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City Council Packet 2009 02-24-09 0 Co- * o United City of Yorkville 800 Game Farm Road SST =~ ease Yorkville, Illinois 60560 0 I .i;: Telephone: 630-553-4350 ` Kr-C--,— Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, February 24, 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., March 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., March 12, 2009 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., February 26, 2009 City Hall Conference Room Presentations: City Council Meeting Agenda February 24, 2009 Page 2 --------------------------------------------------------------------------------------------------------------------------------------------—------------------------------------------- Public Hearings: ------------------------—------------------------------------- Citizen Comments: Consent Agenda: 1. ADM 2009-04 Monthly Treasurer's Report for October 2008 2. ADM 2009-05 Monthly Treasurer's Report for November 2008 3. ADM 2009-06 Monthly Treasurer's Report for December 2008 4. PW 2009-14 Water Department Report for November 2008 5. PW 2009-15 Water Department Report for December 2008 6. PW 2009-18 Saravanos Development— Letter of Credit No. 150017273-202 —authorize City Clerk to call Letter of Credit if it is not renewed prior to May 29, 2009 7. PW 2009-19 Caledonia(Phases I & 2) —Sitework Reduction #2 and Landscaping Reduction #1 - authorize reductions to the.following Old Second Bank Letters of Credit for sitework: LOC No. 2912 in an amount not to exceed$345,724.01 and LOC No. 2968 in an amount not to exceed S58,707.63; and authorize reductions to the.following Old Second Bank Letters of Credit.for landscaping: LOC No, 2927 in an amount not to exceed$81,284.85 and LOC No. 309000356 in an amount not to exceed$12,160.50; with all reductions subject to verification that the developer has no outstanding debt owed to the city,for this project 8. PW 2009-20 Raintree Village (Units 2-6) — Letter of Credit Expiration - authorize City Clerk to call the following Letters of Credit if they are not renewed prior to April 17, 2009:LOC No. FGA C-06117 for Unit 2 land improvements, LOC No. FGAC-06118 for Unit 3 land improvements, LOC No. FGA C-06108for Unit 4 sitework, LOC No. FGAC-05167,for Unit 5 sitework, and LOC No. FGA C- 0613 7for Unit 6 land improvements 9. PW 2009-21 Prairie Pointe—Final Acceptance and Letter of Credit Reductions - accept public improvements.for watermain and sanitary sewer, subject to receipt of hill ofsale; and authorize reduction to Castle Bank Letter of Credit No. 70002 73 791-901 in an amount not to exceed $28,792.67 with remaining amount of the letter of credit to he kept in place during the one-year warranty period for the watermain and sanitary sewer; and authorize reduction to Castle Bank Letter of Credit No. 70002 73 791-900 in an amount not to exceed$23,848.73 with the remaining amount of the letter of credit to be kept in place to guarantee the completion of seeding work 10. PW 2009-22 IDOT Agreement and MFT Resolution for Route 47/Baseline Road - authorize Mayor and City Clerk to execute 11. PW 2009-23 Ordinance Repealing Ordinance Nos. 2004-18 and 2008-85 and Amending the Code of Ordinances to Provide for Regulating Development in Floodplain Areas - authorize Mayor and City Clerk to execute 12. PW 2009-24 Fox Road LAPP —Agreements for Engineering, Federal Participation, and MFT Resolution - authorize Mayor and City Clerk to execute City Council Meeting Agenda February 24, 2009 Page 3 Consent Agenda (con't): 13. PW 2009-25 Supplemental MFT Appropriation Resolution to Purchase Salt- authorize City Clerk to execute 14. PC 2009-01 Ordinance Amending the Code of Ordinances Regarding Wind Energy Systems - authorize Mayor and City Clerk to execute Plan Commission /Zoning Board of Appeals: 1. ZBA 2008-09 Ordinance Approving a Variance for 604 and 620 W. Veterans Parkway Minutes for Approval (Corrections and Additions): Minutes of City Council—January 27, 2009 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: S 462,164.26 (vendors) $ 269,623.37 (payroll period ending 2/14/09) $ 731,787.63 (total) Reports: Mayor's Report: 1, CC 2009-14 Ordinance Establishing a Zoning Commission 2. CC 2009-09 Zoning Commission Appointments 3. CC 2009-15 Human Resources Commission Appointments 4. CC 2009-16 Resolution of Authorization to Participate in Illinois Department of Natural Resources Bike Path Program for the Kennedy Road Trail Improvements City Council Report: 1. CC 2009-17 Resolution Adopting the Provisions of the Illinois Whistleblower Reward and Protection Act City Attorney's Report: City Clerk's Report: 1. CC 2009-18 Resolution to Release Closed Session Minutes City Treasurer's Report: City Administrator's Report: City Council Meeting Agenda February 24, 2009 Page 4 Reports (con't): Finance Director's Report: Director of Public Works Renort: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer Report: Community& Liaison Report: Committee Reports: Public Works Committee Report: 1. PW 2009-12 Com2 E-Waste Recycling Agreement 2. PW 2009-26 Tree Replacement Program for the City 3. PW 2009-29 Resolution Modifying a Policy Regarding Procedure and Authority to Reduce Letters of Credit and Performance Bonds for Construction of Land Improvements Economic Development Committee Report: 1. No Report. Public Safety Committee Report: 1. PS 2008-46 Ordinance Amending the Code of Ordinances Providing for the Regulation of Fireworks 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. 2. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Adjournment: City Council Meeting Agenda February 24, 2009 Page 5 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 Chainnan: Alderwoman Spears Police Human Resource Comm. Vice-Chairman. Alderwoman Sutcliff Schools School District Committee: Alderman Werderich Public Relations KenCom Committee: Alderman Plocher ----- -----------------------_1 .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 YORKV ILLE WORKSHEET CITY COUNCIL Tuesday, February 24, 2009 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2009-04 Monthly Treasurer's Report for October 2008 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2009-05 Monthly Treasurer's Report for November 2008 ❑ Approved: Y N ❑ Subject to _ ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. ADM 2009-06 Monthly Treasurer's Report for December 2008 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2009-14 Water Department Report for November 2008 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes -------------------------------------------------------------------------------------------------....-------------------------------------- 5. PW 2009-15 Water Department Report for December 2008 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2009-18 Saravanos Development—Letter of Credit No. 150017273-202 ❑ Approved: Y _N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2009-19 Caledonia (Phases 1 & 2)-- Sitework Reduction #2 and Landscape Reduction #1 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes 8. PW 2009-20 Raintree Village (Units 2-6)— Letter of Credit Expiration ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2009-21 Prairie Pointe— Final Acceptance and Letter of Credit Reductions ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 10. PW 2009-22 IDOT Agreement and MFT Resolution for Route 47/Baseline Road ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 11. PW 2009-23 Ordinance Repealing Ordinance Nos. 2004-18 and 2008-85 and Amending the Code of Ordinances to Provide for Regulating Development in Floodplain Areas ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 12. PW 2009-24 Fox Road LAPP —Agreement for Engineering, Federal Participation, and MFT Resolution ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 13. PW 2009-25 Supplemental MFT Appropriation Resolution to Purchase Salt ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 14. PC 2009-01 Ordinance Amending the Code of Ordinances Regarding Wind Energy Systems ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes PLAN COMMISSION 1 ZONING BOARD OF APPEALS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ZBA 200$-09 Ordinance Approving a Variance for 604 and 620 W. Veterans Parkway ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. City Council—January 27, 2009 ❑ Approved ❑ As presented ❑ As amended ----------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: ----------------------------------------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2009-14 Ordinance Establishing a Zoning Commission ❑ 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 2009-15 Human Resources Commission Appointments ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2009-16 Resolution of Authorization to Participate in Illinois Department of Natural Resources Bike Path Program for the Kennedy Road Trail Improvements ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- CITY COUNCIL REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2009-17 Resolution Adopting the Provisions of the Illinois Whistleblower Reward and Protection Act ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- CITY CLERK'S REPORT: 1. CC 2009-18 Resolution to Release Closed Session Minutes ❑ Approved: Y N o Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2009-12 Com2 E-Waste Recycling Agreement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2009-26 Tree Replacement Program for the City ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2009-29 Resolution Modifying a Policy Regarding Procedure and Authority to Reduce Letters of Credit and Perfomance Bonds for Construction of Land Improvements ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY COMMITTEE REPORT: 1. CC 2005-46 Ordinance Amending the Code of Ordinances Providing for the Regulation Fireworks ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ------------------------------------------------------------------------------------------------------------------__--------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- C/T` Reviewed By: Agenda Item Number o J 1 ,I-IX; -r+ Legal ❑ EST. �. 1 ] 183$ Finance ❑ Engineer ❑ Tracking Number 0 ��.