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City Council Packet 2009 02-10-09 D C I T 0 United City of Yorkville EST ,$3� 800 Game Farm Road Yorkville, Illinois 60560 0 1i r Telephone: 630-553-4350 Fax: 630-553-7575 LEQIVL� AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, February 10, 2009 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Wally Werderich Gary Golinski Marty Munns Joe Besco Bob Allen Arden Joe Plocher Robyn Sutcliff Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: 6:00 p.m., February 17, 2009 City Hall Conference Room Economic Development Committee: 7:00 p.m., March 3, 2009 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., February 12, 2009 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., February 26, 2009 City Hall Conference Room Presentations: 1. Presentation of Middle School Mock Election Winners—Terry Pletka, Julia Craig, and Alec Hamburg City Council Meeting Agenda February 10, 2009 Page 2 Public Hearings: 1. PC 2008-28 Daniel A. Laniosz, petitioner, has filed an application with the United City of Yorkville, requesting a site plan amendment to the annexation agreement. The real property consists of 3.127 acres, located at 803 W. Stagecoach Trail, Yorkville, Illinois, 60560. Citizen Comments: Consent Agenda: 1. EDC 2009-06 Ordinance Approving a Permanent Trail Easement Agreement with Raintree Village Homeowners Association- authorize Mayor and City Clerk to execute Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—January 13, 2009 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 417,284.06 (vendors) $ 299,216.06 (payroll period ending 1/31/09) $ 716,500.12 (total) Reports: Mayor's Report: 1. CC 2009-08 Proclamation for National Engineers Week 2. CC 2009-09 Zoning Commission Appointments 3. CC 2009-10 Resolution Approving Authorized Agent of the United City of Yorkville to the Illinois Municipal Retirement Fund City Council Report: 1. CC 2009-11 Suggested Procedures—Ordinances 2. CC 2009-12 State of Illinois Whistleblower Reward and Protection Act City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Council Meeting Agenda February 10, 2009 Page 3 Reports (con't): City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks &Recreation Report: Community Development Director Report: Community Relations Officer: Community&Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. PC 2008-28 Ordinance Approving an Amendment to the Annexation Agreement of Hinsbrook Bank Trust#03-008 (Laniosz Commercial Property, Route 71) 2. EDC 2009-05 Ordinance Amending the Code of Ordinances Regarding Signs Public Safety Committee Report: 1. CC 2009-13 Ordinance Amending the Code of Ordinances Providing for the Regulation of Animals Administration Committee Report: 1. No Report. Additional Business: Executive Session: 1. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Adjournment: City Council Meeting Agenda February 10, 2009 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES ---------------------------------------- :PUBLIC WORKS -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chairman: Alderman Plocher Streets and Alleys YBSD Committee: Alderwoman Sutcliff Sanitation and Waste Committee: Alderman Allen ECONOMIC DEVELOPMENT --------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------ Committee Departments Liaisons Chairman: Alderman Golinski Planning &Building & Zoning Chamber of Commerce Vice-Chairman: Alderman Allen Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Munns Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development 'PUBLIC SAFETY= Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Vice-Chairman: Alderwoman Sutcliff Schools School District Committee: Alderman Werderich Public Relations KenCom Committee: Alderman Plocher -ADMINISTRATION. ---------------------------------------------- Committee Departments Liaisons Chairman: Alderman Munns Finance Metra Vice-Chairman: Alderman Werderich Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderman Golinski UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, February 10, 2009 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ---------------------------------------------------------------------------------------------------------------------------------------- 1 . Presentation of Middle School Mock Election Winners — Terry Pletka, Julia Craig, and Alec Hamburg ---------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS : ---------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ---------------------------------------------------------------------------------------------------------------------------------------- 1 . Laniosz Annexation Agreement Amendment ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1 . EDC 2009-06 Ordinance Approving a Permanent Trail Easement Agreement with Raintree Village Homeowners Association ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1 . City Council — January 13, 2009 ❑ Approved ❑ As presented ❑ As amended ----------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: ----------------------------------------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- l . CC 2009-08 Proclamation for National Engineers Week ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2009-09 Zoning Commission Appointments ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3 . CC 2009- 10 Resolution Approving Authorized Agent to IMRF ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- CITY COUNCIL REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1 . CC 2009- 11 Suggested Procedures — Ordinances ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2009- 12 State of Illinois Whistleblower Reward and Protection Act ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- l . PC 2008-28 Ordinance Approving the First Amendment to the Annexation Agreement of Hinsbrook Bank Trust # 03-008 (Laniosz Commercial Property, Route 71 ) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes 2 EDC 2009-05 Ordinance Amending the Code of Ordinances Regarding Signs ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1 . CC 2009- 13 Ordinance Amending the Code of Ordinances Providing for the Regulation of Animals ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS : ----------------------------------------------------------------------------------------------------------------------------------------- D CI PJ- Reviewed By: Agenda�Item Number ZO 0 O� Legal El T U UJU -i I{J V-43(z esT � ieac Finance ❑ Engineer El-�>.-= Tracking Number O y City Administrator F1 p �1, s Consultant El PC 2008-28 ❑ <LE Agenda Item Summary Memo Title: Daniel A. Laniosz(Thistle Stop Garden Shop)Annexation Agreement Amendment Meeting and Date: City Council /February 10,2009 Synopsis: Request to amend the Site Plan referenced by the Annexation Agreement to allow for business expansion. Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approval of Annexation Agreement Amendment request Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report C4 Memorandum To: EDC Esr. 1 1836 From: Travis Miller CC: Lisa Pickering (for distribution) Date: January 6, 2009 9 O Subject: PC 2008 — 28 Laniosz Commercial Property (Annexation Amendment) LE Background: The petitioner is requesting to amend the site plan (Exhibit C) of the Annexation Agreement approved January 10, 2006. The original agreement references a site plan which includes PINs 05-08- 126-002 and 05-05- 300-006. The requested amendment includes a site plan for PIN 05-05-300-013 which is the parcel/area directly east of the approved site plan. The proposed site plan amendment requests to expand the eastern boundary of the active retail site onto the adjacent property also owned by the petitioner and part of the subject property annexed in 2005. The petitioner constructed the `temporary seasonal greenhouse' on PIN 05-05-300-013 after obtaining a temporary permit from the City issued March 7, 2006. This permit expired 180 days following the permit issuance. The petitioner was notified in October and November of 2008 with instructions to remove the structure. Also identified in November 2008, multiple wooden pallets and several items from the landscaping business inventory including several trees and shrubs stored on this parcel which are not consistent with the approved site plan for the property. The proposed site plan amendment would allow for these items to remain. Comprehensive Plan Recommendation for Property The 2008 Comprehensive Plan recommends Neighborhood Commercial and Parks/Open Space land use for the Lanosz property. The eastern parcel, and subject of the amendment request, is recommended for Parks/Open Space and includes an unnamed creek along the eastern boundary. The Transportation Plan recommends a conceptual alignment of Beecher Road to connect to Route 71 in the vicinity of this property. The 2008 Park and Recreation Master Plan recommends a trial alignment along the future Beecher Road alignment and parallel to the unnamed creek. Staff Comments and Recommendations: 1. Buffervard The expansion area slopes down significantly toward an unnamed creek along the eastern edge of the property. A designated buffer between the creek and the actively used areas would be appropriate to help keep sediment from reaching the creek. 1 There is a residential use to the east of the property. The Landscape Ordinance requires a minimum 30' bufferyard width to include 3 shade trees, 5 evergreen and 3 ornamental trees per 100 lineal feet with a 3 ' berm or masonry wall. The Landscape Ordinances provides credit for existing trees within the bufferyard area. Staff has inspected/evaluated the site and have determine there to be an excess of plant material existing within the bufferyard area (29 trees required with 69 tree credits — an excess of 40 trees). However, the berm or masonry wall requirement is not satisfied. Based on the existing wooded condition of the property, a berm, environmentally, would not be an appropriate improvement. An appropriate substitute for the berm could be a vegetative screen of evergreen or shrubs with a dense branching habit that would mature to 5-6 feet in height. 2. Future trail Alignment - Easement Provision Based on the discussion and testimony heard during the December 10, 2008 Plan Commission meeting, staff has revised the recommendation to including a provision in the Annexation Agreement acknowledging the proposed trail alignment and a statement that the parties of the agreement (Property Owner and City) agree to cooperate and negotiate in good faith in the future rather than requiring an easement conveyance 20 feet in width crossing the subject property as previously recommended. The fact that the precise trail location is currently unknown and no plans are in place to proceed with this project at this time nor anticipated in the near future is the primary reason for the modified recommendation. 3. Beecher Road Future Alignment Right-of-way dedications for Beecher Road have been required as part of annexation agreements including subdivision platting and those requiring roadway infrastructure improvements including Kendall Marketplace, Rush-Copley and Westhaven. Although this property is near the conceptualized future alignment, the precise location of the future roadway has not been determined or engineered by the City at this time. Therefore, a right-of-way dedication requirement from this property may be premature to recommend. However, a provision in the amended agreement acknowledging the proposed alignment of Beecher Road and a statement that the parties of the agreement (Property Owner and City) agree to cooperate and negotiate in good faith in the future may be appropriate to consider. 2 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) FIRST AMENDMENT TO ANNEXATION AGREEMENT OF HINSBROOK BANK TRUST #03-008 (LANIOSZ COMMERCIAL PROPERTY, ROUTE 71) THIS FIRST AMENDMENT TO ANNEXATION AGREEMENT by and between Hinsbrook Bank Trust, as Trustee under Trust No. 03-008 ("Owner") and the United City of Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois ("City") (the "Original Agreement'), is made and entered into this day of March, 2009 ("First Amendment'). WITNESSETH: WHEREAS, Owner of the real property which is the subject matter of the Original Agreement comprising approximately 3 . 127 gross acres, and legally described in Exhibit A attached thereto (the "Subject Property") consists of two (2) parcels of real estate, a 2.003 acres parcel ("Parcel A") and a 1 . 124 acres parcel ("Parcel B"); and, WHEREAS, the Subject Property was previously annexed to the City pursuant to the Original Agreement which was recorded with the Kendall County Recorder on July 9, 2007, as Document No. 200700020738 ; and, WHEREAS, pursuant to the Original Agreement, the Subject Property was zoned B-3 Service Business District under the City Zoning Ordinance with certain restrictions of use; and, WHEREAS, the Owner has submitted a Petition to Amend the Original Agreement which petition requests the Site Plan attached to the Original Agreement as Exhibit C-1 thereto (which only reflected development on Parcel A) be amended to include a site plan for Parcel B; and, WHEREAS, the Owner has agreed to improve the existing greenhouse as located on Parcel B, and install the vegetative screening as depicted and described on Exhibit C-1 attached hereto and made a part hereof, and, WHEREAS, the City' s Comprehensive Plan recommends future extension of the Beecher Road alignment that may result in the need for the City to acquire from the Owner a right-of-way necessary for this roadway improvement and the Owner is prepared to commit to negotiate in good faith in the event such acquisition is requested; and, WHEREAS, the City' s Comprehensive Plan recommends a future pedestrian, multi-use trail alignment that may result in the need for the City to acquire right-of-way and/or easements necessary for this improvement and the Owner is prepared to commit to negotiate in good faith in the event such acquisition is requested; and, WHEREAS, the City's Plan Commission has considered the Petition to Amend the Original Agreement as relating to Parcel B; and, WHEREAS, a Public Hearing was held by the City Council on February 10, 2009, on the Petition to Amend the Original Agreement and Notice of said Public Hearing was duly published as required by the statutes of the State of Illinois; and, WHEREAS, in accordance with the powers granted to the City by the provisions of 65 ILCS 5/11 - 15. 1 -1 through 51 . 1 -5, inclusive, relating to Annexation Agreements, the Parties hereto wish to enter into an amendment with respect to the development of Parcel B and to provide for various other matters related directly or indirectly to the development of Parcel B thereof. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the Parties agree, under the terms and authority provided in Sections 11 -15. 1 - 1 to 11 - 15. 1 -5 of the Illinois Municipal Code as follows: 1 . The Original Agreement is hereby amended as follows: A. Exhibit C- 1 as attached to the Original Agreement, which exhibit depicts a site plan for Parcel A is hereby amended with Exhibit C- 1 attached to this First Amendment as the new site plan for Parcel B. B. The Owner hereby covenants and agrees to develop Parcel B in substantial conformance with said Exhibit C-1 attached hereto and agrees to install the vegetative screening as depicted thereon on or before May 25, 2009. C. The Owner hereby covenants and agrees to maintain all structures on Parcel B and all approved vegetative screening, or replace as necessary. D. The Owner acknowledges the City Comprehensive Plan recommends a future extension of the Beecher Road alignment that may result in the need for the City to acquire right-of-way necessary for this roadway improvement. The Parties agree to cooperate and negotiate in good faith when said acquisition is necessary. E. The Owner acknowledges the City Comprehensive Plan recommends a future pedestrian, multi-use trail alignment that may result in the need for the City to acquire right-of-way and/or easements necessary for this trail improvement. The Parties agree to cooperate and negotiate in good faith when said acquisition is necessary. 2. It is understood and agreed by the Parties hereto that time is of the essence of this Agreement and that all of the Parties will make every reasonable effort, to expedite the subject matter hereof. It is further understood and agreed by the Parties that the successful consummation of this Agreement requires their continued cooperation. 3 . This First Amendment to the Original Agreement shall be binding upon and inure to the benefit of the Parties hereto, and their heirs, successors and assigns. 4. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: City Clerk 800 Game Farm Road Yorkville, Illinois 60560 with a copy to: Kathleen Field Orr, City Attorney 800 Game Farm Road Yorkville, Illinois 60560 To Owner: Hinsbrook Bank Trust #03 -008 Daniel A. Laniosz 22 West 410 71 " Street Naperville, Illinois 60540 with a copy to: Boyd Ingemunson, Attorney 226 South Bridge Street Yorkville, Illinois 60560 or to such other addresses as any party may from time to time designate in a written notice to the other Parties. 5 . This Agreement shall be enforceable in any court of competent jurisdiction in Kendall County, Illinois, by any of the Parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of this First Amendment becomes unenforceable due to any change in the applicable law or court decisions, said unenforceable portion of this First Amendment shall be excised here from and the remaining portions thereof shall remain in full force and effect. 6. The City agrees to adopt any ordinances which are required to give legal effect to the matters contained in this First Amendment or to correct any technical defects which may arise after the execution of this First Amendment. 7. Except to the extent modified herein, all of the terms and conditions as set forth in the Original Agreement are hereby affirmed as if fully restated. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _ day of 2009. UNITED CITY OF YORKVILLE By: Valerie Burd, Mayor Attest: City Clerk Dated: Owner: HINSBROOK BANK TRUST #03-008 By: Daniel A. Laniosz Attest: Dated: Exhibit List Exhibit A Legal Description Exhibit C- 1 Site Plan — Parcel B EXHIBIT A Accurate Map of y�•t p(� j. LEON. OESLT m Wf TRACCM IRE Ayhl O; Hc.� Territory Annexed 1 exe V o Thal pert ar ln. saW mane u,erlar w Section 5 and ann x We Northeast theater THE UNITED CITY OF YORKVILLE of entual 6. Township 39 Nench ; of t e foul a tnts mar f cdoi l adown, n, an Borth 03 as 0'1 Wee Caamanluid o We anent a comer or sa:a f Ithrug 5;Route oc Natln W3'4)'00' wnl 252 75 teal le We Tangent of We Cenbdma of IPbae Popte men No. it, sold point being P-r. SbOen 7425+19_95 of saw Conducting: thence South - rp Kendall County Illinois 95'37'CC' went, clang cop Tangent along the Cefdedne ad nb,g 0 TO x t of ZI _ m }ttd 'd Centerline, 2989,48 feet to Pr. Stator, 1404x33.50; hence SaU 74t4 O t°n_ e ,.E seal, abnq the Twgenl and abnq We C"IfirTre of sold Mature Route Me. 71, 185540 m g ,d7gdi 34' Raub Na North I Pence CNorth 74'<230' the Northe Urn of told rly Una tine. ZW9.Oalfee for the vomit of begim.ig; thence North 1XOT6e' West, 4(9.0 feel: thence North 74'42'30' Seat, yona0al with We NorinaNy, Leda of now 10nag� Route No 11, 203,0 feel; Wenee South 1TOYJ0' Eaek 416.0 teat In Wn Northerly Unin of acm N;no:e Route N, Nt. 71; Wenee Saba, 74'4Z'30" Wet. along aald Norlhe.y Una, Z09.0 feet he the ul o namt el bagmaIwo in Kendall yewmhb. Na'dop County. Illinois and containing 2.00.1 U n ee veras an raid Property is financed on a Pint of springy W, Froacin F. Sayler. Mrols W '.�"h hduarehhel land Surveyor No. 1496, dabd Septemeer 21. 1955, whKh Survey p $� aPPofentlly created We parcel as Yuen. pan that this Survey b beyond solely an the o Oy manu'n tMien wNeh rTnOiM (runt cart S Id Savvy . Y Sa9.o Yh +N0 MSO: A I a-1 57^i 6'Z� t Tlhal peA of the 3aelhvet Quarter of Section 5 end Wet Porl W �V We NwSh.mt thinner of Sealer, d. Toeaetdp JS Norrdt Reopen 7 Cmt.or War inlM 'PWeciaat Neromn mverupM m ropPNS: U Camroenaing at the SouWeaet Cemar d now Seclat S. Ihmxe I U 2�� (J m forth 05'4700' West. 252.75 feel b We longest ea11aA'w of of 9\E, Ve Main Raub Nn. 71, fold punt being P.I. Station T423+19AS (n V Sir 1870. ad new eaierime: theme Saudi [ 57'We Want, abnq said N z w togar.t and alorpe the cenledive and a" a tmpenl of sold Q � a cenerifle. 2069,45 feel IN P.I. Station 1404+nsa; thmaa South 74.14'00' Want. dal9 Ua tows t and am" We inteRtW —� W of new Mavis Routs No 71, IM HL feet; Wance North Z S 94i� 1TOT30 West, 99.20 fact In the NoAnmy, Une of Said glinen Y Rauto No. 71; thence North 7C42'30" EgeL alma sold Northerly y N O �f O Una, 416.0 rank them¢ North 1TOT30' Went\ 4 0A feet for < the point or Z 'l Q) s O s•)ra begmnyp; Women SavW iT07'M Euek 440..0 feet to new e6 Cattle - �' oa 2e.0 SCALE a W Norhry e. Pen t h IT ] e t. 0 rma Smdh ee ; hence or old . me ; O 4'1 fa c y 74'42'50" Wut, 195.0 feet to We paint of beamning in xamwi 1 "=100e � "4 'A Tasnddp. handed Count'. IWM1t6 orb cateldtg 1.124 cargo. g X a U o l IN 555'37'00'W ZD A. 'E i O $ �0 \0 2069!6 z O ® T K > CV to Q_ K 'O S SgaS P• d �F U. j Jet 065 an � stile fir eons. � ,2 u:..t :: Scorch nil corn57442 . 'te J 1 Cehav d Knowing s Ii is F.s 5aellan S. YJ6Sir 416A �� N 1 e 1. Phillip 0, voure. en MMn PmfesMewl Lath Some or page at after M P 4[m 0, Y ant Aahwebles. lase, Yeta® ' ehm9 O -rc that I have fnpvW We plat aemg aaafBNe recorded BxmnmNr. 4 a 0 65 ® U ( Ogled ratnvan/3�. 200e ae radn&s. eRa+is 8 WirOY�,N12W `� —r'" IL IN®IS R f.2fa , Y 9Rrotn PmfesaimW IoM Lnwyw No. 1976 (FaWree It/56/Oa) m O 'L)�HIBIT C-1 ,- � C iMUhl fYDEVELOPMENT ` t• , iDEPARTMENT • r a� •.w cA! �� t f . t . r VZ in MA�� E�Nf%• h,� . �Ou � r L ° � µ �10 L) f r ILONOIS I` ) ISO YNDIcA7t=S LacAnoN OF AT LfAyt ' 105 I'm 19 � Ren 7G!(GbeD DcGwoob ��gQQSM IN 7wo PA94UCL rOortovtDe°UVf(Nve°Xie FEIeT 15 <go cj. y- United City of Yorkville 800 Game Farm Road Es' 1 I ,_ ISM Yorkville, Illinois 60560 Ir ,r, Telephone: 630-553-4350 Fax: 630-553-3436 PC # 2008 - Z8 APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: T ISTW .5i6r G/FRDEnf Date of Submission: SHOP Requesting: LX nnexation f ENDIAePr p Zoning a Planned Unit Development D Special Use: n / 1 . Name of Petitioner(s): PAtj ii FL- }i ; 4,41 'i 0 5 z Address: o'er 6d (v/O 71 sr ✓ TROT f ✓VlFx pi//u.E r L 665'x`0 Phone Number. 630 — ?I(Y - 5r& Fax Number: Email Address: �lSTGc�tjC� ✓�� ]"� try Jf>G � Lc� l , Relationship of Petitioner(s) to subject property: Owner p Developer (1 Contract Purchaser 2. Name of holder of legal title, if different from #1 : ! SB �rJ(� �A�11�, Ti�clS-r If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 66AII67L LAM 0.1; 4 bLIBMMY 4AA11Q.SZ 3. a). (i). Street address and physical location of subject property: 803 Wr 6786ieCOACW MIL , )&I<Victe IL h560 (ii). Zoning of surrounding parcels: North: 1i,7 South: 6*6E 7- PK4`IFSE2 1Je East R—'dg West: P" 3 b). Legal description of property; attach as Exhibit "A". (APrYFetrEO� c). Total Acreage: y: 1 ; 07 d). Kendall County Parcel Number(s) of property: 0 5�' 0 ��- 34)0 DO tc 05- 05- 30D - 0 ( 3 k 05 - 0f — /d4 — QN e). Current Zoning Classification: 6 �3 f). Zoning Classification Requested: 13_ 3 CIVIO 0 � United City of Yoikville Annexation, PUD, Zoning, Special Use Application Revised: 7. 15.20D8 16 g), Is this property within City limits? Yes No, requesting annexation 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit 013". (41 7kcNFo 5. List all governmental entities or agencies required to receive notice under Illinois law: �//rED c�Y of Yo,P�I dx' 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: k Qrms pwC- ?r /S l ANNE t3b S /' AAJab 7#F $OV-P40,i trrlco�j 7. Does a flood plain exist on the subject property? " G- / s 8. Do Electors reside on the subject propo: If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Rayp '2A(6-6- I UALSOM Address: 4ZR6 S. J?RI P6-C J`7lPr )IOlf0d4r; lG 605760 Phone Number: 6�b — 553- 5'6x1 Fax Number. Email Address: Engineer: Name: Address: Phone Number: Fax Number: Email Address: Land Planner. Name: 9A Address: Phone Number: Fax Number: Email Address: United City or Yorkville Annexation, PUD, Toning, special Use Application Revised: 7.15.2008 17 10. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route, Step 1 , Fees° and/or contact the Community Development Department for verification of this amount. c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope. -- C/KWBIT .0 d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) legal description, and site plan. In witness whereof the following petitioners) 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. RIDER ATTACHED HERETO IS EXPRESSLY Date: //-- 65'— 0 MADE A PART HEREOF Petitioner(s) Signature: (All legal property owners; signatures must appear on this application.) Wayne HuRmer Trust Company as k Bank and Trust 111a dated a-21 -2nn� , known 13Y{1 c (�� ` ' Cnua J. Pitrowskl as Trust No. 03-008 p A t Vice President Subscribed and sworn to before me this 44 day of N6jex,% , 200 8 Notary Seal THIS APPLICATION MUST BE NOTARIZED. L CIAL SEALM. OSUNLANA blic. Stale of Illinois onExpires5.22-2010 United City of Yorlville Annexation, PUD, Zoning, Special Use Application Revised: 7. 15.2008 This document is executed by WAYNE HUMMER TRUST COMPANY, N.A. Successor Trustee to Hinsbrook Bank and Trust, not personally but as Trustee under Trust No. 03-008 as aforesaid, in the exercise of power and authority conferred upon and vested in as said Trustee as such, and it is expressly understood and agreed that nothing in said document contained shall be construed as creating any liability on said Trustee personally to pay any indebtedness accruing thereunder, or to perform any covenants, either expressed or implied including but not limited to warranties, indemnifications and hold harmless representations in said document (all such liability, if any, being expressly waived by the parties hereto and their respective successors and assigns) and that so far as said Trustee is concerned, the owner of any indebtedness or right accruing under said document shall look solely to the premises described therein for the payment or enforcement thereof, it being understood that said Trustee merely holds legal title to the premises described therein and has no control over the management thereof or the income therefrom, and as no knowledge respecting any factual matter with respect to said premises, except as represented to it by the beneficiary or beneficiaries of said trust In event of conflict between the terms of this rider and of the agreement to which is it attached, on any questions of apparent liability or obligation resting upon said Trustee, the provisions of this rider shall be controlling. WAYNE HUMMER TRUST COMPANY N.A.Successor Trustee to Hinsbrook Bank and Trust not individually, but As Trustee under Trust Agreement dated 04/21/2003 known as Trust number 03-008 By: ssistant Vied President 18 ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees` and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City. 'Fees: a. Annexation or Annexation and Rezoning - $250 plus $10 per acre for each acre over 5 acres b. Rezoning only - $200 plus $10 per acre for each acre over 5 acres c. Special Use - $250 plus $10 per acre for each acre over 5 acres d. Engineering Review Fees - 1 .25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee - $500 f. Engineering Review Deposit - up to 1 acre = $1 ,000; over 1 acre but not over 10 = $2,500 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $101000 over 100 acres = $20,000 g. Deposit for Outside Consultants - under 2 acres = $1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: OwnerlDevetoper will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 41n Thursday of the month at 9:00 a.m. in the City Conference Room. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Representative, Public Works Director, Director of Parks and Recreation, Fire Department Representative, and Police Chief. Step 3: Park Board planning meeting: The Park Board makes recommendations on any park sites included in residential developments. The Park Board Planning Meeting is the 4th Thursday of each month at 7:00 p.m. at the Parks and Recreation Office at 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. United City oryorkvilie Annexation, PUD, Zoning, Special Use Application Rerised; 7.15,2008 19 A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names, addresses and permanent parcel numbers of all property owners. Step 5 - Economic Development Committee: The Economic Development Committee meets the 1st Tuesday of the month at 7:00 p.m. in the Conference Room at City Hail. The project will be discussed in an informal atmosphere where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 6: City Council: A public hearing is required for annexation or PUD agreements. The City Council meets the 2 or 4'n Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Step 7: City Council: The City Council meets the second and fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. • e 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 Roa or e, Illinois 605 Date: Signature of Petitioner United City of Yorkville Annexatior4 PUD, Zoning, Special Use Application Revised: 7.15.2408 XNJ131T A 'LEGAL DESCRIPTION OF TRACT A; That port of the Southwest Ouarter of Section 5 and that Part of the Northwest Quarter of Section 8, Township 36 NorW.. Range 7 East of the Third Principal Meridian described as follows: Commencing at, Southeast Corner of said Section 5; thence North 05' 47' 00" West, 252 .75 feet to the tangent centerline of Illinois Route No . 