit: Not Required Letter of Capability of Acquiring Performance Bond: Not Required Required of Awarded Lessee: Performance Bond/Letter of Credit: Not Required Certificate of Insurance: Required Legal Advertisement Published: Date Issued: This document consists of xx pages. Return original and two duplicate copies of proposal along with one compact disc with proposal information contained on it in a *.doe (Microsoft Word) or *.pdf (Abode Acrobat) version in a sealed envelope marked with the Proposal Number as noted above to: BART OLSON INTERIM DIRECTOR OF PARKS AND RECREATION UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, IL 60560 PHONE: 630-553-4350 FAX: 630-553=7575 www.yorkville.il.us 1 United City of Yorkville The UNITED CITY OF YORKVILLE will receive proposals Mondaythru Friday, 8:00 A.M. to 4:30 P.M . at City Hall, 800 Game Farm Road, Yorkville, IL 60560. SPECIFICATIONS MUST BE MET AT THE TIME THE PROPOSAL IS DUE. The City Council reserves the right to accept or reject any and all proposals, to waive technicalities and to accept or reject any item of any proposal. The documents constituting component parts of this contract are the following: 1. REQUEST FOR PROPOSALS H. TERMS & CONDITIONS 111. DETAILED SPECIFICATIONS IV. PROPOSAL/CONTRACT FORM DO NOT DETACH ANY PORTION OF THIS DOCUMENT. INVALIDATION COULD RESULT. Proposers MUST submit an original, 2 additional paper copies and one compact disc of the total proposal. Upon formal award of the proposal, the successful Proposer will receive a copy of the executed contract. 2 United City of Yorkville I. REQUEST FOR PROPOSALS 1. GENERAL 1 . 1 . Notice is hereby given that the United City of Yorkville will receive sealed proposals up to Wednesday, Jul 1 2010 at 3:00 pm. Deleted: raa"ary6 1 .2. Proposals will be opened and read aloud in the City Council Chambers at Yorkville City Hall, 800 Game Farm Road on Wednesday, January 6, 2010 at 3:01 pm. 1 .3. Proposals must be received at the United City of Yorkville by the time and date specified. Proposals received after the specified time and date will not be accepted and will be returned unopened to the Proposer. 1 .4. Proposal forms shall be sent to the United City of Yorkville, ATTN: Bart Olson, in a sealed envelope marked "SEALED PROPOSAL". The envelope shall be marked with the name of the project, date, and time set for receipt of proposals. I .S. By submitting this proposal, the proposer certifies under penalty of perjury that they have not acted in collusion with any other proposer or potential proposer. 2. PREPARATION OF PROPOSAL 2.1 . It is the responsibility of the proposer to carefully examine the specifications and proposal documents and to be familiar with all of the requirements, stipulations, provisions, and conditions surrounding the proposed services. 2.2. No oral or telephone interpretations of specifications shall be binding upon the City. All requests for interpretations or clarifications shall be made in writing and received by the City at least five (5) business days prior to the date set for receipt of proposals. All changes or interpretations of the specifications shall be made by the City in a written addendum to our proposers of record. 2.3. In case of error in the extension of prices in the proposal, the hourly rate or unit price will govem. In case of discrepancy in the price between the written and numerical amounts, the written amount will govern. 2.4. All costs incurred in the preparation, submission, and/or presentation of any proposal including any proposer's travel or personal expenses shall be the sole responsibility of the proposer and will not be reimbursed by the City. 2.5. The proposer hereby affirms and states that the prices quoted herein constitute the total cost to the City for all work involved in the respective items and that this cost also includes all insurance, royalties, transportation charges, use of all tools and equipment, superintendence, overhead expense, all profits and all other work, services and conditions necessarily involved in the work to be done and materials to be furnished in accordance with the requirements of the Contract Documents considered severally and collectively. 3 United City of Yorkville 3. MODIFICATION OR WITHDRAWAL OF PROPOSALS 3.1 . A Proposal that is in the possession of the City may be altered by a letter bearing the signature or name of person authorized for submitting a proposal, provided that it is received prior to the time and date set for the bid opening. Telephone, email or verbal alterations of a proposal will not be accepted. 3.2. A Proposal that is in the possession of the City may be withdrawn by the proposer, up to the time set for the proposal opening, by a letter bearing the signature or name of person authorized for submitting proposals. Proposals may not be withdrawn after the proposal opening and shall remain valid for a period of ninety (90) days from the date set for the proposal opening, unless otherwise specified. 4. DELIVERY 4.1 . All proposal prices are to be quoted, delivered F.O.B. City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560. 5. TAX EXEMPTION 5.1 . The City is exempt from Illinois sales or use tax for direct purchases of materials and supplies. A copy of the Illinois Sales Tax Exemption Form will be issued upon request. Our federal identification will also be provided to selected vendor. 6. RESERVED RIGHTS 6.1 . The City of Yorkville reserves the exclusive right to waive sections, technicalities, irregularities and informalities and to accept or reject any and all proposals and to disapprove of any and all subLessees as may be in the best interest of the City. Time and date requirements for receipt of proposal will not be waived. II, TERMS AND CONDITIONS 7. CITY ORDINANCES 7. 1 . The successful proposer will strictly comply with all ordinances of the City of Yorkville and laws of the State of Illinois. 