�,,. City Administrator ❑ Consultant ❑ ADM 2009-04 2 1 LI.E �y�• Agenda Item Summary Memo Title: October Treasurer's Report Meeting and Date: City Council—2/24/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rachel Wright Finance Name Department Agenda Item Notes: O %0 v1 0 0 w O w 0 7 n b O n 'n 01 qt O m 10 ce e e o r r•+ N N 0 7 0 7 b N " 10 0 v 0 " m 01 r1 p1 r'1 0% 'n b 1a T O rn m .-r O n O v1 m M 1O ' oo N O ci h b h - O r W 'n V 10 N O '/'f rr N R � W .-� m rb N N y r1 O m kn K m r1 N N O N '•f r [n in m b .-. N n N � � r� n rtrl - twbdm %ar - 0 a Q n N m 0 0 flO v O N r m h U w 1a m Ot vn r %0 O r1 'et O 'n O m n N n C v m h n rn O Q Q r1 N VY n N '/'1 O r1 N ON N v r•r .-� Oi n rf r% N m r1 D\ n V1 O W N +-�0� np ep N •r t-: N m m r1 •-: m 14 v w'1 r O n r'1 %D N b .-» m M -• N fn oo N 'n la V rl fs. w W "+ r Q a �C d b m O m O t rti m m no %a T st O rr }a i� u e ,y y n n N N O V O � O N m m m 0 6 v1 O T N h 10 t 0 y O r C� 'n O +-� O Q: 4 V1 rl 1 0 v1 m e,1 'o ' m S N m r1 n r1 m %0 -n O r~ %D � vi t a 7 V M M N '+W S r m r 01 Qi «•� m y rl •--� O rt m 1a .- m n c 10 N c r r1 v1 N � r 10 th M ir1 � 1a b aN •--� � ri r+ •-• N Nt' � 3 N rr't O n6 0 0 0 6 T p v1 •--� 10 O m •--' m 10 r+ v .J e a o 0 n m V h h .�-i d rn O M N 10 r .-. r•1 v --� rn 01 t N N O Y N •--' 0L m Ow rrY rr'1 °+ m %a N O W r1 .•. rn N r o m r,� rn C In yr O ff.+ rN•1 t�� h 10 01 n nq ~ O n n •p o m O Y'1 y n N N M ? N d r: a 'r5 b r as � Pl 0~i T h 10 10 01 rl m N r a a a � r N N n v5 Ll r •--' a1 rn m v1 m O v N N O rr•1 O N m N -� rn N m a: b N a R 1D N -• •p b N +� rn W w N m r1 y t+ N m vi n 0 m 0 m ri n N m O t- C. Q C_ C, m `-� N N u N 16 N N •-• r no m r en 0, O rni O N 'Sy l rl r1 v N N v N v `•' '7 m m v n0 C O N Y N o s N v N W, m Cd M rn Cl O N 01 10 rn O -_� 0 N M V 'n 'n N V �a y �O r1 h t T r1 m ♦r h b O l0 r1 r1 m n rn 'n 1G N n U m O r O 01 O T u O W ry N 10 ri �O a0 10 W -. s1 rri v O R T Oi .• 0• V q %D [V m O m �p m b N h X y 1 � a H .5 o u � m do N 01 n 0 0 0 O O m N m 0% 'n r7 %D r m r u m °o\o eo y, 'J h n n m O oo O r C 01 m m m N m & b N N y y O 01 O «-. tO r1 r1 h ' N 'n n w 1G n rn N oc f� Oi %C 4 m G O c C <t r7 W •� a n m Ok vre�il d W vi 1a r�i r1 O� 10 O Q vi O -+ rV L i rt r N 'NV N ~ -� 1D C3 b 0 N � r•f N m oo Do r4 m m N n n m r+r oo v1 01 1p da y r/7 rn 1'•�v f� n r N v1 'n m \O Vl rn --� m N �D n r1 N �-' •-• rl r C r.r 1+ t �a m 10 b O_ v1 'et N 10 O r O 01 -� �' 00 o m t N •C ado v M v N N v `••�O r'1 w m 7 n V O N r1 al•u m N v 'r'i � N N N � LL O 09 O o = •Q, V ? yy ?? pU bA � � �-• � j L L L. cd 7 e Q td w n• u f-r �u C c f rL CL m `A G7 y C v 44 r4 a, a. n. U [� 3r.� aa. x ,...4c2d0 E' �- 3 •-• N Y1 �O O N rl N N N 01 O N h r 00 to O ,-� •-• '• .-• N N N N le 'r'1 'n r� h oa a0 00 o0 00 m Reviewed By: Agenda Item Number _ O Legal ❑ A Finance ❑ est: 1836 Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑ ADM 2009-05 ALE `y�� ❑ Agenda Item Summary Memo Title: November Treasurer's Report Meeting and Date: City Council --2/24/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken- Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rachel Wright Finance Name Department Agenda Item Notes: O b n O O m O m O r O O n n M a O m %D e e o n M1 N N o 0 st O N n %a O H O r' n O+ C% m Ln r m 0 n m 0� n C �D D+- v �/'� CR. --L O V'1 O in m M b m m 0\ n n O r oa �n ♦t O N 7 tr r' �r Q — N v d W W n 0 w N O c4 N %n O N n m - O h m of m m 'd ♦0 o a e b 4+ d ° a �C �D Vl M1 ..• m �D o0 n o0 O N N vi b r a O O k'1 r +--� i+ W Do m i'� m m m b O+ m ri O - m N n n m m b m b m v m m N m m V N v M m b "3 9 Z'i a O �D Vs O O m O m O m m Or m b O m b e o n n N eV q O V O N m am ado 0% O n m m N ? � v N N O $ ti c^ e� o: n o o TT o v+ m n o . a r "C oa '! y m r o en n y d o b N °o ri oba ' m n e vAm 'n b ° -26 ° vN k, 9 > n �D -� m m e oo n %D n a w u rq m ri N 5 � O N O 10 N m Ch u1 m �O m w m of .a � a e o ND\ N O O n 0 0 b n in O m 7 N r - % 0 0 - m a v n a: r% m v n o e1 -� n �O u� n .5 oo ��OO o .o r � oo M � � � oo n �o M m cc �o kn O — N D\ m b ° m n rh $ ° N -� 7 N > N .. N N 'Q n O N �--� N m 0 3 Z G 00 r e�i n m v �D m o G� Q+ CI n m N n T n b .• O m n �D b oo r- D• a'i op cc v n 4 m n CL 7 n ^' N O CL e-;, T Q` ^ � r O a p O T O O+ h0 u N a N %n m r- v'i �D OD ..•: O m vi .-; m kn 0% N O - Ci ea M1 N v cV N a.� v m � N v1 G N 0% U u a7 W I� rj CU rj EE ri m n m D o v o 0 n M1 v, cc n n o, n o a a In h m b m r oo cc v n � Le n eo o m m w m n .r a e-� In c� o > L v w •-• � T -� O� %o -n%0 0% N C3 'V' N Q; . oa o �. N u O O vl CD N %C N_ n %D r- r N %Q ..yw z U O x W .5 d O � T N n b a m o N o n m r N m m m m N b n N U o o a o ril ~ N b m � -n n O N O m N O+ 0, 'C m Q 'o O O N 'O m to 0, �a m m a -+ %C m O M1 v N m 'J m -+ r7 n v � N M +e'i oC N N a N '^" 0± h b N b N st d N as M N �0 O zap N v 00000 rn o\o e°\a n N N n In n r D% m n Y1 P O It N N pp h O N m N Vl N m a b N 0` C C ON+ av ri -N-. N CNV 00 Y1 r v N N F em'1 try eN'1 T O er'l o 'a O cVl �a .a N m v N N v c l --. h N O w Z im U � a c o 'm 4-3 7 C13 '� W •� �. p W vai CO co u V a�iU C u p a�A b ° o coo b a, El a b a d xo r- ° 0 wrn UAE 3 a N N C O N h q0 v1 O •-• •-• •-• N N N N to l+ h op o0 00 00 w 0% �,��O CI Reviewed By: Agenda item Number 2 O Legal ❑ L . EST 1836 Finance El Engineer ❑ Trackin g Number CO City Administrator ❑ tj Consultant ❑ ADM 2009-06 <L E Agenda Item Summary Memo Title: December Treasurer's Report Meeting and Date: City Council—2124109 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Colleen Sullivan Finance Name Department Agenda Item Notes: o QW, n momovnoorvlD vOm ,D o g e e n n N N V S V' O N vl o V' $ ^ vl O, 4, m v„a v o V u �= ' a u 12 o vl00 0 " v: w m ,D m mrm. m ^ ,G ul 7 C M1 m in ,D N G -n m N r - W -- m F p+ a - v p m -- O m kn , vl a m N N O N V' n m W) N OO r^ ,D - m m - ,D O O m ,D r - a � N a w N N m O O N O rn m eO p In n D, r r m m N r a e o m v a, b v 0 •D D, r N O q %0 , p. m O 'D Ul m h 'r N N K�7 Q h m m Yl C- O N O I± D� m m O� Y7 r l m n N O+ rri ,D p+ O a h,D Yl 0o m m ,O O vi In V' N �--� w v1 N m " m m r M1 00 n N V• a Q m O V' N >+ o N m m v o?OO � a m p, - n rq a � 9 O O ,O Ln O Q m O O V' m m a\ m ,D O+ V' O m , N ,g CG R O O r M1 N N 0 O N o0 m m p, 0 -- 'el O, p+ f m pr V1 O O h "t m V�h O v1 m r'�,p •� m N >n O, - ,d vl v o n,D $ nl r j 4 m m N v � ,o _ -,, � m - pq aci m - O m m - m r ,D N o r m �l Q N - b• ry r. m a N N v� f" 'G m h m p, r o m p N ,O N m m N n �q a m m o o v o r wl m ,D O ,D O n O vl m C, w Ln n n m -- v 9 00 a LA O m O, ,D O m m N, h 'Q t' t% m v7 ,,,��DDDOOO r+t r - - I- N .0 00 G a O a, ,O ,O ,/5 m ,D M1 N 4Y N N O m Ch 1!� 4n 0 E' p Q T p, -• U ,D - w'f N m m -- vl ,O ,D V' N r m y 0 m r m m a] m ^ N N ,D 00 (� N N N 00 In # c a " t n' ^ ,a ry 09 S CJ O m O a a O 'n N 00;n O, ,D vl O ,O m r N 'v' ,D M1 o 0 0 a• P r ON N N m vl n N m O n p+ V' p, vl m m 00 00 v Q O bl O N N -- m Y1 r O, V: O N r� r - aO a, p, m O o '- -- OC [- m N V1 '? a ^ N N wl N m ,D N,O o0 r N W ^ V' 00 vl o ^ cam[ 00 N N m O, Vf Cl -- -n a, --� �- ,D r O N 7 r'i N t' N v tV [4 "m ,O p, m - .� m h N m C C as a r: vl v V N m V ,$ U G' vy ry m r v ,O N -n N o O m O �+ m vl V �A ,O in N qn r m �n Ln m v1 v1 .D rJ C 0a 'n O, W ,� G� C. C� y m i y� ' ' m 4, m Ln m %C N O+ N N -- V C v N m wl ,6 Oc N d 1- N o` O m ,D to V F.y �.7y - - m N m m m V LA m p (y N r E a rn m eT �D m v v R go ,p m p y O O O O N ,D ' m m m -- m Vl m m o C 0 o � � ,D 0 0 0 t'f F V' - p, m ,p N -� m m °1 � oo � 00 00 3 Om, ^ ri�°, Q n N m r V' V' O N vl ,O C O y m O, n VO+ ^ - N ry � N v V' N rri 00 O C O 'C O � 0 >,w L C rrl hmvwmrvomn,D '�r CDwCDCO, m � - o o n o p, a, ,n m N v1 a ,n o m vl m ,D ,D OO r o v u r m nc � e0r: ov ,n :% --I a no c r N n D C v N p, N ^ In ry _F L'i,D o0-- O ri vi d v -m 4l m N O m vi N N ,n T N m ,D - ,D n �n m ' ^, C5 N p a N vl N N r N v1 O N O, Y W. m 80 u o ° d ro A CA Q o a` m y cG E a m b Q ° V} m u C.7 U y r C S ^fl Fp-' d4 ° o m COO s C7urAa� aa�. U � 3ri � aJtiUOF� F Q m 3 � ° m N ,-" N N a, O N vl r 00 vl O -- --� --� -µ N N N N V' Ul F r m 00 00 00 00 a, C�Ty 4� United City of Yorkville PN orb09 I� �. WATER DEPARTMENT REPORT NOVEMBER 2008 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FE FE GALLONS 3 1335 501 204 0 4 1393 542 188 0 7 1500 883 554 11,177,900 8 1500 861 476 55,000 9 1500 1125 577 29,537,000 TOTAL 40,769,900 CURRENT MONTH'S PUMPAGE IS 8,136,700 GALLONS LESS THAN LAST MONTH 2,859,100 GALLONS LESS THAN LAST MONTH DAILY AVERAGE PUMPED: _ 1,160,200 GALLONS DAILY MAXIMUM PUMPED: 1,647,500 GALLONS DAILY AVERAGE PER CAPITA USE: 77.3 GALLONS WATER TREATMENT CHLORINE FED: 1252.8 LBS. CALCULATED CONCENTRATION: 4.1 MG/L FLUORIDE FED: 498.4 LBS. CALCULATED CONCENTRATION: 0.28 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE: 3 SAMPLE(S)TAKEN CONCENTRATION; 1.5 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 7 NUMBER OF LEAKS OR BREAKS REPAIRED: 5 NEW CUSTOMERS RESIDENTIAL: 11 COMMERCIAL: 0 IN DUSTRIAL/GOVERNMENTAL: 0 COMMENTS TOAL OF 5 BREAKS THROUGHOUT THE TOWN IN THE MONTH OF NOVEMBER. 2,525,000 GALLONS OF WATER LOST DUE TO MAIN BREAKS. CPS �5 c,r,T United City of Yorkville ?01 00a -15 WATER DEPARTMENT REPORT LE � DECEMBER 2008 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FE FE FEET GALLONS 3 1335 501 202 1,856,000 4 1393 542 190 5,333,000 7 1500 883 554 5,749,900 8 1500 861 477 106,000 9 1500 1125 577 29,215,000 TOTAL 42,259,900 CURRENT MONTH'S PUMPAGE IS 1,490,000 GALLONS MORE THAN LAST MONTH 1,300,900 GALLONS MORE THAN LAST MONTH DAILY AVERAGE PUMPED: 1353,500 GALLONS DAILY MAXIMUM PUMPED: 2,491,100 GALLONS DAILY AVERAGE PER CAPITA USE: 90.2 GALLONS WATER TREATMENT CHLORINE FED: 1178 LBS. CALCULATED CONCENTRATION: 2.9 MG/L FLUORIDE FED: 549.7 LBS. CALCULATED CONCENTRATION: 0.25 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 1.05 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 7 NUMBER OF LEAKS OR BREAKS REPAIRED: 3 MXU'S 2 NEW CUSTOMERS RESIDENTIAL: 9 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS TOAL OF 3 MAIN BREAKS IN DECEMBER. THE BREAK ON RIVER ROAD HAD 3 BREAKS IN THE 10' HOLE. 1,900,000 GALLONS OF WATER LOST DUE TO MAIN BREAKS. THE WATER TOWER AT 610 TOWER LANE WAS PUT BACK IN SERVICE. `Ato C/py Reviewed By: Agenda Item Number ❑ �� [� J 0 Legal � esr _° Visas Finance ❑ .` � Engineer ■ Tracking umber < !'a ` y City Administrator F1 g �3 CAW �O Consultant ❑ PW 2009-18 %en46 Ca:•:r <L E Agenda Item Summary Memo Title: Saravanos Development—Letter of Credit No. 150017273-202 Meeting and Date: City Council --2124109 Synopsis: The sitework letter of credit is due to expire on June 14, 2009. Recommend authorizing the City Clerk to call the LOC if it is not renewed. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize the City Clerk to call the Letter of Credit if it is not renewed by May 29, 2009. Submitted by: Joe Wywrot Engineering Name Department Agenda item Notes: Memorandum EST. '� =� 1836 To: Brendan McLaughlin, City"!Sat r - p From: Joe Wywrot, City Engineer p9 p` CC: Lisa Pickering, Deputy City Zrk Date: February 6, 2009 Subject: Saravanos Development—Sitework Letter of Credit Expiration First Midwest Bank Letter of Credit#150017273-202 Attached find a notice from First Midwest Bank dated January 30, 2009 that the sitework letter of credit for the Saravanos development will expire on June 14, 2009. This letter of credit, in the amount of$193,573.88, guarantees satisfactory completion of all land improvements for this development with the exception of earthwork and Route 47 improvements. I will notify the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime,however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to May 29, 2009. Please place this item on the Public Works Committee agenda of February 17, 2009 for consideration. First Midwest Bank 300 North Hunt Club Road j\ Gurnee,Illinois 60031 ,F First Midwest ORIGINAL 7"" W NUPO January 30, 2009 Sent by Certified Mail,Return Receipt Number 7002 3150 0006 1812 9393 City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, Illinois 60560 Re: First Midwest Bank Letter of Credit No. 150017273-202 Saravanos Properties, LLC Gentlemen: In accordance with the terms and conditions of the above referenced Letter of Credit issued in your favor in the current amount of $193,573.88, we hereby inform you of the impending expiration date of June 14, 2009. Sincerely, Evangel' a Patricio Loan Operations Officer cc: Saravanos Properties, LLC Brian Minnis f2r DrVUai NOFxausmc R Member FDIC `,��OD c/% Reviewed By: Agenda Item Number 0 Legal ❑ L Finance F1 EST. �,� leas Engineer 1,,�~ City Administrator ] Tracking Number 4 s rator Consultant ❑ PW 2009-19 It E Agenda Item Summary Memo Title; Caledonia (Phases I & 2) — Sitework Reduction #2; Landscaping Reduction #1 Meeting and Date: City Council —2/24/09 Synopsis: These four letter of credit reductions are based on work completed to date. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: 0 Memorandum ESL 1836 To: Brendan McLaughlin, City Aftinistrathr o � From: Joe Wywrot, City Engineer ;A CC:CC: Lisa Pickering, Deputy City rk np ALE 1 Date: February 10, 2009 Subject: Caledonia(Phases 1 & 2) Sitework LOC Reductions No.2 Landscape LOC Reductions No.l Attached find a request from the Caledonia developer's project manager to reduce the sitework and landscaping letters of credit based on work completed to date. I have reviewed the request and in general concur with estimate of substantially completed work. There were some minor differences in the calculations, however, which are detailed below: Phase 1 Sitework The developer requested a 70%reduction for several erosion-control items. Our policy is to not reduce erosion-control items below 50%until final acceptance. There was also an addition error in the developer's calculations. Phase 2 Sitework There was a minor math error in the developer's calculations. Phase 2 Landscaping The original letter of credit did not guarantee the landscaping of Lot B,which is an open-space lot along the east side of the development where a swale is located. The developer agreed to landscape that lot and to incorporate the value of that work in the first LOC reduction request. The submitted calculations, however, did not include Lot B. After making the adjustments/corrections described above, I recommend reductions to the four Caledonia letters of credit from Old Second Bank as follows: LOC No. For Current Amount Reduction Remaining Amount 2912 Ph.1 Sitework $1,091,488,36 $345,724.01 $745,764.75 2927 Ph.1 Landscaping $ 138,436.65 $ 81,284.85 $ 57,151.80 2968 Ph.2 Sitework $ 420,220.08 $ 58,707.63 $361,512.45 309000356 Ph.2 Landscaping $ 82,027.00 $ 12,160.50 $ 69,866.50 Please refer to the attachments for details. Please place this reduction request on the Public Works Committee agenda of February 17, 2009 for consideration. 10-Feb-09 Letter of Credit/Bond Reduction Subdivision: Caledonia Subdivision - Phase 1 Sitework Reduction No. 2 Bond/LOC No. Old Second Bank- LOC#2912 Theoretical LOC/Bond Approved Original amount Bond amount Amount complete prior Amount of Amount to remain Item En-q. Est. for LOC/Bond prior to Red.#2 to Reduction No.2 Reduction No.2 after Red. No.2 Demolition $10,000.00 $11,000.00 $1,500.00 $10,000.00 $0.00 $1,500.00 Erosion Control $101,005.00 $111,105.50 $89,036.05 $83,692.75 $57,438.66 $31,597.39 Excavation $1,021,131.50 $1,123,244.65 $180,339.73 $1,008,531.50 $15,200.01 $165,139.73 Storm Sewer $949,242.50 $1,044,166.75 $142,386.38 $949,242.50 $0.00 $142,386.38 Pavement $885,280.00 $973,806.00 $559,969.00 $723,078.25 $273,085.34 $286,883.66 Watermain $415,495.00 $457,044.50 $62,324.25 $415,495.00 $0.00 $62,324.25 Sam $372,889.00 $410,177.90 $55,933.35 $372,889.00 $0.00 $55.933.35 Totals $3,755,043.00 $4,130,547.30 $1,091,488.76 $3,562,929.00 $345,724.01 $745,764.75 Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. c) Pavement also includes sidewalk&streetlighting. d) Landscaping covered by separate LOC. SPACECO, INC. FILE NAME:SPACECOFinalCostEsti atePhasel.B K.01I106. l Engineer's Opinion of Probable Construction Cost UNIT ITEM ONTY UNIT PRICE AMOUNT A. Demolition & Debris Removal 1. CLEARING AND GRUBBING 1.0 L.S. $10.000.00 $10,000.00 A. Demolition & Debris Removal Sub-Total= $10,000.00 1 B. Soil Erosion Sediment Control 1. SILT FENCING 9,190 L.F. $2.00 $18,380.00 -�° 2. STABILIZED ENTRANCE 2 EACH $2,000.00 $4,000.00 - 3. EROSION CONTROL INLET 45 EACH $50.00 $2,250.00 4. STRAW BALE DRAINAGE STRUCTURE 73 EACH $50.00 $3,650.00 5. EROSION CONTROL OUTLET 7 EACH $500.00 $3,500.00 6. OVERFLOW DITCH SEEDING AND BLANKET 1,950 L.F. $25.00 $48,750.00 7. SEEDING-LOTS A AND D 5.72 AC. $2,250.00 $12,870.00 8. SEEDING-PARKWAYS 3.38 AC. $2,250.00 $7,605.00 I('q-1.T B. Soil Erosion Sediment Control Sub-Total = $101,005.00 ��t� C. Excavation 1. TOPSOIL STRIP TO STOCKPILE FOR RESPREAD 27,093 C.Y. $2.00 $54,186.00 cm 2. TOPSOIL STRIP TO STOCKPILE 108,530 C.Y. $2.00 $217,060.00 3. RESPREAD PARKWAYS 6" RESPREAD 2,800 C.Y. $4.50 $12,600.00 ' ° 4. RESPREAD LOT A, LOT D, SOUTH OF LOT D 6" RESPREAD 8,000 C.Y $2.00 $16,000.00 5. CLAY CUT TO FILL 226,526 C.Y. $2.25 $509,683.50 ` 6. CLAY CUT TO STOCKPILE 29,585 C.Y. $2.00 $59,170.00 7. OVERFLOW DITCH CONSTRUCTION 1,950 L.F. $65.00 $126,750.00 8. FINE GRADE ROADWAY 22,420 S.Y. $0.60 $13,452.00 9. BACKFILL CURB 12,230 L.F. $1.00 $12,230.00 C. Excavation Sub-Total = $1,Q 50 *\ n5&J D. Drainage Improvements 1. STORM SEWER, RCP, CL IV 54" 785 L.F. $100.00 $78,500.00 2. STORM SEWER, RCP, CL IV 48" 346 L.F. $75.00 $25,950.00 3. STORM SEWER, RCP, CL IV 42" 1,691 L.F. $65.00 $109,915.00 4. STORM SEWER, RCP, CL IV 36" 984 L.F. $50.00 $49,200.00 5. STORM SEWER, RCP, CL IV 30" 1,247 L.F $40.00 $49,880.00 Template Page i of 5 SPACECO, INC. FILE NAME:SPACECOFinal CostEstimatePha se1.8SK.01110606} Engineer's Opinion of Probable Construction Cost UNIT ITEM ONTY UNIT PRICE AMOUNT 6. STORM SEWER, RCP, CL IV 27' 601 L.F. $37.50 $22,537.50 7. STORM SEWER, RCP, CL IV 24' 418 L.F. $35.00 $14,630.00 8. STORM SEWER, RCP, CL IV 21" 806 L.F. $30.00 $24,180.00 9. STORM SEWER, RCP, CL IV 18, 1,910 L.F. $25.00 $47,750.00 10. STORM SEWER, RCP, CL IV 15" 2,880 L.F. $22.50 $64,800.00 11. STORM SEWER, RCP, CL IV 12" 1,848 L.F. $20.00 $36,960.00 12. STORM TRENCH BACKFILL >18" DIA. 290 L.F. $50.00 $14,500.00 13. STORM TRENCH BACKFILL X18' DIA. 945 L.F. $12.00 $11,340.00 14. STORM MANHOLE 120' DIA. 1 EACH $11,500.00 $11,500.00 15. STORM MANHOLE 108' DIA. 3 EACH $9,000.00 $27,000.00 16. STORM MANHOLE 96' DIA, 1 EACH $7,000.00 $7,000.00 17. STORM MANHOLE 84" DIA. 2 EACH $5,000.00 $10,000.00 1B. STORM MANHOLE 72' DIA. 11 EACH $3,500.00 $38,500.00 19. STORM MANHOLE 60' DIA. 15 EACH $2,500.00 $37,500.00 20. STORM MANHOLE 48' DIA. 4 EACH $1,500.00 $6,000.00 21. CATCH BASIN 84" DIA. 1 EACH $6,000.00 $6,000.00 22. CATCH BASIN 72" DIA. 1 EACH $4,000.00 $4,000.00 23. CATCH BASIN 60" DIA. 29 EACH $3,000.00 $87,000.00 24. CATCH BASIN 48' DIA. 54 EACH $2,250.00 $121,500.00 25. INLET 24" DIA. 30 EACH $500.00 $15,000.00 26. FLARED END SECTION, W/GRATE 42" 2 EACH $1,900.00 $3,600.00 27. FLARED END SECTION, W/GRATE 36" 1 EACH $1,500.00 $1,500.00 28. FLARED END SECTION, W/GRATE 30" 1 EACH $1,350.00 $1,350.00 29. FLARED END SECTION, W/GRATE 18" 1 EACH $800.00 $800.00 30. FLARED END SECTION,W/GRATE 15" 1 EACH $700.00 $700.00 31. STORM SERVICE, PVC SDR 26 6' 73 EACH $250.00 $18,250.00 32. CONNECT TO EX. CB/MH 2 EACH $850.00 $1,700.00 D. Drainage Improvements Sub-Total= $949,242.50 lo' Template Page 2 of 5 SPACECO, INC. FILE NAME:SPACECOFi nalCostEstima lePhasel.BSK.011106.oxis I Engineer's Opinion of Probable Construction Cost UNIT ITEM QNTY UNIT PRICE AMOUNT E. Roadway Improvements 1. BITUMINOUS SURFACE COURSE 1.5', CL 1 18,345 S.Y. $3.50 $64,207.50'v 2. BITUMINOUS SURFACE COURSE 1.5", CL 1 18,345 S.Y. $3.50 $64,207.50 - �v'�• 3. BITUMINOUS BINDER COURSE 5.0', CL 1 18,345 S.Y. $9.50 $174,277.50 4. AGGREGATE BASE,TYPE B 4' 18,345 S.Y. $4.50 $82,552.50 1�1- 5. GEOTEXTILE FABRIC SUBGRADE FABRIC 22,420 S.Y. $1.25 $28,025.00 6. CURB &GUTTER, (w/AGGR) B-6.12 12,230 L.F. $11.50 $140,645.00 7. PCC SIDEWALK 5'THICK, ON 2' CA-6 53,710 S.F. $3.50 $187,985.00�r�S'� 8. PCC SIDEWALK ACROSS DRIVEWAY 6"THICK, ON 2' CA-6 7,440 S.F. $4.00 $29,760.00 9. STREET LIGHTING COMPLETE 23 EACH $4,500.00 $103,500.00-`vO 10. REMOVE EX. CUL-DE-SAC PAVEMENT 850 S.Y. $9.00 $7,650.00 11. REMOVE EX. CUL-DE-SAC CURB AND GUTTER 3130 L.F. $6.50 $2,470.00 r E. Roadway Improvements Sub-Total= $8 .00 -f-)z3/a 6177 c.w� F. Watermain Improvements 1, FIRE HYDRANT W/AUX. VALVE AND Bt 30 EACH $2,000.00 $60,000.00 2. WM. DI CL 52 W/FITTINGS 16' 880 L.F. $50.00 $44,000.00 3. WM, DI CL 52 W/FITTINGS 12" 1,800 L.F. $39.50 $71,100.00 4. WM, DI CL 52 W/FITTINGS 8" 6,040 L.F. $25.50 $154,020.00 5. WATER SERVICES, WIB-BOX 1'-LONG 25 EACH $875.00 $21,875.00 6. WATER SERVICES,WB-BOX 1'-SHORT 48 EACH $375.00 $18,000.00 7. VALVE 16' IN 60' VAULT 2 EACH $3,000.00 $6,000.00 6. VALVE 12' IN 60' VAULT 3 EACH $2,400.00 $7,200.00 9. VALVE 8' IN BOX 18 EACH $1,100.00 $19,800.00 10. PLUG AND BLOCK