71 , said point being P.I. Station 1425+ 19 . 65 of said centerline; thence South 85'37'00" West, along said tangent and along the centerline and along a tangent of said centerline , 2089 . 48 feet to P . I. Station 1404+33.50; thence South 74414 '00" West, along the tangent and along the centerline of said Illinois Route No. 71 , 1855 . 80 feet; thence North 18'07'30" west , 69 .20 feet to the Northerly Line of said Illinois Route No . 71 : thence North 74'42630" East , along said Northerly Line , 418 .0 feet : thence North 18'07'30 " West, 440.0 feet for the point of beginning ; thence South 18'07 ' 30" East, 440.0 feet to said Northerly Line; thence North 74'42' 30 " East, along said Northerly Line , 80 .0 feet : thence North 18'07'30" West, 200.0 feet; thence North 07'59 ' 19 " East , 260. 95 feet; thence South 74'42"30 " West . 195.0 feet to the point of beginning in Kendall Township , Kendall County, Illinois and containing 1 . 124 acres. PIN : 05 - 05 - 30o , o ( 3 Exhibit B Names and addresses of adjoining or contiguous landowners (of record) within 500 feet of the subject property who may be entitled to notice of petition under any applicable City ordinance or State statute: To the North: N.C. Master Family Limited Partnership 6874 Fieldstone Drive Burr Ridge, IL 60521 To the South: Kendall County Forest Preserve District (a body politic) I I I W. Fox Street Yorkville, IL 60560 To the East: William M. Garnett, Robert Garrett and Marie Garrett, all in joint tenancy 10645 Stagecoach Trail (Rt. 71 ) Yorkville, IL 60560 Joseph M. Harris 10581A&B Stagecoach Trail (Rt. 71) Yorkville, IL 60560 To the West: Otis Property Management, Inc. 4771 Route 71 Oswego, IL 60543 Charles and Rhonda Tomblinson 10645A Stagecoach Trail (Rt. 71 ) Yorkville, IL 60560 B�ForeE PI� PoS�D -NAI�Cr�$ ' � s� 1 oF2. • I ` 574'42'30W �195.0� u i o, y ,�^ar ' storage Ira OeG^t I f s� P �e � NMI + 1i a h ry eS , 0 / / t t n 2 !:. 'AmI �1 r .• _ l.. ,.r42 t.Va, y W b> > AI / m �v I > Q , f 0 �vay�e 1 gm o 06 C 1 boy III u Creek C yo O per' �` n LyL��Q4V a,�� 0 r 0 v ` " 4'00 L,OaW//� p b \\ w 2 � I O N71'34.17'E 19077 r R )' ^ `N 1'34'17"E , I d P,escnpove North ijne o1 O Ut97ly Poles —� mo 79.90 - Rood and llna o r ay o 1 MaL„t�a t V I•' .�r I �' / \ Y ? ' N 574'4R'30"W 191 .0' pSnd e pr Pe t•25.08 " I m 1ru c outh 80.0' u e o/ nar N74'42'30"E L l- s7r14•an"wp ,� �-centen�� • ` No . 79 ILLINOIS ROUTE N Date of Annexation or PUD Agreement sought to be amended: � ' ( � 2 OO (a Name of Agreement: A RA—e C kg+7 Y1 ACt t r ? rY e f tf - �qn i os� Comm °rc�c� � Date of Recording: 7 - 9 - 2 CYJ Attach a true and correct copy of agreement as Exhibit V. I State the items to be amended from the existing annexation or PUD agreement. 7. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Address: Phone Number. Fax Number: Email Address: Engineer: Name: Address: Phone Number. Fax Number. Email Address: Land Planner. Name: Address: Phone Number. Fax Number. Email Address: B. Submit the following to the Deputy Clerk 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 "Petltloner Route, Step 1 , Fees and/or contact the Deputy Clerk 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 one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plan. Page 2 of United City of Yorkville AmendAnnexation(PUD Application Reviod I M106 <^uf1?00039139 Tiled for Record in STATE OF ILLINOIS KENDALL CDUh:TYr IL.INDM PAUL ANDERM 55 07-OM09? At 94 : 43 ar. . COUNTY OF KENDALL MIR L NCE Fl!SF' Surchnree s11 ,tt9 ORDINANCE NO, 2006- O� AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (LANIOSZ COM IERCLAL PROPERTY, ROUTE 71) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder, and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1 .1 , as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section l : The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD _ PAUL JAMES y� DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 1LL Da , A.D. 20061 r MAYO Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this da A.D. 2006 —�— 4 CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement"), is made and entered as of the Q day 2O*by and between HINSBROOK BANK TRUST #03-008 ("OWNER") 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'S by and through its Mayor and Aldermen ("Corporate Authorities"). OWNER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". RECITALS: A. OWNER is the owner of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attacbed hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNER desires to annex the SUBJECT PROPERTY to the CITY. 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. OWNER proposes that the SUBJECT PROPERTY be rezoned as B-3 under the provisions of the City Zoning Ordinance ("Zoning Ordinance") for the SUBJECT PROPERTY described in EWbit "B" attached hereto; providing that the following listed permitted uses Under Section 10-7D-1 of the Ordinance not be permitted for this property including: Automotive sales and service; boat sales; business machine repair; car wash without mechanical repair on the premises; frozen food locker, golf driving range; kennel; mini-warehouse storage; miniature golf; park - commercial recreation; pump sales; skating rink; sports arena; taxicab 1 garage; tennis court - indoor; truck sales and service; and the following listed special uses under Section 10-7D-2: amusement park; boat launching ramp; boat rental and storage; stadium. D. 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 on October 12, 2005 . City Council conducted the public hearing on the annexation agreement on December 13, 2005 , R The CITY and have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. P. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of the Annexation Agreement and the rezoning, 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. G. (i) Each party agrees that it is in the best interests of the OWNER and the CITY to annex and develop the SUBJECT PROPERTY described in the attached Exhibit "A" with said property to be zoned 13-3 under the Zoning Ordinance of the City of Yorkville providing that the following listed permitted uses under Section 10-7D- 1 of Ordinance not be permitted for this property including: Automotive sales and service; boat sales; business machine repair; car wash without mechanical repair on the premises; frozen food locker; golf driving range; kennel; mini-warehouse storage; miniature golf; park - commercial recreation; pump sales; skating rink; sports arena; taxicab garage; tennis court - indoor; truck sales and service; 2 and tic following listed special uses under Section 10-7D•2: amusement park; boat launching ramp; boat rental and storage; stadium. (ii) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. H. It is the desire of the CITY and the OWNER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terns 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. 1. The OWNER 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. J .The OWNER agrees to develop the SUBJECT PROPERTY in substantial conformance with the Site Plan, attached hereto and incorporated herein as Exhibit "C". NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement providing the annexation and zoning and plat Ex 'bit A'bit A 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 CONFORMAM WITH LAW, This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 3 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 annex and rezone the SUBJECT PROPERTY under the B-3 Business District provisions of the City provisions of the City Zoning Ordinance ("Zoning Ordinance") providing that the following listed permitted uses under Section 10-7D-1 of the Ordinance not be permitted for this property including: Automotive sales and service; boat sales; business machine repair; car wash without mechanical repair on the premises; frozen food locker; golf driving range; kennel; mini warehouse storage; miniature golf; park - commercial recreation; pump sales; skating rink; sports arena; taxicab garage; tennis court - indoor, truck sales and service; and the following listed special uses under Section 10-7D-2: amusement park; boat launching ramp; boat rental and storage; stadium. 3. DEVELOPMENT CONFORMING WITH SITE PLAN. The OWNER agrees to develop the SUBJECT PROPERTY in substantial conformance with the Site Plan, attached hereto and incorporated herein as Exhibit "C". 4. CONTRIBUTIONS, The CITY shall not require the OWNER to donate any land or money to the CITY, or any other governmental body. 5. SCHOOL AND PARK DONATIONS, There shall be no School or Park contributions required. 6. GENERAL PROVISIONS. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to 4 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. A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and their succors 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 OWNER and the CITY. B. 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. C. 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 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: (1) If to OWNERS: Hinsbrook Bank Trust #03-008 c/o Dan Laniosz 22 W 410 71" Street Naperville, IL 60540 Fax: 630-969-2603 5 with copies lo; Law Offices of Dallas C. Ingemunson, P.C. 226 S. Bridge Street Yorkville, Illinois 60560 Attention: Dallas Ingemunson Fax: (630) 553-7958 (II) 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. D. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11 - 15 . 1-1, et seq., Minois 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 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. E. 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 maybe 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. 6 F. Conveyances, Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. G. Cautions 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. H. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER's expense. 1. 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, J . 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. K. 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. L. 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 OWNER 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 7 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. M. Major and Minor Modifications. Any modification to the Site Plan (Exhibit "C") 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. N. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. O. Effectiveness. This Agreement shall be subject to and shall take effect after the consummation of the transaction between OWNER for the sale of any portion by OWNER. 8 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNER: CITY: HINSBROOK BANK TRUST #03-008 UNTIED CITY OF YORKVILLE, an Illinois municipal corporation By: By: i Name: Daniel A. Laniosz B Title:/( �i(J ' Title: Mayor Atte . Title: i erk 9 LIST OR EXUJBTI'S EXHIBIT "A": Survey of SUBJECT PROPERTY EXHIBIT 'B": Legal Description For Area Zoned R-3 EXHIBIT "C": Site Plan 10 EXHIBIT " A " LEGAL. DESCRIPTION OF TRACT TO BE ANNEXED: That port of the Southwest Quarter of Section 5 and part of the Northwest Quarter of Section 8, Township 36 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Southeast Corner of said Section 5; thence North 05'47'00" West, 252.75 feet to the Tangent of the Centerline of Illinois Route No. 71 , said point being P.I. Station 1425+19.65 of said Centeriine; thence South 85'37'00" West, along said Tangent and along the Centerline and along a Tangent of soid Centerline, 2089.48 feet to P.I. Station 1404+33.50; thence South 74'14'00" West, along the Tangent and along the Centerline of said Illinois Route No. 710 1655.80 feet; thence North 18'07'30" West, 69.20 feet to the Northerly Una of sold Illinois Route No, 71 ; - thence North 74'42'30" East, along said Northerly Line, 209.0 feet for the point of beginning; thence North 19'07'30" West, 418.0 feet; thence North 74'42'30' East, parallel with the Northerly Line of said Illinois Route No. 71 , 209.0 feet; thence South 18'07'30' East, 418.0 feet to the Northerly Una of said Illinois Route No.� 71 ; thence South. 7442'30" West, along sold Northerly Una, 209.0 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 2.003 acres as said Property is depicted on a Plat of Survey by Francis E. Sexton, Illinois Professional Land Surveyor No. 1466, doted September 21 , 1965, which Survey apporently created this Pares) as shown, and that this Survey is based solely on the monumentotion which remains from sold 'Sexton Survey'. AND ALSO: That part of the Southwest Quarter of Section 5 and that Part of the Northwest Quarter of Seeflon 8, Township 36 North, Ronge , 7 East of the Third Principol Meridian described as follows: Commencing at the Southeast Comer of said Section 5; thence North 05'47'00" West, 252.75 feet to the tangent centerline of Illinois Route No. 71 , said point being P.I. Station 1425+ 19.65 of said centerline; thence South 85'37'00" West, along sold tangent and along the centerline and along a tangent of said centerline, 2069.48 feet to P.I. Station 1404+33.50; thence South 74'14'00" West, along the tangent and along the centerline of said Illinois Route No. 71 , 1855.80 feet; thence North 18'07'30" West, 59.20 feet to the Northerly Una of said Illinois Route No, 71 ; thence North 74'42'30` East, along said Northerly Una, 418.0 feet; thence North 1607'30" West, 440.0 feet for the point of beginning; thence South 18'07'30" Eost, 440.0 feet to sold Northerlyy Una; thence North 74'42'30' East, along said Northerly Una, 80.O . feet'; thence North 18'07'30" West, 200.0 feet; thence North 07'59'19" East, 260.95 feet; thence South 74'42'30" West, 195.0 feet to the point of beginning In Kendall Township, Kendall County, Illinois and containing 1 .124 acres. Accurate Map of Territory Annexed to , " pal a the SeW w awm/w of 51Y6aa 5 ra oc^ a the �$ h a Statham a. Tae,Nm 36 Nerm, Range 7 E d of M Tara Pdncad ltrlw.l, THE UNITED CITY OF YORKVILLE °' '' Wo owl a, lm "emo.aol he C m sold swum e; tat 00 1IOrN 00'44'00' West 2S2.TS root b ma Trgmt a 0st CYar6rst d OFei 1"ae = � a/c TI, ook Point. bonq P4. SWleo 161111+M" d amid Cwl4rdrn; thdIesa SYRr tE Kendall County Illinois \ sSSJm' m..l ."roY" dWPlreNag Cana. YO ° 4-174 of ' Woo 4" the. 26tlA ' oral b It. SNWn lda of ame! e ' h 74'1{m sold 3]t D• mM. thanes pm 7ng.re oral O Real Ilse look b a e fl thawly Aeae Nsa 71, 1055.60 mJr 447.7p4 Iaat 6"nee NwW 1f6T30 real, 66.20 fool b Nn NsoY,efb• UM of veld afileie o Y u lrl Rauh Ne 71: 6mrNa Herb 7P42*W Eoel, olone fold lbMob Iwla 209.0 feet for the "W a begimtiiq; Whores North 159730' wool 414.0 {mall Ihrsta Rash — 74'42'30' East. Parole With Om Nerbaa lima a sold 10101111 Roo4 ft 71, 970.0 foot thanee Ssvlh 1697'30' Eat 41" led; to Rom NoMedy too" or good mina Rouse N No, 71• Ostrom Sa11n 74'42130' moat, along sold N Wlw tlne. CmA Iwo 16 the _ n sefnt a baaimlinl in Nalda9 To ho. I(eMOa County. llUrCls cowl e00116nin6 2.003 U i YGM M amd Pgprty b depa2Y an a Plat of Survey by Pmr,rn E Smlaa, mhwfa a+l pefYµmlpl turd 3rvoyer Nn. 1466, dated September 21. 1965. eldest Srvey o 40 �. apparanuy Created Wm Parcel as sheen, and Ihot Ibia Survey N bosY solely an the o ry' mdre.nleite0mn a" Wool" born a1" 'solon svrwy'. _ oa aa aa ,tom NSW: N 524}2' 'a the port Of the $eulheaat Owner a seatwn s cad m. R Pat a fa -/ N° NoMeoo! Owrtw iv SeeOw, 8, T nip 321 flu". Range 7 f� q Coal of the Third Principe dst Con r aasZola oo follows: •U a North 0 149 at sm se252.75 fast th said ieeten 5; IMF V) i .2p9•� R �(] North OS'tte N small. old Po feat t° On tuna n caeerliro °f y "11 *%S.O* E ` of Sol RaOe rl ]l, mold pant Oe:rlg PI. Weak. 1d" sold V to dpW eenteMae: theca South and al00- weal 21st acid N � y76t1� 7t7 N ebnl t one alloy the wnMn'rn and elIQ a 3n ; ho ere Q a V` !imulh c 1069.16 t. 11 t Station 1401{]" a cart of vo ]4'1roU Plod o.n16 I1 torwnt and Nap 11a p�,1r6m 2 Y �' C yp'W of mad Illmia . M. N1. 7i, 1&55.60 (vet Onnee memo � y m 4K✓t Realm fro. Weal then feel la fore '304 Cast.. a and d!a th r b 'n Realm No. 71; 1Mnu North 7i 42'30' East, dpp aoW mb^he^Y D z i �s GGR ` llns. {18.0 h•6 Ihercc N1M 1904'30' Westl 110.0 leaf fa Owl tit J Z the paint of beginning thenea Sevlh 1607'30 Eml. 4x0.0 feet e �y O N bold =Erie- thence North 74'42'30' East. clan wi0 07 �t1smace z (� # q, ` i4 Norther t 1%ese ��9s°on« 1paZQOt'w b fast mmc"�° gaao 1 SCALE I o 8 0 l4'• 'la� Township. KaMul C1una. Ililsis old eontamfnq 1,124 mares. >— f CR CP °_ LO 1st f4' O_ \ 1,}1'1'1 1• d ll>NVs, �. Vfv fir. w a 19.9V iyw ' aa°6 °� l" 6 � I `� �r tM,Prd•' � r ' " � -o P -'.ydti 36'W .• j man aua 6A�� 5.6aietfin Sbls ti a 50rl® : ., , rt.ju d t.1 lei /• j _ $ tlad' na t19• y 0^" 3 Sts 6 " sanlrY.e Comer of un 5764�.yp g °� Cmwa a Itarlde6 ._,c.}n•'' sYSrr S. 136N-R7 h,tv d /� N 4 Rump 0. leery, M Shade Refevia.stl told 6prvoyw / a < .E dl8' ors on afiw d A.iecpp O. Yewy and Aeeocieee, h,a.. ebNe �� that I have preparad tort, Pitt mind avaslab's recorded daeumral". , 4 0 O OUT Pebrwry 3, "06 at yvm1mlW 416\W1 -- - - 00.20 {� 1O ( � � V 7 S 19 22 NIWO?' ttw t\ ~ ��^ I , I l� 1� Pmllp o. ramp L� Worm& Pry e a ° tl land Sawyer fle. 26721 (Calms i p/30/90 m o O EXHIBIT " B " LEGAL OESCRIPTION OF TRACT TO BE ANNEXED: That port of the Southwest Quarter of Section 5 and part of the Northwest Ouarter of Section 8, Township 36 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Southeast Corner of said Section 5; thence North 05'47'00" West, 252.75 feet to the Tangent of the Centerline of Illinois Route No. 71 , sold point being PJ. Station 1425+ 19.65 of sold Centerline; thence South 8537'DO' West, along said Tangent and along the Centerline and along a Tangent of said Centerline, 2089.48 feet to P.I. Station 1404+33.50; thence South 74'14'00" West, along the Tangent and along the Centerline of said Illinois Route No. 71 , 1855.80 feet; thence North 18'07'30° West, 69.20 feet to the NorthaNy Una of said Illinois Route No. 71 ; - thence North 74'42130" East, along sold Northerly Una, 209.0 feet for the point of beginning; thence North 18407'30" West, 418.0 feet; thence North 74'42'30' East, parallel with the Northerly Una of said Illinois Route No. 71 , 209.0 feet; thence South 18'07'30" East, 418.0 feet to the Northerly Line of said Illinois Route Noe 71 ; thence South 74'42'30" West, along sold Northerly Une, 209.0 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 2.003 acres as said Property Is depicted on a Plat of Survey by Francis E. Sexton, Illinois Professional Land Surveyor No. 1466, doted September 21 , 1965, which Survey apparently created this Parcel as shown, and that this Survey is based solely on the manUMentat;on which remains from void "Sexton Survey". AND ALSO: That part of the Southwest Quarter of Section 5 and that Part of the Northwest Quarter of Section 8, Township 36 North, Range . 7 East of the Third Pr;ncipol Meridian described as follows: Commencing at the Southeast Corner of sold Section 5; thence North 05'47'00" West, 252.75 feet to the tangent centerline of Illinois Route No. 71 , sold point being P.I. Station 1425+19.65 of said centerline; thence South 85'37'00' West, along said tangent and along the centerline and along a tangent of sold centerline, 2089.48 feet to P.I. Station 1404+33.50; thence South 74' 14'00" West, along the tangent and along the centerline of said Illinois Route No. 71 , 1855,80 feet; thence North 18'07'30" west, 69.20 feet to the Northerly Una of sold Illinois Route No. 71 ; thence North 7442'30' East, along said Northerly Una, 418.0 feet; thence North T8'07'30" West 440.0 feet for the point of beginning; thence South 18'07'308' East, 440.0 feet to sold Northerly Una; thence North 74'42'30" East, along sold Northerly Una, 50.0 . feet: thence North 18'07'30" West, 200.0 feet; thence North 07'59'19' East, 260.95 feet; thence South 7442'30° West, 195.0 feet to the point of beginning In Kendall Township, Kendall County. Illinois and containing 1 ,124 acres. SITE PLAN n n m 11NC I/ y� \1 M 9 Y a • rj i ppUY6 T' a " ILblp015 STATE ,• ENGINEERING, Ka v ° ~ Owl, ♦��O C4, Reviewed By: Agenda Item Number � T Legal Am Finance ❑ Esr. leas Engineer ❑ -=�,`--- Tracking Number N City Administrator ❑ p 20 Consultant ❑ E DC a 00 I -aO <CE w� Agenda Item Summary Memo Title: Raintree HOA—Grant of Easement from Raintree HOA for ComEd Trail Meeting and Date: City Council/February 10,2009 Synopsis: Easement Agreement to allow the City to construct and maintain a trail across property owned by the Raintree HOA necessary to surround an existing substation within the ComEd property Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approval of Easement Agreement and Authorization for Mayor to execute. Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report United City of Yorkville Memo 800 Game Farm Road MT.. ';` 1885 Yorkville, Illinois 60560 '4 Telephone: 630-553-8545 Fax : 630-553-3436 <LE ®d®' Date: January 28, 2009 To: EDC From : Travis Miller/Laura Haake CC: Lisa Pickering (for distribution) Subject: Raintree Homeowner's Association Trail Easement The planned ComEd trail from Van Emmon Road to the existing trail in Windett Ridge will be required to be constructed outside of the ComEd property at a location within the Raintree subdivision (just south of Route 71 and north of Hazeltine Way) where a substation is located. ComEd has specifically requested that the trail be placed a minimum of eight feet from the fence surrounding this substation. The Raintree Village Homeowner' s Association (HOA) and the Yorkville Bristol Sanitary District (YBSD) have signed the attached agreement providing for a 20' wide shared-use trail easement adjacent to the eastern property line of the ComEd substation. Kk. I M1W COIN a s r. O V. 4 r tx . " 4'1' u H; i OF A AM United City of Yorkville GIS The Data is provided without warranty or any representation of x tY accuracy,timeliness,or completeness.It is the responsibility of the Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and w -E PrOVlded By Kendall County GI$ appropriateness of its use.The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2009- ORDINANCE APPROVING A PERMANENT TRAIL EASEMENT AGREEMENT WITH RAINTREE VILLAGE HOMEOWNER'S ASSOCIATION 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, Raintree Village Homeowner's Association (the "Grantor") is the owner of a certain parcel of real estate which is located between Hazeltine Way and Route 71 in Yorkville, Illinois (the "Subject Property"); and, WHEREAS, the Grantor grants to the United City of Yorkville, Kendall County, Illinois (the "Grantee"), a non exclusive, permanent easement on the Subject Property (the "Permanent Trail Easement"), in accordance with the conditions described in the Grant of Permanent Trail Easement Agreement, attached hereto and incorporated herein; and, WHEREAS, the Grantee intends to use the Permanent Trail Easement to construct, replace, maintain, and operate a trail on the Subject Property. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Grant of Permanent Trail Easement Agreement by and between Raintree Village Homeowner's Association and the United City of Yorkville, in the form attached hereto and made a part hereof, is hereby approved; and, the Mayor and City Clerk are hereby authorized to execute and deliver same; and, to undertake any and all actions required to implement the terms thereof. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2009. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2009. MAYOR 2 GRANT OF PERMANENT TRAIL EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: & i rt1Y CQ, V a l THAT the Grantors: #m t h t1P4'S a ati n of the sum of TEN DOLLARS ($ 10.00) and other good and valuable consideration.. the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns, hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a non exclusive, permanent easement (the "Permanent Trail Easement"). as described herein, to construct, replace, maintain, and operate a trail, in the event any is actually installed in, upon, and across the tracts of land described as follows, to-wit: BURDENED PARCEL Grantors are the owners of that certain tract of land located between Hazeltine Way and Route 71 in the City of Yorkville, Kendall County, State of Illinois and legally described as "Grantor's Property" on the attached Exhibit A, Plat of Easement. PERMANENT TRAIL EASEMENT The Permanent Trail Easement shall be that certain real property located upon the Grantor's property and legally described under "Easement Legal Description"' on the attached Exhibit A, Plat of Easement. Said grant of easement is made under the additional following terms and conditions: 1 , Grantee's use of the Permanent Easement Area shall be solely for the purpose of constructing, installing, operating, maintaining, and replacing a trail in and upon the Permanent Easement Area at Grantee' s sole cost and expense. 2. Grantee shall thereafter, at Grantee's sole cost and expense: a. Restore the natural area/grassy surface of said Permanent Easement Area in a uniform manner, free of all debris, rocks in excess of one inch ( 1 "), and gravel, and provide a covering of a minimum of six inches (6") of clean, black, fertile top soil, and establish a healthy stand of turf or plants, b. Replace all lot lines and property line stakes moved or disrupted in the course of performing any work in connection with the purpose of which the easements herein are granted. 3 . All construction, extension, reconstruction, maintenance, repairs, replacements or any other work by Grantee shall be performed in accordance with all applicable building and construction laws. a. Grantee agrees that it will not change the natural flow of water as a result of its actions in constructing, installing, operating, maintaining, and/or replacing any portion of the Permanent Easement Area. To the extent that the natural flow of water is disrupted or regrading of the Permanent Easement Area occurs, Grantee agrees that the water disruption or regrading shall be included within the Grantee's hold harmless and insurance obligations contained in paragraph 5 below. 5 . Grantee shall defend and hold Grantor harmless from any and all claims, causes of action, damages, lawsuits and/or administrative proceedings now or hereafter existing and resulting from the Grantee's use of the Permanent Easement Area, including any claims, causes of action, damages, lawsuits and/or administrative proceedings alleged to be as a result of any construction or regrading that the Grantee performs on the Permanent Easement Area except for any such proceedings allegedly resulting from Grantor's own negligence in construction. In addition, the Grantee shall cause Grantor to be named as an additional insured by any general contractor retained to perform work for the constructing, installing, operating, maintaining, and replacing any portion of the Permanent Easement Area. Said grant of easement is further made under the additional following terms and conditions per Yorkville-Bristol Sanitary District (YBSD): 6. Grantee shall defend and hold the Yorkville-Bristol Sanitary District and its successors and assigns harmless from all claims, injuries, suits, damages, costs, losses, and reasonable expenses resulting from or arising out of the construction, installing, operating , maintaining, and replacing any portion of the Permanent Easement Area, including damage to the existing sanitary sewer pipeline or any of its appurtenances and the leaking of its contents, except where the claims, injuries, suits, damages, costs, losses, and expenses arise out of the negligence or intentional acts of the Yorkville-Bristol Sanitary District and its agents, successors or assigns. 7. Grantee shall cause the Yorkville-Bristol Sanitary District and agents, successors and assigns to be named as an additional insured by any general contractor retained to perform work for the constructing, installing, operating, maintaining, and replacing any portion of the Permanent Easement Area, Said insurance coverage shall be primary and non-contributory. 8. Grantee shall repair any damaged or otherwise disturbed sanitary manhole, manhole cover, manhole frame, manhole chimney or sanitary sewer as a result of the proposed improvements. Grantee shall adjust all sanitary manholes to grade due to any change in ground elevations resulting from constructing, installing, operating, maintaining, and replacing any portion of the Permanent Easement Area. All repairs and adjustments shall be made by Grantee in accordance with the latest edition of the Standard Specifications for Sanitary Sewer Construction in the Yorkville-Bristol Sanitary District. 