8. USE OF CITY'S NAME 8.1 . The proposer is specifically denied the right of using in any form or medium the name of the City for public advertising unless express permission is granted by the City. 9. INDEMNITY AND HOLD HARMLESS AGREEMENT 9.1 . To the fullest extent permitted by law, the Proposer shall indemnify, keep and save harmless the City and its agents, officers, and employees, against all injuries, deaths, losses, damages, claims, suits, liabilities,judgments, costs and expenses, which may arise directly or indirectly from any negligence or from the reckless or willful misconduct ofthe Proposer, its employees, or its subLessees, and the Proposer, its employees, or its subLessees, and the Proposer shall at its own expense, appear, defend and pay all charges 4 United City of Yorkville of attorneys and all costs and other expenses arising therefi-otn or incurred in connection therewith, and, if anyjudgment shall be rendered against the City in any such action, the Proposer shall, at its own expense, satisfy and discharge the same. This Agreement shall not be construed as requiring the Proposer to indemnify the City for its own negligence. The Proposer shall indemnify, keep and save harmless the City only where a loss was caused by the negligent, willful or reckless acts or omissions of the Proposer, its employees, or its SubLessees. 10. NONDISCRIMINATION 10. 1 . Proposer shall, as a party to a public contract: (a) Refrain fi-om unlawful discrimination in employment and undertake affirmative action to assure equality of employment opportunity and eliminate the effects ofpast discrimination; (b) By submission ofthisproposal, the Proposer certifies thatheisan "equal opportunity employer" as defined by Section 2000(e) of Chapter 21, Title 42, U.S. Code Annotated and Executive Orders 411246 and #11375, which are incorporated herein by reference. The Equal Opportunity clause, Section 6. 1 of the Rules and Regulations ofthe Department of HumanRights of the Stateof Illinois, is a material - part of any contract awarded on the basis of this proposal. 10.2. It is unlawful to discriminate on the basis of race, color, sex, national origin, ancestry, age, marital status, physical or mental handicap, sexual orientation, or unfavorable discharge. for military service. Proposer shall comply with standards set forth in Title VII of the Civil Rights Act of 1964, 42 U.S.C. Secs. 2000 et seq., The Human Rights Act ofthe State of Illinois, 775 ILCS 5/1-101et. seq., and The Americans With Disabilities Act, 42 U.S.C. Secs. 12101 et. seq. 11. SEXUAL HARASSMENT POLICY 11 .1 . The proposer, as a party to a public contract, shall have a written sexual harassment policy that: 11 . 1 . 1 . Notes the illegality of sexual harassment; 11 . 1 .2. Sets forth the State law definition of sexual harassment; 11 . 1 .3. Describes sexual harassment utilizing examples; 11 . 1 .4. Describes the Proposer's internal complaint process including penalties; 11 .1 .5. Describes the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and how to contact these entities; and 11 .1 .6. Describes the protection against retaliation afforded underthe Illinois Human Rights Act. 12. EQUAL EMPLOYMENT OPPORTUNITY 12. 1 . In the event of the Proposer's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), the Proposer 5 United City of Yorkville may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the Proposer agrees as follows: 12. 1 .1 . That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, sexual orientation, sexual identity or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such undermilization. 12.1 .2. That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 12.1 .3. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military services. 12.1 .4. That it will send to each labor organization or representative of workers with which if has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the Proposer's obligations under the Illinois Human Rights Act and the Department's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the Proposer in its efforts to comply with such Act and Rules and Regulations, the Proposer will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 12.1 .5. That it will submit reports as required by the Department's Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules and Regulations. 12. 1 .6. That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purpose of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. 12.1 .7. That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be bindingupon such subLessee. In the same manner as with other provisions of this contract, the Proposer will be liable for compliance with applicable provisions of this clause by such subLessees; and further it will In notify the contracting agency and the Department in the event any subLessee fails or refuses to comply therewith. In addition, the Proposer 6 United City of Yorkville will not utilize any subLessee declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivision or municipal corporations. 13. DRUG FREE WORK PLACE 13. 1 . Proposer, as a party to a public contract, certifies and agrees that it will provide a drugfree workplace by: 13.2. Publishing a statement: (1 ) Notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance, including cannabis; is prohibited in the City's or proposer's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contact or grant, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 13.3. Establishing a drug free awareness program to inform employee's about: (1 ) the dangers of drug abuse in the workplace; (2) the City's or proposer's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance programs; (4) the penalties that may be imposed upon employees for drug violations. 13.4. Providing a copy of the statement required above to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. 13.5. Notifying the contracting or granting agency within tell (10) days after receiving notice of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction from an employee or otherwise receiving actual notice of such conviction. 13.6. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted as required by - section 5 of the Drug Free Workplace Act, 13.7. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. 13.8. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act 14. PREVAILING WAGE ACT 14.1 . Proposer agrees to comply with the Illinois Prevailing Wage Act, 8201LCS 130/1 etseq., for all work completed under this contract. Proposer agrees to pay the prevailing wage and require that all of its subLessees pay prevailing wage to any laborers, worker or mechanics who perform work pursuant to this contract or related subcontract. 7 United City of Yorkville 14.2. Proposer and each subLessee shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in compction with the contract. This record shall be open to inspection at all reasonable horns by any representative of the City or the Illinois Department of labor and must be preserved for four (4) years following completion of the contract. 15. INSURANCE REQUIREMENTS 15. 