STUB 2 EACH $250.00 $500.00 11. CONNECT TO EXISTING 2 EACH $500.00 $1,000.00 12. WM TRENCH BACKFILL LINEAL FOOT 800 L.F. $15.00 $12,000.00 F. Watermain Improvements Sub-Total= $415,495.00 � / SO G. Sanitary Sewer Improvements 1. SANITARY SEWER, PVC SDR 26 10', 10'-15' DEEP 433 L.F. $30.00 $12,990.00 2. SANITARY SEWER, PVC SDR 26 8", 15'-20'DEEP 256 L.F. $34.00 $8,704.00 3. SANITARY SEWER, PVC SDR 26 8', 10'-15' DEEP 4,590 L.F. $28.00 $128,520.00 4. SANITARY SEWER, PVC SDR 26 8", a10' DEEP 1,971 L.F. $25.00 $49,275.00 Templale Page 3 of 5 SPACECO, INC. FILE NAME:SPACECOF1nalCostEstlmatePhasel.BSK.011106.xls 1/13/20061 Engineer's Opinion of Probable Construction Cost UNIT ITEM ONTY UNIT PRICE AMOUNT 5. SANITARY MANHOLE, TYPE A 48" DIA, 15'-20' DEEP 1 EACH $3,000.00 $3,000.00 6. SANITARY MANHOLE, TYPE A 48' DIA, 10'-15' DEEP 25 EACH $2,500.00 $62,500.00 7. SANITARY MANHOLE, TYPE A 48' DIA, X10' DEEP 10 EACH $2,000.00 $20,000.00 8. SANITARY SERVICES LONG 46 EACH $1,250.00 $57,500.00 9. SANITARY SERVICES SHORT 27 EACH $550.00 $14,850.00 10. SANITARY TRENCH BACKFILL > 15' DEEP 45 L.F. $40.00 $1,B00.00 11. SANITARY TRENCH BACKFILL 10'-15' DEEP 265 L.F. $30.00 $7,950.00 12. SANITARY TRENCH BACKFILL X10' DEEP 240 L.F. $20.00 $4,800.00 13. CONNECT TO EX. MANHOLE 1 EACH $1,000.00 $1,000.00 G. Sanitary Sewer Improvements Slab-Total = $372,889.00 SUBTOTAL= $3,755,043.00 10% CONTINGENCY= $375,504.30 TOTAL= $4,130,547.30 a U i l'7 104 Page 4 of 5 Template 10-Feb-09 Letter of Credit/Bond Reduction Subdivision: Caledonia Subdivision - Phase 1 Landscaping Reduction No. 1 Bond/LOC No. Old Second Bank-LOC#2927 LOC/Bond Approved Original amount LOC Amount Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond Prior to Red.#1 to Reduction No.1 Reduction No.1 after Red. No.1 Shade Trees $89,530.00 $98,483.00 $98,483.00 $49,241.50 $46,779.43 $51,703.58 Ornamental Trees $4,320.00 $4,752.00 $4,752.00 $4,320.00 $4,104.00 $648.00 Evergreen Trees $9,200.00 $10,120.00 $10,120.00 $9,200.00 $8,740.00 $1,380.00 Deciduous Shrubs $5,376.00 $5,913.60 $5,913.60 $5,376.00 $5,107.20 $806.40 Evergreen Shrubs $350.00 $385.00 $385.00 $350.00 $332.50 $52.50 Perrenials $1,012.00 $1,113.20 $1,113.20 $1,012.00 $961.40 $151.80 Miscellaneous $16.063.50 $17.669.85 ;17.669.85 $16,063.50 $15,260.33 $2.409.53 Totals $125,851.50 $138,436.65 $138,436.65 $85,563.00 $81,284.85 $57,151.80 Notes: a) LOC/Bond amt. to be 15%of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10%at final acceptance. c) Pavement also includes sidewalk& streetlighting. d) Landscaping covered by separate LOC. CALEDONIA September 12,2005 Yorkville,Illinois Page 1 of 3 Wyndham Deerpoint Cost Estimate for Landscape Work. Landscape Plan dated 9116105 Key Ouantity Botanical/Common Name Size Remarks Cost Extension SHADE TREES AF 43 Acer freemanii 2 112" Cal. 400.00 17,200.00 AUTUMN BLAZE MAPLE CO 36 Celtis occidentalis 2 112" Cal. 390.00 14,040.00 COMMON HACKBERRY GT 37 Gleditsia triacanthos inermis'Skyline' 2 112"Cal. 390.00 14,430.00 SKYLINE HONEYLOCUST QB 27 Quercus bicolor 2 112"Cal. 390.00 10,530-00 SWAMP WHITE OAK SS QM 12 Quercus macrocarpa 2 112"Cal. 390.00 4,680.00 BUR OAK TC 27 Tilia cordata'Greenspire' 2 112" Cal. 390.00 10,530.00 GREENSPIRE LINDEN TC4 8 Tilia cordata'Greenspire' 4" Cal. 900.00 7,200.00 GREENSPIRE LINDEN UR 28 Ulmus carpinifolia'Regal' 2 112" Cal. 390.00 10,920.00 REGAL SMOOTHLEAF ELM ORNAMENTAL TREES AM l0 Acer ginnala 6'Tall Clump Form 270.00 2,700.00 AMUR MAPLE BN 6 Betula nigra 6'Tall Clump Form 270.00 1,620.00 RIVER BIRCH LProjecu5l_cog ea[imnesl FN0421 Phil CE02 xh CALEDONIA September 12,2005 Yorkville,Illinois Page 2 of 3 Wyndham Deerpoint Cost Estimate for Landscape Work. Landscape Plan dated 9116105 Ulm,. Key Ounntity Botanical/Common Name Size Remarks Cost Extension EVERGREEN TREES AC 3 Abies concolor 8'Tall 400.00 1,200.00 WHITE FIR PG 13 Picea glauca'Densata' 8'Tall 400.00 5,200.00 BLACK HILLS SPRUCE PP 7 Picea pungens 8'Tall 400.00 2,800.00 GREEN COLORADO SPRUCE DECIDUOUS SHRUBS CA 63 Cotoneaster acutifolius 30"Tall 4'0.C. 32.00 2,016.00 PEKING COTONEASTER VD 105 Viburnum dentaturn'Chicago Lustre' 30"Tall 51 O.C. 32.00 3,360.00) CHICAGO LUSTRE VIBURNUM EVERGREEN SHRUBS JS 10 Juniperus chinensis'Sargentii' 24"Wide 31 O.C. 35.00 350.00 1%2* U GREEN SARGENT JUNIPER 6"Tall PERENNIALS AND ORNAMENTAL GRASSES HS 18 Hemerocallis'Stella de Oro' I Gal. 18" O.C. 11.00 198.00 DAYLILY PA 74 Penniseturn alopecuroides 1 Gal. 24" O.C. 11.00 814.00 FOUNTAIN GRASS LTrojec(Al—cos4_cm1iFnjan% IN0421-Phil-CE02 AN CALEDONIA September 12,2005 Yorkville,Illinois Page 3 of 3 Wyndham Deerpoint Cost Estimate(]attee for*L�ands�cap/rye Work. Landscape Plan dated 9116105 ,± t.: MISCELLAEOUS 1.1 Seed with Erosion Control Blanket(S75) AC. 7,800.00 8,580.00 950 Seed with Erosion Control Blanket(C350) Sy. 5.25 4,987.50 Iva .� 52 Mulch C.Y. 48.00 2,496.00 SUBTOTAL PHASE ONE PLANTING $ 125,851.50 10% CONTINGENCY $ 12,585.15 TOTAL PHASE ONE PLANTING S 138,436.65 *Parkway sod to be included with individual lot landscaping. C A __ r LProitask9_can enimoesl FN042I_Pl3l_CE02 zln 10-Feb-09 Letter of Credit(Bond Reduction Subdivision: Caledonia Subdivision- Phase 2 Sitework Reduction No. 2 Bond/LOC No. Old Second Bank-LOC#2968 Theoretical LOC/Bond Approved Original amount LOC Amount Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond Prior to Red.#2 to Reduction No.2 Reduction No.2 after Red. No.2 Erosion Control $7,087.50 $7,796.25 $4,429.69 $3,543.75 $0.00 $4,429.69 Excavation $22,016.00 $24,217.60 $10,142.40 $14,816.00 $0.00 $10,142.40 Storm Sewer $265,548.00 $292,102.80 $39,832.20 $265,548.00 $0.00 $39,832.20 Roadway $494,931.25 $544,424.38 $311,207.69 $307,288.75 $58,707.63 $252,500.06 Watermain $215,920.00 $237,512.00 $32,388.00 $215,920.00 $0.00 $32,388.00 Sanitary $148.134.00 $161947.40 $22.220.10 $148,134.00 AUQ $22,220.10 Totals $1,153,636.75 $1,269,000.43 $420,220.08 $955,250.50 $58,707.63 $361,512.45 Notes: a) LOCIBond amt. to be 15%of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. c) Pavement also includes sidewalk&streetlighting. d) Landscaping covered by separate LOC. ?` SPACECO, 1NC. FL-Sc a s;��■d'� uurmo+ UNIT E19M ONTY MKII PRICE AMOUNT A.§oq E_raslon Sediment Control 1. EROSION CONTROL INLET 26 EACH $50.00 $1,300.00 2.STRAW BALE DRAINAGE STRUCTURE 18 EACH $50.00 ;800.00 3.EROSION CONTROL OUTLET 1 EACH $500.00 %500.00 5• 4. SEEDING-PARKWAYS 1.95 ACRE $2,250.00 $4,387.50 A.Soil Erosion Sediment Contrd Sub•ToW■ $7,087.50 B.Excavation 1.FINE GRADE ROADWAY 12,935 S.Y. $0.60 $7,761.00 1 � 2. BACKFILL CURB 7,055 LF. $1.00 $7,055.003 3.RESPREAD PARKWAYS W RESPREAD 1,600 CY $4.50 $7,200.D0 G 'I B.Er<®vaflon Sub•T01a1■ $22.016.00 e C.Drainage Improvements 1. STORM SEINER,RCP,CL 1V 42' 198 L.F. 365.00 51$870.00 2. STORM SEWER,RCP,CL IV 36" 659 LF. $50.00 $32,950.00 3. STORM SEWER,RCP,CL IV 27" 241 L.F. x17.50 $9,037.50 4.STORM SEWER,RCP,CL IV 24" 550 LF. 535.00 $19,250.00 5.STORM SEWER,RCP,CL N 21, 75 L.F. $30.00 52,250.00 ' S. STORM SEWER.RCP,CL rV 18' 748 LF. $25.00 $18,700.00 7. STORM SEWER,RCP,CL IV is. 561 LF. $22.50 $12,622.50 r S.STORM SEWER,RCP,CL IV 1T 1,282 LF. $20.00 $251840.00 ! 9, STORM TRENCH BACKFILL >15"DIA. 148 LF. $50.00 57,400.00 to. STORM TRENCH BACKFILL <18,Dw 619 LF, $12.00 $7,428.00 F 11. STORM MANHOLE 96"DIA. 1 EACH $7,000.00 $7,000.00 12. STORM MANHOLE 84"DIA. 1 EACH $5,01)0.00 $5,000.00 13. STORM MANHOLE 72"DIA. 3 EACH $3,500.00 5101500.00 14.STORM MANHOLE 60"DIA. 4 EACH $2,500.00 $10,000.00 15. STORM MANHOLE 48"DIA. 2 EACH $11500.00 $3,000.00 16. CATCH BASIN Or DIA. 5 EACH $1,000,00 415,000.00 17. CATCH BASIN 48'OIA. 19 EACH $2,250.00 $42,750.00 i 18.INLET 24'DW 20 EACH $500.00 $10,000.00 FF 19.FLARED END SECTION,WIGRATE 42" 1 EACH $1,900.00 61,900.00 20. STORM SERVICE,PVC SDR 26 6' 49 EACH 3250.00 $12,250.00 C.Drainage Improvements Sub-Total- $265,548.00 D.Roadway Imorovements 1. BITUMINOUS SURFACE COURSE 1.5,CL 1 10,585 S.Y. $3.50 $37,047.50 0 1. 2. BITUMINOUS SURFACE COURSE 1.5',CL 1 10,585 S.Y. $3.50 $3T,047.50 3.BITUMINOUS BINDER COURSE 5.1r,CL 1 10,585 S.Y. $9.50 $100,557. 4,AGGREGATE BASE,TYPE B 4" 10,585 S.Y, $4.50 %47,632.50 S. GEOTEXTILE FABRIC SUBGRADE FABRIC 12,935 S.Y. $1.25 516,188.75 S. CURB a GUTTER,(wI AGGRO B-6.12 7,055 LF. $11.50 $81,132.50 7.PCC SIDEWALK 5*THICK ON T CA-e 30,470 S.F. $3.50 $106,645.00\ �, 11.PCC SIDEWALK ACROSS DRIVEWAY 6`THICK,ON T CAS 4,600 S.F. $4.00 %18,200.00 J 9.STREET LIGHTING COMPLETE 11 EACH $4,500.00 $49,500.00 r 50.4 D.Roadway Impmvemerds Sub•Totel■ $494,93125 E.riMermplaImarovements 1.FIRE HYDRANT WIAUX.VALVE AND S 15 EACH $2,000.00 $30,000.00 2.WM,DI CL 52 WlFITT1NGS IT 1,385 LF. $39.50 $54,707.50 3.WM,DI CL 52 WlFFMNGS B' 2,475 L.F. $25,50 563,112.50 4.WATER SERVICES,W? BOX I%LONG 43 EACH 5675.00 537,825,00 S.WATER SERVICES,VOB-BOX V-SHORT 29 EACH $375.00 $10,875.00 6.VALVE 12'IN ST VAULT 4 EACH $2,400.00 $9,600.00 7.VALVE a"IN BOX 4 EACH $1,100.00 $4,400.00 B, PLUG AND BLOCK STUB 3 EACH 3250.00 $750.00 9. CONNECT TO EXISTING STUB 1 EACH $500.00 %500.00 9.WM TRENCH BACKFILL LINEAL FOOT 290 LF. $15.00 $4,350,00 E.Walermain Improvements Sub-Total $215,920.00 i.ngw Pap.3 of 4 i r FIE wwESO,.r+ r�+.�.us.wxes�cshhitM� SPACECO, INC. hnerxsas EnalnN[s,QgjnIcn of Probable Constrocgan Cool UNIT am (�,Y UNIT PRICE AMOUNT F.Sonitaci Sevier Imatvveglents 1.SANITARY SEWER,PVC SOR 28 9',10'-15'DEEP 778 LF. $28.00 $21,784.06 2.SANITARY SEINER,PVC SOR 26 B',<1O'DEEP 1,616 L.F. 525.00 $46,256.06 3.SANITARY MANHOLE,TYPE A 48'DIA,WAS DEEP 5 EACH $2,500.00 $12,504.00 4.SANITARY MANHOLE,TYPE A 48'DIA,<10 DEEP a EACH $2,000.00 $12,000.00 L h S.SANITARY SERVICES LONG 29 EACH $1,250.00 $36,250.00 8.SANITARY SERVICES SHORT 43 EACH 3550.00 $23,4150.00 7.SANITARY TRENCH BACKFILL <10 DEEP 65 L.F, $20.00 31,700.00/ • tR .� F.Sanitary Sewn Improvements sub-Total a $148,134.66 a SUBTOTAL- 31.153,636,75 10% CONTINGENCY- $115,367.68 TOTAL- $i,269,000,43 O S- 1.This estimale Is prepared based on plans ttlled'Final Site Improvement Plans for Caledonia SubdMsian" Dated October 8,2604;last revised October 7,2W5. 2.This astknals b prepared to a guide only. SPACECO makes no warranty that actual costa will not vary from the amounts Indicated,and assumes no liability for such variance. 3. It U assumed that a4 excess sod will be placed on site and used ha fib. No import or haul off amis are Included. 