9. All notices and demands hereunder shall be in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed, or five (5 ) days after deposit in the U.S. Mail if sent postage prepaid by United States registered or certified mail, return receipt requested, addressed as follows: If to Grantee: City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 If to Grantors: l 1 t CL tkSl Street Yorkville, Illinois 60560 If to YBSD : Executive Director Yorkville-Bristol Sanitary District P.G. Box 27 Yorkville, IL 60560-0027 10. Said permanent easement shall be binding upon the successors, heirs, and assigns of each party hereto. (SIGNATURES APPEAR ON THE FOLLOWING PAGES] IN WITNESS WHEREOF.. the Grantors and Grantee have hereunto set their hands and sea] this c th day of Qt E be r 2008. Mayor, United City of Yorkville Owner City Clerk 0 ner $ STATE OF ILLINOIS ) COUNTY OFKENDALL ) Ul 061 n Bt1NPr ark AdUIF� ,.ail: :' allege and state that they have read the foregoing Grant of Permanent Trail Easement Agreement by them subscribed, that they have knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. Owner 0 ner Subscribed and sworn to before me, "OfiFICIAL SEAL" M;nay �. stem O L+o be Y 2008. Notary Pubhq State of Illlnols My Commission Expires 4242010 1 � N, ary h Prepared by and return to: City Attorney Kathleen Field Orr 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-4350 STATE OF ILLINOIS) )ss COUNTY OF KENDALL) APPROVED AND ACCEPTED BY THE YORKVILLE-BRISTOL SANITARY DISTRICT. THIS DAY OF *4 A/ !l /I p e , 2009. r al ph P ster, Executus D' ector ATTEST: C4Li( _CC LUa C cc7�7 —z _ Y •STA7E Pfi BS}IXd @X1aIRES:17/1P192 "All GRANTOR'S PROPERTY EXHIBIT LOT 17 IN RAINTREE PILLAGE UNIT ONE BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 4 AND PART OF SECTION 9, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD:PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKNNE, KENOALL, COUNTY. ILLINOIS, PLAT OF EASEMENT EASEMENT LEGAL DESCRIPTION COMMENCING AT THE NORTHWEST CORNER OF LOT 17 IN RAINTREE VILLAGE UNIT ONE, BEING A SUBOINSION FOR OF PART OF THE SOUTH HALF OF SECTION 4 AND PART OF SECTION 9. TOWNSHIP 35 NORTH. RANGE 7 PEDESTRIAN EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF'YORKVIUZ KENDALL COUNTY, IUINDS; THENCE SOUTH 12 PeOREES 43 MINUTES 53 SECONDS EAST ALONG THE WEST LINE OF SAD LOT*�'�q @,� TRAIL FEET THENCE POINT F DEGREES:I THENCE SOU 35 DEGREES 25 MINUTES 20 THENCE SOUTH 10 5ry J4aO 9 �d THE i DEGREES 00 MINUTES 31 SECONDS WEST, 51.74 FEET TO SAID WEST LINE. THENCE NORTH 12 DEGREES 43 9 O 9 I i MINUTES 53 SECONDS WEST ALONG SAID WEST UNE, 379..84 FEET TO THE POINT OF BEGINNING. UNITED CITY OF ILL KENDALL COUNTY, ILLINOIS OIL sl f COMMENCEMENT \ N m PC1N OF BEGINNING s \ O 40 84 SCALE FEET P,I.N, 0$-04-378-001 1 t a LOT 17 \ t fl , ' 10 , STATE WILLOW . GaVFtrr tN+ nRYk7 � , THI& is TR- n 's1#A'f enae+ �tMe tw. i A3 PPEPAWS0 Rim OF £q' M>S+:T Afi. .SHRWN TMe xER r ' Tr PIAY iF A TRtI,&,AHA O'T B PRCSF'-w- P1 �.S�R _ PRQ AP€tF� �> TA1E 17��1SJRGRBR9EP�. GES4 UdR M v P" 49yp 4Nm, NY NkNB %Tti9 RIF. A!f Sk!GA @Rp , 144NSd5� ya 0 1lIt4 ' uyBTe�# uAr 4 ,4004%, n , .. 17 lAlw 11 64 ronuAly. . I P ;�„ fi 1 . � x �NR�� a R �DTTN�YU�is �NCatlE�zar�R � w 1R Ra w"flAR , Mc eN a, . ` Ng,;, � aPLAT : r' , _ — _ DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS 800 GAME FARM ROAD ON TUESDAY, JANUARY 13. 2009 Mayor Pro Tem Werderich called the meeting to order at 7:03 p.m, and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward Allen Present Werderich Present Ward 11 Golinski Present - Plocher Present Ward 111 Menus Present Sutcliff Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Attorney Gardiner, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Police Chief Martin, Lieutenant Hart, Director of Parks & Recreation Mogle, Community Development Director Miller, Public Relations Officer Spies and City Engineer Wywrot. UO ORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Pro Tern Werderich asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA A motion was made by Alderman Sutcliff to table the Boundary Agreement Discussion (CC 2008-118) under the Mayor's Repoli; seconded by Alderman Plocher. Motion approved by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m., January 20, 2009 City Hall Conference Room Economic Development Committee 7:00 P.M., February 3, 2009 City Hall Conference Room - Administration Committee 6:30 p.m., February 12, 2009 City Hall Conference Room Public Safety Committee 6:00 P.M., January 22, 2009 City Hall Conference Room PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS None, CONSENT AGENDA 1. Agreement between the United City of Yorkville Park & Recreation Department and Yorkville Youth Baseball/Softball Association - authorize the Mayor to erecute (CC 2009-01) The Minutes of the Regular Meeting of the City Council January 13 2009 — page 2 Mayor Pro Tem Werderich entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Spears; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Golinski-aye, Werderich-aye, Plocher-aye, Spears-aye, Munns-aye, Sutcliff-aye, Allen-aye, Besco-aye PLAN COMMISSION/ZONING BOARD OF APPEAL Approving a Variance for Merlin Corporation - 102 Beaver Street, Yorkville ZBA 2008-05 A motion was made by Alderman Allen Golinski to approve an ordinance approving a variance for Merlin Corporation, 102 Beaver Street, Yorkville and authorize the Mayor and City Clerk to execute; seconded by Alderman Besco. Director Miller explained that the Zoning Board of Appeals met and reviewed the request. They recommended against the variance (4 opposed, 2 in favor and 1 abstention). Alderman Allen stated that in light of the ZBA's lack of support, he could not support the variance. He stated that that while he looked forward to Merlin's coming to Yorkville he liked standards and didn't feel it was good direction to change the rules. Alderman Spears commented that she liked how the sign looked and she did not feel the petitioner was asking for much. She supported the variance. Alderman Besco agreed saying it was a tasteful sign. He asked if this was the standard sign and the petitioner stated it was. Alderman Spears noted that the ZBA is to review each request however ultimately the City Council makes the decision. There was a similar problem with the Wendy's sign and now it is not very visible. Motion defeated by a roll call vote. Ayes-5 Nays-3 Golinski-aye, Besco-aye, Allen-nay, Suteliff-nay, Munns-aye, Spears-aye, Plocher-nay, Werderich-aye Attorney Gardiner explained that the motion was defeated because a super majority or 2/3's vote was needed to approve the variance. He read a statement from Attorney Orr regarding this. Alderman Spears asked if this could come back before the City Council and Attorney Gardiner explained that it could if one of the City Council who voted against it asked for a motion to reconsider at the next City Council meeting. MINUTES FOR APPROVAL A motion was made by Alderman Moors to approve the minutes of the City Council meetings of November 10, 2008, November 25, 2008 and December 9, 2008; seconded by Alderman Golinski. Alderman Spears noted that on the bottom of page 4 of the December 9, 2009 minutes the vote is incorrect and Alderman Golinski's name is not mentioned. Clerk Milschewski stated she would correct the minutes. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Aldennan Moons to approve the paying of the bills listed on the Detailed Board Report dated January 5, 2009 totaling the following amounts: checks in the amount of$667,700.60 (vendors); $279,142.88 (payroll period ending 12/20/08); for a total of$946, 844.48; seconded by Alderman Golinski. Alderman Spears questioned a bill on page 11 , Engineering Enterprises, Inc. — General Work in the amount of $319.50. She wanted to know what comprised general work. Director Mika stated she would pull the invoice and report back to Alderman Spears as to the particulars of the item. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sulcliff--aye, Werderich-aye, Besco-aye, Golinski-aye, Allen-aye The Minutes of the Reeular Mectine of the City Council — January 13, 2009 — oaee 3 REPORTS MAYOR'S REPORT No report. CITY COUNCIL REPORT Anti-Nepotism Policy (CC 2009-119) A motion was made by Alderman Allen to approve the Anti-Nepotism Policy; seconded by Alderman Morris. A motion was made by Alderman Allen to table the Anti-Nepotism Policy to the Administration Committee; seconded by Alderman Morris. Motion to table approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Allen-aye, Sutcliff-aye ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADDIINISTATOR'S REPOIZ14 Special Census Update Administrator McLaughlin reported that the census has been wrapped up and the workers have moved out of the office. He thanked the Public Works Department, the Chamber of Commerce and City Secretary Bonnie Olsem for their help. Alderman Werderich asked when the city would be getting the results. Assistant City Administrator Olson stated that the unofficial numbers should be available in two to three weeks and the official numbers soon afterwards. Chamber of Commerce Administrator McLaughlin reported that the annual Chamber of Commerce dinner was being held on January 115, 2009 from 5:00 to 10:00 p.m. at White Tail Ridge. Aux Sable Creek Planning Meetings Administrator McLaughlin reported that the Aux Sable Creek Planning Meetings are scheduled for January 15, 2009 at the Historic Court House at 1 :00 and 5:30 p.m. FINANCE DIRECTOR'S REPORT Director Mika distributed information from Standard and Poor's and reported that the city's bond rating has been raised to A+ and the debt certificate testing is up to an A from an A-. Alderman Allen asked how the audit was coming along. Director Mika stated that a draft will be presented to the City Council at the January 27, 2009 meeting. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the Public Works Department is trying to keep up with the snow and he asked for patience from the residents. He reminded everyone that there is an ordinance prohibiting people from shoveling snow into the street and those violating it can be fined $25.00. Alderman Werderich stated that he received telephone calls regarding driveways being plowed in. One call was from an elderly couple and he wanted to know if anything could be done about this. Director Dhuse explained that unfortunately this was unavoidable. CHIEF OF POLICE'S REPORT Chief Martin reported that the Police Department has issued quite a few citations for vehicles parked on the street after two or more inches of snow. Two cars were towed. He advised the public to keep their cars off the roadway after a snowfall or the cars will be ticketed or towed. The Minutes of the Regular Meethua of the City Council — January 13 2009 — page 4 DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported that the Recreation Department had a successful open house at the Rec Center. Eighty-six new members signed up and over $5,000.00 in membership fees were collected. The Rec Center was crowded with people using the pool, gym and exercise equipment. A new class, Zomba, was demonstrated and sixty people participated. Also, fifty people tried the power class. Alderman Allen asked if there was an empty seat on the Park Board to be filled by the School Board, Director Mogle stated that there was and has been for some time. The School Board recommended an ad hoc committee that meets four times per year. Alderman Allen asked if the open seat was specific to the School Board and Director Mogle stated it was. Alderman Allen suggested that the Administration Committee may want to re-address this since there was no quomm at the last Park Board meeting. Alderman Manus, chairman of the Administration Committee, agreed to put this on the committee's agenda. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported that on January 15, 2009 at 4:30 p.m. there will be an Integrated Transportation Planning meeting at the Library. This will be the second of three meetings and the first meetings since the public input meeting. COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNITY & LIAISON REPORT Library Board Alderman Allen reported that he attended the Library Board meeting where they discussed establishing a Library District. Kendall Senior Providers Alderman Spears reported that she attended the Kendall Senior Providers meeting on January 6, 2009. Items discussed were: o Efforts to establish a transportation system o A volunteer meeting for home delivered meals and the Yorkville Junior Women's club donation of $300.00 to the meal program o Rush-Copley seminars on faster blood sugar tests and beating the blues o Upcoming events such as —Everybody's Birthday" and a golf outing o Oswego's meals program which has eighty-five participants Rush-Copley Meeting Alderman Allen reported that Rush-Copley was holding a meeting at the Library on January 23, 2009 to discuss their proposed emergency center. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Code Amendment Ordinances (PS 2008-46) Ordinance Amending the Code of Ordinances Regarding Advertising on Signs and Buildings A motion was made by Alderman Spears to approve an ordinance amending the Code of Ordinances regarding advertising on signs and buildings and authorize the Mayor and City Clerk to execute; seconded by Alderman Werderich. Alderman Golinski commented that he felt that the ordinance went too far requiring City Council consent and written consent from the building owner. Alderman Manus asked if the ordinance was discussed at the Public Safety Committee meeting and Alderman Spears indicated that it was and that the committee was split. The consensus of the committee was to bring this to the City Council for discussion. The Minutes of the Regular Meeting of the City Council — January 13 2009 — page 5 There was discussion on the wording of the ordinance and its vagueness. A motion was made by Alderman Besco to table the ordinance to the Public Safety Committee meeting; seconded by Alderman Munns. Motion to table approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Allen-aye, Sutcliff-aye, Munns-aye Ordinance Amending the Code of Ordinances Regarding Fireworks A motion was made by Alderman Spears to approve an ordinance amending the Code of Ordinances regarding fireworks and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Alderman Spears noted that the Public Safety Committee made changes to Item B of the ordinance. The wording was changed to ". . .of this code: however the mayor and City Council may issue a permit for the discharge of fireworks for pyrotechnical displays." Alderman Golinski commented that again the ordinance was too vague and questioned if the city had a fireworks ordinance on the books and how did this one differ from it. He also questioned the limitations to toy guns. He stated that he was against the ordinance and questioned where these ordinances were originating from. Chief Martin explained that the toy guns being referred to were explosive ones not cap or squirt guns. He felt that the ordinance addressed a crime at a lower level before the misuse of fireworks becomes criminal. He stated that he was not sure how this ordinance differed from the current fireworks ordinance and that City Attorney Orr put the ordinance together. Alderman Besco agreed with Alderman Golinski. He noted that ordinance refers to blank cartridges and stated that under this ordinance a starter gun could not be used at a track meet in the city. Also, construction workers use blank cartridges in nail guns. Alderman Spears noted that Chief Martin did not bring these ordinances forward and the Public Safety Committee suggested that they not be approved and the current ordinances be kept on the books. She also stated that Alderman Werderich cited where these ordinances are in conflict with state statute. Chief Martin agreed that criminal laws were on the books and reiterated that the wording and reasoning behind the code amendments came from Attorney Orr. Attorney Gardiner stated he discussed the philosophy of the amendments with Attorney On- and she indicated that they gave the city more ability to administer enforcement Alderman Werderich stated that the Public Safety Committee had a lengthy discussion about the code amendments. His major concern was that the amendments incorporate state statute into city laws. He also noted that with criminal charges a person is innocent until proven guilty whereas with the adjudication process it is up to a person to prove their innocence. He stated that some of these code amendments are for jailable offenses and he felt it appeared the city was taking a lesser stance on crime in order to line its pockets. He commented that if it was up to him he would "ash can" all the amendments. He asked the City Council if they wanted to look at the amendments as a whole or go through them individually. Alderman Besco agreed that the amendments should be "dumped" however Alderman Allen felt he would like to know which ones people supported. Alderman Spears asked that all of the amendments be addressed at this meeting. Alderman Moons suggested that the language of this amendment be made cleaner in respect to the references to guns. Alderman Sutcliff noted that the wording was changed at the Public Safety Committee meeting and that the word "explosive" was added to the reference to toy guns. Alderman Besco still disagreed with the wording and felt that the current ordinance addressing this is fine. A motion was made by Alderman Allen to table the ordinance to the Public Safety Committee meeting; seconded by Alderman Besco. Motion to table approved by a roll call vote. Ayes-5 Nays-3 Werderich-aye, Golinski-nay, Besco-aye, Allen-aye, Sutcliff-aye, Munns-aye, Spears-nay, Plocher-nay The Minutes of the Regular Meeting of the Citv Council — October 14. 2009 — page 6 Ordinance Amending the Code of Ordinance Regarding Possession of Paint or Marker with Intent to Deface A motion was made by Alderman Spears to approve an ordinance amending the Code of Ordinance regarding possession of paint or marker with intent to deface and authorize the Mayor and City Clerk to execute; seconded by Alderman Allen, Alderman Spears stated that this ordinance was discussed at length by the committee. She questioned how intent can be proven if a person is found walking down the street with a magic marker. She stated that if this is sent back to committee she strongly encouraged comments from the City Council. Alderman Sutcliff stated that this was another ordinance brought forward by Attorney Off and that she would like Attorney Orr to be able to explain and/or defend the ordinance. She fell that Attorney Orr should be part of the discussion and suggested tabling this until the next City Council meeting. Alderman Werderich stated that these amendments have been discussed at length and he did not feel Attorney Orr needed to be present. Alderman Besco asked if Attorney Oir attended a Public Safety Committee meeting to discuss the amendments and Alderman Spears stated she did. Chief Martin stated that Attorney Orr explained that she suggested the amendments based on her experience in other communities. He also stated that state law covers vandalism and the amendment could be used to give an individual a chance to learn from their mistakes. Alderman Besco felt that the amendment limited artistic individuals from carrying art supplies. Motion defeated by a roll call vote. Ayes-2 Nays-6 Golinski-nay, Besco-nay, Allen-aye, Sutcliff-aye, Munns-nay, Spears-nay, Plocher-nay, Werderich-nay Ordinance 2009-01 Amending the Code of Ordinances Regarding Removal of Graffiti A motion was made by Alderman Spears to approve an ordinance amending (he Code of Ordinances regarding removal of graffiti and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Alderman Plocher stated he was dead against this ordinance because it is absurd and he suggested that the City Council vote it down. Chief Martin explained that the purpose of the code amendment is to address gang graffiti which if left displayed opens the door for more graffiti, Alderman Golinski felt that the ordinance penalized the victim and he did not like the wording. Alderman Spears agreed with Alderman Golinski. She stated that recently the Home Depot store was graffitied with gang signs and she supported the removal of this type of graffiti. However if this happened to an elderly resident it could be upsetting to them to have to remove it or pay to have it removed. Alderman Besco also agreed with Alderman Golinski. Chief Martin stated that he felt the city should find a way to work with residents to remove graffiti so that victims are not penalized. He explained that there isn't a state law covering the removal of graffiti. Most people remove it themselves or work with the city to remove it. He thought it would be good for the city to have something on the books addressing this but with different language. Alderman Werderich stated that the ordinance is to prevent and discourage gang graffiti. He supported the development of a program to address gang graffiti; to be proactive. Alderman Besco suggested changing the wording to ". . .the property owner may be liable. . ." and adding language that the city will assist with removal of graffiti. A motion was made by Alderman Allen to amend the ordinance to change the wording as suggested by Alderman Besco; seconded by Alderman Besco. A motion was made by Alderman Plocher to add the word "gang" before the word "graffiti" in the ordinance; seconded by Alderman Allen. Alderman Spears stated she was against adding the word "gang'. Alderman Allen withdrew his second; Alderman Plocher withdrew the motion. The Minutes of the Regular Meeting of the City Council —January 13. 2009 — page 7 Motion to approve amended ordinance approved by a roll call vote. Ayes-6 Nays-2 Allen-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-nay, Golinski-nay, Besco-aye Ordinance 2009-02 Amending the Code of Ordinances Regarding Cannabis A motion was made by Alderman Spears to approve an ordinance amending the Code of Ordinances Regarding Cannabis and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Alderman Munns asked for clarification as to what comprised 2.5 grams of cannabis and Chief Martin explained that this applied to onejoint or cigarette. Alderman Golinski noted that last year a neighboring community de-criminalized 10 grams or less of cannabis and he questioned the ordinance's lower amount. Chief Martin stated that he was unfamiliar with the specifics of the other community's ordinance and that the reason for the amendment was to work with individuals who may be testing themselves. He felt that an individual possessing 10 grams of cannabis was probably a more serious user. Alderman Werderich did not agree with the reduction and explained that possession of 10 grams is a class "A" misdemeanor and possession of 2.5 grains is a class `B" misdemeanor. He stated that while he likes the adjudication process this is crossing over to something else. He felt that this was taking a soften stand on crime. He reiterated that violation of this ordinance assumes the person is guilty and they have to prove their innocence. Chief Martin disagreed that this ordinance was soft on crime. He explained that police officers have the discretion as to strictness of enforcement. This gives them the opportunity to deal with the offense on a city level however if they see repeat offenders they can charge them with a crime, Alderman Besco stated that as a parent he understood the possibility of a lighter stance for first time offenders. He agreed that that the officers should have discretion. Alderman Werderich noted that he has run into situations where a LEED report is done and ordinance violations show up. If this is the case, the city is not doing anything to help first time offenders. Chief Martin explained that Yorkville does not report ordinance violations unless the matter goes to court. Lieutenant Hart added that if a suspect is finger-printed then the report goes to LEED. Alderman Allen stated he opposed the amendment and he was concerned it might backfire. He felt it may look like the city is soft on drugs. Motion approved by a roll call vote. Ayes-5 Nays-3 Munns-aye, Spears-aye, Plocher-aye, Werderich-nay, Golinski-nay, Besco-aye, Allen-nay, Sutcliff-aye Ordinance 2009-03 Amending the Code of Ordinances Regarding Retail Theft (Shoplifting) A motion was made by Alderman Spears to approve an ordinance amending the Code of Ordinances regarding retail theft (shoplifting) and authorize the Mayor and City Clerk to execute; seconded by Alderman Besco. Alderman Werderich stated that he had the same objections to this amendment as he did the previous ones. He commented that if an individual had multiple cases pending, they would not show up when a background check was performed. Alderman Sutcliff stated that this code amendment gives police the discretion to avoid giving someone a permanent record. Alderman Munns felt that as long as police enforce the law with professional shoplifters he supported the amendment. Alderman Besco stated that theft really bothered him and if someone steals they should pay the price. Motion approved by a roll call vote. Ayes-5 Nays-3 Spears-aye, Plocher-aye, Werderich-nay, Golinski-nay, Besco-nay, Allen-aye, Sutcliff-aye, Munns-aye The Minutes of the Regular Meeting of the City Council —January 13, 2009 — page 8 Ordinance Amending the Code of Ordinances Regarding Disorderly Conduct A motion was made by Alderman Spears to approve an ordinance amending the Code of Ordinances regarding disorderly conduct and authorize the Mayor and City Clerk to execute; seconded by Alderman Sutcliff. Alderman Spears noted that the Public Safety Committee had questions regarding Item h. They felt it was vague. Alderman Werderich commented that the ordinance was written exactly per the state statute. Motion defeated by a roll call vote. Ayes-4 Nays-4 Plocher-nay, Werderich-nay, Golinski-nay, Besco-nay, Allen-aye, Sutcliff-aye, Munns-aye, Spears-aye Ordinance Amending the Code of Ordinances Regarding Trespassing on Property A motion was made by Alderman Spears to approve an ordinance amending the Code of Ordinances regarding trespassing on property and authorize the Mayor and City Clerk to execute; seconded by Alderman Allen. Alderman Spears stated that the Public Safety Committee requested that this ordinance be re-written and it did not appear to have been done. A motion was made by Alderman Spears to table the ordinance to the Public Safety Committee meeting; seconded by Alderman Allen. Motion approved by a roll call vote. Ayes-6 Nays-2 Golinski-nay, Besco-aye, Allen-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-nay ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Leash Law Alderman Munns requested that Alderman Spears place the leash law on the Public Safety Committee agenda since new information has come forward. Alderman Spears agreed. Shop Yorkville Alderman Morris asked Alderman Golinski to place the "Shop Yorkville" idea on the Economic Development Committee agenda. Alderman Golinski agreed. Rush-Copley Alderman Manna stated that it was very important that the community show support for the Rush-Copley Emergency Center. He encouraged residents to participate in the public hearing for the center. Abandonment by Builders Alderman Plocher stated that there is a problem with builders abandoning stuff. He spoke with the City Administrator about this and he asked if the Public Works Committee could look into it. Alderman Werderich added that he had multiple complaints about this in his ward. Alderman Besco noted that developers have bonds posted. Alderman Werderich suggested a policy to address what can be taken out of the bonds. Alderman Besco agreed to place this on the Public Works Committee agenda. Aux Sable Creek Plan Alderman Allen stated that a meeting regarding the Aux Sable Creek Plan was scheduled for January 15, 2009 at the Old Courthouse. He encouraged people to attend. EXECUTIVE SESSION Mayor Pro Tern Werderich entertained a motion to go into Executive Session for the purpose of discussing: o For litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. • For the appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. • For the discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. The Minutes of the Re ular Meetine of the City Council — January 13 2009 — vage 9 So moved by Alderman Besco; seconded by Alderman Allen. Motion approved by a roll call vote. Ayes-7 Nays-1 Spears-aye, Sutcliff--aye, Werderich-aye, Besco-aye, Golinski-aye, Allen-aye, Munns-aye, Plocher-nay The City Council entered into Executive Session at 8:45 p.m. The City Council returned to the meeting at 9:38 p.m. MORE ADDITIONAL BUSINESS Resolution 2009-01 Allowing Deputy Clerk to Accept Election Petitions - Mayor Pro Tern Werderich noted that a resolution was needed for the Deputy Clerk to accept election petitions. He entertained a motion to approve this. So moved by Alderman Moons; seconded by Alderman Spears. Motion approved by a viva voce vote. ADJOURNMENT Mayor Pro Tem Werderich entertained a motion to adjourn the meeting. So moved by Alderman Allen; seconded by Alderman Besco. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:39 P.M. Minutes submitted by: Jacquelyn Milsehewski, City Clerk City of Yorkville, Illinois DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 12 : 02 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT AA000001 CARLO D . COLOSIMO 011909 01119109 01 ADMIN- 12 / 30/ 08 & 01 / 14 / 09 01 - 210 - 62 - 00 - 5443 02 / 10 / 09 375 . 00 ADMIN ADJUDICATION CONTRAC 02 ADMIN ADJUDICATION HEARINGS * * COMMENT * * INVOICE TOTAL : 375 . 00 VENDOR TOTAL : 375 . 00 AA000002 JULIE DARR 012209 01 / 22 / 09 01 POLICE - 01 / 07 / 09 & 01 / 21/ 09 01 - 210 - 62 - 00 - 5443 02 / 10 / 09 300 . 00 ADMIN ADJUDICATION CONTRAC 02 ADMIN ADJUDICATION HEARINGS * * COMMENT * * INVOICE TOTAL : 300 . 00 VENDOR TOTAL : 300 . 00 AACVB AURORA AREA CONVENTION 123108 - SUPER 01/ 20 / 09 01 FINANCE -DEC . SUPER 8 HOTEL TAX 01 - 120 - 65 - 00 - 5844 02 / 10 / 09 1 , 193 . 45 MARKETING - HOTEL TAX INVOICE TOTAL : 1 , 193 . 45 2008 - SUPER 01 / 22 / 09 01 FINANCE- 2008 SUNSET MOTEL 01 - 120 - 65 - 00 - 5844 02 / 10 / 09 176 . 04 MARKETING - HOTEL TAX 02 HOTEL TAX * * COMMENT * * INVOICE TOTAL : 176 . 04 VENDOR TOTAL : 1 , 369 . 49 AIRGAS AIRGAS NORTH CENTRAL 105625936 10 / 31 / 08 01 SEWER OP - ANNUAL LEASE RENEWAL 52 - 000 - 65 - 00 - 5805 02 / 10 / 09 62 . 99 SHOP SUPPLIES INVOICE TOTAL : 62 . 99 VENDOR TOTAL : 62 . 