1 . Prior to the beginning of the contract period, Lessee and any SubLessees shall procure, maintain and pay for such insurance as will protect against claims for bodily injury of death, or for damage to property, including loss of use, wlvch may arise out of operations by the Lessee or SubLessee or any Sub-Sub Lessee or by anyone employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall not be less than the greater of coverages and limits of liability specified below or any coverages and limits of liability specified in the Contract Documents or coverages and limits required by law unless otherwise agreed to by the City: Workers Compensation $5005000 Statutory Employers Liability $1 ,000,000 Each Accident $1 ,000,000 Disease Policy Limit $1 ,000,000 Disease Each Employee Comprehensive General Liability $2,000,000 Each Occurrence $2,000,000 Aggregate (Applicable on a Per Project Basis) Commercial Automobile Liability $1 ,000,000 Each Accident Umbrella Liability $31000,000 15.2. Commercial General Liability Insurance required under this paragraph shall be written on an occurrence form and shall include coverage for Products/Completed Operations; Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU and Blanket Contractual Liability insurance applicable to defense and indemnity obligations and other contractual indemnity assumed under the Contract Documents. 15.3. Comprehensive Automobile Liability Insurance required under this paragraph shall include coverage for all owned, hired and non-owned automobiles. 15.4. Workers Compensation coverage shall include a waiver of subrogation against the City. 15.5. Comprehensive General Liability, Employers Liability and Commercial Automobile Liability Insurance may be ganged under single policies for full minimum limits required, or by a combination of underlying policies with the balance provided by Umbrella and/or Excess Liability policies. 15.6. Lessee and all SubLessees shall have their respective Comprehensive General Liability (including products/completed operations coverage), Employers Liability, Commercial 8 United City of Yorkville Automobile Liability. and Umbrella/Excess Liability policies endorsed to add the "City of Yorkville. its officers, officials, employees and volunteers" as "additional insureds" with respect to liability arising out of operations performed; claims for bodily injury or death brought against City by any Lessee of SubLessee employees, or the employees of SubLessee's subLessees of any tier, however caused, related to the performance of operations under the Contract Documents. Such insurance afforded to the City shall be endorsed to provide that the insurance provided under each policy shall be Prireary and Now-Contributory. 15.7. Lessee and all SubLessees shall maintain in effect all insurance coverages required by the Contract Documents at their sole expense and with insurance carriers licensed to do business in the State of Illinois and having a current A. M. Best rating of no less than A- VIII. In the event that the Lessee or any SubLessee fails to procure or maintain any insured required by the Contract Documents, the City may, at its option, purchase such coverage and deduct the cost thereof from any monies due to the Lessee or SubLessee, or withhold bandsman amount sufficient to protect the City, or terminate this Agreement pursuant to its terms. 15.8. All insurance policies shall contain a provision that coverages and limits afforded hereunder shall not be canceled, materially changed, non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. Renewal certificates shall be provided to the City not less than five (5) priorto the expiration date of any of the required policies. All Certificates of Insurance shall be in a form acceptable to City and shall provide satisfactory evidence of compliance with all insurance requirements. The City shall not be obligated to review such certificates or other evidence of insurance, or to advise Lessee or SubLessee of any deficiencies in such documents, and receipt thereof shall not relieve the Lessee or SubLessee from, nor be deemed a waiver theright to enforce the terns of the obligations hereunder. The City shall have the right to examine any policy required and evidenced on the Certificate of Insurance. 16. COMPLIANCE WITH OSHA STANDARDS 16.1 . Equipment supplied to the City must comply with all requirements and standards as specified by the Occupational Safety and Health Act. All guards and protectors as well as appropriate markings will be in place before delivery. Items not meeting any OSHA specifications will be refused. 17. SUBLETTING OF CONTRACT 17. 1 . No contract awarded by the City shall be assigned or any part sub-contracted without the written consent of the Director of Parks and Recreation. In no case shall such consent relieve the Awarded Proposer from their obligation or change the terms of the contract. 18. TERM OF CONTRACT 18. 1 . This contract may be extended no more than twice for subsequent annual periods (two annual extensions) by mutual agreement of both parties, providing such agreement complies with City purchasing policies and the availability of funds. However, if this contract is not one that is subject to extension, such information will be available in the 9 United City of Yorkville detailed specifications or special conditions section, supra. 19. TERMINATION OF CONTRACT 19. 1 . The City reserves the right to terminate the whole or any part of this contract, upon thirty (30) days written notice to the Awarded Proposer, in the event of default by the Awarded Proposer. Default is defined as failure of the Awarded Proposer to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. In the event that the Awarded Proposer fails to cure the default upon notice, and the City declares default and termination, the City may procure, upon such terms and in such manner as the City may deem appropriate, supplies or services similar to those so terminated. Any such excess costs incurred by the City may be set-off against any monies due and owing by the City to the Awarded Propose-. 20. BILLING & PAYMENT PROCEDURES 20. 1 . Payment will be made upon receipt of an invoice. Once an invoice has been verified, the invoice will be processed for payment in accordance with the City payment schedule, policy and procedures. 20.2. The City shall review in a timely manner each bill or invoice after its receipt. If the City determines that the bill or invoice contains a defect making it unable to process the payment request, the City shall notify the Propose requesting payment as soon as possible - after discovering the defect pursuant to rules promulgated under 50 ILCS 505/1 et seq. . The notice shall identify the defect and any additional information necessary to correct the defect. 