4. See Caledonia Subdfvblon'Phasing Exlhlbir by SPACECO,Inc.dated 311 a Ior phase breakdown. Please note that the watennaln from VB-10A(kxmied SW of the Inte:sectlon of Nathan and Caleel0nia Drhms)north to I"and then east to where A connects to adstlng has been Inmrporaled lido Phase I. 5.This aslimate DOES NOT Yhduda: a. PERMIT FEES b. LANDSCAPING r- REVIEW FEES d. DRIVEWAYS FOR SINGLE FAMILY HOMES e. UNDERCUT OF UNSUITABLE MATERIAL I. OFF-SITE ROADWAY AND UTILITY IMPROVEMENTS TO CORNEILS ROAD g.YORKVILLE-BRISTOL SANITARY DISTRICT INTERCEPTOR SANITARY SEINER CONSTRUCTION h.STORM SEWER SERVICES FOR LOTS 4146 AND 120.133 I. EXISTING STORM SEWER REMOVAL OR ABANDONMENT AS REQUIRED BY THE CITY, j. MASS GRADING. ALL MASS GRADING ASSUMED TO BE PERFORMED AS PART OF PHASE I IMPROVEMENTS. 6,This estimate DOES NOT Include: Maintenance Dais for EROSION CONTROL CONSTRUCTION ROADS BUILDING PADS end rIL TemphN. Page 4 of 4 10-Feb-09 Letter of Credit/Bond Reduction Subdivision: Caledonia Subdivision- Phase 2 Landscaping Reduction No. 1 Bond/LOC No. Old Second Bank- LOC#309000356 Theoretical LOC/Bond Approved Original amount Actual Amount LOC Amount Amount complete prior Amount of Amount to remain Item Ena. Est. for LOC/Bond for LOC/Bond Prior to Red.#1 to Reduction No.1 Reduction No.1 after Red. No.1 Shade Trees $60,800.00 $66,880.00 $66,880.00 $66,880.00 $0.00 $0.00 $66,880.00 Lot B $13,770.00 $15,147.00 $15,147.00 $15,147.00 $13,770.00 $13,081.50 $2,065.50 Lot D $6,140.00 $6,754.00 X100 $0-00 $6,140.00 -$921-00 $921.00 Totals $80,710.00 $88,781.00 $82,027.00 $82,027.00 $19,910.00 $12,160.50 $69,866.50 Notes: a) LOC/Bond amt. to be 15%of substantially completed items plus 110%of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. c) Pavement also includes sidewalk&streetlighting. d) Landscaping covered by separate LOC. March 6,2007 r., CALEDONIA Page 1 of 1 °o York-N ilie, Illinois \Vyndham Dzerpoint 0 Cos Work. an landscape Plan dated 2114107 PHASE TWO PLANTING ev ouaultity laotanicallCommon Name Size Remarks Cost Extension SHADE TREES AF 29 Arxr freemauii 2 llP"Cal. $400.00 511,600.00 cs AUTUMN BLAZE MAPLE co cn 2 IfT' Cal. $400.00 S7YOC.0 CO 18 Cehis occidemalis COMMON RAC CBMY GT 27 Gleditsia triacauthos inermis'Skyline' 3 11z"Cal. $4411.00 510,80E_00 SKYLINE HONF.YI.00UST Q 24 Querrus bicolor 312"Cal. 5400,00 $9,6010.00 SWAMP WHITE OAK v TC 32 TTm cordara'Greenspire' 311?"Ce[. 5400.00 S12,800.00 GREENSPIRE LINDEN LIR ?? Ulmus carpinifolia'Regal' 2 10'Cal. W0.00 S8,80(1.00 REGAL SMOOTHLEAF ELM w 5.) Lot D seeding w1 Hydromulch AC 52,700.00 513,770.00 1'JO $74,570-H a SUBTOTAL PHASE TWO PLANTING 574,570.00 ToTkL PHASE TWO PLANTING 'Parkway sod to be included with individual lot landscaping. a. co r^-+ w 0 Q N CO 1 1.iisifc"P.1 m?+nimarl C7;1 n�r•t��rwi i cL d . I � Telephone(630)966-1000 Telempier 16301 966-1006 March 12, 2007 Hand Delivered Joe Wywrot Yorkville City Engineer United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Re: Caledonia Subdivision Phase H Landscaping Letter of Credit No. 309000356 Dear Joe: This letter is to confirm that we agree that the Lob B landscaping will be included in the Phase H Letter of Credit for the Caledonia Subdivision. When the time comes for a reduction in the remaining Letter of Credit amount, the amount of reduction will be reduced by the amount of remaining work to be done for landscaping on Lot B in accordance with the City approved estimate of cost. If you need any further information, please contact me. Yours truly, Richard M. Guerard RMG/j mh Enc. cc: Laura Haake, City Park Designer, United City of Yorkville 605 LINDSAY CIRCLE, NORTH AURORA, 1L 60542 WWW.WYDP com `,�.D C►ry Reviewed By: Agenda Item Number ZO Legal ❑ L �5 a Finance 1836 ❑ EST _ Engineer ■ Tracking Number O Jill zl y City Administrator F1 p �nV, �Q Consultant El pW 2009-20 El aM, SCE 'w Agenda Item Summary Memo Title: Raintree Village (Units 2-6) — LOC Expiration Meeting and Date: City Council—2/24/09 Synopsis: We have been notified that 5 letters of credit for Raintree Village are due to expire. Recommending calling these letters of credit if they are not renewed. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum EST 1836 To: Brendan �. McLaughlin, City str for OFrom: Joe Wywrot, City Engineer U p CC. Lisa Pickering, Deputy City erk Date: February 10, 2009 Subject: Raintree Village (Units 2-6)—Letter of Credit Expiration Attached find notices from Fidelity Guaranty and Acceptance Corporation that the five letters of credit in place for Raintree Village Units 2-6 will expire on various dates ranging from April 28, 2009 to May 18, 2009. These letters of credit are summarized as follows: LOC.No. Amount For FGAC-06117 $152,905.79 Unit 2—all land improvements FGAC-06118 $ 99,047.98 Unit 3—all land improvements FGAC-06108 $396,809.12 Unit 4—sitework FGAC-05167 $503,184.11 Unit 5—sitework FGAC-06137 $891,128.30 Unit 6—all land improvements I will notify the developer that these letters of credit need to be renewed, and I anticipate that they will. In the meantime, however, I recommend that City Council authorize the City Clerk to call these letters of credit if they are not renewed prior to April 17,2009. Please place this item on the Public Works Committee agenda of February 17,2009 for consideration. FIDELITY GUARANTY AND ACCEPTANCE CORP . 700 NW "107 AVENUE' SU'ITE ' 240 MIAMI , FLORIDA 33172 PHONE ( 3.05 } 553-8724 ; FEBRUARY 4,2009 NOTICV,OF LETTER OF CREDIT EXPIRATION BENEFICIARY: APPLICANT: MAYOR AND ALDERMEN LENNAR COMMUNITIES OF CHICAGO CITY OF YORKVILLE 2300 BARRINGTON ROAD,SUITE 700 800 GAME FARM ROAD HOFFMAN ESTATES,IL 60169 YORKVILLE,IL 60560 RE: OUR STANDBY LETTER OF CREDIT NO.FGAC-06117 PRESENTLY FOR AN AMOUNT OF USD $152,905.79 (ONE HUNDRED FIFTY TOW THOUSAND NINE HUNDRED FIVE AND 791100 US DOLLARS) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF LENNAR COMMUNITIES OF CHICAGO. GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 11, 2009 WITH OUR CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF CREDIT DEPT.,700 NW 107 AVENUE--SUITE 240,MIAMI,FLORIDA 33172. ANY DRAWING RECEIVED AFTER MAY 11,2009 WILL BE REFUSED. PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION. FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED. ACKNOWLEDGED BY: BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 305-553- 8724 AS SOON AS POSSIBLE. VERY TRULY YOURS, FIDELITY GUARANTY AND ACCEPTANCE CORP. Qd440-4'1'c- JACQ ESOUZA,VICE PRESIDENT CC: LENNAR COMMUNITIES OF CHICAGO ATTN: KAREN BLAKE 2300 BARRINGTON ROAD, SUITE 700 HOFFMAN ESTATES,IL 60169 FIDELITY GUARANTY AND ACCEPTANCE CORP. 700 NW 1107 AV5NUE -'SUITE 240 MIAMI , FLORIDA 33172 _ PHONE ( 305 ) 553- 8724 '° FEBRUARY 4,2009 . ' NOTICE OF LETTER OF CREDIT EXPIRATION BENEFICIARY: APPLICANT: MAYOR AND ALDERMEN LENNAR COMMUNITIES OF CHICAGO CITY OF YORKVILLE 2300 BARRINGTON ROAD, SUITE 700 800 GAME FARM ROAD HOFFMAN ESTATES,IL 60169 YORKVILLE,IL 60560 RE: OUR STANDBY LETTER OF CREDIT NO.FGAC-06118 PRESENTLY FOR AN AMOUNT OF USD $99,047.98 (NINETY NINE THOUSAND FORTY SEVEN AND 981100 US DOLLARS) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF LENNAR COMMUNITIES OF CHICAGO. GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 11, 2009 WITH OUR CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF CREDIT DEPT.,700 NW 107 AVENUE-SUITE 240,MIAMI,FLORIDA 33172. ANY DRAWING RECEIVED AFTER MAY 11, 2009 WILL BE REFUSED. PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION. FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED. ACKNOWLEDGED BY: BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 305-553- 8724 AS SOON AS POSSIBLE. VERY TRULY YOURS, FIDELITY GUARANTY AND ACCEPTANCE CORP. Q�� JACQUE LV DBSOUZA,tjICE PRESIDENT CC: LENNAR COMMUNITIES OF CHICAGO ATTN: KAREN BLAKE 2300 BARRINGTON ROAD,SUITE 700 HOFFMAN ESTATES,IL 60169 FIDELITY GUARANTY AND ACCEPTANCE CORP . 700 NW 107 'AVENUE - SUITE- 240 MIAMI , FLOR [.DA 33172 PHONE ( 305 )553 - 8724 FEBRUARY 4;2009 NOTICE OF LETTER OF CREDIT EXPIRATION BENEFICIARY: APPLICANT: CITY OF YORKVILLE LENNAR COMMUNITIES OF CHICAGO 800 GAME FARM ROAD 2300 BARRINGTON ROAD,SUITE 700 YORKVILLE,IL 60560 HOFFMAN ESTATES,IL 60169 RE: OUR STANDBY LETTER OF CREDIT NO.FGAC-06108 PRESENTLY FOR AN AMOUNT OF USD $396,809.12 UHREE HUNDRED NINETY SIX THOUSAND EIGHT HUNDRED NINE AND 121100 US DOLLARS) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF LENNAR COMMUNITIES OF CHICAGO. GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON APRIL 28, 2009 WITH OUR CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF CREDIT DEPT.,700 NW 107 AVENUE-SUITE 240,MIAMI,FLORIDA 33172. ANY DRAWING RECEIVED AFTER APRIL 28,2009 WILL BE REFUSED. PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION. FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED. ACKNOWLEDGED BY: BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 305-553- 8724 AS SOON AS POSSIBLE. VERY TRULY YOURS, FIDELITY GUARANTY AND ACCEPTANCE CORP. (DrhAoi� 7ACQUEL D Fj5OUZA,VOCE PRESIDENT CC: LENNAR COMMUNITIES OF CHICAGO ATTN: KAREN BLAKE 2300 BARRINGTON ROAD,SUITE 700 HOFFMAN ESTATES,IL 60169 FIDELITY GUARANTY AND ACCEPTANCE CORP . 700 NW '107 AVENUE - SUITE 240 MIAMI , FLORIDA 33172 .� PHONE ( 305 )553-8724 FEBRUARY 4,2009 NOTICE OF LETTER OF CREDIT EXPIRATION BENEFICIARY: APPLICANT: MAYOR AND ALDERMEN RAINTREE VILLAGE,LLC CITY OF YORKVILLE CIO LENNAR COMMUNITIES OF CHICAGO 800 GAME FARM ROAD 2300 BARRINGTON ROAD, SUTIE 600 YORKVILLE,IL 60560 HOFFMAN ESTATES,IL 60169 RE: OUR STANDBY LETTER OF CREDIT NO.FGAC-05167 PRESENTLY FOR AN AMOUNT OF USD $503,184.11 (FIVE HUNDRED THREE THOUSAND ONE HUNDRED EIGHTY FOUR AND 111100 US DOLLARS)ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF RAINTREE VILLAGE,LLC. GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 18, 2009 WITH OUR CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF CREDIT DEPT.,700 NW 107 AVENUE-SUITE 240,MIAMI,FLORIDA 33172. ANY DRAWING RECEIVED AFTER MAY 18,2009 WILL BE REFUSED. PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION, FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED. ACKNOWLEDGED BY: BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 305-553- 8724 AS SOON AS POSSIBLE. VERY TRULY YOURS, FIDELITY GUARANTY AND ACCEPTANCE CORP. Ql&xu� JACQ ESOUZ ,VICE PRESIDENT CC: LENNAR COMMUNITIES OF CHICAGO ATTN: KAREN BLAKE 2300 BARRINGTON ROAD, SUITE 700 HOFFMAN ESTATES,IL 60169 FIDELITY GUARANTY AND ACCEPTANCE CORP . 