99 ARAMARK ARAMARK UNIFORM SERVICES �T t C G P1 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 2 TIME : 12 : 02 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ARA-MARK ARAMARK UNIFORM SERVICES 610 - 6465496 01/ 13 / 09 01 STREETS -UNIFORMS 01 - 410 - 62 - 00 - 5421 02 / 10 / 09 23 . 18 WEARING APPAREL 02 WATER OP- UNIFORMS 51 - 000 - 62 - 00 - 5421 23 . 17 WEARING APPAREL 03 SEWER OP - UNIFORMS 52 - 000 - 62 - 00 - 5421 23 . 17 WEARING APPAREL INVOICE TOTAL : 69 . 52 610 - 6470681 01 / 20 / 09 01 STREETS - UNIFORMS 01 - 410 - 62 - 00 - 5421 02 / 10 / 09 23 . 38 WEARING APPAREL 02 WATER OP -UNIFORMS 51 - 000 - 62 - 00 - 5421 23 . 39 WEARING APPAREL 03 SEWER OP -UNIFORMS 52 - 000 - 62 - 00 - 5421 23 . 39 WEARING APPAREL INVOICE TOTAL : 70 . 16 610 - 6475778 01/ 27 / 09 01 STREETS - UNIFORMS 01 - 410 - 62 - 00 - 5421 02 / 10 / 09 23 . 17 WEARING APPAREL 02 WATER OP -UNIFORMS 51 - 000 - 62 - 00 - 5421 23 . 17 WEARING APPAREL 03 SEWER OP -UNIFORMS 52 - 000 - 62 - 00 - 5421 23 . 18 WEARING APPAREL INVOICE TOTAL : 69 . 52 VENDOR TOTAL : 209 . 20 ARROLAB ARRO LABORATORY , INC . 40037 01 / 16 / 09 01 WATER OP - 3 COLIFORM 51 - 000 - 65 - 00 - 5822 02 / 10/ 09 30 . 00 WATER SAMPLES INVOICE TOTAL : 30 . 00 VENDOR TOTAL : 30 . 00 ATLAS ATLAS BOBCAT 3060226 01 / 13 / 09 01 STREETS - ROAD MAKING IMPLEMENT 01 - 410 - 62 - 00 - 5408 02 / 10 / 09 6 . 50 MAINTENANCE - EQUIPMENT P2 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 3 TIME : 12 : 02 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ATLAS ATLAS BOBCAT 3060226 01 / 13 / 09 02 PARTS * * COMMENT * * 02 / 10 / 09 INVOICE TOTAL : 6 . 50 B13809 01 / 13 / 09 01 SEWER OP- CUTTING EDGE 52 - 000 - 62 - 00 - 5408 02 / 10 / 09 45 . 28 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 45 . 28 VENDOR TOTAL : 51 . 78 ATT AT&T 630R061269 - 0109 01/ 16/ 09 01 ADMIN- CITY HALL FIRE 01 - 110 - 62 - 00 - 5436 02 / 10 / 09 35 . 30 TELEPHONE 02 POLICE - CITY HALL FIRE 01 - 210 - 62 - 00 - 5436 35 . 30 TELEPHONE INVOICE TOTAL : 70 . 60 630R262965 - 0109 01 / 16 / 09 01 ADMIN- CITY HALL NORTEL 01 - 110 - 62 - 00 - 5436 02 / 10 / 09 442 . 47 TELEPHONE 02 POLICE- CITY HALL NORTEL 01 - 210 - 62 - 00 - 5436 442 - 47 TELEPHONE 03 WATER OP- CITY HALL NORTEL 51 - 000 - 62 - 00 - 5436 442 . 48 TELEPHONE INVOICE TOTAL : 1 , 327 . 42 630Z990924 - 0109 01 / 16 / 09 01 POLICE -MONTHLY CHARGES 01 - 210 - 62 - 00 - 5436 02 / 10 / 09 241 . 78 TELEPHONE INVOICE TOTAL : 241 . 78 VENDOR TOTAL : 1 , 639 . 80 ATTINTER AT&T INTERNET SERVICES 842804266 - 0109 01/ 09 / 09 01 ADMIN- T . 1 SERVICE 01 - 110 - 62 - 00 - 5436 02 / 10 / 09 463 . 20 TELEPHONE INVOICE TOTAL : 463 . 20 VENDOR TOTAL : 463 . 20 P3 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 4 TIME : 12 : 02 : 30 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION - ACCOUNT # P . O . # DUE DATE ITEM AMT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ BANCAMER BANC OF AMERICA LEASING 010800769 01/ 20 / 09 01 FINANCE -LEASE FOR 4 COPIERS 01 - 120 - 62 - 00 - 5412 02 / 10 / 09 836 . 00 MAITENANCE- PHOTOCOPIERS 02 WATER 0- 1 COPIER LEASE 51 - 000 - 65 - 00 - 5809 99 . 00 PRINTING & COPYING INVOICE TOTAL : 935 . 00 VENDOR TOTAL : 935 . 00 BCBS BLUE CROSS BLUE SHIELD 010809 01 / 08 / 09 01 FINANCE - FEB . HEALTH INSURANCE 01 - 120 - 50 - 00 - 5203 02 / 10/ 09 85 , 472 . 56 BENEFITS - HEALTH INSURANCE 02 FINANCE - FEB . DENTAL INSURANCE 01 - 120 - 50 - 00 - 5205 6 , 569 . 44 BENEFITS - DENTAL/ VISION A INVOICE TOTAL : 92 , 042 . 00 VENDOR TOTAL : 92 , 042 . 00 BNYCORP THE BANK OF NEW YORK 1366877 01 / 06 / 09 01 FINANCE-ADMINISTRATIVE FEE 01 - 120 - 62 - 00 - 5401 02 / 10 / 09 374 . 50 CONTRACTUAL SERVICES INVOICE TOTAL : 374 . 50 1366879 01 / 06/ 09 01 FINANCE-ADMINISTRATIVE FEE 01 - 120 - 62 - 00 - 5401 02 / 10 / 09 374 . 50 CONTRACTUAL SERVICES INVOICE TOTAL : 374 . 50 1366882 01/ 06 / 09 O1 FINANCE -ADMINISTRATIVE FEE 01 - 120 - 62 - 00 - 5401 02 / 10 / 09 374 . 50 CONTRACTUAL SERVICES INVOICE TOTAL : 374 . 50 1367108 01106109 01 FINANCE -ADMINISTRATIVE FEE 01 - 120 - 62 - 00 - 5401 02 / 10 / 09 214 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 214 . 00 VENDOR TOTAL : 1 , 337 . 50 P4 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 5 TIME : 12 : 02 : 30 DETAIL BOARD REPORT ID : AP441000 - WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . DUE DATE ITEM AMT # - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BPAMOCO BP AMOCO OIL COMPANY 16239709 01 /24 / 09 01 POLICE -GASOLINE 01 - 210 - 65 - 00 - 5812 02 / 10 / 09 4 , 925 . 49 GASOLINE INVOICE TOTAL : 4 , 925 . 49 16239710 01 / 24 / 09 01 STREETS - GASOLINE 01 - 410 - 65 - 00 - 5812 00204244 02 / 10 / 09 271 - 98 GASOLINE 02 WATER OP - GASOLINE 51 - 000 - 65 - 00 - 5812 271 . 98 GASOLINE 03 SEWER OP - GASOLINE 52 - 000 - 65 - 00 - 5812 271 . 98 GASOLINE INVOICE TOTAL : 815 . 94 VENDOR TOTAL : 5 , 741 . 43 BRENNTAG BRENNTAG MID- SOUTH , INC . BMS597008 01 / 07 / 09 01 WATER OP - CHEMICALS 51 - 000 - 62 - 00 - 5407 02 / 10 / 09 875 . 85 TREATMENT FACILITIES O&M INVOICE TOTAL : 675 . 85 BMS741324 01 / 09 / 09 01 WATER OP -DRUM RETURN CREDIT 51 - 000 - 62 - 00 - 5407 02 / 10 / 09 - 450 . 00 TREATMENT FACILITIES O&M INVOICE TOTAL : - 450 . 00 VENDOR TOTAL : 425 . 85 CARGILL CARGILL , INC 2425077 01 / 13 / 09 01 WATER OP -BULK SALT 51 - 000 - 62 - 00 - 5407 00204009 02 / 10 / 09 2 , 596 . 20 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 596 . 20 VENDOR TOTAL : 2 , 596 . 20 CDWG CDW GOVERNMENT INC - 52 - 000 - 75 - 00 - 7002 02 / 10 / 09 87 . 41 MVJ3890 01 / 06 / 09 01 SEWER OP - FUSER COMPUTER EQUIP & SOFTWARE INVOICE TOTAL : 87 . 41 P5 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 6 TIME : 12 : 02 : 31 DETAIL BOARD REPORT ID : AP441000 - WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT CDWG CDW GOVERNMENT INC . MVX3323 01 / 08 / 09 01 SEWER OP - TAPES 52 - 000 - 75 - 00 - 7002 02 / 10 / 09 47 . 74 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL : 47 - 74 VENDOR TOTAL : 135 . 15 COMED COMMONWEALTH EDISON 6963019021 - 0109 01 / 20 / 09 01 STREETS - LIGHTS 01 - 410 - 62 - 00 - 5435 02 / 10 / 09 45 - 69 ELECTRICITY INVOICE TOTAL : 45 . 69 7090039005 - 0109 01 / 12/ 09 01 STREETS - LIGHTS 01 - 410 - 62 - 00 - 5435 02 / 10 / 09 20 . 13 ELECTRICITY INVOICE TOTAL : 20 . 13 83440 - 10026 - 0109 01 / 24 / 09 01 STREETS - LIGHTS 01 - 410 - 62 - 00 - 5435 02 / 10 / 09 5 , 877 . 08 ELECTRICITY INVOICE TOTAL : 5 , 877 . 08 VENDOR TOTAL : 5 , 942 - 90 DEPO DEPO COURT REPORTING SVC , INC 13820 01 / 19 / 09 01 POLICE - 01/ 14 / 09 ADMIN 01 - 210 - 62 - 00 - 5443 02 / 10 / 09 175 . 00 ADMIN ADJUDICATION CONTRAC 02 ADJUDICATION HEARING * * COMMENT * * INVOICE TOTAL : 175 . 00 VENDOR TOTAL : 175 - 00 DUTEK DU - TEK , INC . 641223 01 / 12 / 09 01 STREETS - HOSE ASSORTMENT 01 - 410 - 62 - 00 - 5408 02 / 09 / 09 169 . 50 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 169 . 50 641236 01 / 13 / 09 01 STREETS -ADAPTERS 01 - 410 - 62 - 00 - 5408 02 / 10 / 09 22 20 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 22 - 20 VENDOR TOTAL : 191 . 70 P6 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 7 TIME : 12 : 02 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT EBC EMPLOYEE BENEFITS CORPORATION 341804 01 / 15 / 09 01 FINANCE - FEB . SERVICE FEES 01 - 120 - 72 - 00 - 6501 02 / 10 / 09 125 . 00 SOCIAL SECURITY & MEDICARE INVOICE TOTAL : 125 . 00 VENDOR TOTAL : 125 . 00 EEI ENGINEERING ENTERPRISES , INC . 45060 11 / 18 / 08 01 MFT - CONTRACT F . 7 - FOX ROAD 15 - 000 - 75 - 00 - 7120 02 / 10 / 09 1 , 650 . 00 FOX ROAD 02 RESURFACING * * COMMENT * * INVOICE TOTAL : 1 , 650 . 00 45484 01 / 19 / 09 01 ARO- BRISTOL BAY 01 - 000 - 13 - 00 - 1372 02 / 10 / 09 3 , 721 . 50 A/R- OTHER INVOICE TOTAL : 3 , 721 . 50 45485 01/ 19/ 09 01 ARO- THEIDEL PROPERTY 01 - 000 - 13 - 00 - 1372 02 / 10 / 09 492 . 00 A/R- OTHER INVOICE TOTAL : 492 . 00 45486 01 / 19 / 09 01 ARO - PRESTWICK O1 - 000 - 13 - 00 - 1372 02 / 10 / 09 300 . 00 A/R- OTHER INVOICE TOTAL : 300 . 00 45487 01/ 19/ 09 01 ARO- RUSH COPLEY 01 - 000 - 13 - 00 - 1372 02 / 10 / 09 306 . 00 A/R- OTHER INVOICE TOTAL : 306 . 00 45488 01/ 19 / 09 01 ARC -WYNSTONE TOWNHOMES 01 - 000 - 13 - 00 - 1372 02 / 10 / 09 1 , 506 . 00 A/R- OTHER INVOICE TOTAL : 1 , 506 . 00 45489 01 / 19 / 09 01 ENG- CONTRACT H . 1 - TOWER LANE 51 - 000 - 62 - 00 - 5422 02 / 10 / 09 3 , 288 . 75 WATER TOWER PAINTING P7 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 8 TIME : 12 : 02 : 31 DETAIL BOARD REPORT ID : AP441000 - WOW INVOICES DUE ON/ BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT EEI ENGINEERING ENTERPRISES , INC . 45489 01/ 19 / 09 02 EXST REHABILITATION * * COMMENT * * 02 / 10 / 09 INVOICE TOTAL : 3 , 288 . 75 VENDOR TOTAL : 11 , 264 . 25 EJEQUIP EJ EQUIPMENT 0031229 01 / 02 / 09 01 SEWER OP - SWIVEL JOINT 52 - 000 - 62 - 00 - 5408 02 / 10 / 09 212 . 83 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 212 . 83 VENDOR TOTAL : 212 . 83 EXELON EXELON ENERGY 1509975 01 / 26 / 09 01 WATER OP- 2702 MILL RD 51 - 000 - 62 - 00 - 5435 02 / 10 / 09 5 , 881 . 90 ELECTRICITY INVOICE TOTAL : 5 , 881 . 90 VENDOR TOTAL : 5 , 881 . 90 FIRST FIRST PLACE RENTAL 181340 01 / 26/ 09 01 WATER OP - MARKING PAINT 51 - 000 - 65 - 00 - 5804 02 / 10 / 09 36 . 48 OPERATING SUPPLIES INVOICE TOTAL : 36 . 48 VENDOR TOTAL : 36 . 48 GALLS GALL ' S INC . 5960480600014 01 / 21 / 09 01 POLICE - 18 VESTS 01 - 210 - 62 - 00 - 5421 02 / 10 / 09 401 . 81 WEARING APPAREL INVOICE TOTAL : 401 . 81 VENDOR TOTAL : 401 . 81 GJOVIKFD GJOVIK FORD-MERCURY , INC . 236949 01 /26 / 09 01 POLICE - REPAIRED SHORT IN 01 - 210 - 62 - 00 - 5409 02 / 10 / 09 246 . 64 MAINTENANCE - VEHICLES P8 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 9 TIME : 12 : 02 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT GJOVIKFD GJOVIK FORD-MERCURY , INC . 236949 01 / 26 / 09 02 CIRCUIT * * COMMENT * * 02 / 10 / 09 INVOICE TOTAL : 246 . 64 VENDOR TOTAL : 246 . 64 GOLDSMIR RYAN GOLDSMITH 011509 01 / 15 / 09 01 POLICE -BREATH ALCOHOL TRAINING 01 - 210 - 64 - 00 - 5605 02 / 10 / 09 39 . 93 TRAVEL EXPENSES 02 MEAL REIMBURSEMENT * * COMMENT * * INVOICE TOTAL : 39 . 93 VENDOR TOTAL : 39 . 93 GRAINCO GRAINCO FS . , INC . 113008 11/ 30 / 08 01 SEWER OP- TIRES 52 - 000 - 62 - 00 - 5408 00204245 02 / 10 / 09 418 . 00 MAINTENANCE - EQUIPMENT 02 SEWER OP- FUEL 52 - 000 - 65 - 00 - 5812 108 . 28 GASOLINE INVOICE TOTAL : 526 . 28 123108 12 / 31 / 08 01 SEWER OP - FUEL 52 - 000 - 65 - 00 - 5812 00204245 02 / 10 / 09 54 . 34 GASOLINE 02 SEWER OP- TIRE REPAIR 52 - 000 - 62 - 00 - 5408 34 . 18 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 88 . 52 VENDOR TOTAL : 614 . 80 HARRIS HARRIS XT00001425 01 / 05 / 09 01 FINANCE - GENERAL LEGER AND BP 01 - 120 - 64 - 00 - 5605 02 / 10 / 09 86 . 58 TRAVEL/ MEALS / LODGING 02 TRAINING * * COMMENT * * INVOICE TOTAL : 86 . 58 VENDOR TOTAL : 86 . 56 P9 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 10 TIME : 12 : 02 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT HARTRICH HART , RICHARD 012609 01 / 26 / 09 01 POLICE - GASOLINE REIMBURSEMENT 01 - 210 - 65 - 00 - 5812 02 / 10 / 09 27 . 40 GASOLINE INVOICE TOTAL : 27 . 40 VENDOR TOTAL : 27 . 40 HDSUPPLY HD SUPPLY WATERWORKS , LTD . 8434588 01 / 07 / 09 01 WATER OP - METER , FLANGE KITS 51 - 000 - 75 - 00 - 7508 00204008 02 / 10 / 09 1 , 672 . 83 METERS & PARTS INVOICE TOTAL : 1 , 672 . 83 8434603 01106109 01 WATER OP - STRAINER 51 - 000 - 75 - 00 - 7508 00204008 02 / 10 / 09 351 . 68 METERS & PARTS INVOICE TOTAL : 351 . 68 VENDOR TOTAL : 2 , 024 . 51 HILTL HILT , LARRY 012309 01/ 23 / 09 01 POLICE- TRAINING MEAL O1 - 210 - 64 - 00 - 5605 02 / 10 / 09 29 - 93 TRAVEL EXPENSES 02 REIMBURSEMENT * * COMMENT * * INVOICE TOTAL : 29 . 93 VENDOR TOTAL : 29 . 93 HOMEDEPO HOME DEPOT 5050700 12 / 11 / 08 01 WATER OP - COUPLING 51 - 000 - 65 - 00 - 5804 02 / 10 / 09 10 . 49 OPERATING SUPPLIES INVOICE TOTAL : 10 . 49 51414 12 / 16 / 08 01 WATER OP-GLOVES , TORCH KIT 51 - 000 - 65 - 00 - 5804 02 / 10 / 09 35 . 41 OPERATING SUPPLIES INVOICE TOTAL : 35 . 41 VENDOR TOTAL : 45 . 90 P70 DATE : 02 / 03 / 09 UNITED CITY OF YOR%VILLE PAGE : 11 TIME : 12 : 02 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ICCI INTERNATIONAL CODES 20090114 01 / 17 / 09 01 ARC - SAC WIRELESS , COLLIER , CVS 01 - 000 - 13 - 00 - 1372 02 / 10 / 09 881 . 25 A/R- OTHER 02 PHARMACY , BURGRAFF * * COMMENT * * 03 COMM/DEV- CONTRACT COORDINATOR 01 - 220 - 62 - 00 - 5401 337 . 50 CONTRACTUAL SERVICES 04 SERVICES * * COMMENT * * INVOICE TOTAL : 1 , 218 . 75 20090120 01 /28 / 09 01 ADMIN- JANUARY PERMITS 01 - 110 - 61 - 00 - 5314 02 / 10 / 09 4 , 470 . 85 BUILDING INSPECTIONS INVOICE TOTAL : 4 , 470 . 85 VENDOR TOTAL : 5 , 689 . 60 ICE ICE MOUNTAIN 09A0118718238 01/ 13 / 09 01 ADMIN-WATER 01 - 110 - 65 - 00 - 5804 02 / 10 / 09 46 . 27 OPERATING SUPPLIES 02 FINANCE-WATER 01 - 120 - 65 - 00 - 5804 46 . 27 OPERATING SUPPLIES INVOICE TOTAL : 92 . 54 VENDOR TOTAL : 92 . 54 ILLCO ILLCO , INC . 1168484 01 / 22 / 09 01 STREETS - REPLACEMENT CARTRIDGE 01 - 410 - 62 - 00 - 5416 02 / 10 / 09 256 . 00 MAINTENANCE PROPERTY INVOICE TOTAL : 256 . 00 VENDOR TOTAL : 256 . 00 ILLEPA ILLINOIS ENVIRONMENTAL 4 - 010809 01 / 08 / 09 01 WATER OP- PRINCIPAL PAYMENT 51 - 200 - 66 - 00 - 6041 02 / 10 / 09 39 , 972 . 71 IEPA L17 - 156300 PRINCIPAL 02 WATER OP - INTEREST PAYMENT 51 - 200 - 66 - 00 - 6042 22 , 542 . 37 IEPA L17 - 156300 INTEREST P INVOICE TOTAL : 62 , 515 . 08 VENDOR TOTAL : 62 , 515 . 08 P17 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 12 TIME : 12 : 02 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ILSAWWA ILLINOIS SECTION AWWA 5704 01 / 27 / 09 01 WATER OP- 2 AWWA PROGRAMS 51 - 000 - 64 - 00 - 5604 00204010 02 / 10 / 09 380 . 00 TRAINING & CONFERENCES INVOICE TOTAL : 380 . 00 VENDOR TOTAL : 380 . 00 ITRON ITRON 86589 01/ 12 / 09 01 WATER OP - HARDWARE MAINTENANCE 51 - 000 - 75 - 00 - 7508 02 / 10/ 09 405 . 59 METERS & PARTS 02 FEE * * COMMENT * * INVOICE TOTAL : 405 . 59 VENDOR TOTAL : 405 . 59 JETCOLTD JETCO , LTD 012009 01 /20 / 09 01 WATER OP- TOWER LANE ELEVATED 51 - 000 - 62 - 00 - 5422 02 / 10 / 09 33 , 120 . 00 WATER TOWER PAINTING 02 WATER STORAGE TANK REHAB * * COMMENT * * INVOICE TOTAL : 33 , 120 . 00 VENDOR TOTAL : 33 , 120 . 00 JEWEL JEWEL 012009 - CITY 01 / 20 / 09 01 ADMIN- PAPER TOWEL , KLEENEX 01 - 110 - 65 - 00 - 5800 02 / 10 / 09 15 . 49 CONTINGENCIES INVOICE TOTAL : 15 . 49 012009 - PW 01 / 20 / 09 01 SEWER OP - SUGAR , CREAMER , 52 - 000 - 65 - 00 - 5805 02 / 10 / 09 45 . 44 SHOP SUPPLIES 02 COFFEE FILTERS , COFFEE * * COMMENT * * INVOICE TOTAL : 45 . 44 VENDOR TOTAL : 60 . 93 JUSTSAFE JUST SAFETY , LTD P12 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 13 TIME : 12 : 02 : 31 DETAIL BOARD REPORT ID : AP441000 - WOW INVOICES DUE ON/BEFORE 02 / 10/ 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT JUSTSAFE JUST SAFETY , LTD 8880 01 /21/ 09 01 ADMIN- FIRST AID SUPPLIES 01 - 110 - 65 - 00 - 5804 02 / 10 / 09 33 . 35 OPERATING SUPPLIES INVOICE TOTAL : 33 . 35 8885 01 /22 / 09 01 SEWER OP - FIRST AID SUPPLIES 52 - 000 - 65 - 00 - 5802 02 / 10 / 09 40 . 35 OFFICE SUPPLIES INVOICE TOTAL : 40 . 35 VENDOR TOTAL : 73 . 70 KENPRINT ANNETTE M . POWELL 16773 01 / 14 / 09 01 POLICE - 1 , 000 PAYROLL VOUCHERS , 01 - 210 - 65 - 00 - 5809 02 / 10 / 09 386 . 25 PRINTING & COPYING 02 1 , 000 TOW REPORTS * * COMMENT * * INVOICE TOTAL : 386 . 25 16783 01/ 16 / 09 01 POLICE - NOTARY STAMP 01 - 210 - 65 - 00 - 5804 02 / 10 / 09 44 . 95 OPERATING SUPPLIES INVOICE TOTAL : 44 . 95 16789 01/ 21 / 09 01 POLICE - 2 NOTARY STAMPS 01 - 210 - 65 - 00 - 5804 02 / 10 / 09 55 . 80 OPERATING SUPPLIES INVOICE TOTAL : 55 . 80 16803 01 / 27 / 09 01 POLICE -NOTARY STAMP 01 - 210 - 65 - 00 - 5604 02 / 10 / 09 27 . 90 OPERATING SUPPLIES INVOICE TOTAL : 27 . 90 VENDOR TOTAL : 514 . 90 KRITZBER SUSAN KRITZBERG 012609 01 / 26/ 09 01 ADMIN-REFUND OF OVERPAYMENT 01 - 000 - 00 - 00 - 1480 02 / 10 / 09 150 . 88 UNAPPLIED CASH 02 ON FINAL WATER BILL * * COMMENT * * INVOICE TOTAL : 150 . 88 VENDOR TOTAL : 150 . 86 P13 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 14 TIME : 12 : 02 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT LANEMUCH LANER , MUCHIN , DOMBROW , BECKER 323075A 10 / 01/ 08 01 ADMIN- TOOK DOUBLE CREDIT ON 01 - 110 - 61 - 00 - 5300 02 / 10 / 09 183 . 75 LEGAL SERVICES 02 ORIGINAL BILL * * COMMENT * * INVOICE TOTAL : 183 . 75 331300 01/ 01 / 09 01 ADMIN- SHIPPING EXPENSES 01 - 110 - 61 - 00 - 5300 02 / 10 / 09 32 . 81 LEGAL SERVICES INVOICE TOTAL : 32 . 81 VENDOR TOTAL : 216 . 56 LETN TWL KNOWLEDGE GROUP INC 012909 01 / 29 / 09 01 POLICE - 12 MONTH LETN 01 - 210 - 64 - 00 - 5604 00304395 02 / 10 / 09 1 , 540 . 00 TRAINING & CONFERENCE 02 SATELLITE SUBSCRIPTION * * COMMENT * * INVOICE TOTAL : 1 , 540 . 00 VENDOR TOTAL : 1 , 540 . 00 MARTINH MARTIN , HAROLD 012309 01 / 23 / 09 01 POLICE - CAB FARE REIMBURSEMENT 01 - 210 - 64 - 00 - 5605 02 / 10 / 09 20 . 00 TRAVEL EXPENSES INVOICE TOTAL : 20 . 00 VENDOR TOTAL : 20 . 00 MENLAND MENARDS - YORKVILLE 39899 06 / 16/ 08 01 SEWER OP - CONCRETE MIX 52 - 000 - 65 - 00 - 5805 02 / 10 / 09 3 . 27 SHOP SUPPLIES INVOICE TOTAL : 3 . 27 86617 01/ 20 / 09 01 WATER OP - PROPANE CYLINDER , 51 - 000 - 65 - 00 - 5804 02 / 10/ 09 3 . 80 OPERATING SUPPLIES 02 TEFLON TAPE * * COMMENT * * INVOICE TOTAL : 3 . 80 P14 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 15 TIME : 12 : 02 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 86689 01 / 20 / 09 01 SEWER OP - CAR WASH 52 - 000 - 65 - 00 - 5805 02 / 10 / 09 7 . 96 SHOP SUPPLIES INVOICE TOTAL : 7 . 96 86701 01 / 20/ 09 01 STREETS - LOCKNUTS 01 - 410 - 65 - 00 - 5804 02 / 10 / 09 1 . 70 OPERATING SUPPLIES INVOICE TOTAL : 1 . 70 86811 01 / 21/ 09 01 STREETS - THREADED COUPLER O1 - 410 - 65 - 00 - 5804 02 / 10 / 09 2 . 99 OPERATING SUPPLIES INVOICE TOTAL : 2 . 99 87043 01 / 22 / 09 01 STREETS - POLE BREAKER 01 - 410 - 62 - 00 - 5408 02 / 10 / 09 3 . 47 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 3 . 47 87183 01 / 23 / 09 01 WATER OP - BATTERIES 51 - 000 - 65 - 00 - 5804 02 / 10 / 09 10 . 50 OPERATING SUPPLIES INVOICE TOTAL : 10 . 50 87227 01/ 23 / 09 01 WATER OP- GARBAGE BAGS , TOILET 51 - 000 - 65 - 00 - 5804 02 / 10 / 09 20 . 88 OPERATING SUPPLIES 02 CLEANER * * COMMENT * * INVOICE TOTAL : 20 . 88 VENDOR TOTAL : 54 . 57 METLIFE METLIFE SMALL BUSINESS CENTER 012009 01 /20 / 09 01 FINANCE - FEB . LIFE INSURANCE 01 - 120 - 50 - 00 - 5204 02 / 10 / 09 2 , 556 . 76 BENEFITS - GROUP LIFE INSUR INVOICE TOTAL : 2 , 556 . 76 VENDOR TOTAL : 2 , 556 . 76 MIDAM MID AMERICAN WATER P15 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 16 TIME : 12 : 02 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MIDAM MID AMERICAN WATER 52907A 01 / 09 / 09 01 WATER OP- HYDRANT WRENCH 51 - 000 - 65 - 00 - 5804 02 / 10 / 09 103 . 20 OPERATING SUPPLIES INVOICE TOTAL : 103 . 20 VENDOR TOTAL : 103 . 20 MJELECT MJ ELECTRICAL SUPPLY , INC . 1104942 - 03 01 / 12 / 09 01 STREETS - PHOTOCONTROL 01 - 410 - 62 - 00 - 5415 02 / 10 / 09 13 . 95 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 13 . 95 1105610 - 01 01 / 09 / 09 01 STREETS - BALLAST KIT 01 - 410 - 62 - 00 - 5415 02 / 10 / 09 138 . 00 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 138 . 00 1105679 - 01 01/ 12 / 09 01 STREETS - PHOTOCONTROLS 01 - 410 - 62 - 00 - 5415 02 / 10 / 09 153 . 45 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 153 . 45 1105679 - 02 01/ 16/ 09 01 STREETS - PHOTOCONTROL 01 - 410 - 62 - 00 - 5415 02 / 10 / 09 13 . 95 MAINTENANCE- STREET LIGHTS INVOICE TOTAL : 13 . 95 1105679 - 03 01 /21 / 09 01 STREETS - BULB 01 - 410 - 62 - 00 - 5415 02 / 10 / 09 30 . 00 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 30 . 00 1105703 - 00 01 / 12 / 09 01 STREETS - WIRE , BULBS 01 - 410 - 62 - 00 - 5415 02 / 10 / 09 402 . 09 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 402 . 09 1105756 - 00 01 / 15 / 09 01 STREETS - BULBS 01 - 410 - 62 - 00 - 5416 02 / 10 / 09 79 - 70 MAINTENANCE PROPERTY INVOICE TOTAL : 79 . 70 P16 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 17 TIME : 12 : 02 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P - O . # DUE DATE ITEM AMT MJELECT MJ ELECTRICAL SUPPLY , INC . 1105758 - 01 01 / 16 / 09 01 STREETS - BULBS 01 - 410 - 62 - 00 - 5415 02 / 10 / 09 79 . 00 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 79 . 00 VENDOR TOTAL : 910 . 14 MONTRK MONROE TRUCK EQUIPMENT 275981 01 / 13 / 09 01 STREETS - CELENOID , TURN SIGNAL 01 - 410 - 62 - 00 - 5408 00204159 02 / 10 / 09 99 . 97 MAINTENANCE - EQUIPMENT 02 LIGHT , HARNESS COVER * * COMMENT * * INVOICE TOTAL : 99 . 97 277400 01/ 06/ 09 01 STREETS - JUNCTION BOX 01 - 410 - 62 - 00 - 5408 00204159 02 / 10/ 09 21 . 63 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 21 . 63 277793 01/ 13 / 09 01 STREETS -VALVE , CYLINDER , 01 - 410 - 62 - 00 - 5408 00204159 02 / 10 / 09 1 , 106 . 57 MAINTENANCE- EQUIPMENT 02 CUTTING EDGE * * COMMENT * * INVOICE TOTAL : 1 , 106 . 57 277795 01 /26 / 09 01 STREETS - CYLINDER , CUTTING EDGE 01 - 410 - 62 - 00 - 5408 00204159 02 / 10 / 09 476 . 22 MAINTENANCE - EQUIPMENT 02 LIGHT , COUPLER , SPRING KIT * * COMMENT * * INVOICE TOTAL : 476 . 22 277826 01/ 13 / 09 01 STREETS - PLOW MARKERS 01 - 410 - 62 - 00 - 5408 00204159 02 / 10 / 09 63 . 00 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 63 . 00 278349 01 / 26/ 09 01 STREETS - HYDRAULIC MOTOR , 01 - 410 - 62 - 00 - 5408 00204159 02 / 10 / 09 234 - 86 MAINTENANCE - EQUIPMENT 02 ADAPTER * * COMMENT * * INVOICE TOTAL : 234 . 86 VENDOR TOTAL : 2 , 002 . 25 P ? 7 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 18 TIME : 12 : 02 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MOONBEAM DIANE GIANNELLI OAKLEY 75 12 / 23 / 08 01 COMM/REATIONS -VIDEO TAPING 01 - 130 - 62 - 00 - 5401 02 / 10 / 09 50 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 50 . 00 76 01/ 14 / 09 01 COMM/RELATIONS - VIDEO TAPING 01 - 130 - 62 - 00 - 5401 02 / 10 / 09 50 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 50 . 00 VENDOR TOTAL : 100 . 00 MORTON MORTON SALT 758010 01108109 01 MFT - BULK SALT 15 - 000 - 65 - 00 - 5818 00204242 02 / 10 / 09 14 , 687 . 24 SALT INVOICE TOTAL : 14 , 687 . 24 759916 01 / 09 / 09 01 MFT - BULK SALT 15 - 000 - 65 - 00 - 5818 00204242 02 / 10 / 09 4 , 852 . 12 SALT INVOICE TOTAL : 4 , 852 . 12 759917 01 / 09 / 09 01 MFT - BULK SALT 15 - 000 - 65 - 00 - 5818 00204242 02 / 10 / 09 14 , 421 . 45 SALT INVOICE TOTAL : 14 , 421 . 45 763861 01 / 13 / 09 01 MFT- BULK SALT 15 - 000 - 65 - 00 - 5818 00204242 02 / 10 / 09 4 , 838 . 13 SALT INVOICE TOTAL : 4 , 838 . 13 765682 01 / 14 / 09 01 MFT- BULK SALT 15 - 000 - 65 - 00 - 5818 00204242 02 / 10 / 09 8 , 770 . 98 SALT INVOICE TOTAL : 8 , 770 . 98 770588 01 / 19 / 09 01 MFT - BULK SALT 15 - 000 - 65 - 00 - 5818 00204242 02 / 10 / 09 2 , 571 . 94 SALT INVOICE TOTAL : 2 , 571 . 94 P18 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 19 TIME : 12 : 02 : 31 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MORTON MORTON SALT 770589 01/ 19 / 09 01 MFT- BULK SALT 15 - 000 - 65 - 00 - 5818 00204242 02 / 10 / 09 7 , 336 . 13 SALT INVOICE TOTAL : 7 , 336 . 13 770590 01 / 19 / 09 01 MFT - BULK SALT 15 - 000 - 65 - 00 - 5818 00204242 02 / 10 / 09 11 , 775 . 57 SALT INVOICE TOTAL : 11 , 775 . 57 VENDOR TOTAL : 69 , 253 . 56 NASRO NASRO 011509 01/ 15/ 09 01 POLICE -ANNUAL MEMBERSHIP 01 - 210 - 64 - 00 - 5600 02 / 10 / 09 40 . 00 DUES 02 RENEWAL * * COMMENT * * INVOICE TOTAL : 40 . 00 VENDOR TOTAL : 40 . 00 NEMRT NORTH EAST MULTI - REGIONAL 116040 01 / 16/ 09 01 POLICE - BASIC SHOOTING SKILLS 01 - 210 - 64 - 00 - 5604 02 / 10 / 09 150 . 00 TRAINING & CONFERENCE 02 TRAINING * * COMMENT * * INVOICE TOTAL : 150 . 00 116209 01 / 16 / 09 01 POLICE - INTERVIEWS AND 01 - 210 - 64 - 00 - 5604 02 / 10 / 09 400 . 00 TRAINING & CONFERENCE 02 INTERROGATIONS TRAINING * * COMMENT * * INVOICE TOTAL : 400 . 00 VENDOR TOTAL : 550 . 00 NEXTEL NEXTEL COMMUNICATIONS 837900513 - 03 01 /23 / 09 01 ADMIN- MONTHLY CHARGES 01 - 110 - 62 - 00 - 5438 02 / 10 / 09 165 . 04 CELLULAR TELEPHONE P19 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 20 TIME : 12 : 02 : 32 DETAIL BOARD REPORT ID : AP441000 - WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NEXTEL NEXTEL COMMUNICATIONS 837900513 - 03 01 / 23 / 09 02 ADMIN- BUYBACK CREDIT 01 - 110 - 62 - 00 - 5438 02 / 10 / 09 - 14 . 13 CELLULAR TELEPHONE 03 COMM/DEV-MONTHLY CHARGES 01 - 220 - 62 - 00 - 5438 123 . 36 CELLULAR TELEPHONE 04 COMM/DEV - BUYBACK CREDIT 01 - 220 - 62 - 00 - 5438 - 9 . 42 CELLULAR TELEPHONE 05 COMM/RELATIONS - MONTHLY CHARGES 01 - 110 - 62 - 00 - 5438 41 . 68 CELLULAR TELEPHONE 06 COMM/RELATIONS -BUYBACK CREDIT 01 - 110 - 62 - 00 - 5438 - 4 . 71 CELLULAR TELEPHONE 07 ENG-MONTHLY CHARGES 01 - 150 - 62 - 00 - 5438 291 . 78 CELLULAR TELEPHONE 08 ENG- BUYBACK CREDIT 01 - 150 - 62 - 00 - 5438 - 32 - 97 CELLULAR TELEPHONE 09 FINANCE - MONTHLY CHARGES O1 - 120 - 62 - 00 - 5438 83 . 37 CELLULAR TELEPHONE 10 FINANCE - BUYBACK CREDIT 01 - 120 - 62 - 00 - 5438 - 9 - 42 CELLULAR TELEPHONE 11 POLICE- MONTHLY CHARGES 01 - 210 - 62 - 00 - 5438 1 , 462 . 22 CELLULAR TELEPHONE 12 POLICE- REPL . BLACKBERRY , 2 01 - 210 - 62 - 00 - 5438 349 - 97 CELLULAR TELEPHONE 13 REPL . I580S * * COMMENT * * 14 POLICE - BUYBACK CREDIT 01 - 210 - 62 - 00 - 5438 - 209 . 79 CELLULAR TELEPHONE 15 SEWER OP-MONTHLY CHARGES 52 - 000 - 62 - 00 - 5438 125 . 05 CELLULAR TELEPHONE 16 SEWER OP - BUYBACK CREDIT 52 - 000 - 62 - 00 - 5438 - 14 . 13 CELLULAR TELEPHONE 17 STREETS - MONTHLY CHARGES 01 - 410 - 62 - 00 - 5438 250 . 10 CELLULAR TELEPHONE 18 STREETS - BUYBACK CREDIT 01 - 410 - 62 - 00 - 5438 - 28 . 26 CELLULAR TELEPHONE 19 WATER OP - MONTHLY CHARGES 51 - 000 - 62 - 00 - 5438 333 - 47 CELLULAR TELEPHONE P20 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 21 TIME : 12 : 02 : 32 DETAIL BOARD REPORT ID : AP441000 - WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NEXTEL NEXTEL COMMUNICATIONS 837900513 - 03 01 / 23 / 09 20 WATER OP- BATTERY 51 - 000 - 62 - 00 - 5438 02 / 10 / 09 35 . 99 CELLULAR TELEPHONE 21 WATER OP- BUYBACK CREDIT 51 - 000 - 62 - 00 - 5438 - 37 - 68 CELLULAR TELEPHONE INVOICE TOTAL : 2 , 901 . 52 VENDOR TOTAL : 2 , 901 . 52 NICOR NICOR GAS 15 - 63 - 74 - 5733 2 - 0109 01 / 21 / 09 01 ADMIN- CENSUS MONTHLY CHARGES 01 - 110 - 62 - 00 - 5403 02 / 10 / 09 459 . 38 SPECIAL CENSUS INVOICE TOTAL : 459 . 38 VENDOR TOTAL : 459 . 38 OFFWORK OFFICE WORKS 150099I 01 / 16 / 09 01 ADMIN- INDEX CARDS , REGISTER 01 - 110 - 65 - 00 - 5802 02 / 10 / 09 26 . 89 OFFICE SUPPLIES 02 TAPE ROLLS * * COMMENT * * INVOICE TOTAL : 26 . 89 VENDOR TOTAL : 26 . 89 OLSONB BART OLSON 011609 01 / 16 / 09 01 ADMIN- STRATEGIC INFRASTRUCTURE 01 - 110 - 64 - 00 - 5605 02 / 10 / 09 8 . 60 TRAVEL/MEALS/LODGING 02 TASK FORCE MEETING TRAVEL * * COMMENT * * 03 REIMBURSEMENT * * COMMENT * * INVOICE TOTAL : 8 . 60 VENDOR TOTAL : 8 . 60 PATTEN PATTEN INDUSTRIES , INC . P53COI08101 01/ 17 / 09 01 WATER OP - ELEMENTS 51 - 000 - 62 - 00 - 5407 02 / 10 / 09 35 . 16 TREATMENT FACILITIES O&M INVOICE TOTAL : 35 . 16 P21 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 22 TIME : 12 : 02 : 32 DETAIL BOARD REPORT ID : AP441000 - WOW INVOICES DUE ON/BEFORE 02 / 10 /2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P - 0 . # DUE DATE ITEM AMT PATTEN PATTEN INDUSTRIES , INC . P53C0108163 01/23 / 09 01 WATER OP - ELEMENTS , FILTERS 51 - 000 - 62 - 00 - 5407 02 / 10 / 09 47 . 31 TREATMENT FACILITIES O&M INVOICE TOTAL : 47 . 31 PMG00158470 01 / 26 / 09 01 WATER OP - SERVICE GENERATOR 51 - 000 - 62 - 00 - 5408 00204011 02 / 10 / 09 3 , 200 . 74 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 3 , 200 . 74 PM600158475 01 / 26 / 09 01 WATER OP - REMOVE AND INSTALL 51 - 000 - 62 - 00 - 5408 02 / 10 / 09 327 . 97 MAINTENANCE - EQUIPMENT 02 ENGINE COOLANT HEATER * * COMMENT * * INVOICE TOTAL : 327 . 97 VENDOR TOTAL : 3 , 611 . 18 PFIZENMB BEHR PFIZENMAIER 011509 01 / 15 / 09 01 POLICE - BREATH ALCOHOL TRAINING 01 - 210 - 64 - 00 - 5605 02 / 10 / 09 39 . 91 TRAVEL EXPENSES 02 MEAL REIMBURSEMENT * * COMMENT * * INVOICE TOTAL : 39 . 91 VENDOR TOTAL : 39 . 91 PITBOW PITNEY BOWES 1970458 - JA09 01/ 13 / 09 01 ADMIN- OCT . - JAN . RENTAL 01 - 110 - 65 - 00 - 5808 02 / 10 / 09 700 . 00 POSTAGE & SHIPPING INVOICE TOTAL : 700 . 00 VENDOR TOTAL : 700 . 00 POULOSJ JORDON POULOS 01 / 16 / 09 01 / 16/ 09 01 POLICE - EVIDENCE TECHNICIAN 01 - 210 - 64 - 00 - 5605 02 / 10 / 09 53 . 38 TRAVEL EXPENSES 02 TRAINING MEAL REIMBURSEMENT * * COMMENT * * INVOICE TOTAL : 53 . 38 VENDOR TOTAL : 53 . 38 P22 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 23 TIME : 12 : 02 : 32 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 /2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PROBUILD PRO - BUILD 1516934 01/ 05/ 09 01 PW CAPITAL- WINDOW 21 - 000 - 75 - 00 - 7130 02 / 10 / 09 60 . 00 FACILITY EXPANSION INVOICE TOTAL : 60 . 00 VENDOR TOTAL : 60 . 00 PRODCHEM PRODUCERS CHEMICAL COMPANY 138144 01 / 09/ 08 01 SEWER OP- CHEMICALS 52 - 000 - 62 - 00 - 5422 02 / 10 / 09 711 . 40 LIFT STATION MAINTENANCE INVOICE TOTAL : 711 . 40 VENDOR TOTAL : 711 . 40 QUILL QUILL CORPORATION 3785339 01/ 08 / 09 01 FINANCE - ENVELOPES 01 - 120 - 65 - 00 - 5802 02 / 10 / 09 32 . 64 OFFICE SUPPLIES INVOICE TOTAL : 32 . 64 3887443 01 / 13 / 09 01 FINANCE - WINDOW ENVELOPES 01 - 120 - 65 - 00 - 5802 02 / 10 / 09 36 . 15 OFFICE SUPPLIES INVOICE TOTAL : 36 . 15 3951277 01 / 14 / 09 01 CORRECTION TAPE 01 - 110 - 65 - 00 - 5802 02 / 10/ 09 7 . 00 OFFICE SUPPLIES INVOICE TOTAL : 7 . 00 4012815 01116109 01 FINANCE- POST IT FLAGS 01 - 120 - 65 - 00 - 5802 02 / 10 / 09 12 . 59 OFFICE SUPPLIES INVOICE TOTAL : 12 . 59 520262 01 / 13 / 09 01 FINANCE - RETURNED ENVELOPES 01 - 120 - 65 - 00 - 5802 02 / 10 / 09 - 32 . 64 OFFICE SUPPLIES INVOICE TOTAL : - 32 . 64 VENDOR TOTAL : 55 . 