20.3. Please send all invoices to the attention of City of Yorkville, Accounts Payable, 800 Game Farm Road, Yorkville, IL 60560. 21. RELATIONSHIP BETWEEN THE PROPOSER AND THE CITY 21 . 1 . The relationship between the City and the Proposer is that of a Lessor and Lessee. 22. STANDARD OF CARE 22. 1 . Services performed by Proposer under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by member of the - profession currently practicing in the same locality under similar conditions. No other representations express or implied, and no warranty or guarantee is included orimended in this Agreement, or in any report, opinions, and documents or otherwise. 22.2. If the Proposer fails to meet the foregoing standard, Proposer will perform at its own cost, and without reimbursement from the City, the professional services necessary to correct errors and omissions caused by Proposer's failure to comply with the above standard and reported to Proposer within one ( 1 ) year from the completion ofProposer's services for the Project. 23. GOVERNING LAW 10 United City of Yorkville 23. 1 . This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard for tile conflict of laws provisions. Venue is proper only in the County of Kendall and the Northern District of Illinois. 24. SUCCESSORS AND ASSIGNS 24.1 . The terms of this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided, however, that neither party will assign this Agreement in whole or in part without the prior written approval of the other. The Proposer will provide a list of key staff, titles, responsibilities, and contact information to include all expected sub Proposers. 25. WAIVER OF CONTRACT BREACH 25. 1 . The waiver by one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof will be limited to the particular instance and will not operate or be deemed to waive any future breaches of this Agreement and will not be construed to be a waiver of any provision except for the particular instance. 26. AMENDMENT 26. 1 . This Agreement will not be subjectto amendment unlessmadein writingand signedbyall parties. 27. SEVERABILITY OF INVALID PROVISIONS 27.1 . if any provisions of this Agreement are held to contravene or he invalid under the laws of any state, country orjurisdiction, contravention will not invalidate the entire Agreement, but it will be construed as if not containing the invalid provision and the rights or obligations of the parties will be construed and enforced accordingly. 28. NOTICE 28. 1 . Any notice will be in writing and will be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party at the party's place of business. Notices shall be addressed to the City as follows: Director of Parks and Recreation City of Yorkville 800 Game Farm Road. Yorkville, IL 60560 And to the Proposer as designated in the Contract Form. III. DETAILED SPECIFICATIONS 29. DEFINITIONS 29.1. For the purpose of the Contract, definitions of certain terms are listed below. Certain words or phrases, when used in the Contract shall have the same meaning given to them in 11 United City of Yorkville this section. Other terms shall be defined within applicable subsections. Awarded proposer shall mean the firm which the City has selected to negotiate a contract, and pending successful completion of contract negotiations, shall become the Lessee Concession Lease Agreement shall mean the agreement awarded by the Lessor to the Lessee that governs use of the property and grants the Lessee the right to operate a business within the property, subject to restrictions. - - Contract shall mean the agreement created by and consisting of the Contract Documents and Concession Lease Agreement Contract Documents shall include the Request for Proposals, Terms and Conditions, Detail Specifications and the Concession Lease Agreement Lessee shall mean the firm with which the City has executed the Concession Lease Agreement. Day shall mean Calendar Day unless otherwise stated. Offseason shall mean November 1 through March 31 . Operating Season shall mean April 1 through October 31 . Proposer shall mean a firm that has submitted a full and complete response to this Request for Proposals. Specifications shall mean specifications identified in the Contact. 30. OPERATING SPECIFICATIONS OF THE CONCESSION LEASE AGREEMENT 30. 1 . hn general terms, the City is seeking to grant a lessee the exclusive privilege of operating a canoe and kayak rental and business on the premises generally located at 301 E Hydraulic Street in Yet kville, and as more specifically described in this docwnent.i _.-- con ent [6oi1 [amm� mNinageemeti shouldhme the mm �day of the noildi t, a da potion to the eaa oCthe hoddtnb foe canoe (kayak 30.2. For purposes of evaluating the proposer's experience and certifications, copies of resumes am abe. for all proposed operators, managers and major employees for the business are required in the proposal. Relevant work history and experience in operating a business of the nature as herein described shall be used in the evaluation of the proposal and selection of the awarded proposer. 30.3. The City shall have the right at all times to inspect the premises occupied by the Lessee in conducting its services and sales. 30.4. The lessee shall make available for rental to the general public canoes and kayaks of various styles, shapes, and sizes and all necessary operational and safety equipment so as to allow canoeists and kayakers of all ages and skill levels the ability to traverse the dam 12 United City of Yorkville bypass, travel to another location downstream, or to participate in the whitewater recreation features in the dam bypass. 30.5. The lessee shall make available for purchase by the general public of all boating skill levels training classes and seminars on canoeing and kayaking to be operated onsite by the lessee or his agents or sub-lessees within the operating season subject to the requirements of this agreement and as is reasonable. Lessee all employees, sub-lessees and agents shall have proper permits and licenses to conduct training and seminars. Lessee may partner with the City's Parks and Recreation Department to offer training classes and seminars at the City's REC Center during the offseason. 