700 NW 107 AVENUE - SUITE 240 MIAMI , FLORIDA 33172 P.HONE .( 3Q5)553- 8724 FEBRUARY 4;2009 NOTICE OF LETTER OF CREDIT EXPIRATION BENEFICIARY: APPLICANT: MAYOR AND ALDERMEN LENNAR CONB4UNITIES OF CHICAGO CITY OF YORKVILLE 2300 BARRINGTON ROAD,SUITE 700 800 GAME FARM ROAD HOFFMAN ESTATES,IL 60169 YORKVILLE,IL 60560 RE: OUR STANDBY LETTER OF CREDIT NO.FGAC-06137 PRESENTLY FOR AN AMOUNT OF USD $891,128.30 (EIGHT HUNDRED NINETY ONE THOUSAND ONE HUNDRED TWENTY EIGHT AND 301100 US DOLLARS) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF LENNAR COMMUNITIES OF CHICAGO GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 18, 2009 WITH OUR CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF CREDIT DEPT., 700 NW 107 AVENUE-SUITE 240,MIAMI,FLORIDA 33172. ANY DRAWING RECEIVED AFTER MAY 18,2009 WILL BE REFUSED. PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION. FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED. ACKNOWLEDGED BY: BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 305-553- 8724 AS SOON AS POSSIBLE. VERY TRULY YOURS, FIDELITY GUARANTY AND ACCEPTANCE CORP. JACQ 50UZA ICE PRESIDENT CC: LENNAR COMMUNITIES OF CHICAGO ATTN: KAREN BLAKE 2300 BARRINGTON ROAD, SUITE 700 HOFFMAN ESTATES,IL 60169 `,,0 D C/T Reviewed By: Agenda Item Number Legal ❑ C� leas EST Finance F1 Engineer ■ Trackin g Number City Administrator ❑ 0 Consultant ❑ PW 2009-21 Agenda Item Summary Memo Title: Prairie Pointe—Final Acceptance and LOC Reductions Meeting and Date: City Council—2124109 Synopsis: Recommend final acceptance of the public infrastructure for the Prairie Pointe Development, and corresponding reductions to the two existing letters of credit. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o Memorandum Esr. -� � 1836 To: Brendan McLaughlin, City str or OFrom: Joe Wywrot, City Engineer �n p CC: Lisa Pickering, Deputy City k M"C" ' Date: February 11, 2009 Subject: Prairie Pointe—Final Acceptance and LOC Reductions Castle Bank LOC 47000273791-900 Castle Bank LOG 47000273791-901 Attached find a request from SEC Group, Inc. to release the letters of credit for the Prairie Pointe development. We have inspected the site and the punchlist work is complete with the exception of seeding part of Lot 4. The development included construction of public watermain and sanitary sewer. There was also a section of public 12"watermain constructed within the development by Don Hamman,but that watermain is separate from the Prairie Pointe development is not included in this final acceptance request. I recommend that the City Council accept the public improvements for the Prairie Pointe development, subject to receipt of a satisfactory bill of sale. Corresponding to final acceptance, Castle Bank LOC#7000273791-901 would be reduced to $4,044.40 and would remain in place during the one-year warranty period for the watermain and sanitary sewer. Castle Bank LOC #7000273791-900 would be reduced to $5,571.50, which represents 110% of the cost of the remaining seeding work. Please refer to the attachments for details. If the developer wishes to combine the letters of credit into a single document, or replace them with a new guarantee,that would also be acceptable. Please place this item on the Public Works Committee agenda of February 17, 2009 for consideration. City of Yorkville 11-Feb-09 Letter of Credit/Bond Reduction Subdivision: Prairie Pointe Reduction No. 2 (Regional Sitework) Bond/LOC No. Castle Bank LOC#7000273147-901 LOCIBond Approved Original amount LOCIBond amount Amount complete prior Amount of Amount to remain Item Eno. Est, for LOCIBond prior to Red.#2 to Reduction No.2 Reduction No.2 after Red. No.2 Roadway $94,247.74 $103,672.51 $14,137.16 $94,247.74 $14,137.16 $0.00 Storm Sewer $44,089.50 $48,498.45 $6,613.43 $44,089.50 $6,613.43 $0.00 Watermain $5,017.00 $5,518.70 $752.55 $5,017.00 -$1,492.15 $2,244.70 Sanitary $26,211.00 $28,832.10 $3,931.65 $26,211.00 $2,131.95 $1,799.70 Miscellaneous $10,200.00 $11,220.00 $1,530.00 $10,200.00 $1,530.00 $0.00 Landscaping $39.148.50 $43,063.35 $5,872.28 9 148.50 $5,872.28 $0.00 Totals $218,913.74 $240,805.11 $32,837.07 $218,913.74 $28,792.67 $4,044.40 Notes: a) LOCIBond amt. to be 15%of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOCIBond reduced to 10% at final acceptance. c) Manual input required for cells highlighted in yellow. City of Yorkville 11-Feb-09 Letter of Credit(Bond Reduction Subdivision: Prairie Pointe Reduction No. 2 (Site Development LOC) BondILOC No. Castle Bank LOC#7000273147-900 LOC/Bond Approved Original amount LOC/Bond amount Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond prior to Red.#2 to Reduction No.2 Reduction No.2 after Red. No.2 Earthwork $135,778.81 $149,356.69 $20,366.82 $135,778.81 $20,366.82 $0.00 Erosion Control $28,277.75 $31,105.53 $9,063.41 $23,212.75 $3,481.91 $5,571.50 Totals $164,056.56 $180,462.22 $29,420.23 $158,991.56 $23,848.73 $5,571.50 Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. c) Manual input required for cells highlighted in yellow. Page l of 1 Joe Wywrot From: Huinker Pete [Phuinker @secgroupinc.com] Sent: Tuesday, February 03, 2009 11:28 AM To: Joe Wywrot Subject: FW: Prairie Pointe- Letter of Credit Reductions Joe, The Prairie Point development is requesting the letter of credit released. Let me know if you need any additional information. I will forward the last spreadsheets sent previously. Thanks. Peter J. Huinker, P.E. , LEED AP Director of Land Development SEC Group Inc. 651 Prairie Pointe Drive Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.secgroupinc.com The contents of this transmission and any attachments are confidential and intended for the use of the individual or entity to which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is prohibited. From: Joe Wywrot [mailto:jwywrot@yorkvi Ile.il.us] Sent: Wednesday, December 05, 2007 12:41 PM To: Keck George Subject: RE: Prairie Pointe - Letter of Credit Reductions George, The PW Committee was OK with reducing the 3 LOC's per my recommendation. This will now go the Dec. 18th City Council meeting for formal approval. Joe Joe Wywrot Yorkville City Engineer (630)553-8527 (630) 553-3436 fax 2/4/2009 Reviewed By: Agenda Item Number E jc �]Iin� Legal El - EST �4 � 1836 Finance ❑ Engineer ■ Tracking Number O City Administrator El�l ': . ❑ O Consultant `;s PW 2009-22 El Ne Agenda Item Summary Memo Title: Rt. 47/Baseline Road— IDOT Agreement and MFT Resolution Meeting and Date: City Council—2/24/09 Synopsis: IDOT has proposed to replace the traffic signal at this intersection. The city's share of the cost would be approximately $12,650. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval of agreement and MFT appropriation resolution Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: a� 0 Memorandum EST. 1 L_ 1836 To: Brendan McLaughlin, City Aqlninistratqr .t ��` From: Joe Wywrot, City Engineer 0� �p CC: Lisa Pickering, Deputy City C Date: February 3, 2009 Subject: Rt.47Baseline Road—IDOT Agreement and NET Resolution Attached find one copy of a proposed agreement with IDOT for the replacement of the traffic signal and roadway re-striping at the Route 47/Baseline Road intersection. Also attached find a proposed MFT appropriation resolution in the amount of$12,650 to pay for our share of this proj ect. Typically we ask IDOT to add streetlighting and emergency vehicle pre-emption at all new traffic signals. For this project there is an existing independent streetlight system so we only asked for the pre-emption. IDOT is willing to add that item,but the city would need to fund 100%of that cost. IDOT is also asking for the city to fund 2.5% of the entire project cost, resulting in an overall city cost of about$12,650. Since this is an unbudgeted project and our general fund revenues are down, I recommend that we pay for our share of this project with MFT funds. Please place this agreement and MFT appropriation resolution on the February 17, 2009 Public Works Committee agenda for consideration. I� � Resolution for Improvement by Municipality Under the Illinois of Tra Highway Code BE IT RESOLVED, by the City Council of the Council or President and Board of Trustees United City of Yorkville Illinois City,Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Bridge Street Illinois 47 at US Route 30 BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of the city's share of project costs for IDOT Contract No.601798 to replace traffic signals and re-stripe the roadway at the intersection of Illinois Route 47 (Bridge Street) and US Route 30 (Baseline Road). and shall be constructed NIA wide and be designated as Section 09-00038-00-TL 2. That there is hereby appropriated the(additional ❑ Yes ❑ No)sum of Twelve thousand, six hundred and fifty And 001100 Dollars ( $12,650.00 ) for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Approved I, Jacquelyn Milschewski Clerk in and for the United City of Yorkville City,Town or Village County of Kendall , hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council Council or President and Board of Trustees Department of Transportation at a meeting on February 24, 2009 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City,Town,or Village Clerk Printed 213/2009 BLR 09111 (Rev.11 108) AGREEMENT THIS AGREEMENT entered into this day of A.D., by and between the STATE OF ILLINOIS, acting by and through its Department of Transportation, hereinafter called the STATE, and the UNITED CITY OF YORKVILLE, County of KENDALL, of the State of Illinois, hereinafter called the CITY. WITNESSETH WHEREAS, the STATE, in order to facilitate the free flow of traffic and insure safety to the motoring public as part of the Highway Safety Improvement Program is desirous of improving the existing signalized intersection at US 30 by modernizing the traffic signal at US 30 @ IL 47/13aseline Road, (to be known as STATE Section 2009-003 TS and Contract No. 60F98) and by performing all other work necessary to complete the improvement in accordance with the plans and specifications; and, WHEREAS, the CITY is desirous of said improvement in that same will be of immediate benefit to the CITY, and permanent in nature; and, WHEREAS, the intersection of US 30 @ IL 47/Baseline Road lies within the corporate limits of the CITY. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. The STATE agrees to prepare plans and specifications, receive bids, award the contract, furnish engineering inspection during construction, and cause the improvement to be built in accordance with the plans, specifications, and contract. The STATE also agrees to pay all construction and engineering costs subject to reimbursement by the CITY as hereinafter stipulated. 2. The CITY agrees to approve the plans and specifications by letter or resolution prior to the STATE advertising for the work to be performed hereunder. 3. It is mutually agreed that the proportional participation for the construction costs and engineering costs of this improvement shall be as follows: US 30 FEDERAL STATE _Traffic Signals @ FUNDS FUNDS CITY FUNDS _ IL 47/Baseline Rd. 90% 7.5% 2.5% Engineering (15%) 90% 7.5% 2.5% 4. It is mutually agreed that the estimated construction costs and engineering costs of this improvement are divided as follows: US 30 FEDERAL STATE CITY* Traffic Signals @ FUNDS FUNDS FUNDS TOTAL IL 4718aseline Rd. $ 180,000 $15,000 $ 5,000 $ 200,000 Engineering (15%) $ 27,000 $ 2,250 $ 750 $ 30,000 $207,000 $17,250 $ 5,750 $ 230,000 *The CITY will be financially responsible for 100% of the installation costs including maintenance for the emergency vehicle pre-emption equipment installation. These costs are not reflected in the above estimated figures and should be approximately $6,900 for both the equipment and engineering. If, in the future, the STATE adopts a roadway or traffic signal improvement including the aforementioned intersection(s) requiring modifications to the traffic signal(s), then the CITY agrees to be financially responsible for all costs pertaining to the EMERGENCY VEHICLE PRE- EMPTION EQUIPMENT in conjunction with the STATE'S proposed improvement (if applicable). 5. It is mutually agreed that the CITY will reimburse the STATE in an amount equal to the CITY'S share of the actual cost as determined in accordance with Item #4 above. It is mutually agreed that upon award of the contract for this improvement, the CITY will pay to the Department of Transportation of the State of Illinois, in a lump sum from any funds allotted to the CITY. An amount equal to 80% of its obligation incurred under this Agreement, and will pay to the said Department the remainder of its obligation (including any non-participating costs for FA projects) in a lump sum, upon completion of the project based upon final costs. 6. Upon acceptance by the Department of Transportation of the traffic signal improvement included herein, the financial responsibility for maintenance and electrical energy for the operation of the traffic signals shall remain as outlined in the Master Agreement executed between the UNITED CITY OF YORKVILLE and the Department of Transportation on March 14, 2007. 7. The actual maintenance will be performed by the STATE with its own forces or through an ongoing contractual agreement. 8. Payment by the STATE of any or all of its share of maintenance and energy costs is contingent upon the STATE receiving adequate funds in its annual appropriation. 9. The STATE retains the right to control the sequence of timing on the traffic signals. 10. The STATE will be responsible for maintenance of lane line and median line markings. The CITY will be responsible for maintenance of crosswalk and stop line markings under their jurisdiction. 11. The CITY agrees to exercise its franchise right to cause private utilities to be relocated at no expense to the STATE. 12. This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. UNITED CITY OF YORKVILLE By: MAYOR Date: ATTEST: CLERK STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION By: DISTRICT ENGINEER Date: PLAN APPROVAL WHEREAS, in order to facilitate the improvement at the intersections of US 30 @ IL 47/Baseline Road the UNITED CITY OF YORKVILLE hereby approves the plans and specifications for the proposed traffic signal improvements at the said intersection above. APPROVED: UNITED CITY OF YORKVILLE By: MAYOR Date: ATTEST: Clerk SEAL ,0D C4 Reviewed By: Agenda Item Number J•` � Legal ❑ C.N �sss Finance El EST �Z -- Engineer ■ Trackin g Number Q as City Administrator ❑ E Il.l ra Consultant El PW 2009-23 El Agenda Item Summary Memo Title: Revised Floodplain Ordinance Meeting and Date: City Council—2/24/09 Synopsis: The proposed ordinance replaces Ordinance 2008-85 to correct a problem with the adoption of the previous ordinance. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: �� LL O� Memorandum EST. 1836 To: Brendan McLaughlin, City A"s t1 From: Joe Wywrot, City Engineer p CC: Lisa Pickering, Deputy City C k Kathy Orr, City Attorney Jackie Dearborn, Civil Engineer Date: February 3, 2009 Subject: Revised Floodplain Ordinance Attached find a revised version of the floodplain ordinance. We recently adopted a similar document as Ordinance 2008-85 in order to remain compliant with the National Flood Insurance Program, and used a model ordinance provided to us by the Illinois Department of Natural Resources. We had made several changes to the model ordinance to reflect conditions unique to Yorkville prior to adoption of Ordinance 2008-85. After the ordinance was adopted, we realized that as written it amended the zoning ordinance by adding Chapter 16. A text amendment to the zoning ordinance, however,requires a public hearing which was not conducted for the floodplain ordinance. To avoid any concerns that the new ordinance may not be enforceable due to the lack of a public hearing, we have revised the ordinance to become Title 8, Chapter 7 of the Municipal Code. During the revisions necessary for that change, we went through the complete ordinance with the city attorney's office to correct some grammar and typographical errors, clarify intent, and update it to conform to the administrative adjudication ordinance. I recommend that this revised ordinance be adopted. Please place this item on the February 17, 2009 Public Works Committee agenda for consideration. Ordinance No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,REPEALING ORDINANCE NOS. 2004-18 AND 2008-85 AND AMENDING THE CODE OF ORDINANCES TO PROVIDE FOR REGULATING DEVELOPMENT IN FLOODPLAIN AREAS 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 desires to repeal Ordinance No. 2008-05 which provided for the regulation of development in floodplain areas as a part of the City Zoning Code, and instead desires to provide for the regulation of the development in floodplain areas as a part of the City Building Code; and, WHEREAS, pursuant to Section 11-30-2 and 11-30-8 of the Illinois Municipal Code (65 ILCS 511-1-1 et seq.), the corporate authorities of the City may prescribe rules and regulations for the construction and alteration of buildings and structures and parts and appurtenances thereof, for the purpose of lessening or avoiding the hazards to persons and damage to property resulting from flooding; and, WHEREAS, pursuant to Section 11-30-8 of the Illinois Municipal Code, the corporate authorities may prescribe rules and regulations for grading and draining of lots and construction of (1) paving for motor vehicle driveways and parking areas, (2) terraces, (3) retaining walls of masonry and other materials and for preserving drainage channels in connection with building improvements or without such improvements, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Ordinance No. 2008-85 and Ordinance No. 2004-18, adopted by the Mayor and City Council on September 23, 2008, and March 23, 2004, respectively, are hereby repealed. Section 2. Title 8, Chapter 7 of the United City of Yorkville Code of Ordinances is hereby deleted in its entirety and replaced with the following: CHAPTER 7 REGULATING DEVELOPMENT IN FLOODPLAIN AREAS 8-7-1: PURPOSE: This Chapter is enacted pursuant to the police powers granted to the United City of Yorkville by the Illinois Municipal Code (65 ILCS 5111-30-2, and 5111-30-8) in order to accomplish the following purposes: A. To prevent unwise developments from increasing flood or drainage hazards to others. 1 B. Protect new buildings and major improvements to buildings from flood damage. C. To promote and protect the public health, safety, and general welfare of the citizens from the hazards of flooding. D. To lessen the burden on the taxpayer for flood control, repairs to public facilities and utilities, and flood rescue and relief operations. E. Maintain property values and a stable tax base by minimizing the potential for creating blighted areas. F. Make federally subsidized flood insurance available. G. To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. 8-7-2: DEFINITIONS: For the purposes of this Chapter, the following definitions are adopted: Base Flood- The flood having a one percent (1%) probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood. The base flood elevation at any location is as defined in Section 3 of this Chapter. Base Flood Elevation (BFE)- The elevation in relation to mean sea level of the crest of the base flood. Basement- That portion of a building having its floor sub-grade (below ground level) on all sides. Building- A walled and roofed structure, including a gas or liquid storage tank, that is principally above ground, including manufactured homes, prefabricated buildings and gas or liquid storage tanks. The term also includes recreational vehicles and travel trailers installed on a site for more than one hundred eighty (180) days per year. Critical Facility- Any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to these critical facilities can impact the delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk. Examples of critical facilities where flood protection should be required include, but are not limited to, emergency services facilities (such as fire and police stations), schools, hospitals, retirement homes and senior care 2 facilities, major roads and bridges, critical utility sites (telephone switching stations or electrical transformers), and hazardous material storage facilities (chemicals, petrochemicals, hazardous or toxic substances). Development- Any man-made change to real estate including, but not limited to: 1. Demolition, construction, reconstruction, repair, placement of a building, or any structural alteration to a building. 2. Substantial improvement of an existing building. 3. Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than one hundred eighty (180) days per year. 4. Installation of utilities, construction of roads, bridges, culverts or similar projects. 