74 ?23 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 24 TIME : 12 : 02 : 32 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT R0000617 MAUREEN MILLIGAN 010709 01 / 07 / 09 01 ADMIN - MILEAGE REIMBURSEMENT 01 - 110 - 62 - 00 - 5402 02 / 10 / 09 76 . 05 SPECIAL CENSUS MILEAGE INVOICE TOTAL : 76 . 05 VENDOR TOTAL : 76 . 05 R0000620 JAMES PILGRIM 010709 01 / 07 / 09 01 ADMIN-MILEAGE REIMBURSEMENT 01 - 110 - 62 - 00 - 5402 02 / 10 / 09 16 . 38 SPECIAL CENSUS MILEAGE INVOICE TOTAL : 16 . 38 VENDOR TOTAL : 16 . 38 R0000627 GEORGE STARE 010709 01 / 27 / 09 01 ADMIN-MILEAGE REIMBURSEMENT 01 - 110 - 62 - 00 - 5402 02 / 10 / 09 59 . 67 SPECIAL CENSUS MILEAGE INVOICE TOTAL : 59 . 67 VENDOR TOTAL : 59 . 67 R0000632 STEPHENIE TODD 010709 01 / 07 / 09 01 ADMIN-MILEAGE REIMBURSEMENT 01 - 110 - 62 - 00 - 5402 02 / 10 / 09 59 . 67 SPECIAL CENSUS MILEAGE INVOICE TOTAL : 59 . 67 VENDOR TOTAL : 59 . 67 R0000650 KRISTIE MCFADGEN 012709 01 / 27 / 09 01 ADMIN- REFUND OF OVERPAYMENT ON 01 - 000 - 00 - 00 - 1480 02 / 10 / 09 239 . 36 UNAPPLIED CASH 02 FINAL WATER BILL * * COMMENT * * INVOICE TOTAL : 239 . 36 VENDOR TOTAL : 239 . 36 R0000651 MICHAEL KEANE P24 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 25 TIME : 12 : 02 : 32 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R0000651 MICHAEL KEANE 120508 12 / 05/ 08 01 COMM/RELATIONS - CUSTODIAL 01 - 130 - 78 - 00 - 9013 02 / 10 / 09 225 . 00 HOLIDAY UNDER THE STARS 02 SERVICES * * COMMENT * * INVOICE TOTAL : 225 . 00 VENDOR TOTAL : 225 . 00 R0000652 VIRGINIA DELTON 011809 01/ 29/ 09 01 ADMIN- BEECHER DEPOSIT REFUND 01 - 000 - 21 - 00 - 2110 02 / 10 / 09 100 . 00 DEPOSITS PAYABLE INVOICE TOTAL : 100 . 00 VENDOR TOTAL : 100 . 00 RJONEIL R . J . O ' NEIL , INC . 2959 - 45432 01 / 21 / 09 01 WATER OP - RPZ TEST & INSPECTION 51 - 000 - 62 - 00 - 5407 02 / 10 / 09 480 . 00 TREATMENT FACILITIES O&M INVOICE TOTAL : 480 . 00 VENDOR TOTAL : 480 . 00 SACWIRE SAC WIRELESS 012209 01/ 22 / 09 01 ADMIN- REFUND OF SPECIAL USE 01 - 000 - 42 - 00 - 4205 02 / 10 / 09 250 . 00 FILING FEES 02 FEES PAID DUE TO THE FILING OF * * COMMENT * * 03 A NON- RESIDENTIAL SITE * * COMMENT * * 04 APPLICATION * * COMMENT * * INVOICE TOTAL : 250 . 00 VENDOR TOTAL : 250 . 00 SCHRADER SCHRADER , CHARLES H . & ASSOC . 0109 01 /27/ 09 01 ADMIN - JAN . THRU MARCH FEES 01 - 110 - 62 - 00 - 5401 02 / 10/ 09 3 , 500 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 3 , 500 . 00 VENDOR TOTAL : 3 , 500 . 00 P25 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 26 TIME : 12 : 02 : 32 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT SECBLDR SECURITY BUILDERS SUPPLY CO 206810 01 / 13 / 09 01 STREETS - DOOR SWEEPS 01 - 410 - 62 - 00 - 5416 02 / 10 / 09 18 . 00 MAINTENANCE PROPERTY INVOICE TOTAL : 18 . 00 VENDOR TOTAL : 18 . 00 SERVMASC SERVICEMASTER COMM . CLEANING 141066 01 / 15 / 09 01 ADMIN- MONTHLY OFFICE CLEANING 01 - 110 - 62 - 00 - 5406 02 / 10 / 09 625 . 00 OFFICE CLEANING INVOICE TOTAL : 625 . 00 141067 01 / 15 / 09 01 STREETS - MONTHLY CLEANING 01 - 410 - 62 - 00 - 5401 02 / 10 / 09 131 . 67 CONTRACTUAL SERVICES 02 WATER OP -MONTHLY CLEANING 51 - 000 - 62 - 00 - 5401 131 . 67 CONTRACTUAL SERVICES 03 SEWER OP -MONTHLY CLEANING 52 - 000 - 62 - 00 - 5401 131 . 66 CONTRACTUAL SERVICES INVOICE TOTAL : 395 . 00 141102 01 / 17 / 09 01 ADMIN- 01 / 06 / 09 - 01/ 15/ 09 01 - 110 - 62 - 00 - 5406 02 / 10 / 09 330 . 00 OFFICE CLEANING 02 OFFICE CLEANING * * COMMENT * * INVOICE TOTAL : 330 . 00 VENDOR TOTAL : 1 , 350 . 00 SHELL SHELL OIL CO . 065159923901 01 / 05/ 09 01 STREETS - GASOLINE 01 - 410 - 65 - 00 - 5812 00204243 02 / 10 / 09 695 . 85 GASOLINE 02 WATER OP - GASOLINE 51 - 000 - 65 - 00 - 5812 695 . 85 GASOLINE 03 SEWER OP - GASOLINE 52 - 000 - 65 - 00 - 5812 695 . 86 GASOLINE INVOICE TOTAL : 2 , 087 . 56 P26 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 27 TIME : 12 : 02 : 32 DETAIL BOARD REPORT ID : AP441000 - WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SHELL SHELL OIL CO . 065356230901 01/ 12 / 09 01 POLICE - GASOLINE 01 - 210 - 65 - 00 - 5812 02 / 10 / 09 70 . 87 GASOLINE INVOICE TOTAL : 70 . 87 VENDOR TOTAL : 2 , 158 . 43 SPIESG GLORY SPIES 012709 01 / 27/ 09 01 COM/RELATIONS -MAILING LABELS 01 - 130 - 65 - 00 - 5802 02 / 10 / 09 125 . 45 OFFICE SUPPLIES INVOICE TOTAL : 125 . 45 VENDOR TOTAL : 125 . 45 STILLS STILLS & SON INC . 2383 01 /23 / 09 01 WATER OP- INSPECTION OF FOUR 51 - 000 - 62 - 00 - 5409 02 / 10 / 09 960 . 55 MAINTENANCE- VEHICLES 02 WHEEL DRIVE AND REBUILT DRIVE * * COMMENT * * 03 SHAFT * * COMMENT * * INVOICE TOTAL : 960 . 55 VENDOR TOTAL : 960 . 55 STREICH STREICHERS 1588339 01/ 15/ 09 01 POLICE - SHOES , BOOTS 01 - 210 - 62 - 00 - 5421 02 / 10 / 09 226 . 00 WEARING APPAREL INVOICE TOTAL : 226 . 00 VENDOR TOTAL : 226 . 00 TABOO TAPCO 310738 01 / 12 / 09 01 MFT - 15 GALLONS OF PAINT 15 - 000 - 75 - 00 - 7008 02 / 10 / 09 175 . 50 CRACK FILLING INVOICE TOTAL : 175 . 50 VENDOR TOTAL : 175 . 50 P27 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 28 TIME 12 : 02 : 32 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT TARGET TARGET BANK 011809 01 / 18 / 09 01 ADMIN- 2 HUMIDIFIERS , NAPKINS 01 - 110 - 65 - 00 - 5804 02 / 10 / 09 86 . 97 OPERATING SUPPLIES 02 ADMIN- RETURNED 1 HUMIDIFIER 01 - 110 - 65 - 00 - 5804 - 41 . 99 OPERATING SUPPLIES INVOICE TOTAL : 44 . 98 VENDOR TOTAL : 44 . 98 TRAFFIC TRAFFIC CONTROL CORPORATION 0000035497 01 / 12 / 09 01 STREETS - PLASTIC BEZEL , PLUNGER 01 - 410 - 62 - 00 - 5414 02 / 10 / 09 75 . 00 MAINTENANCE- TRAFFIC SIGNAL INVOICE TOTAL : 75 . 00 0000035500 01 / 12 / 09 01 STREETS - BUTTON ADAPTER RING 01 - 410 - 62 - 00 - 5414 02 / 10 / 09 12 . 00 MAINTENANCE - TRAFFIC SIGNAL INVOICE TOTAL : 12 . 00 VENDOR TOTAL : 87 . 00 TUFFY TUFFY AUTO SERVICE CENTER 9133 01/ 26 / 09 01 POLICE - OIL CHANGE 01 - 210 - 62 - 00 - 5409 02 / 10 / 09 25 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 25 . 95 VENDOR TOTAL : 25 . 95 UPS UNITED PARCEL SERVICE 00004296X2029 01 / 10 / 09 01 FINANCE - 1 PACKAGE 01 - 120 - 65 - 00 - 5808 02 / 10 / 09 6 . 96 POSTAGE & SHIPPING 02 WATER OP - 3 PACKAGES 51 - 000 - 65 - 00 - 5808 84 . 44 POSTAGE & SHIPPING 03 ADMIN- 2 PACKAGES 01 - 110 - 65 - 00 - 5808 62 . 23 POSTAGE & SHIPPING INVOICE TOTAL : 153 . 63 P28 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 29 TIME : 12 : 02 : 32 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT UPS UNITED PARCEL SERVICE 00004296X2039 01 / 17 / 09 01 FINANCE - 1 PACKAGE 01 - 120 - 65 - 00 - 5808 02 / 10 / 09 18 . 21 POSTAGE & SHIPPING 02 ADMIN- 1 PACKAGE 01 - 110 - 65 - 00 - 5808 22 . 03 POSTAGE & SHIPPING 03 WATER OP - 1 PACKAGE 51 - 000 - 65 - 00 - 5808 24 . 94 POSTAGE & SHIPPING 04 COMM/RELATIONS - 1 PACKAGE 01 - 130 - 65 - 00 - 5808 21 - 22 POSTAGE & SHIPPING INVOICE TOTAL : 86 . 40 VENDOR TOTAL : 240 . 03 VISA VISA 012309 - CITY 01 / 23 / 09 01 ADMIN- REFRIGERATOR WATER 01 - 110 - 65 - 00 - 5804 02 / 10/ 09 54 . 08 OPERATING SUPPLIES 02 FILTER , NOTARY STAMPER * * COMMENT * * 03 ENG- ILLINOIS GIB ANNUAL DUES 01 - 150 - 64 - 00 - 5600 50 . 00 DUES 04 FINANCE - WEBSITE CHARGES 01 - 120 - 75 - 00 - 7002 375 . 72 COMPUTER EQUIP & SOFTWARE 05 COMM/DEV- PLANNING THE URBAN 01 - 220 - 65 - 00 - 5814 73 . 40 BOOKS & MAPS 06 FOREST MATERIAL * * COMMENT * * INVOICE TOTAL : 553 . 20 VENDOR TOTAL : 553 . 20 VISUIMPA VISUAL IMPACT PRODUCTS LLC 63268 01 /21 / 09 01 POLICE - 40 BREAKAWAY VESTS 01 - 210 - 62 - 00 - 5421 00304392 02 / 10 / 09 1 , 480 . 41 WEARING APPAREL INVOICE TOTAL : 1 , 480 . 41 VENDOR TOTAL : 1 , 480 . 41 VSP VISION SERVICE PLAN P28 DATE : 02 / 03 / 09 UNITED CITY OF YORXVILLE PAGE : 30 TIME : 12 : 02 : 32 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT VSP VISION SERVICE PLAN 012009 01 / 20/ 09 01 FINANCE - FEB . VISION 01 - 120 - 50 - 00 - 5205 02 / 10 / 09 8 . 97 BENEFITS - DENTAL/ VISION A INVOICE TOTAL : 8 . 97 VENDOR TOTAL : 8 . 97 WAREHOUS WAREHOUSE DIRECT 216980 - 0 01/ 20 / 09 01 TOWELS 01 - 110 - 65 - 00 - 5804 02 / 10 / 09 20 . 81 OPERATING SUPPLIES INVOICE TOTAL : 20 . 81 VENDOR TOTAL : 20 . 81 WHOLTIRE WHOLESALE TIRE 127556 01 / 15 / 09 01 POLICE -TIRE REPAIRS 01 - 210 - 62 - 00 - 5409 02 / 10 / 09 30 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 30 . 00 127564 01/ 16 / 09 01 POLICE - R & R SWITCH 01 - 210 - 62 - 00 - 5409 02 / 10 / 09 197 . 76 MAINTENANCE - VEHICLES INVOICE TOTAL : 197 . 76 127589 01 / 17 / 09 01 POLICE - TIRE REPAIR 01 - 210 - 62 - 00 - 5409 02 / 10 / 09 15 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 15 . 00 127649 01 /21 / 09 01 POLICE - OIL CHANGE 01 - 210 - 62 - 00 - 5409 02 / 10 / 09 29 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 29 . 95 VENDOR TOTAL : 272 - 71 WOLFCOMP WOLF & COMPANY 72983 01 / 22 / 08 01 FINANCE - REVIEW INTERFUND STUDY 01 - 120 - 61 - 00 - 5304 02 / 10/ 09 7 , 480 . 00 AUDIT FEES & EXPENSES P30 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 31 TIME : 12 : 02 : 32 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 / 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P - O - # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WOLFCOMP WOLF & COMPANY 72983 01/ 22 / 08 02 ACTIVITY , CAPITAL ASSET * * COMMENT * * 02 / 10 / 09 03 SCHEDULES , AUDIT REVIEW & * * COMMENT * * 04 RECORDING * * COMMENT * * INVOICE TOTAL : 7 , 480 . 00 VENDOR TOTAL : 7 , 480 . 00 WTRPRD WATER PRODUCTS , INC . 0212986 01/ 07 / 09 01 WATER OP- BAND REPAIR CLAMPS 51 - 000 - 65 - 00 - 5804 02 / 10/ 09 886 . 77 OPERATING SUPPLIES INVOICE TOTAL : 886 . 77 VENDOR TOTAL : 886 . 77 YORKACE YORKVILLE ACE & RADIO SHACK 123788 01/ 13 / 09 01 SEWER OP - BATTERIES 52 - 000 - 65 - 00 - 5802 02 / 10 / 09 28 . 98 OFFICE SUPPLIES INVOICE TOTAL : 28 . 98 123924 01 / 21/ 09 01 STREETS -WATER 01 - 410 - 65 - 00 - 5804 02 / 10 / 09 4 . 98 OPERATING SUPPLIES INVOICE TOTAL : 4 . 98 124011 01 / 26 / 09 01 STREETS - HARDWARE 01 - 410 - 65 - 00 - 5804 02 / 10 / 09 1 . 20 OPERATING SUPPLIES INVOICE TOTAL : 1 . 20 VENDOR TOTAL : 35 . 16 YORKAREA YORKVILLE AREA CHAMBER OF 24058 01/ 20 / 09 01 ADMIN- S DINNER ATTENDEES 01 - 110 - 64 - 00 - 5605 02 / 10 / 09 400 . 00 TRAVEL/MEALS/LODGING INVOICE TOTAL : 400 . 00 VENDOR TOTAL : 400 . 00 P31 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 32 TIME : 12 : 02 : 32 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10 /2009 , INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - YORKNAPA YORKVILLE NAPA AUTO PARTS 863394 01 / 07 / 09 01 POLICE - WINDSHIELD DI - ICER 01 - 210 - 62 - 00 - 5409 02 / 10/ 09 25 . 14 MAINTENANCE - VEHICLES INVOICE TOTAL : 25 . 14 864872 01119109 01 POLICE-WIPER BLADES 01 - 210 - 62 - 00 - 5409 02 / 10 / 09 17 . 20 MAINTENANCE - VEHICLES INVOICE TOTAL : 17 . 20 VENDOR TOTAL : 42 . 34 YORKPDPC YORKVILLE POLICE DEPT . 012709 01 /27 / 09 01 POLICE -NOTARY CERTIFICATION , 01 - 210 - 65 - 00 - 5804 02 / 10/ 09 75 . 00 OPERATING SUPPLIES 02 SEIZED VEHICLE MONEY ORDER * * COMMENT * * INVOICE TOTAL : 75 . 00 VENDOR TOTAL : 75 . 00 YORKPOST YORKVILLE POSTMASTER 012009 01 /20 / 09 01 WATER OP- FEB . 28 UTILITY 51 - 000 - 65 - 00 - 5808 02 / 10 / 09 2 , 500 . 00 POSTAGE & SHIPPING 02 BILLING POSTAGE * * COMMENT * * INVOICE TOTAL : 2 , 500 . 00 VENDOR TOTAL : 2 , 500 . 00 YORKPR YORKVILLE PARK & RECREATION 022809 - TRANSFER 12 / 18 / 08 01 FINANCE - FEB . TRANSFER 01 - 120 - 99 - 00 - 9940 02 / 10 / 09 68 , 589 . 26 TRANSFER TO PARK & RECREAT INVOICE TOTAL : 68 , 589 . 26 VENDOR TOTAL : 68 , 589 . 26 YORKSELF YORKVILLE SELF STORAGE , INC 012609 - 45 01 / 26 / 09 01 POLICE - STORAGE 01 - 210 - 65 - 00 - 5804 02 / 10 / 09 75 . 00 OPERATING SUPPLIES INVOICE TOTAL : 75 . 00 P32 DATE : 02 / 03 / 09 UNITED CITY OF YORKVILLE PAGE : 33 TIME : 12 : 02 : 32 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 02 / 10/ 2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - YORKSELF YORKVILLE SELF STORAGE , INC 012609 - 76 01/26/ 09 01 STREETS - STORAGE 01 - 410 - 62 - 00 - 5416 02 / 10 / 09 75 . 00 MAINTENANCE PROPERTY INVOICE TOTAL : 75 . 00 012609 - 83 01 STREETS - STORAGE 01 - 410 - 62 - 00 - 5416 02 / 10 / 09 75 . 00 MAINTENANCE PROPERTY INVOICE TOTAL : 75 . 00 VENDOR TOTAL : 225 . 00 TOTAL ALL INVOICES : 417 , 284 . 06 P33 UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 1 /31 /09 SOCIAL REGULAR SECURITY IMRF TOTALS MAYOR & LIQUOR COM. $2 ,660.00 $203.49 $0 . 00 $2,863 .49 CLERK $23225 . 00 $ 170. 21 $60. 18 $2,455.39 TREASURER $ 13400. 00 $107. 10 $ 116. 20 $ 1 ,623 . 30 ALDERMAN $9, 505.00 $727 . 141 $318 . 31 $ 10,550 .45 TOTALS $ 15,790.00 $ 1 ,207. 94 $494 .69 $ 17,492.63 TOTAL PAYROLL 1 /31 /2009 $ 177492 . 63 TOTAL DISBURSEMENTS $ 17,492.63 P34 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 1 /31 /2009 REGULAR OVERTIME TOTAL IMRF S. SECURITY TOTALS ADMINISTRATION $18 , 865.02 $22. 14 $ 18, 887. 16 $1 , 548.48 $1 ,435.99 $21 ,871 .63 FINANCE $15,207.46 $0.00 $15,207 .46 $15262.21 $1 , 134.96 $17, 604.63 COMMUNITY REL. $2,643.00 $0. 00 $2,643.00 $207.50 $202. 19 $3,052 .69 ENGINEERING $16, 111 .90 $0.00 $16, 111 .90 $1 ,337 .28 $ 1 ,223.21 $18,67239 POLICE $90, 169.62 $3,966. 02 $94, 135.64 $674.81 $7 , 158.63 $101 ,969.08 COMMUNITY DEV. $12,032.79 $0.00 $12,032.79 $998.73 $914.77 $13,946.29 STREETS $9,620.94 $3,379.23 $13,000. 17 $1 ,079.02 $989.49 $15,068.68 WATER $12,416.94 $471 .94 $12,888.88 $1 ,069.77 $978.72 $14, 937 .37 SEWER $65021 .71 $0.00 $6,021 .71 $499.80 $454.53 $6,976.04 PARKS $153125.00 $0. 00 $15, 125.00 $1 ,255.38 $1 , 157.06 $173537.44 RECREATION $18,374.88 $0.00 $18,374. 88 $1 ,292.70 $1 ,404. 75 $21 ,072. 33 REC. CENTER $9, 178.72 $0.00 $9, 178.72 $157.38 $702. 18 $10,038.28 LIBRARY $17,020.38 $0.00 $17,020.38 $654. 17 $ 1 , 302.03 $18,976. 58 TOTALS $242,788.36 $73839.33 $250,627 .691 $122037. 23 $19,058. 51 $281 ,723.43 TOTAL PAYROLL 1 /31 /2009 $281 , 723 .43 P15 UNITED CITY OF YORKVILLE SUMMARY SHEET 1 /31 /2009 TOTAL PAYROLL FOR ELECTED OFFICIALS 1 /31 /2009 $ 17,492 . 63 TOTAL PAYROLL 1 /31 /2009 $281 , 723 . 43 TOTAL INVOICES 2110/2009 $417, 284 . 06 TOTAL DISBURSEMENTS $7163500 . 12 P36 `QED cl)y Reviewed By: Agenda Item Number J4z� a O� Legal ❑ M&y G2 ka EST. , 1836 Finance El Engineer ❑ Tracking Number City Administrator ❑ Consultant 1:1 C(+ a C-JOC1 — ©Q w F-1 l <ILE Agenda Item Summary Memo Title: Zoning Commission Appointments Meeting and Date: City Council /February 10, 2009 Synopsis: Zoning Commission will be responsible for recommending appropriate zoning regulations. The Zoning Commission will prepare a report and propose a zoning ordinance. Following the preparation of the report, the Commission will conduct a public hearing prior to finalizing a recommendation to the City Council. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached list of appointments to this Commission Zoning Commission - 2009 Member Affiliation Mike Crouch Chair Plan Commission Jeff Baker Zoning Board of Appeals Greg Millen Chamber of Commerce/Business Owner Tom Van Boekel Commercial Developer/Builder Gary Neyer Residential Developer/Builder Phil Haugan Banker/Financial Pete Huinker Engineer `,<ED C/py Reviewed By: Agenda Item Number J2 T Legal ❑ May o e #3 EST. , 1836 Finance ❑ Engineer ❑ Tracking Number y City Administrator ❑ Consultant ❑ �1 C1 a0Oq 4-E _ 0 W ` < El Agenda Item Summary Memo Title: Resolution Approving IMRF Authorized Agent Meeting and Date: City Council - 2/10/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Susan Mika Finance Name Department Resolution No. 2009- RESOLUTION APPROVING AUTHORIZED AGENT OF THE UNITED CITY OF YORKVILLE TO THE ILLINOIS MUNICIPAL RETIREMENT FUND WHEREAS, the United City of Yorkville is a participant in the Illinois Municipal Retirement Fund in order to provide a sound and efficient system for the payment of benefits to City officers and employees as provided in the Illinois Pension Code (the "Pension Code"); and, WHEREAS, Section 7- 135 of the Pension Code directs all participating municipalities to appoint an "authorized agent" who shall have such powers and duties as provided therein; and, WHEREAS, the Mayor and the City Council of the United City of Yorkville deem it in the best interest of the United City of Yorkville to appoint Susan Mika as the United City of Yorkville Illinois Municipal Retirement Fund Authorized Agent. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that Susan Mika be appointed as the United City of Yorkville Illinois Municipal Retirement Fund Authorized Agent and that the Mayor and City Clerk are hereby authorized to execute any and all documentation required by the Illinois Municipal Retirement Fund to certify said appointment. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this 10"' day of February, A.D. 2009. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLEVSKI MARTY MUNNS ROSE SPEARS BOB ALLEN APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2009. Mayor Attest: City Clerk `,�0D C/py Reviewed By: Agenda Item Number J` A Legal El C i LU 1,)eA RCPC&r -"' I Finance ❑ EST. , 1836 Engineer El�- � Tracking Number L� City Administrator ❑ SS x`20 Consultant ❑❑ �1 `I 9O0q _ I <kE Agenda Item Summary Memo Title: Suggested Procedures—Ordinances Meeting and Date: City Council - 2/10/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken; Item Number: Type of Vote Required: Council Action Requested: Submitted by: Alderperson Rose Spears Name Department This agenda item was requested by Alderperson Spears, with concurrence from Alderman Golinski and Alderman Besco. o�1�,D C/;b Reviewed By: Agenda Item Number O n� �� J Y n Legal El C l I�UN G It'D�T 40-) esr. Finance El leas Engineer ❑ -� 0 City Administrator F1 Tracking Number 9 I�' ° � OHO Consultant El a ❑ <LE Agenda Item Summary Memo Title: State of Illinois Whistleblower Reward and Protection Act Meeting and Date: City Council -2/10/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Alderperson Rose Spears Name Department This agenda item was requested by Alderperson Spears, with concurrence from Alderman Golinski and Alderman Besco. CIVIL LIABILITIES (740 ILCS 175/) Whistleblower Reward and Protection Act. ( 740 ILCS 175 / 1 ) ( from Ch . 127 , par . 4101 ) Sec . 1 . This Act may be cited as the Whistleblower Reward and Protection Act . ( Source : P . A . 87 - 662 . ) ( 740 ILCS 175 /2 ) ( from Ch . 127 , par . 4102 ) Sec . 2 . Definitions . As used in this Act : ( a ) " State " means the State of Illinois ; any agency of State government ; the system of State colleges and universities , any school district , community college district , county , municipality , municipal corporation , unit of local government , and any combination of the above under an intergovernmental agreement that includes provisions for a governing body of the agency created by the agreement . ( b ) " Guard " means the Illinois National Guard . ( c ) " Investigation " means any inquiry conducted by any investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of this Act . ( d) " Investigator " means a person who is charged by the Department of State Police with the duty of conducting any investigation under this Act , or any officer or employee of the State acting under the direction and supervision of the Department of State Police , through the Division of Operations or the Division of Internal Investigation , in the course of an investigation . ( e ) " Documentary material " includes the original or any copy of any book , record , report , memorandum , paper , communication , tabulation , chart , or other document , or data compilations stored in or accessible through computer or other information retrieval systems , together with instructions and all other materials necessary to use or interpret such data compilations , and any product of discovery . ( f ) " Custodian " means the custodian , or any deputy custodian , designated by the Attorney General under subsection ( i ) ( 1 ) of Section 6 . ( g ) " Product of discovery " includes : ( 1 ) the original or duplicate of any deposition , interrogatory , document , thing , result of the inspection of land or other property , examination , or admission , which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature ; ( 2 ) any digest , analysis , selection , compilation , or derivation of any item listed in paragraph ( 1 ) ; and ( 3 ) any index or other manner of access to any item listed in paragraph ( 1 ) . ( Source : P . A . 95 - 128 , off . 1 - 1 - 08 . ) ( 740 ILCS 175 / 3 ) ( from Ch . 127 , par . 4103 ) Sec . 3 . False claims . ( a ) Liability for certain acts . Any person who : 1 ( 1 ) knowingly presents , or causes to be presented , to an officer or employee of the State or a member of the Guard a false or fraudulent claim for payment or approval ; ( 2 ) knowingly makes , uses , or causes to be made or used , a false record or statement to get a false or fraudulent claim paid or approved by the State ; ( 3 ) conspires to defraud the State by getting a false or fraudulent claim allowed or paid ; ( 4 ) has possession , custody , or control of property or money used , or to be used , by the State and , intending to defraud the State or willfully to conceal the property , delivers , or causes to be delivered , less property than the amount for which the person receives a certificate or receipt ; ( 5 ) authorized to make or deliver a document certifying receipt of property used , or to be used , by the State and , intending to defraud the State , makes or delivers the receipt without completely knowing that the information on the receipt is true ; ( 6 ) knowingly buys , or receives as a pledge of an obligation or debt , public property from an officer or employee of the State , or a member of the Guard , who lawfully may not sell or pledge the property ; ( 7 ) knowingly makes , uses , or causes to be made or used , a false record or statement to conceal , avoid or decrease an obligation to pay or transmit money or property to the State ; ( S ) knowingly takes adverse employment action against an employee for disclosing information to a government or law enforcement agency , if the employee has reasonable cause to believe that the information discloses a violation of State or federal law , rule , or regulation ; or ( 9 ) knowingly retaliates against an employee who has disclosed information in a court , an administrative hearing , before a legislative commission or committee , or in another proceeding and discloses information , if the employee has reasonable cause to believe that the information discloses a violation of State or federal law , rule , or regulation , is liable to the State for a civil penalty of not less than $ 5 , 500 and not more than $ 11 , 000 , plus 3 times the amount of damages which the State sustains because of the act of that person . A person violating this subsection ( a ) shall also be liable to the State for the costs of a civil action brought to recover any such penalty or damages . (b ) Knowing and knowingly defined . As used in this Section , the terms " knowing " and " knowingly" mean that a person , with respect to information : ( 1 ) has actual knowledge of the information ; ( 2 ) acts in deliberate ignorance of the truth or falsity of the information ; or ( 3 ) acts in reckless disregard of the truth or falsity of the information , and no proof of specific intent to defraud is required . ( c ) Claim defined . As used in this Section , " claim" includes any request or demand , whether under a contract or otherwise , for money or property which is made to a 2 contractor , grantee , or other recipient if the State provides any portion of the money or property which is requested or demanded , or if the State will reimburse such contractor , grantee , or other recipient for any portion of the money or property which is requested or demanded . A claim also includes a request or demand for money damages or injunctive relief on behalf of an employee who has suffered an adverse employment action taken in violation of paragraphs ( 8 ) or ( 9 ) of subsection ( a ) . ( d ) Exclusion . This Section does not apply to claims , records , or statements made under the Illinois Income Tax Act . ( Source : P . A . 94 - 1059 , eff . 7 - 31 - 06 ; 95 - 128 , eff . 1 - 1 - 08 . ) ( 740 ILLS 175 /4 ) ( from Ch . 127 , par . 4104 ) Sec . 4 . civil actions for false claims . ( a ) Responsibilities of the Attorney General and the Department of State Police . The Department of State Police shall diligently investigate a civil violation under Section 3 , except for civil violations under Section 3 that relate to and adversely affect primarily the system of State colleges and universities , any school district , any public community college district , any municipality , municipal corporations , units of local government , or any combination of the above under an intergovernmental agreement that includes provisions for a governing board of the agency created by the agreement . The Attorney General may bring a civil action under this Section against any person that has violated or is violating Section 3 . ( b ) Actions by private persons . ( 1 ) A person may bring a civil action for a violation of Section 3 for the person and for the State . The action shall be brought in the name of the State . The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting . ( 2 ) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the State . The complaint shall be filed in camera , shall remain under seal for at least 60 days , and shall not be served on the defendant until the court so orders . The State may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information . ( 3 ) The State may , for good cause shown , move the court for extensions of the time during which the complaint remains under seal under paragraph ( 2 ) . Any such motions may be supported by affidavits or other submissions in camera . The defendant shall not be required to respond to any complaint filed under this Section until 20 days after the complaint is unsealed and served upon the defendant . ( 4 ) Before the expiration of the 60 - day period or any extensions obtained under paragraph ( 3 ) , the State shall : (A) proceed with the action , in which case the 3 action shall be conducted by the State ; or (B ) notify the court that it declines to take over the action , in which case the person bringing the action shall have the right to conduct the action . ( 5 ) When a person brings an action under this subsection ( b ) , no person other than the State may intervene or bring a related action based on the facts underlying the pending action . ( c ) Rights of the parties to Qui Tam actions . ( 1 ) If the State proceeds with the action , it shall have the primary responsibility for prosecuting the action , and shall not be bound by an act of the person bringing the action . Such person shall have the right to continue as a party to the action , subject to the limitations set forth in paragraph ( 2 ) . ( 2 ) (A) The State may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the State of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion . ( B ) The State may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines , after a hearing , that the proposed settlement is fair , adequate , and reasonable under all the circumstances . Upon a showing of good cause , such hearing may be held in camera . ( C ) Upon a showing by the State that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the State ' s prosecution of the case , or would be repetitious , irrelevant , or for purposes of harassment , the court may , in its discretion , impose limitations on the person ' s participation , such as : ( i ) limiting the number of witnesses the person may call : ( ii ) limiting the length of the testimony of such witnesses ; ( iii ) limiting the person ' s cross - examination of witnesses ; or ( iv) otherwise limiting the participation by the person in the litigation . ( D) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense , the court may limit the participation by the person in the litigation . ( 3 ) If the State elects not to proceed with the action , the person who initiated the action shall have the right to conduct the action . If the State so requests , it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts ( at the State ' s expense ) . When a person 4 proceeds with the action , the court , without limiting the status and rights of the person initiating the action , may nevertheless permit the State to intervene at a later date upon a showing of good cause . ( 4 ) Whether or not the State proceeds with the action , upon a showing by the State that certain actions of discovery by the person initiating the action would interfere with the State ' s investigation or prosecution of a criminal or civil matter arising out of the same facts , the court may stay such discovery for a period of not more than 60 days . Such a showing shall be conducted in camera . The court may extend the 60 - day period upon a further showing in camera that the State has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings . ( 5 ) Notwithstanding subsection ( b ) , the State may elect to pursue its claim through any alternate remedy available to the State , including any administrative proceeding to determine a civil money penalty . If any such alternate remedy is pursued in another proceeding , the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this Section . Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this Section . For purposes of the preceding sentence , a finding or conclusion is final , if it has been finally determined on appeal to the appropriate court , if all time for filing such an appeal with respect - to the finding or conclusion has expired , or if the finding or conclusion is not subject to judicial review . ( d) Award to Qui Tam plaintiff . ( 1 ) If the State proceeds with an action brought by a person under subsection ( b ) , such person shall , subject to the second sentence of this paragraph , receive at least 15 % but not more than 25 % of the proceeds of the action or settlement of the claim , depending upon the extent to which the person substantially contributed to the prosecution of the action . Where the action is one which the court finds to be based primarily on disclosures of specific information ( other than information provided by the person bringing the action ) relating to allegations or transactions in a criminal , civil , or administrative hearing , in a legislative , administrative , or Auditor General ' s report , hearing , audit , or investigation , or from the news media , the court may award such sums as it considers appropriate , but in no case more than 10 % of the proceeds , taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation . Any payment to a person under the first or second sentence of this paragraph ( 1 ) shall be made from the proceeds . Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred , plus reasonable attorneys ' fees and costs . The 5 State shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred by the Attorney General , including reasonable attorneys ' fees and costs , and the amount received shall be deposited in the Whistleblower Reward and Protection Fund created under this Act . All such expenses , fees , and costs shall be awarded against the defendant . When the system of State colleges and universities , any school district , any public community college district , any municipality , any municipal corporation , any unit of local government , or any combination of the above under an intergovernmental agreement has been adversely affected by a defendant , the court may award such sums as it considers appropriate to the affected entity , specifying in its order the amount to be awarded to the entity from the net proceeds that are deposited in the Whistleblower Reward and Protection Fund . ( 2 ) If the State does not proceed with an action under this Section , the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages . The amount shall be not less than 25 % and not more than 30 °1 of the proceeds of the action or settlement and shall be paid out of such proceeds . Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred , plus reasonable attorneys ' fees and costs . All such expenses , fees , and costs shall be awarded against the defendant . ( 3 ) Whether or not the State proceeds with the action , if the court finds that the action was brought by a person who planned and initiated the violation of Section 3 upon which the action was brought , then the court may , to the extent the court considers appropriate , reduce the share of the proceeds of the action which the person would otherwise receive under paragraph ( 1 ) or ( 2 ) of this subsection ( d ) , taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation . If the person bringing the action is convicted of criminal conduct arising from his or her role in the violation of Section 3 , that person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action . Such dismissal shall not prejudice the right of the State to continue the action . ( 4 ) If the State does not proceed with the action and the person bringing the action conducts the action , the court may award to the defendant its reasonable attorneys ' fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous , clearly vexatious , or brought primarily for purposes of harassment . ( e ) Certain actions barred . ( 1 ) No court shall have jurisdiction over an action brought by a former or present member of the Guard under subsection (b ) of this Section against a member of the Guard arising out of such person ' s service in the Guard . ( 2 ) (A) No court shall have jurisdiction over an 6 action brought under subsection ( b ) against a member of the General Assembly , a member of the judiciary , or an exempt official if the action is based on evidence or information known to the State when the action was brought . ( B ) For purposes of this paragraph ( 2 ) , " exempt official " means any of the following officials in State service : directors of departments established under the Civil Administrative Code of Illinois , the Adjutant General , the Assistant Adjutant General , the Director of the State Emergency Services and Disaster Agency , members of the boards and commissions , and all other positions appointed by the Governor by and with the consent of the Senate . ( 3 ) In no event may a person bring an action under subsection (b ) which is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party . ( 4 ) (A) No court shall have jurisdiction over an action under this Section based upon the public disclosure of allegations or transactions in a criminal , civil , or administrative hearing , in a legislative , administrative , or Auditor General ' s report , hearing , audit , or investigation , or from the news media , unless the action is brought by the Attorney General or the person bringing the action is an original source of the information . ( B ) For purposes of this paragraph ( 4 ) , " original source " means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the State before filing an action under this Section which is based on the information . ( f ) State not liable for certain expenses . The State is not liable for expenses which a person incurs in bringing an action under this Section . ( g ) Any employee who is discharged , demoted , suspended , threatened , harassed , or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action under this Section , including investigation for , initiation of , testimony for , or assistance in an action filed or to be filed under this Section , shall be entitled to all relief necessary to make the employee whole . Such relief shall include reinstatement with the seniority status such employee would have had but for the discrimination , 2 times the amount of back pay , interest on the back pay , and compensation for any special damages sustained as a result of the discrimination , including litigation costs and reasonable attorneys ' fees . An employee may bring an action in the appropriate circuit court for the relief provided in this subsection ( g ) . ( Source : P . A . 89 - 260 , eff . 1 - 1 - 96 . ) 7 ( 740 ILCS 175 / 5 ) ( from Ch . 127 , par . 4105 ) Sec . S . False claims procedure . ( a ) A subpoena requiring the attendance of a witness at a trial or hearing conducted under Section 4 of this Act may be served at any place in the State . ( b ) A civil action under Section 4 may not be brought : ( 1 ) more than 6 years after the date on which the violation of Section 3 is committed , or ( 2 ) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the State charged with responsibility to act in the circumstances , but in no event more than 10 years after the date on which the violation is committed , whichever occurs last . ( c ) In any action brought under Section 4 , the State shall be required to prove all essential elements of the cause of action , including damages , by a preponderance of the evidence . ( d) Notwithstanding any other provision of law , a final judgement rendered in favor of the State in any criminal proceeding charging fraud or false statements , whether upon a verdict after trial or upon a plea of guilty , shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under subsection ( a ) or ( b ) of Section 4 . ( Source : P . A . 87 - 662 . ) ( 740 ILCS 175 / 6 ) ( from Ch . 127 , par . 4106 ) Sec . 6 . Subpoenas . ( a ) In general . ( 1 ) Issuance and service . Whenever the Attorney General has reason to believe that any person may be in possession , custody , or control of any documentary material or information relevant to an investigation , the Attorney General may , before commencing a civil proceeding under this Act , issue in writing and cause to be served upon such person , a subpoena requiring such person : (A) to produce such documentary material for inspection and copying , (B ) to answer , in writing , written interrogatories with respect to such documentary material or information , ( C ) to give oral testimony concerning such documentary material or information , or ( D) to furnish any combination of such material , answers , or testimony . The Attorney General may delegate the authority to issue subpoenas under this subsection ( a) to the Department of State Police subject to conditions as the Attorney General deems appropriate . Whenever a subpoena is an express demand for any product of discovery , the Attorney General or his or her delegate shall cause to be served , in any manner authorized by this Section , a copy of such demand upon the person from whom the discovery was obtained and shall notify the person to whom such demand is issued of 8 the date on which such copy was served . ( 1 . 5 ) Where a subpoena requires the production of documentary material , the respondent shall produce the original of the documentary material , provided , however , that the Attorney General may agree that copies may be substituted for the originals . All documentary material kept or stored in electronic form , including electronic mail , shall be produced in hard copy , unless the Attorney General agrees that electronic versions may be substituted for the hard copy . The production of documentary material shall be made at the respondent ' s expense . ( 2 ) Contents and deadlines . Each subpoena issued under paragraph ( 1 ) : (A) Shall state the nature of the conduct constituting an alleged violation that is under investigation and the applicable provision of law alleged to be violated . (B ) Shall identify the individual causing the subpoena to be served and to whom communications regarding the subpoena should be directed . ( C ) Shall state the date , place , and time at which the person is required to appear , produce . written answers to interrogatories , produce documentary material or give oral testimony . The date shall not be less than 10 days from the date of service of the subpoena . Compliance with the subpoena shall be at the office of the Attorney General in either the Springfield or Chicago location or at other location by agreement . ( D ) If the subpoena is for documentary material or interrogatories , shall describe the documents or information requested with specificity . ( E ) Shall notify the person of the right to be assisted by counsel . ( F) Shall advise that the person has 20 days from the date of service or up until the return date specified in the demand , whichever date is earlier , to move , modify , or set aside the subpoena pursuant to subparagraph ( j ) ( 2 ) (A) of this Section . ( b ) Protected material or information . ( 1 ) In general . A subpoena issued under subsection ( a ) may not require the production of any documentary material , the submission of any answers to written interrogatories , or the giving of any oral testimony if such material , answers , or testimony would be protected from disclosure under : (A) the standards applicable to subpoenas or subpoenas duces tecum issued by a court of this State to aid in a grand jury investigation ; or ( B ) the standards applicable to discovery requests under the Code of Civil Procedure , to the extent that the application of such standards to any such subpoena is appropriate and consistent with the provisions and purposes of this Section . ( 2 ) Effect on other orders , rules , and laws . Any such subpoena which is an express demand for any product of discovery supersedes any inconsistent order , rule , or 9 provision of law ( other than this Section ) preventing or restraining disclosure of such product of discovery to any person . Disclosure of any product of discovery pursuant to any such subpoena does not constitute a waiver of any right or privilege which the person making such disclosure may be entitled to invoke to resist discovery of trial preparation materials . ( c ) Service in general . Any subpoena issued under subsection ( a ) may be served by any person so authorized by the Attorney General or by any person authorized to serve process on individuals within Illinois , through any method prescribed in the Code of Civil Procedure or as otherwise set forth in this Act . ( d) Service upon legal entities and natural persons . ( 1 ) Legal entities . Service of any subpoena issued under subsection ( a ) or of any petition filed under subsection ( j ) may be made upon a partnership , corporation , association , or other legal entity by : (A) delivering an executed copy of such subpoena or petition to any partner , executive officer , managing agent , general agent , or registered agent of the partnership , corporation , association or entity ; ( B ) delivering an executed copy of such subpoena or petition to the principal office or place of business of the partnership , corporation , association , or entity ; or ( C ) depositing an executed copy of such subpoena or petition in the United States mails by registered or certified mail , with a return receipt requested , addressed to such partnership , corporation , association , or entity as its principal office or place of business . ( 2 ) Natural person . Service of any such subpoena or petition may be made upon any natural person by : (A) delivering an executed copy of such subpoena or petition to the person ; or ( B ) depositing an executed copy of such subpoena or petition in the United States mails by registered or certified mail , with a return receipt requested , addressed to the person at the person ' s residence or principal office or place of business . ( e ) Proof of service . A verified return by the individual serving any subpoena issued under subsection ( a ) or any petition filed under subsection ( j ) setting forth the manner of such service shall be proof of such service . In the case of service by registered or certified mail , such return shall be accompanied by the return post office receipt of delivery of such subpoena . ( f ) Documentary material . ( 1 ) Sworn certificates . The production of documentary material in response to a subpoena served under this Section shall be made under a sworn certificate , in such form as the subpoena designates , by : (A) in the case of a natural person , the person to whom the subpoena is directed , or ( B ) in the case of a person other than a natural person , a person having knowledge of the facts and 10 circumstances relating to such production and authorized to act on behalf of such person . The certificate shall state that all of the documentary material required by the demand and in the possession , custody , or control of the person to whom the subpoena is directed has been produced and made available to the Attorney General . ( 2 ) Production of materials . Any person upon whom any subpoena for the production of documentary material has been served under this Section shall make such material available for inspection and copying to the Attorney General at the place designated in the subpoena , or at such other place as the Attorney General and the person thereafter may agree and prescribe in writing , or as the court may direct under subsection ( j ) ( 1 ) . Such material shall be made so available on the return date specified in such subpoena , or on such later date as the Attorney General may prescribe in writing . Such person may , upon written agreement between the person and the Attorney General , substitute copies for originals of all or any part of such material . ( g ) Interrogatories . Each interrogatory in a subpoena served under this Section shall be answered separately and fully in writing under oath and shall be submitted under a sworn certificate , in such form as the subpoena designates by : ( 1 ) in the case of a natural person , the person to whom the subpoena is directed , or ( 2 ) in the case of a person other than a natural person , the person or persons responsible for answering each interrogatory . If any interrogatory is objected to , the reasons for the objection shall be stated in the certificate instead of an answer . The certificate shall state that all information required by the subpoena and in the possession , custody , control , or knowledge of the person to whom the demand is directed has been submitted . To the extent that any information is not furnished , the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished . ( h) Oral examinations . ( 1 ) Procedures . The examination of any person pursuant to a subpoena for oral testimony served under this Section shall be taken before an officer authorized to administer oaths and affirmations by the laws of this State or of the place where the examination is held . The officer before whom the testimony is to be taken shall put the witness on oath or affirmation and shall , personally or by someone acting under the direction of the officer and in the officer ' s presence , record the testimony of the witness . The testimony shall be taken stenographically and shall be transcribed . When the testimony is fully transcribed , the officer before whom the testimony is taken shall promptly transmit a certified copy of the transcript of the testimony in accordance with the instructions of the Attorney General . This subsection shall not preclude the taking of testimony by any means authorized by , and in a manner consistent with , the Code 11 of Civil Procedure . ( 2 ) Persons present . The investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony , the attorney for and any other representative of the person giving the testimony , the attorney for the State , any person who may be agreed upon by the attorney for the State and the person giving the testimony , the officer before whom the testimony is to be taken , and any stenographer taking such testimony . ( 3 ) Where testimony taken . The oral testimony of any person taken pursuant to a subpoena served under this Section shall be taken in the county within which such person resides , is found , or transacts business , or in such other place as may be agreed upon by the Attorney General and such person . ( 4 ) Transcript of testimony . When the testimony is fully transcribed , the Attorney General or the officer before whom the testimony is taken shall afford the witness , who may be accompanied by counsel , a reasonable opportunity to review and correct the transcript , in accordance with the rules applicable to deposition witnesses in civil cases . Upon payment of reasonable charges , the Attorney General shall furnish a copy of the transcript to the witness , except that the Attorney General may , for good cause , limit the witness to inspection of the official transcript of the witness , testimony . ( 5 ) Conduct of oral testimony . (A) Any person compelled to appear for oral testimony under a subpoena issued under subsection ( a ) may be accompanied , represented , and advised by counsel , who may raise objections based on matters of privilege in accordance with the rules applicable to depositions in civil cases . If such person refuses to answer any question , a petition may be filed in circuit court under subsection ( j ) ( 1 ) for an order compelling such person to answer such question . ( B ) If such person refuses any question on the grounds of the privilege against self - incrimination , the testimony of such person may be compelled in accordance with Article 106 of the Code of Criminal Procedure of 1963 . ( 6 ) Witness fees and allowances . Any person appearing for oral testimony under a subpoena issued under subsection ( a ) shall be entitled to the same fees and allowances which are paid to witnesses in the circuit court . ( i ) Custodians of documents , answers , and transcripts . ( 1 ) Designation . The Attorney General or his or her delegate shall serve as custodian of documentary material , answers to interrogatories , and transcripts of oral testimony received under this Section . ( 2 ) Except as otherwise provided in this Section , no documentary material , answers to interrogatories , or transcripts of oral testimony , or copies thereof , while in the possession of the custodian , shall be available for 12 examination by any individual , except as determined necessary by the Attorney General and subject to the conditions imposed by him or her for effective enforcement of the laws of this State , or as otherwise provided by court order . ( 3 ) Conditions for return of material . If any documentary material has been produced by any person in the course of any investigation pursuant to a subpoena under this Section and : (A) any case or proceeding before the court or grand jury arising out of such investigation , or any proceeding before any State agency involving such material , has been completed , or ( S ) no case or proceeding in which such material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation , the custodian shall , upon written request of the person who produced such material , return to such person any such material which has not passed into the control of any court , grand jury , or agency through introduction into the record of such case or proceeding . ( j ) Judicial proceedings . ( 1 ) Petition for enforcement . Whenever any person fails to comply with any subpoena issued under subsection ( a ) , or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material , the Attorney General may file , in the circuit court of any county in which such person resides , is found , or transacts business , or the circuit court of the county in which an action filed pursuant to Section 4 of this Act is pending if the action relates to the subject matter of the subpoena and serve upon such person a petition for an order of such court for the enforcement of the subpoena . ( 2 ) Petition to modify or set aside subpoena . (A) Any person who has received a subpoena issued under subsection ( a ) may file , in the circuit court of any county within which such person resides , is found , or transacts business , and serve upon the Attorney General a petition for an order of the court to modify or set aside such subpoena . In the case of a petition addressed to an express demand for any product of discovery , a petition to modify or set aside such demand may be brought only in the circuit court of the county in which the proceeding in which such discovery was obtained is or was last pending . Any petition under this subparagraph (A) must be filed : ( i ) within 20 days after the date of service of the subpoena , or at any time before the return date specified in the subpoena , whichever date is earlier , or ( ii ) within such longer period as may be prescribed in writing by the Attorney General . ( B ) The petition shall specify each ground upon 13 which the petitioner relies in seeking relief under subparagraph (A) , and may be based upon any failure of the subpoena to comply with the provisions of this Section or upon any constitutional or other legal right or privilege of such person . During the pendency of the petition in the court , the court may stay , as it deems proper , the running of the time allowed for compliance with the subpoena , in whole or in part , except that the person filing the petition shall comply with any portion of the subpoena not sought to be modified or set aside . ( 3 ) Petition to modify or set aside demand for product of discovery . In the case of any subpoena issued under subsection ( a ) which is an express demand for any product of discovery , the person from whom such discovery was obtained may file , in the circuit court of the county in which the proceeding in which such discovery was obtained is or was last pending , a petition for an order of such court to modify or set aside those portions of the subpoena requiring production of any such product of discovery , subject to the same terms , conditions , and limitations set forth in subparagraph ( j ) ( 2 ) of this Section . ( 4 ) Jurisdiction . Whenever any petition is filed in any circuit court under this subsection ( j ) , such court shall have jurisdiction to hear and determine the matter so presented , and to enter such orders as may be required to carry out the provisions of this Section . Any final order so entered shall be subject to appeal in the same manner as appeals of other final orders in civil matters . Any disobedience of any final order entered under this Section by any court shall be punished as a contempt of the court . ( k) Disclosure exemption . Any documentary material , answers to written interrogatories , or oral testimony provided under any subpoena issued under subsection ( a ) shall be exempt from disclosure under the Illinois Administrative Procedure Act . ( Source : P . A . 93 - 579 , eff . 1 - 1 - 04 ; 94 - 940 , eff . 1 - 1 - 07 . ) ( 740 ILCS 175 / 7 ) ( from Ch . 1270 par . 4107 ) Sec . 7 . Procedure . The Code of Civil Procedure shall apply to all proceedings under this Act , except when that Code is inconsistent with this Act . ( Source : P . A . 87 - 662 . ) ( 740 ILCS 175 / 8 ) ( from Ch . 127 , par . 4108 ) Sec . 8 . Funds ; Grants . ( a ) There is hereby created the Whistleblower Reward and Protection Fund as a special fund in the State Treasury . All proceeds of an action or settlement of a claim brought under this Act shall be deposited in the Fund . ( b ) Monies in the Fund shall be allocated , subject to appropriation , as follows : One - sixth of the monies shall be paid to the Attorney General and one - sixth of the monies shall 14 be paid to the Department of State Police for State law enforcement purposes . The remaining two - thirds of the monies in the Fund shall be used for payment of awards to Qui Tam plaintiffs , for attorneys ' fees and expenses , and as otherwise specified in this Act . The Attorney General shall direct the State Treasurer to make disbursement of funds as provided in court orders setting those awards , fees , and expenses . The State Treasurer shall transfer any fund balances in excess of those required for these purposes to the General Revenue Fund . ( Source : P . A . 87 - 662 . ) 15 `,�eo C/py Reviewed By: Agenda Item Number J� t- OT Legal ❑ EDC - i EST.. 1sas Finance F-1 1 Engineer El Tracking Number L Gl City Administrator ❑ Sf a� O Consultant ❑ pe a g . a g <LE ��?' 1-1 � Agenda Item Summary Memo Title: Ordinance Approving an Amended Annexation Agreement for Laniosz Commercial Property, Route 71 Meeting and Date: City Council - 2/10/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) Ordinance No. 2009- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDMENT TO THE ANNEXATION AGREEMENT OF HINSBROOK BANK TRUST #03-008 (LANIOSZ COMMERCIAL PROPERTY, ROUTE 71) 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 and Hinsbrook Bank Trust, as Trustee under Trust No. 03 -008 (the "Owner"), entered into an Annexation Agreement which was recorded with the Kendall County Recorder on July 9, 2007, as Document No. 200700020738 (the "Original Agreement") WHEREAS, certain real property was the subject matter of the Original Agreement comprising approximately 3 . 127 gross acres, including two (2) parcels of real estate, a 2.003 acres parcel ("Parcel A") and a 1 . 124 acre parcel ("Parcel B"); and, WHEREAS, the Owner has submitted a Petition to Amend the Original Agreement to include a site plan for Parcel B; and, WHEREAS, a public hearing was held by the City Council on February 10, 2009, on the Petition to Amend the Original Agreement and notice of said public hearing was duly published as required by the statutes of the State of Illinois; and, WHEREAS, the Mayor and City Council deem it necessary to approve the proposed First Amendment to the Original Agreement, attached hereto, which is in the best interests of the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2. The attached First Amendment to Annexation Agreement of Hinsbrook Bank Trust #03-008 (Laniosz Commercial Property, Route 71 ) 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. 2009. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2009. MAYOR 2 ,<'D cl;y Reviewed By: Agenda Item Number ` 2 b O J o ,_s -n Legal ❑ trz�C -"O;) ® EST ,��_1636 Finance F-1 Engineer ❑ Tracking Number 4- I� ti City Administrator ❑ Consultant ❑❑ cb C a Ocfln —C6 �<<E sy� Agenda Item Summary Memo Titre: Ordinance Amending City Code Regarding Signs Meeting and Date: City Council -2/10/09 Synopsis: Repealing 5-3-2-5, which is being addressed in the current Sign Ordinance (Title 8, Chapter 11) and amending Title 8, Chapter 11, Section 5 to remove a conflicting statement regarding prohibited signs. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department See attached memo and information, which was reviewed and discussed at the February 3rd EDC meeting. ,? 