30.6. The lessee shall operate the premises and be open for business, at minimum, during the operating season during the horns of 9 a.m. to 7 p.m., 7 days per week. 30.7. The lessee may charge prices and rates that are reasonable and fair. A copy of all prices and rates must be submitted annually to the Park Board, thirty (30) days prior to the start of the operating season. The Park Board must approve all charges and prices prior to opening. The Lessee shall conspicuously exhibit a list of all prices and charges relating to the sale and rental of equipment or services offered by Lessee. 30.8. The lessee shall be responsible for all taxes and personal property, and maintenance work on the building and immediate premises. Any capital improvements done on the premises over $ 10,000 in value shall be approved by the Park Board prior to commencement. Any capital improvements done on the premises of$10,000 or less shall be approved by the Director of Parks and Recreation prior to commencement. Any capital improvements must be inspected by the City and all work and contractors must be licensed, bonded, and insured. 30.9. At the end of the agreement tern, the City shall conduct an inspection of the premises, and the lessee shall be informed of the outcome of said inspection. The lessee shall be responsible for returning the premises to its original state, subject to the discretion of the - Park Board. 30. 10. The lessee does not have exclusive rights to all concession operations within the park, but rather, only to the specific operation at the specific location as described in the Concession Lease Agreement. 30. 11 . The City agrees to furnish to the Lessee access to City water and sewer utilities. The Lessee is responsible for applicable usage payments for all utilities (sewer, water, electricity, phone, internet, etc.). The lessee is responsible for costs associated with utility connections and upgrades. 30. 12. If the lessee chooses not to occupy the building through the winter months, the lessee shall take all necessary In and measures to properly winterize the building. These precautionary measures shall include, but not be limited to, maintaining a minimum level of heat no less than 50 degrees Fahrenheit to protect the building from extreme freezing 13 United City of Yorkville conditions. if alternative methods of winterizing are to be utilized, those methods shall be subject to approval from the property owner. 30. 13. The City has no control nor responsibility for the construction progress of the dam bypass and whitewater features, and therefore makes no guarantees nor warrants that construction will be complete by a certain date or time. The lessee assumes all risks associated with the nature of the unknown opening date for the dam bypass and whitewater features. 31. PAYMENTS AND OTHER REPORTS TO THE CITY 31 . 1 . The lessee is required to submit certain payments, forms, financial statements, and other items on a timely basis. Failure to submit any of the required items in a timely fashion may result in breach of the agreement. 31 .2. The lessee, at minimum, shall make payments equivalent to 5% of the annual sum of the total adjusted gross receipts. Said payment shall make said payment prior to February 1 of each year. 31 .3. The lessee, at minimum, shall make premises rental payments of$200 per month for - each month through the life of the agreement, due prior to the first of each calendar month. 31 .4. The lessee shall provide the City with a security deposit in the amount of$5,000, to be due to the City prior to start of the agreement tern, Said deposit shall be held until after the end of the tern of the agreement, and will be used to offset any damage to the premises. 31 .5. The lessee shall provide to the City, prior to the start of the operating season, confirmation of insurance coverage for the premises and the operations of the business for the entire operating season, with the City named as additional insured on all policies. 31 .6. The lessee shall provide to the City, prior to the start of the operating season, confirmation of business interruption insurance coverage for the operations for the entire operating season. In the event that the City is the cause of the business interruption and agrees to credit the lessee an amount to offset the business interruption, said amount will be credited against the security deposit or future rent payments, at the City's discretion. 31 .7. Failure to meet any deadline for payment will result in an interest charge of 10% on said late payment. 31 .8. The lessee is required to submit an annual concession financial statement by January 30 of each year. 32. FIRM QUALIFICATIONS AND EXPERIENCE 32. 1 . The proposal shall state the size of the firm and the number and nature of the staff to be employed under this contract on a full-time and/or pant-time basis. 32.2. The proposal should identify the principal supervisory and/or management staff who would be assigned to this contract. The firm should also provide information on the relevant 14 United City of Yorkville experience of its firm on similar engagements. 32.3. The City retains the right to approve or reject staff replacements of the successful bidder. If it is deemed necessary, background checks may be required of the successful bidders personnel that will be employed under this contract. 33. TERM OF CONTRACT 33. 1 . The term of the Contract shall commence at 12:01 a.m. on April 1 , 2010; and shall remain. in full force and effect through termination at 11 :59 p.m. on March 31 , 2012. Upon request, the City may exercise an option to extend the contract term for an additional two (2) year period ending at 11 :59 p.m. on March 31 , 2014. The Lessee may negotiate in good faith, on request of the City, for an extension to the contract, provided that the contract extension is approved by the City Council no later than one hundred twenty (120) days before the termination of the existing contract. 34. PRINCIPAL CONTACT FOR CITY 34. 1 . The principal contact for the City that will coordinate assistance to the proposers will be Bart Olson, Interim Director of Parks and Recreation, 630-553-43nor _ -- oeieten: n bol sonO,Yorkville.il.us. - -- 35. ALTERNATIVES AND DEVIATIONS 35.1 . The specifications included in this package describe existing services which the City believes are necessary to meet performance requirements of the City and shall be considered the minimum standards expected of the Lessee. 35.2. Other alternatives from the specifications in Section III may be indicated if the proposed alternatives are equal to or greater than what is required by these specifications. All alternatives shall be separately listed, and a justification for each shall be stated. The Lessee shall use Appendix 3, Schedule of Alternatives and Deviations, for listing other alternatives. 35.3. If the Lessee is unable to meet any of the specifications as outlined herein, it shall also separately list all requested deviations from the specifications, with justifications attached for each deviation. The Lessee shall use Appendix 3, Schedule of Alternatives and Deviations, for listing proposed deviations. 35.3. 1 . If the Lessee does not indicate alternatives to or deviations from the specifications, the City shall assume it is able to fully comply with these specifications. The City shall be the sole and final judge of compliance with all specifications. 35.3.2. The City further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations The City shall also be the sole and final judge as to whether any alternative or deviation is of an equivalent or better quality of service. 36. EMPLOYEES 36. 1 .The Lessee shall undertake to perform all services rendered in a neat, orderly and efficient manner; to use care and diligence in the performance of this contract; and to provide neat, 15 i II United City of Yorkville orderly and courteous personnel. The Lessee shall agree to prohibit any drinking of alcoholic beverages or use of illegal drugs or drugs which impair the ability of the employee or agent to safely and adequately perform his or herjob while on duty or in the course of performing their duties under this contract. The Lessee shall also agree to ensure that each employee driving a vehicle shall at all times carry a valid operator's license for the type vehicle he/she is driving. The Lessee's employees will be attired, at all times, in a professional-type manner. These specifics will be agreed upon between representatives from the Lessee and the City Designated Representative - 37. ACCIDENT PREVENTION - 37. 1 .1'recaution shall be exercised at all times for the citizens, employees and property. The safety provisions of all applicable laws and building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with safety provisions. 38. TAXES, LICENSES & PERMITS 38. 1 .The Lessee shall pay all sales, use, property, income, and other taxes that are lawfully assessed against the City or the Lessee in connection with the Lessee's facilities and the work included in this Contract, and shall obtain and pay for all licenses, permits, certificates of authority, and inspections required for the work. The Lessee shall furnish to the City satisfactory evidence that it has all permits, licenses, and certificates of authority required to operate for the term of this contract. 39. DEFAULT 39. 1 .1f the Lessee fails to observe any portion of the Concession Lease Agreement and there has not been sufficient cause to justify such lack of observance, the City shall serve notice, either personally or by affixing such notice to the local premises of the Lessee, that this contract shall be in default if the Lessee does not take action to remedy failure the schedule within. twenty-four (24) hours of said notice. If at the end of the twenty-four (24) hour period, the Lessee has not made the necessary corrections, the City shall take such steps as are necessary, to provide services according to the collection schedule submitted by the Lessee. The Lessee will be liable for any costs of such steps fi-om the date of the notice of default. If deemed necessary by the City's Designated Representative, the City shall have the right to take over all equipment and facilities of the Lessee for a period of up to one-hundred-twenty (120) days from the date of notice of default. 16 i United City of Yorkville IV. PROPOSAL FORM ***THIS PROPOSAL, WHEN ACCEPTED AND SIGNED BY AN AUTHORIZED SIGNATORY OF THE CITY OF YORKVILLE, SHALL BECOME A CONTRACT BINDING UPON BOTH PARTIES. Entire Block Must Be Completed When A Submitted Proposal Is To Be Considered For Award PROPOSER: Date: Company Name Email Address Street Address of Company Contact Name (Print) City, State, Zip 24-Hour Telephone Business Phone Signature of Officer, Partner or Fax Sole Proprietor Print Name & Title ATTEST: If a Corporation Signature of Corporation Secretary CITY OF YORKVILLE: ATTEST: Authorized Signature Signature of City Clerk Title Date Date In compliance with the specifications, the above-signed offers and agrees, if this Proposal is accepted within 90 calendar days from the date of opening, to furnish any or all of the services at the standards described herein within the time specified above. 17 United City of Yorkville PROPOSEWS CERTIFICATION (page I of 3) With regard to , proposer hereby certifies (Naive of Project) (Name of Proposer) the following: 1 . Proposer is not barred from bidding this contract as a result of violations of Section 720.' ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33E-4 (Bid-Rotating); 2. Proposer certifies that it has a written sexual harassment policy in place and is in full compliance with 775 ILCS § 12-105(A)(4); _ 3. Proposer certifies that not less than the prevailing rate of wages as determined by the City of Yorkville, Kendall Comity County or the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work for the City of Yorkville. All bonds shall include a provision as will guarantee the faithful performance of such prevailing wage clause. Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed. Proposer agrees to pay the prevailing wage and require that all of its subLessees pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. Proposer and each sub Lessee shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be sent to the City on a monthly basis along with the invoice and shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of Labor and must be preserved for four (4) years following completion of the contract. Proposer certifies that proposer and any subLessees working on the project are aware that filing false payroll records is a class B misdemeanor and that the monetary penalties for violations are to be paid pursuant to law by the proposer, Lessee and subLessee. The City shall not be liable for any underpayments. If applicable: Since this is a contract for a fixed public works project, as defined in 820 ILCS 130/2, Lessee agrees to post at the job site in an easily accessible place, the prevailing wages for each craft or type of worker or mechanic needed to execute the contract or work to be performed. 