0 Memorandum To: EDC EST. ` 1836 From: Travis Miller .5 h CC: Lisa Pickering (for distribution) 9 > p Date: January 28, 2009 Subject: Ordinance Regarding Advertising on Signs and Buildings CE Attached for your review is the recently proposed Ordinance regarding advertising on signs and buildings. Also attached for your reference is the current Sign Ordinance (Title 8 Chapter 11 ). The purpose of the proposed ordinance is to prevent the posting of `a device calculated to attract the attention of the public' upon any building or part of a building without obtaining approval of City Council and written consent of the owner/occupant. Currently, the sign ordinance regulates these types of devices (signage) and defines what type signs are permissible and lists items excluded from the regulation as well as items prohibited entirely. The items listed by the proposed ordinances would most likely be categorized as `business sign', `identification sign' , `wall sign' or `window sign' which are defined by the Sign Code and permissible provided certain specific standards are met as described by this Code. Section 8-11 -3 of the Sign Code states that "any sign not expressly permitted by these regulations shall be prohibited" Enforcement of the Sign Code would include ticketing the property owner where the sign is placed and proceeding through the Administrative Adjudication Hearing Process as a Building Code violation. Therefore, staff recommends not adopting a new ordinance, however, does recommend repealing 5-3-2-5 Posting Bills, based on this regulation being covered by the Sign Ordinance. Ordinance No. 2009- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS REGARDING ADVERTISING ON SIGNS AND BUILDINGS 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 5, Chapter 3, Section 2, Subsection 5, of the United City of Yorkville Code of Ordinances is hereby amended by deleting it in its entirety and replacing it with: 5-3-2-5: ADVERTISING AND SIGNS ON BUILDINGS: A. No person shall post, stick, stamp, tack, paint, or otherwise fix, or cause the same to be done by another person, any notice, placard, bill, handbill, sign, poster, card advertisement, or other device calculated to attract the attention of the public, upon any building or part thereof, wall or part thereof, or window, without first obtaining the authority of the city council and the written consent of the owner, agent, lessee, or occupant of such premises or structure, and provided, further, that this section shall not apply to advertising matter upon billboards owned or controlled by private individuals. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 2009. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLTNSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2009. MAYOR ATTEST: CITY CLERK CHAPTER 11 SECTION: 8- 11 -1 Principles 8- 11 -2 General Purpose 8- 11 -3 Scope 8- 11 -4 Definitions 8-11 -5 Signs Exempt from this Chapter 8- 11 -6 General Provisions 8-11 -7 Prohibited Signs 8- 11 -8 Permitted Signs — Residential Zoning Districts 8- 11 -9 Permitted Signs — Business Zoning Districts 8- 11 - 10 Permitted Signs — Manufacturing Zoning Districts 8- 11 - 11 Nonconforming Signs 8- 11 - 12 Permitting Procedures 8- 11 - 1 PRINCIPLES. The provisions of this Article recognize that: A. There is a significant relationship between the manner inIwhich signs are displayed and public safety and the value, quality of life and economic stability of adjoining property and overall community. B. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. C. Signs are a constant and very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. 8- 11 -2 GENERAL PURPOSE. The regulation of signs by this Article is intended to promote and protect the public health, safety and welfare by: A. enhancing the economic condition of the City by promoting reasonable, orderly and effective use and display of signs. B. enhancing the physical appearance of the City. C. protecting the general public from damage and injury which might be caused by the faulty and uncontrolled and inappropriate construction and use of signs within the City. D. protecting the public use of streets and rights of way by reducing advertising distractions that may increase traffic accidents and congestion. 1 E. preserving the value of private property by assuring the compatibility in design and scale of signs with adjacent properties and uses. Accordingly, it is deemed necessary and in the public interest to regulate signs. To this end, this Article: I. Establishes minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this Ordinance. 2. Regulates the size, location, height, installation and other pertinent features of new signs. 3. Requires the removal of derelict signs and the amortization of nonconforming signs. 4. Provides for the effective administration and enforcement of these regulations. 8-11-3 SCOPE. The regulations of this section shall govern and control the erection, enlargement, expansion, alteration, operation,maintenance, relocation and removal of all signs within the City and any sign not expressly permitted by these regulations shall be prohibited. The regulations of this section relate to the location of signs,by function and type, within zoning districts and shall be in addition to provisions of the City of Yorkville Building Code and the City of Yorkville Electrical Code. 8-11-4 DEFINITIONS. A. Animated, flashing or moving sign Any sign that uses lights that flagb or alternate or which include action or motion or the appearance of action or motion either physically or electronically. B. Awning, Canopy or Marquee Sign. A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this Article. The construction materials and the manner of construction of all awnings, canopies and marquees shall be in accordance with the Yorkville Building Code. C. Banner. Any sign of lightweight fabric or similar material that is displayed on a pole or building. National, state or municipal flags, official flags of any institution or business shall not be considered banners. 2 D. Billboard. An off-premise advertising sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the lot on which the sign is located. E. Business Sign. A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered, on the premises where the sign is located or to which it is affixed. A business sign shall be a wall, canopy, awning, marquee, or window sign. F. Cold air Inflatable Device. An inflatable device,without a frame,used as a portable sign for promotions, sales or special events. A cold air balloon shall be ground mounted. G. Construction Sign. A sign erected on a lot on which construction is taking place, indicating the names of the architects, engineers, landscape architects, contractors, and similar artisans, and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the structure or project. Said sign shall be erected only so long as construction is occurring on the lot. A construction sign shall be a wall or freestanding sign. H. Freestanding Sign. Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. I. Grand Opening Temporary Sign. A temporary sign used for the purpose of advertising a grand opening of a new business. A grand opening temporary sign may be displayed only within 180 days of issuance of an occupancy certificate. A grand opening temporary sign may be a wall,marquee, canopy, awning, or freestanding sign. Promotions, anniversary sales, special sales, or going-out-of- business sales do not apply. I. Ground Mounted/Monument Sign. A sign that is supported on a base that is equal in width and depth to the frame of the sign itself. A ground mounted/monument sign must be constructed of materials to match the principal structure. K. Identification Sign. A sign giving the name and address of a residential building, business, development, industry, or other building or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol. An identification sign shall be a freestanding, wall, canopy, awning, or marquee sign. L. Menu Board Sign. A sign at a remote location on a lot giving product and price information about products sold on the lot to motorists in a waiting vehicle. M. Message Board Sign. A sign designed so that characters, letters or illustrations can 3 be changed manually or electronically without altering the face or surface of the sign. Electronic message boards must have a minimum duration time of twenty- four hours and no transition effects. N. Pole Sign. A freestanding sign supported by column or columns whose total width is less than 50% of the sign face depth. O. Portable Sign. A sign attached to or mounted upon a frame intended to be moved from place to place. P. Projecting Sign. A sign which in whole or in part is dependant upon the building for support and project more than twelve(12) inches from such building, except for awning,canopy and marquee signs. Q. Real Estate Sign. A sign indicating the sale,rental, lease, or development of the lot, a portion of the lot, or a building on the lot on which the sign is located. A real estate sign shall be a wall or freestanding sign. R. Roof Sign. A sign that is wholly dependant upon a building for support or mounted on the roof, which project more than six (6)inches above the highest point of a building or roof to which they are attached. S. Snipe Signs. A temporary or permanent non-governmental signs in a public right- of-way which is tacked,nailed,posted,pasted, glazed or otherwise affixed to a pole, stake, fence, traffic sign, traffic control device,utility pole, tree or the ground. T. Temporary Signs. Any sign, banner,pennant, streamer, or advertising display constructed of cloth, canvas, light fabric, cardboard,wallboard, or other light- weight material. U. Vehicle Sign. Any vehicle primarily situated to serve as a sign rather than as transportation. An automobile, van, or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for employee transportation is not a vehicle sign. V. Wall Sign. A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve (12) inches from such building or structure. W. Wind Feather. Also known as Wind Flag, Teardrop Banner and Blade. Fabric or plastic attention getting devices supported by a single pole and having a tall, narrow orientation whose rotation is determined by the wind direction. X. Window Sign. A sign which is applied or attached to or located within three(3) 4 feet of the interior of a window,which sign may be seen through the window from the exterior of the structure. 8-11-5 SIGNS EXEMPTED FROM THIS CHAPTER.Nothing in this shall be construed as exempting the following signs from the Building Code or those portions of the Municipal Code applicable to signs. The following signs are otherwise exempt from regulations of this Chapter: A. Flags, symbols or crests of nations,states, cities or political, fi-aternal,religious or civic organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the American flag and shall not be larger than the American flag. B. Decorations customarily and commonly associated with a national, local or religious holiday, celebration or anniversary provided that such decorations shall not be displayed for more than sixty (60)consecutive days. C. Signs four(4) square feet or less in area and five (5) feet in height or less on private property regulating on-premise traffic and parking. D. Bulletin boards, message boards, and similar devices no greater than thirty-two (32) square feet in area, five(5) feet high and not in the vision Mangle, used solely to give information about and accessory to a public, charitable, educational or religious institution located on the lot. E. Legal notices, identification, informational,directional, traffic or other sign erected or required by governmental authority under any law, statute or ordinance. F. Memorial signs or tablets eight(8) square feet or less in area, containing the names of a building and the date of construction, when cut into any masonry surface so as to be part of the building or when constructed of bronze or some other non-combustible material and permanently attached to a building. G. Non-illuminated window signs painted on or covering no more than 50% of the window area, excluding glass doors. H. Real estate signs four(4) square feet or less in area, provided that no more than one (1) such sign shall be permitted in each yard abutting a street. Real estate signs shall be freestanding signs and set back a minimum of five(5) feet from any lot line and shall be five(5) feet or less in height and shall not be illuminated. I Menu boards accessory to a restaurant drive-up window facility,provided such signs are thirty-six(36) square feet or less in area. I Signs used to identify the type of model home when used in conjunction with a 5 developing residential subdivision. Each type of model home is allowed one ( 1 ) sign not to exceed eight (8) square feet in area and five (5) feet in height. Such sign shall be located on the lot where the model home is located and shall be removed upon occupancy of the home for normal residential use. K. "No Trespassing," "Beware of Dog" and other similar warning signs four (4) square feet or less in area. . L. Name and address plates which give only the name and address of the resident(s) of the building less than three (3) square feet on single and two family dwellings and five (5) square feet for multi-family dwellings. M. Garage sale, farm produce sale signs provided there is only one sign per lot and it is present only during the duration of the sale and is less than four (4) square feet in area. N. Building interior signage O. Political signs. Signs sixteen (16) square feet or less in area and announcing candidates for political office or political issues, provided that such signs shall not be displayed more than sixty (60) days before any election and shall be removed within five (5) days after said election. P. Construction signs under eight (8) square feet. Q. Window signs covering no more than 60% of the window area excluding glass doors. R. Permanent, non-flashing signs on vending machines, gas pumps, ice and propane storage units. S. Wind Feathers of solid color, sixteen ( 16) feet or less in height, made of non- plastic fabric or nylon material and containing no text, logos or images. 8- 11 -6 GENERAL PROVISIONS. A. Sign Area. The area of the sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, rectangle, circle, triangle or combination thereof that will encompass the extreme limits of the writing representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. It does not include any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is 6 clearly incidental to the display itself. A double faced sign shall count as a single sign. B. Sign Height. The height of a sign shall be computed as the distance from the grade of the centerline of the adjacent street to the top of the highest attached component of the sign. C. Yard Requirements. Except as otherwise provided, signs shall be located at least five (5) feet from any driveway and lot line. Furthermore, no sign shall be erected or located in a public right-of-way except as established by the authorized public entity responsible for the right-of-way. No sign having a height more than thirty (30) inches shall be located within that part of the yard or open area of a corner lot included within a triangular area of twenty-five (25) feet from the point of intersection of two (2) street right-of-way lines forming such a comer lot. D. Illumination of Signs. The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of the premises on which the sign is located. Exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Illuminated signs permitted in or adjacent to Residential areas shall not be illuminated between the hours of 11 :00 p.m. and 5 : 00 a.m. unless the use to which the sign pertains is open. E. Sign Maintenance. The owner of a sign and the owner of the premises on which the sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards 1 . Signs shall be maintained in a neat and orderly condition and good working order, including illumination sources, at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3 . Signs shall conform to maintenance provisions of the Building and Electrical Codes as adopted by the City of Yorkville. F. Abandoned Signs Except as otherwise provided in this Ordinance, any temporary sign installed for a period of thirty (30) days or more, or any sign which pertains to a time, event, or purpose which no longer applies , shall be removed. Permanent signs applicable to a business because of change in ownership or management of such business shall be deemed abandoned if the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty (30) days. 7 G. Removal of Signs Any sign found to be improperly maintained, abandoned or otherwise in violation of this ordinance which is not removed or repaired within thirty (30) days of written notice of the Code Official may be removed by the Code Official. Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. 8- 11 -7 PROHIBITED SIGNS. The following signs shall not be permitted: A. Moving, animated and flashing signs, except electronic message boards. B. Roof signs. C. Vehicle signs D. Signs which constitute a hazard to public health or safety. E. Signs which obstruct ingress or egress from any fire escape, door, window, or other exit or entrance. F. Signs which, by reason of size, location, content, color, or manner of illumination, obstruct the vision of motorists or interfere with the visibility or effectiveness of any traffic sign or control device on public streets. G. Signs which make use of words such as "Stop," "Look," "One-way," "Danger," "Yield" or any similar word, please, symbol or light so as to interfere with or confuse pedestrian or vehicular traffic. H. Billboards. 1. Portable signs. J. Searchlights, except searchlights for grand openings and special civic events. K. Snipe signs. L. Signs displaying obscene or indecent matter. M. Moving, rotating or animated signs except traditional barber poles not exceeding two (2) feet in height and projecting not more than twelve (12) inches from the building utilized only to identify a hair cutting establishment. 8 8- 11 -8 PERMITTED SIGNS — AGRICULTURAL FLOOD ZONE & RESIDENTIAL ZONING DISTRICTS A. PERMANENT SIGNS 1 . Free standing identification or business sign. All non-residential uses in the agricultural, flood zone and residential zoning districts may have one free standing business or identification. Non-residential uses in the agricultural, flood zone and residential zoning districts on a coiner lot with entrances on both streets may have one free standing sign on each street frontage. Said sign shall be thirty-two (32) square feet or less in area, five (5) feet or less in height and setback at least ten ( 10) feet from the street or entrance drive. Freestanding signs must be constructed with the base and supporting columns if present constructed of the same brick, stone or masonry material that the exterior walls of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50% of the free standing sign area may be composed of a message board sign. 2. Building mounted identification or business sign. All non-residential uses in the agricultural, flood zone or residential zoning districts shall be permitted to have identification or business signage for each exterior wall of that part of the building facing a public right-of- way. No more than 50% of the building mounted sign area may be composed of a message board sign. Building mounted signage can not extend more than 75% of the building fagade of the building to which it is attached, 3 . Subdivision and residential complex identification signs. Two permanent subdivision or residential complex identification signs, one on each side of the street, at primary entrances to a residential subdivision or complex containing no commercial advertising is permitted. Such signs shall be thirty-two (32) square feet or less in area and eight (8) feet or less in height and constructed out of premium building materials such as brick or stone. For the purposes of this provision this sign may be installed in two components, one on each side of the street. B. TEMPORARY SIGNS 9 I . Real estate signs. On non single family residential lots one real estate sign per street frontage no greater than thirty-two (32) square feet in area or five (5) feet in height. 2. Residential Marketing signs at major entrances to residential subdivisions not to exceed one hundred (100) square feet and twelve ( 12) feet in height. 3 . Residential off-site marketing signs to call attention to and give directions to residential developments in Yorkville shall be allowed at no more than four (4) off-site locations, and shall be no greater than one hundred ( 100) square feet in area and twelve (12) feet in height, Signs for a given development may be located in any zoning district provided that there is at least one quarter (1 /4) mile separation from the other off-site marketing signs of that development and that no off-site marketing sign be closer to a residence than one hundred ( 100) feet. Off-site marketing signs for different developments must be at least 250 feet from any other off-site marketing sign. 4. Grand Opening Sign. One (1 ) grand opening sign not to exceed thirty-two square feet in area and eight (8) feet in height. 5. Construction sign. One construction sign per non-single family lot not to exceed thirty-two (32) square feet in area and five (5) feet in height. 8- 11 -9 PERMITTED SIGNS — BUSINESS ZONING DISTRICTS A. PERMANENT SIGNS 1 . Free Standing Business Sign On lots less than three acres with one ( 1 ) street frontage one (1 ) free standing business sign thirty-two square feet or less feet in area and eight (8) feet or less in height shall be allowed. If the lot has more than one street frontage, one ( 1 ) free standing business sign thirty-two square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one ( 1 ) street frontage , one (1 ) free standing business sign sixty square feet or less in area and eight feet or less in height shall be allowed. If the lot has more than one street frontage, one (1 ) free standing business sign sixty-four square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. 10 On lots three acres or larger that have a street frontage(s) in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight (8) feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting colums if present constructed of the same brick, stone or masonry material that the exterior walls of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50% of the free standing sign area may be composed of a message board sign. 2 . Building mounted Business/Identification Signs a. Single use building. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of- way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall not exceed two (2) square feet for each one (1 ) lineal foot of the fapade of the building with a public entrance. No wall sign shall extend more than 75% of the width of the building fapade to which it is attached. b. Multi-tenant buildings. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of- way shall be permitted to have building mounted business or building mounted identification signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance. The maximum area of such sign(s) shall not exceed two (2) square feet in area for each one (1) lineal foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached. No wall sign shall extend more than 75% of the width of that part of the building fapade in which it is located. C. No more than 50% of the building mounted sign area may be composed of a message board sign. B. TEMPORARY I . Searchlights. Searchlights for a grand opening only for a period of time not to exceed seventy-two (72) hours. 11 2. Cold air inflatable devices. One cold air inflatable device for a grand opening only for a period of time not to exceed seventy-two (72) hours. 3 . Grand opening sign. One ( 1 ) grand opening sign not to exceed thirty-two square feet in area and eight (8) feet in height. 4. Commercial Real Estate signs. On conunercial lots one real estate sign per street frontage no greater than thirty-two (32) square feet in area and five (5) feet in height. 5 . Construction signs. One construction sign per lot not to exceed thirty-two (32) square feet in area and five (5) feet in height. 6. Wind feathers not exempted by Section 8- 11 -5 S of this Chapter. No limit on the quantity per lot. Time period not to exceed thirty (30) days. 8- 11 - 10 PERMITTED SIGNS — MANUFACTURING ZONING DISTRICTS A. PERMANENT 1 . Free standing business Sign On lots less than three acres or on lots that face a residentially zoned or used lot with one (1 ) street frontage, one free standing business sign shall be allowed. Said sign shall be thirty-two (32) square feet or less in area and eight (8) feet or less in height. If the lot has more than one street frontage, one (1 ) free standing business sign thirty-two square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one (1 ) street frontage, one (1 ) free standing business sign shall be allowed Said sign shall be a maximum of sixty-four (64) square feet or less in area and eight (8) feet or less in height shall be allowed. If the lot has more than one street frontage, one (1 ) free standing business sign sixty- four square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger that have a street frontage(s) in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight (8) feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting column if present constructed of the same brick, stone or masonry material that the exterior 12 walls of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50% of the free standing sign area may be composed of a message board sign. 2. Building mounted Business/Identification Signs a. Single—use building. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall be two (2) square feet or less in area for each one (1 ) lineal foot of the facade of the building with a public entrance. b. Multi-tenant buildings. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance. The maximum area of such sign(s) shall be two (2) square feet or less in area for each one (1) lineal foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached. All business and identification signs shall be wall, awning, canopy or marquee signs. C. No more than 50% of the building mounted sign area may be composed of a message board sign. B. TEMPORARY 1 . Real estate signs. On industrial lots one real estate sign per street frontage no greater than thirty-two square feet in area or five (5) feet in height. 2. Construction signs. One construction sign per industrial lot not to exceed thirty-two (32) square feet in area and ten (10) feet in height. 3. Banners/Special Business Event sign. One Special Business Event sign per industrial lot not to exceed thirty-two (32) square feet in area and ten (10) feet in height. 13 4. Wind feathers not exempted by Section 8- 11 -5 S of this Chapter. No limit on the quantity per lot. Time period not to exceed thirty (30) days. 8- 11 - 11 NONCONFORMING SIGNS A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to the sign ordinance and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans, provided construction of the sign is started within ninety (90) days after the passage of the ordinance amendment and is completed within sixty (60) days after beginning construction. B. Whenever a nonconforming sign has been discontinued for a period of six (6) months, or whenever there is evidence a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not, after being discontinued or abandoned, be re-established and the sign hereafter shall be in conformity with the regulations of this ordinance. C. Normal maintenance of a nonconforming sign is permitted , including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign. D. No structural alteration, enlargement or extension shall be made in a nonconforming sign except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty (50) percent or more of the replacement value at the time, the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this ordinance. In the event the damage or destruction is less than fifty (50) percent of its replacement value based upon prevailing costs, the sign may then be restored to its original condition and the use may be continued which existed at the time such partial destruction until the nonconforming sign is otherwise abated by the provisions of this ordinance. In either event, a permit for restoration or repair must be applied for within a period of thirty (30) days from the date of damage or destruction, and be completed within sixty (60) days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six (6) months from the passage of this ordinance. New temporary signs shall be allowed only in conformance with the provisions contained in this ordinance. Such signage must be 14 removed by the close of business of the day the temporary sign permit expires. 8- 11 - 12 PERMITTING PROCEEDURES Permits for Permanent and Temporary Signs A. No sign shall be erected, enlarged, expanded, altered or relocated unless the person proposing to erect, alter or move such sign shall obtain a permit from the Code Official. Such permit shall be issued only when the sign complies with all of the applicable provisions of this ordinance. The fee for granting such a permit shall be established by the City Council. The schedule of fees shall be posted in the City offices and may be amended only by the City Council. Routine sign maintenance, changing of parts designed for change or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a permit, unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. B. Any person desiring a permit for a permanent or temporary sign shall file a permit application which shall contain or have attached the following information: 1 . A copy of plans and specifications showing the method of construction, illumination, if any, and support of such sign. Calculations showing the sign is designed for dead load and wind pressure in any direction in the amount required by other applicable laws and ordinances of the City may be required. 2. A plat of survey showing the location of the sign(s) on the lot and a drawing indicating the location of the sign(s) on any building or structure on the lot. 3 . A sketch, drawn to scale, showing sign faces, exposed surface areas and the proposed message and design, accurately represented as to size, area, proportion and color. 4. The written consent of the owner(s) or agent of the building, structure, or land on which the sign is erected. 5 . The name, address and phone number of the applicant. 