4. Proposer certifies that it is in full compliance with the Federal Highway Administrative Rules on Controlled Substances and Alcohol Use and Testing, 49 C. F.R. Parts 40 and 382 and that all employee drivers are currently participating in a drug and alcohol testing program pursuant to the Rules. 5. Proposer further certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue, or that Proposer is contesting its liability for the tax delinquency or the amount of a tax delinquency in accordance with the procedures established by the appropriate Revenue Act. Proposer further certifies that if it owes any tax payment($) to the Department of Revenue, Proposer has entered into an agreement with the Department of PROPOSEWS CERTIFICATION (page 2 of3) 18 United City of Yorkville Revenue for the payment of all such taxes that are due, and Proposer is in compliance with the agreement. BY: Proposer's Authorized Agent FEDERAL TAXPAYER IDENTIFICATION NUMBER or Social Security Number Subscribed and sworn to before me this day of 20 Notary Public) (Fill Out Applicable Paragraph Below) (a) Corporation The Proposer is a corporation organized and existing under the laws of the State of which operates under the Legal name of and the full names of its Officers are as follows: President: Secretary: Treasurer: and it does have a corporate seal. (In the event that this bid is executed by other than the President, attach hereto a certified copy of that section of Corporate By-Laws or other authorization by the Corporation which permits the person to execute the offer for the corporation.) (b) Partnership Signatures and Addresses of All Members of Partnership: PROPOSER'S CERTIFICATION (page3 of 3) 19 United City of Yorkville The partnership does business under the legal name of: which name is registered with the office of in the state of (c) Sole Proprietor The Supplier is a Sole Proprietor whose full name is: and if operating under a trade name, said trade name is: which name is registered with the office of in the state of 5. Are you willing to comply with the City's preceding insurance requirements within 13 days of the award of the conk act? Insurer's Name Agent Street Address City, State, Zip Code Telephone Number 1/We affirm that the above certifications are true and accurate and that Vwe have read and understand them. Print Name of Company: Print Name and Title of Authorizing Signature: Signature: Date: 20 United City of Yorkville APPENDIX 3 SCHEDULE OF ALTERNATIVES AND DEVIATIONS Please list any proposed alternative or deviation to the minimum payment percentages and amounts, and other standards as outlined in the specifications section of this document. (Please attach additional sheets if necessary.) 21 United City of Yorkville APPENDIX 6 LESSEE QUALIFICATIONS Name of Business: Business Address: Mailing Address: Business Number: Emergency Number: Fax Number: Ownership: Individual Partnership Corporation Franchise or Parent Company (if applicable): List all Partners, Managers, and Corporate Officers: Name Title Residence Phone Days of Operation: Business Hours: Number of Employees: Supervisors: Drivers: Office Personnel: 22 C4 Reviewed By: Agenda Item Number J= T Legal Aayx y v" - # Lo Finance ❑ EST. , - 1836 Engineer En i ❑ g Tracking Number {O 1 d y City Administrator ■ �1 !'��O Consultant ❑ � OC _ X13 El Agenda Item Summary Memo Title: Ordinance Amending City Code Providing for Penalties for the Violation of the State Officials and Employees Ethics Act Meeting and Date: City Council 5/25/10 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Ordinance No. 2010- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR PENALTIES FOR VIOLATION OF THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT 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 adopted Ordinance No. 2004-26 on May 11 , 2004, which implemented provisions of the State Officials and Employees Ethics Act (5 ILCS 430/1 -1 , et seq.) (the "Act'); and, WHEREAS, the Act provides for the imposition of significant penalties for violation of the Act, and the City now desires to enumerate these penalties. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 1 , Chapter 12 of the United City of Yorkville Code of Ordinances is hereby amended by adding the following new Sections 6, 7, and 8 as follows: 1 -12-6: ETHICS ADVISOR: A. The Mayor, with the advice and consent of the City Council, shall designate an Ethics Advisor for the City. The duties of the Ethics Advisor may be delegated to an officer or employee of the City. B. The Ethics Advisor shall provide guidance to the officers and employees of the City concerning the interpretation of and compliance with the provisions of this Ordinance and State ethics laws. The Ethics Advisor shall perform such other duties as may be delegated by the corporate authorities. 1 -12-7: ETHICS COMMISSION : A. There is hereby created a commission to be known as the Ethics Commission of the United City of Yorkville. The Commission shall be comprised of three members appointed by the Mayor with the advice and consent of the City Council. No person shall be appointed as a member of the Commission who is related, either by blood or by marriage up to the degree of first cousin, to any elected officer of the City. B. At the first meeting of the Commission, the initial appointees shall draw lots to determine their initial terms. Two Commissions shall serve 2-year terms, and the third Commission shall serve a one-year term. Thereafter, all commissioners shall be appointed to 2-year terms. Commissioners may be reappointed to serve subsequent terms. At the first meeting of the Commission, the commissioners shall choose a chairperson from their number. Meetings shall be held at the call of the chairperson or any 2 commissioners. A quorum shall consist of two commissioners, and official action by the Commission shall require the affirmative vote of two members. C. The Mayor, with the advice and consent of the City Council, may remove a commissioner in case of incompetency, neglect of duty, or malfeasance in office after service on the commissioner by certified mail, return receipt requested, of a copy of the written charges against the commissioner and after providing an opportunity to be heard in person or by counsel upon not less than 10 days' notice. Vacancies shall be filled in the same manner as original appointments. D. The Commission shall have the following powers and duties: 1 . To promulgate procedures and rules governing the performance of its duties and the exercise of its powers. 2. Upon receipt of a signed, notarized, written complaint, to investigate, conduct hearings and deliberations, issue recommendations for disciplinary actions, impose fines in accordance with Section 8 of this Chapter and refer violations of this Chapter to the appropriate attorney for prosecution. 3 . To receive information from the public pertaining to its investigations and to require additional information and documents from person who may have violated the provisions of this Chapter. 4. To compel the attendance of witnesses and to compel the production of books and papers pertinent to an investigation. It is the obligations of all officers and employees of the City to cooperate with the Commission during the course of its investigations. Failure or refusal to cooperate with requests by the Commission shall constitute grounds for discipline or discharge. 5 . The powers and duties of the Commission are limited to matters clearly within the purview of this Chapter. E. Complaints alleging a violation of this Chapter shall be filed with the Ethics Commission. 1 . Within 3 business days after the receipt of a complaint, the Commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The Commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within 3 business days after receipt by the Commission. The notices to the respondent and the complainant shall also advise them of the 2 date, time, and place of the meeting to determine the sufficiency of the complaint and to establish whether probable cause exists to proceed. 2. Upon not less than 48 hours public notice, the Commission shall meet to review the sufficiency of the complaint and, if the complaint is deemed sufficient to allege a violation of this Ordinance, to determine whether there is probable cause, based on the evidence presented by the complainant, to proceed. The meeting may be closed to the public to the extent authorized by the Open Meetings Act. The Commission shall issue notice to the complainant and the respondent of the Commission's ruling on the sufficiency of the complaint and, if necessary, on probable cause to proceed within 7 business days after receiving the complaint. If the complaint is deemed sufficient to allege a violation of Section 3 or Section 5 of this Chapter and there is a determination of probable cause, then the Commission's notice to the parties shall include a hearing date scheduled within 4 weeks after the complaint' s receipt. Alternatively, the Commission may elect to notify in writing the attorney designated by the corporate authorities to prosecute such actions and request that the complaint be adjudicated judicially. If the complaint is deemed not sufficient to allege a violation or if there is no detennination of probable cause, then the Commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public. If the complaint is deemed sufficient to allege a violation of Section 2 of this Chapter, then the Commission shall notify in writing the attorney designated by the corporate authorities to prosecute such actions and shall transmit to the attorney the complaint and all additional documents in the custody of the Commission concerning the alleged violation. 3 . On the scheduled date and upon at least 48 hours public notice of the meeting, the Commission shall conduct a hearing on the complaint and shall allow both parties the opportunity to present testimony and evidence. The hearing may be closed to the public only if authorized by the Open Meetings Act. 4. Within 30 days after the date the hearing or any recessed hearing is concluded, the Commission shall either (i) dismiss the complaint or (ii) issue a recommendation for discipline to the alleged violator and to the Mayor, or impose a fine upon the violator, or both. The particular findings in the case, any recommendation for discipline, and any fine imposed shall be a matter of public information. 5. If a complaint is filed during the 60 days preceding the date of any election at which the respondent is a candidate, the Commission shall render its decision as required under subsection 4 within 7 days after the complaint is filed, and during the 7 days preceding that election, the 3 Commission shall render such decision before the date of that election, if possible. 6. The Commission may fine any person who intentionally violates any provision of Section 3 or Section 5 of this Chapter in an amount of not less than $ 1 ,001 and not more than $5,000. The Commission may fine any person who knowingly files a frivolous complaint alleging a violation of this Chapter in an amount of not less than $ 1 ,001 and not more than $5,000. The Commission may recommend any appropriate discipline up to and including discharge. 7. A complaint alleging the violation of this Chapter must be filed within one year after the alleged violation. 1 - 12-8 : PENALTIES : A. A person is who intentionally violates any provision of Section 2 of this Chapter may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500. B. A person who intentionally violates any provision of Section 3 or Section 5 of this Chapter is guilty of a business offense and subject to a fine of at least $ 1 ,001 and up to $5,000. C. Any person who intentionally makes a false report alleging a violation of any provision of this to the local enforcement authorities, the State's Attorney, or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and maybe fined in an amount not to exceed $2,500. D. A violation of Section 2 of this Chapter shall be prosecuted as a criminal offense by an attorney for the City by filing in the circuit court any information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt. A violation of Sections 3 or 5 of this Chapter may be prosecuted as a quasi- criminal offense by an attorney for the City, or, by the Commission through the designated administrative procedure. E. In addition to any other penalty that may apply, whether criminal or civil, an employee or officer who intentionally violates any provision of this Chapter is subject to discipline or discharge by the appropriate ultimate jurisdictional authority. Section 2. All ordinances or parts of ordinances conflicting with any of the provisions of this Ordinance shall be and the same are hereby repealed. 4 Section 3. If any Section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. This Ordinance shall be in fall 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. 2010. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH 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 2010. MAYOR 5