6. The name of the person, firm, corporation or association erecting, altering or moving the sign. 15 C. Temporary Sign Permit Frequency and Duration: Type of Sign Maximum Duration Maximum freauency Banners 14 days three times per year Special sale/business event 14 days three times per year Commercial real estate 6 months renewable Industrial real estate 6 months renewable Residential marketing 6 months renewable Grand opening 30 days once per business Cold Air Inflatable Device 72 hours once per business Searchlights 72 hours once per business Wind Feather 30 days renewable Construction during active building permit issuance SECTION 8- 11 - 13 SIGN VARIATIONS In addition to the procedures and standards listed in Section 10- 14-5 of the Zoning Ordinance regarding variations from the requirements, the Zoning Board of Appeals shall also consider the following factors in hearing testimony and making decisions regarding sign variance requests: 1 . If the sign was erected legally with a sign permit. 2. If there are any unique physical characteristics of the property 3 . If there are limited available locations for signage on the property 4. The cost to the applicant of complying with the sign ordinance requirements 5 . If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit. 6. If the sign is on a street with 20,000 or higher vehicle trips per day. 7. If the sign would be blocked by existing or required landscaping. 8. If it is a wall sign facing a public right-of-way without a public entrance. 16 5-3wM: POSTING BILLS : It shall be unlawful for any person or persons to post bills on any lamppost, hitching post, water trough or any other public or private property in the City, or to publicly distribute same on streets without first obtaining permission from the City Council or from the owner of such private property. (RO 1882 , Ord . , 6-20-1892; amd . 1994 Code) Municipal Code REDLINE Title 8, Chapter 11 feet of the interior of a window, which sign may be seen through the window from the exterior of the structure. SIGNS EXEMPTED FROM THIS CHAPTER. The following signs are Deleted: Nothing in this shall bell exempt from regulations of this Chapter: construed as exampling the following signs from the Budding Code or those portions of the Municipal Code A. Flags, symbols or crests of nations, states, cities or political, fraternal, religious or applicable to signs civic organizations. One logo flag of a business shall be permitted on a lot [Deleted: od,erw�se c ---------------------— provided that it is flown with the American flag and shall not be larger than the American flag. B. Decorations customarily and commonly associated with a national, local or religious holiday, celebration or anniversary provided that such decorations shall not be displayed for more than sixty (60) consecutive days. C. Signs four (4) square feet or less in area and five (5) feet in height or less on private property regulating on-premise traffic and parking. D. Bulletin boards, message boards, and similar devices no greater than thirty-two (32) square feet in area, five (5) feet high and not in the vision triangle, used solely to give information about and accessory to a public, charitable, educational or religious institution located on the lot. E. Legal notices, identification, informational, directional, traffic or other sign erected or required by governmental authority under any law, statute or ordinance. F. Memorial signs or tablets eight (8) square feet or less in area, containing the names of a building and the date of construction, when cut into any masonry surface so as to be part of the building or when constructed of bronze or some other non-combustible material and permanently attached to a building. G. Non-illuminated window signs painted on or covering no more than 50% of the window area, excluding glass doors. H. Real estate signs four (4) square feet or less in area, provided that no more than one (1) such sign shall be permitted in each yard abutting a street. Real estate signs shall be freestanding signs and set back a minimum of five (5) feet from any lot line and shall be five (5) feet or less in height and shall not be illuminated. I Menu boards accessory to a restaurant drive-up window facility, provided such signs are thirty-six (36) square feet or less in area. J. Signs used to identify the type of model home when used in conjunction with a developing residential subdivision. Each type of model home is allowed one (1 ) sign not to exceed eight (8) square feet in area and five (5) feet in height. Such 5 Ordinance No. 2009- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS REGARDING SIGNS WHEREAS, it has been brought to the attention of the Mayor and City Council that certain sections or provisions of the Yorkville City Code are no longer relevant or contradict other provisions; and, WHEREAS, the Mayor and City Council have determined that it is in the best interest of the City to remove any irrelevant section of the Code and to clarify any contradictory provisions. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The Yorkville City Code is hereby amended by deleting Section 5-3-2-5 of Title 5, Chapter 3 of said City Code in its entirety. Section 2. Ordinance No. 2008- 103,passed by the Mayor and City Council on November 25, 2008 (which ordinance replaced the existing Chapter of the Yorkville City Code regulating signage), is hereby amended by deleting the first full sentence following the words "Signs Exempted from this Chapter" in Section 8- 11 -5 as set forth in Exhibit A of said Ordinance No. 2008-103 and retaining all other provisions of said Section 8- 11 -5. Section 3. This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. 1 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of February, 2009. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSESPEARS BOB ALLEN APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2009. Mayor Attest: City Clerk 2 Exhibit A 8-11 -5 SIGNS EXEMPT FROM THIS CHAPTER. The following signs are otherwise exempt from regulations by the zoning ordinance: A. Flags, symbols or crests of nations, states, cities or political, fraternal, religious or civic organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the American flag and shall not be larger than the American flag. B. Decorations customarily and commonly associated with a national, local or religious holiday, celebration or anniversary provided that such decorations shall not be displayed for more than sixty (60) consecutive days. C. Signs four (4) square feet or less in area and five (5) feet in height or less on private property regulating on premises traffic and parking. D. Bulletin boards, message boards, and similar devices no greater than thirty-two (32) square feet in area, five (5) feet high and not in the vision triangle, used solely to give information about and accessory to a public, charitable, educational or religious institution located on the lot. E. Legal notices, identification, informational, directional, traffic or other sign erected or required by governmental authority under any law, statute or ordinance. F. Memorial signs or tablets eight (8) square feet or less in area, containing the names of a building and the date of construction, when cut into any masonry surface so as to be part of the building or when constructed of bronze or some other noncombustible material and permanently attached to a building. G. Non-illuminated window signs painted on or covering no more than 50% of the window area, excluding glass doors. H. Real estate signs four (4) square feet or less in area, provided that no more than one ( 1 ) such sign shall be permitted in each yard abutting a street. Real estate signs shall be freestanding signs and set back a minimum of five (5) feet from any lot line and shall be five (5) feet or less in height and shall not be illuminated. I. Menu boards accessory to a restaurant drive-up window facility, provided such signs are thirty-six (36) square feet or less in area. J. Signs used to identify the type of model home when used in conjunction with a developing residential subdivision. Each type of model home is allowed one (1 ) sign not to exceed eight (8) square feet in area and five (5) feet in height. Such sign shall be located on the lot where the model home is located and shall be removed upon occupancy of the home for normal residential use. 3 K. "No Trespassing", 'Beware of Dog" and other similar warning signs four (4) square feet or less in area. L. Name and address plates which give only the name and address of the resident(s) of the building less than three (3) square feet on single- and two-family dwellings and five (5) square feet for multi-family dwellings. M. Garage sale, farm produce sale signs provided there is only one sign per lot and it is present only during the duration of the sale and is less than four (4) square feet in area. N. Building interior signage. O. Political signs. Signs sixteen ( 16) square feet or less in area and announcing candidates for political office or political issues, provided that such signs shall not be displayed more than sixty (60) days before any election and shall be removed within five (5) days after said election. P. Construction signs under eight (8) square feet. Q. Window signs covering no more than 60% of the window area excluding glass doors. R. Permanent, non-flashing signs on vending machines, gas pumps, ice and propane storage units. S. Wind Feathers of solid color, sixteen (16) feet or less in height, made of non-plastic fabric or nylon material and containing no text, logos or images. 4 O'D C/p` Reviewed By: Agenda Item Number C-a Legal ❑ c esr. � 1836 Finance ❑ PS A, 1 Engineer ❑ 4O 1� �� W City Administrator ❑ Tracking Number gf 20 Police ❑ Human Resources ❑ CC L9 C)09 - 13 �E Public Works ❑ City Council Agenda Item Summary Memo Title: Revised Leash Law - Ordinance City Council/Committee Agenda Date: City Council—February 10, 2009 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: January 27, 2009 Action Taken: Brought back to this meeting Item Number: Type of Vote Required: Majority Council Action Requested: Discussion and action on ordinance Submitted by: Bart Olson Administration Name Department Agenda Item Notes: C!T` Memorandum To : City Council Esr �,- 1836 From : Bart Olson, Assistant City Administrator CC: Brendan McLaughlin, City Administrator p` Date: February 5, 2009 9 Subject: Leash Law Ordinance LE This agenda item was last discussed at the January 27`x' City Council meeting, under the Public Form section of the agenda. The direction at the end of the public forum was to have Attorney Orr draft a code amendment that would require dogs to be on a leash on the owner' s property (in essence, overturning Ordinance 2008- 127 Amending City Code "Dogs Running at Large") for discussion at the February 10"' City Council meeting. That draft ordinance is attached. As was discussed at the January 27`x' City Council meeting, Ordinance 2008-127 can not be rescinded because a motion to reconsider was not brought up at the January 13°i City Council meeting. Also, Alderman Spears had suggested some language for the proposed ordinance, which was distributed in the January 30°i Administrator' s Weekly. Staff received no feedback on this language, so it was not included in this packet in its original form . The draft ordinance proposed by Attorney Orr contains language which: 1 ) follows the direction the Council gave at the January 27r" City Council meeting 2) captures the intent of Alderman Spears suggested language discussed in the January 30`x' Administrator' s Weekly (to require leashes on cats) 3) provides a streamlined chapter in the code by combining the "Dogs" chapter and the "Dangerous Animals" chapter While the idea of combining the two chapters has not been discussed at a public meeting until tonight, Attorney Orr noticed that several of the sections within both chapters were overlapping. Amending one chapter without the amending the other would cause difficulty in enforcement. Therefore, her recommendation, which is reflected in the draft ordinance, is to combine the two chapters into one chapter. A side effect of this combination of chapters would be that whichever sections that were duplicated would now only exist once, perhaps making the chapter shorter and being cheaper to codify than two separate chapters. In summary, the draft ordinance in the packet should meet the request by the City Council on January 27"'. If the City Council chooses to amend the City Code to require dogs to be kept on leashes, staff is suggesting that the streamlined Chapters of City Code pertaining to animals be approved. Ordinance No. 2009- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGULATION OF ANIMALS 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 deem it necessary to provide for the regulation of all domestic animals in order to promote the health, safety, and welfare of the City's residents. 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 5, Chapter 5 of the United City of Yorkville Code of Ordinances is hereby deleted it in its entirety. Section 2. Title 5, Chapter 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting it in its entirety and replacing it with the following: Chapter 2 ANIMALS 5-2-1 : DEFINITIONS : As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: AGRICULTURAL ANIMAL: Livestock, poultry, and other farm animals. AT LARGE: Any animal shall be deemed to be at large when it is off the property of its owner and not under the control of a responsible person, or on the property of his owner and neither under the control of a responsible person nor under restraint. DANGEROUS DOMESTIC ANIMAL: Any domestic animal when unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal in a public place. DANGEROUS/EXOTIC ANIMAL: A lion, tiger, leopard, ocelot, cougar, jaguar, panther, cheetah, margay, mountain lion, lynx, bobcat, jaguarondi, bear, bison, hyena, wolf, coyote, jackal, wild dog, any poisonous or life-threatening reptile, monkey gorilla, chimpanzee, or other non-human primate, any rodent weighting more than one pound with the exception of guinea pigs, any noncanine animal not native to North America and which can attain a weight of two hundred (200) pounds, or any feline animal which can attain a weight in excess of forty (40) pounds. DOG: All members of the canine family. DOMESTIC ANIMAL: Dogs, cats, and any other types of animals or fowl normally maintained as a household pet or guardian. IMPOUND: To take into the custody of the City Police Department or Animal Control Officer. INOCULATION AGAINST RABIES : The injection, subcutaneously or otherwise, of antirabic vaccine as approved by the Department of Agriculture of the State of Illinois. OWNER: Any person who has a right of property in an animal, or who keeps or harbors an animal, or who has an animal in his/her care, or who acts as custodian of an animal, or who knowingly permits an animal to remain on or about any premises occupied by him/her. PERSON: Any individual, firm, association, partnership, corporation, or other legal entity, any public or private institution, or any municipal corporation or political subdivision of the City. RESPONSIBLE PERSON: A person at least 18 years old who is familiar with the animal and has the size and experience to be able to keep the animal under complete control at all times. RESTRAINT: An animal is under restraint if it is confined by a fence of sufficient height and security (which may be an electronic invisible fence system) to prevent it from leaving the encompassed area, on a leash under the control of a responsible person, or on a leash securely fastened to an inanimate object and of a length which prevents it from leaving the property of its owner or keeper. SERIOUS INJURY: Any physical injury that results in broken bones, lacerations, wounds, or skin punctures that require medical treatment. VICIOUS DOMESTIC ANIMAL: Any domestic animal that, without justification, attacks a person and causes serious physical injury or death or any individual animal that has been found to be a "dangerous domestic animal" upon three (3) separate occasions. 5-2-2 : ANIMAL CONTROL OFFICER: The Mayor, with the advice and consent of the City Council, shall have the authority to appoint an Animal Control Officer and an Assistant Animal Control Officer whose duties shall be the enforcement of this Chapter. Any reference to the Animal Control Officer in this Chapter shall also mean the Assistant Animal Control Officer. 5-2-3: DANGEROUS/EXOTIC ANIMALS: A. No person shall have a right of property in, keep, harbor, care for, act as custodian of or maintain in his possession any dangerous/exotic animal within the corporate limits of the City. 2 B. This Section shall not apply to a properly maintained zoological park, federally licensed exhibit, circus, scientific or educational institution, research laboratory, veterinary hospital, kennels, pounds, or animal refuge in an escape-proof enclosure. C. It is no defense to a violation of this Section that the violator has attempted to domesticate the dangerous/exotic animal. D. If there appears to be imminent danger to the public, any dangerous/exotic animal found not in compliance with the provisions of this Section shall be impounded and may immediately be placed in an approved facility. Approved facilities include, but are not limited to, a zoological park, federally licensed exhibit, humane society, veterinary hospital, or animal refuge. E. Upon the conviction of a person for a violation of this Section, the animal with regard to which the conviction was obtained shall be impounded and placed in an approved facility, with the owner thereof to be responsible for all costs connected with the seizure and confiscation of such animal. Approved facilities include, but are not limited to, a zoological park, federally licensed exhibit, humane society, veterinary hospital, or animal refuge. 5-2-4: DOMESTIC ANIMALS: A. Rabies Inoculation: Any domestic animal, which the Illinois Department of Agriculture requires to be inoculated against rabies, must be inoculated against rabies in order to be owned or maintained in the City (see 510 ILCS 518). B. Collar and Tags : Any dog within the corporate limits of the City shall wear a collar or harness with a suitable tag bearing the inscription of the name, address and phone number, if any, of the owner. C. Running at Large: No domestic animal shall be permitted to run at large, with or without a tag fastened to its collar, within the corporate limits of the City. Any domestic animal found upon any public street, sidewalk, alley or any unenclosed place shall be deemed running at large unless the domestic animal is firmly held on a leash or is in an enclosed vehicle. D. Dangerous Domestic Animals or Vicious Domestic Animals: 1 . The City Police Department or Animal Control Officer is authorized to investigate any report of a dangerous or vicious domestic animal and make a determination, as to whether such animal is dangerous or vicious. Within five (5) days of such determination, a notice of ordinance violation must be issued to the owner in accordance with Title 1 , Chapter 14 of the City Code. 2. Any domestic animal which exhibits any of the following behaviors shall be deemed dangerous: 3 a. causing an injury to a person or animal that is less severe than a serious injury; b. without provocation, chasing or menacing a person or animal in an aggressive manner; c. running at large and impounded or owner receiving notices of ordinance violations two (2) or more times within any 12-month period; d. acts in a highly aggressive manner within a fenced yard/enclosure and appears to a reasonable person able to jump over or escape; or, e. attempts to attack any person or animal if it is restrained by a leash, fence, or other means and it is clear that only the presence of the leash, fence, or other means of restraints is preventing the domestic animal from immediate attack. 3 . No domestic animal shall be declared dangerous or vicious if: a. the animal was used by a law enforcement official for legitimate law enforcement purposes; b. the threat, injury, or damage was sustained by a person: i. who was committing, at the time, a willful trespass or other tort upon the premises lawfully occupied by the owner of the animal; ii. who was provoking, tormenting, abusing, or assaulting the animal or who can be shown or have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or, iii. who was committing or attempting to commit a crime. e. the animal was: i. responding to pain or injury, or was protecting itself, its offspring; or, ii. protecting or defending a person within the immediate vicinity of the animal from an attack or assault. 4. If a domestic animal is deemed dangerous or vicious, the City Police Department or Animal Control Officer may require: a. special security or care requirements; b. impoundment until satisfied that the owner will maintain the dangerous or vicious domestic animal on the owner' s property except for medical treatment or examination; post a clearly visible written warning that there is a dangerous or vicious domestic animal on the premises (visible from a distance of fifty feet (50'); or, c, order humane dispatch of the dangerous or vicious domestic animal, pursuant to the Humane Euthanasia in Animal Shelters Act (510 ILCS 4 72/ 1 et seg.), upon a finding that the owner has failed to abide by the established conditions of security. 5 . In the event of impoundment of a dangerous or vicious domestic animal, the animal shall not be released until satisfaction of the following: a. the owner of the dangerous or vicious domestic animal proves that the owner is a responsible person; b. the dangerous or vicious domestic animal has a current rabies vaccination, where applicable; c. the owner has a proper enclosure to prevent the entry of any person or animal and the escape of said dangerous or vicious domestic animal; d. the dangerous or vicious domestic animal has been spayed or neutered; e. the dangerous or vicious domestic animal has been implanted with a microchip containing owner identification information. The microchip information must be registered with the animal control authority of the jurisdiction; and, f. the dangerous or vicious domestic animal owner shall enter the animal in a socialization and/or behavior program approved by the City. 6. It shall be unlawful for an owner of a dangerous or vicious domestic animal to : a. permit the animal to be outside a proper enclosure unless under the control of a responsible person, muzzled, and restrained by a lead not exceeding four feet (4') in length; the muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any human being or animal; b. fail to maintain a dangerous or vicious domestic animal exclusively on the owner's property, except as required for medical for treatment or examination. When removed from the owner' s property for medical treatment or examination, the dangerous or vicious domestic animal shall be caged or under the control of a responsible person, muzzled and restrained with a lead not exceeding four feet (4') in length, and having a tensile strength of at least 200 pounds. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any human being or animal; c. fail to notify the City Police Department 1) immediately upon escape if a dangerous or vicious domestic animal is on the loose, is unconfined, has attacked another domestic animal, has attacked a human being, 2) within two (2) business days if the animal has died, and 3) within twenty-four (24) hours if the animal has been sold or has been given away. If the dangerous or vicious domestic animal has been sold or given away, the 5 owner shall also provide the City Police Department with the name, address, and telephone number of the new owner of the dangerous or vicious domestic animal; d. fail to surrender a dangerous or vicious domestic animal for safe confinement pending a hearing when there is a reason to believe that the dangerous or vicious domestic animal poses an imminent threat to public safety; or, e. fail to comply with any special security or care requirements for a dangerous or vicious domestic animal determined by the City Police Department or Animal Control Officer. 7. Any dangerous or vicious domestic animal running at large in the streets or public places of the City or upon private premises of any other person not the owner, shall be impounded in the manner provided by this Chapter; provided, however, that if a dangerous or vicious domestic animal found at large cannot be safely impounded, that animal may be slain by any City Police Officer. E. Disturbing the Peace; Nuisance: 1 . Any domestic animal within the corporate limits of the City which is continuously barking, howling, or whining, or making other distressing or loud or unusual noise on a consistent basis, or in any other manner disturbing the peace or quiet of any place, neighborhood, family, or person within the corporate limits of the City, may hereby be declared a nuisance. 2. Upon complaint being made to the Animal Control Officer or City Police Department, or upon a citizen of the City signing a written complaint with the City Police Department, said Animal Control Officer or the City Police Department shall thereafter notify the owner or person having possession of such domestic animal, or the owner or occupant of the premises on which such domestic animal may be kept, that a complaint has been made. The person so notified shall immediately upon receipt of such notice abate the nuisance. F. Animal Waste: It shall be unlawful for any owner to allow a domestic animal to defecate on private property, without permission of the property owner, or any public street, sidewalk or park without properly disposing of such waste in a trash receptacle. G. Impoundment and Redemption Procedures : 1 . Impoundment: Any domestic animal found upon any public street or highway within the corporate limits of the City running at large shall be impounded and shall be boarded at any existing or available animal control facility. If such domestic animal shall not have been redeemed within five (5) days after being impounded, it shall be humanely dispatched in the manner prescribed in this Section. 6 2. Notice of Impoundment: Upon impoundment, the Animal Control Officer or the City Police Department shall notify the owner, if known, by telephone or mail, of such impoundment, and shall cite the owner of the domestic animal to answer charges of violation of this Chapter. 3 . Registry. The City Police Department or Animal Control Officer shall immediately upon impounding any dangerous or vicious domestic animal make a complete registry thereof, entering the breed, color and sex of such animal and whether licensed, if known; and if licensed, shall enter the name and address of the owner or keeper and the number of the license tag, if known, and if bearing an inoculation tag the number of such tag shall be recorded. 4. Adoption and Redemption of Domestic Animals; Fees: If the owner of any domestic animal impounded hereunder is unknown, such domestic animal shall be boarded for a period of five (5) days, and thereafter, if no claim has been made for such domestic animal, shall be humanely dispatched in accordance with this Section; or released to any person desiring to adopt said domestic animal upon payment of a fee to be specified by the Animal Control Officer, City Police Department, or the Kendall County Animal Control Department; said fees to be paid during normal business hours at the City Police Department or the Kendall County Animal Control Department. 5. Unclaimed Domestic Animals: Efforts shall be made hereunder to find suitable homes for any unclaimed domestic animals or domestic animals whose owners are unknown, either directly by the Animal Control Officer or with the assistance of the animal welfare league. 6. Method of Humane Dispatch: Whenever it shall become necessary to humanely dispatch a domestic animal, the method of humane dispatch shall be pursuant to the Humane Euthanasia in Animal Shelters Act (510 ILLS 72/1 et seq.). 7. Fees. The owner shall pay all fees charged for the impoundment of any animal under the provisions of this Chapter. 8 . Redemption of Domestic Animal Not Inoculated Against Rabies. Any impounded domestic animal which has not inoculated against rabies as required under this Chapter, shall not be released to its owner until the animal is properly inoculated. 9. Humane Dispatch When Rabies Suspected. In the event an authorized health officer determines that there is or exists the danger of rabies, any impounded animal so endangered may be destroyed after a period of twenty-four (24) hours of impoundment. 7 5-2-5: AGRICULTURAL ANIMALS: A. Agricultural animals are prohibited within the corporate limits of the City, unless they are confined within an enclosure on land zoned A- 1 Agricultural Zoning District, in accordance with Title 10, Chapter 9 of the City Code. 5-2-6: RESISTING OR INTERFERING WITH OFFICERS: It shall be unlawful for any person to molest, resist, interfere with, hinder or prevent any City Police Officer or Animal Control Officer, or person in the discharge of the duties or powers conferred upon them by this Chapter. Section 3. All ordinances or parts of ordinances conflicting with any of the provisions of this Chapter shall be and the same are hereby repealed. Section 4. 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 5. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH _ MARTY MUNNS ROSE ANN SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2009. Valerie Burd, Mayor ATTEST: Jacquelyn Milschewski, City Clerk 8