5. Construction or erection of levees, dams, walls or fences. 6. Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface. 7. Storage of materials including the placement of gas and liquid storage tanks, and channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters. "Development" does not include routine maintenance of existing buildings and facilities, resurfacing roads, or gardening, plowing, and similar practices that do not involve filling, grading, or construction of levees. FEMA- Federal Emergency Management Agency Flood- A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source. Flood Fringe- That portion of the floodplain outside of the regulatory floodway. Flood Insurance Rate Map (FIRM)- A map prepared by FEMA and dated February 4, 2009, that depicts the floodplain or special flood hazard area (SFHA) within a community. This map includes insurance rate zones and may or may not depict floodways and show base flood elevations. Flood Insurance Study- An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, prepared by FEMA and dated February 4, 2009. 3 Floodplain and Special Flood Hazard Area (SFHA)- These two terms are synonymous. Those lands within the jurisdiction of the United City of Yorkville, the extraterritorial jurisdiction of the United City of Yorkville, or that may be annexed into the United City of Yorkville, that are subject to inundation by the base flood. The floodplains of the Fox River, Blackberry Creek, and Middle Branch Aux Sable Creek are generally identified as such on the countywide FIRM of Kendall County. Floodplain also includes those areas of known flooding as identified by the community. Until the Rob Roy Creek floodplain is identified on the countywide FIRM of Kendall County, the floodplain for Rob Roy Creek shall be as determined by the study prepared for the United City of Yorkville by Engineering Enterprises, Inc., dated January 2005, as amended from time to time. The floodplains of those parts of unincorporated Kendall County that are within the extraterritorial jurisdiction of the United City of Yorkville or that may be annexed into the United City of Yorkville are generally identified as such on the FIRM. Floodproofing- Any combination of structural or nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate, property and their contents. Floodproofiniz Certificate- A form published by FEMA that is used to certify that a building has been designed and constructed to be structurally dry flood proofed to the flood protection elevation. Flood Protection Elevation PE - The elevation of the base flood plus one foot of freeboard at any given location in the floodplain. Floodway- That portion of the floodplain required to store and convey the base flood. The floodway for the floodplains of the Fox River and Blackberry Creek shall be as delineated on the countywide FIRM of Kendall County. The floodways for each of the remaining floodplains of the United City of Yorkville shall be according to the best data available from the federal, state, or other sources. Freeboard- An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, future watershed development, unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams. Historic Structure- Any structure that is: I. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 4 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on the state inventory of historic places by the Illinois Historic Preservation Agency; or, 4. Individually listed on a local inventory of historic places that has been certified by the Illinois Historic Preservation Agency. IDNR/OWR- Illinois Department of Natural Resources/Office of Water Resources. Lowest Floor- the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Section 7 of this Chapter. Manufactured Home- A structure transportable in one or more sections that is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. NFIP-National Flood Insurance Program. Recreational Vehicle or Travel Trailer- A vehicle which is: I. Built on a single chassis. 2. Four hundred (400) square feet or less in size. 3. Designed to be self-propelled or permanently towable by a light duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. Repetitive Loss Building- A structure which sustained flood related damages on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred. SFHA- See definition of"Floodplain." Structure - See definition of"Building." Substantial Damage- Damage of any origin sustained by a structure whereby the cumulative percentage of damage subsequent to the adoption of 5 this Chapter equals or exceeds fifty percent (50%) of the market value of the structure before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination. The term includes "Repetitive Loss Building" (see definition). Substantial Improvement- Any reconstruction, rehabilitation, addition or improvement of a structure taking place subsequent to the adoption of this Chapter in which the cumulative percentage of improvements: 1. Equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started; or, 2. Increases the floor area by more than twenty percent (20%). "Substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual repair work done. The term does not include: 1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or, 2. Any alteration of a structure listed on the National Register of Historic Places or the Illinois Register of Historic Places. Violation- The failure of a structure or other development to be fully compliant with the City's floodplain management regulations. A structure or other development without the required federal, state, and/or local permits and elevation certification is presumed to be in violation until such time as the documentation is provided. 8-7-3: Base Flood Elevation This Chapter's protection standard is the base flood. Any development designed and constructed must be completed in a way which protects against the base flood. The best available base flood data is listed below. Whenever a party disagrees with the best available data, the party shall finance the detailed engineering study needed to replace the existing data and submit it to FEMA and IDNR/OWR for approval prior to any development of the site. A. The base flood elevation for the floodplains of the Fox River shall be as delineated on the 100-year flood profiles in the countywide Flood Insurance Study of Kendall County. 6 B. The base flood elevation for each floodplain delineated as an "AH Zone" or "AO Zone" on the countywide FIRM of Kendall County shall be that elevation (or depth) as delineated on such. C. The base flood elevation for each of the remaining floodplains delineated as an "A Zone" on the countywide FIRM of Kendall County shall be according to the best data available from federal, state or other sources. Should no other data exist, an engineering study must be financed by the applicant to determine base flood elevations. D. The base flood elevation for the floodplains of those parts of unincorporated Kendall County that are within the extraterritorial jurisdiction of the United City of Yorkville, or that may be annexed into the United City of Yorkville, shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of Kendall County. 8-7-4: Duties of the Code Official The Code Official shall be responsible for the general administration of this Chapter and ensure that all development activities within the floodplains under the jurisdiction of the United City of Yorkville meet the requirements of this Chapter. Specifically, the Code Official shall: A. Process development permits in accordance with Section 5. B. Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of Section 6. C. Ensure that the building protection requirements for all buildings subject to Section 7 are met and maintain a record of the "as-built" elevation of the lowest floor(including basement) or floodproof certificate. D. Assure that all subdivisions and annexations meet the requirements of Section 8. E. Ensure that water supply and waste disposal systems meet the Public Health standards of Section 9. F. If a variance is requested, ensure that the requirements of Section 11 are met and maintain documentation of any variances granted. G. Inspect all development projects and take any and all penalty actions outlined in Section 13 as a necessary to ensure compliance with this Chapter. H. Assure that applicants are aware of and obtain any and all other required local, state, and federal permits. 7 I. Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation of a watercourse. J. Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques. K. Cooperate with state and federal floodplain management agencies to coordinate base flood data and to improve the administration of this Chapter. L. Maintain for public inspection base flood data, floodplain maps, copies of state and federal permits, and documentation of compliance for development activities subject to this Chapter. M. Perform site inspections to ensure compliance with this Chapter and make substantial damage determinations for structures within the floodplain. N. Maintain the accuracy of floodplain maps including notifying IDNRIOWR and/or submitting information to FEMA within six months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map. O. At his/her discretion, issue a stop-work order requiring the suspension of the subject development if there is a violation of this Chapter. The stop- work order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. The stop-work order constitutes a suspension of the permit obtained pursuant to Section 5 of this Chapter. 8-7-5: Development Permit No person, firm, corporation, or governmental body not exempted by law shall commence any development in the floodplain without first obtaining a development permit from the Code Official. The Code Official shall not issue a development permit unless the proposed development meets the requirements of this Chapter and all applicable state and federal requirements. A. The application for a development permit shall be accompanied by: 1. Drawings of the site, drawn to scale showing property line dimensions. 2. Existing grade elevations and all changes in grade resulting from excavation or filling. 3. The location and dimensions of all buildings and additions to buildings. 8 4. The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of Section 7 of this Chapter. 5. The cost of project or improvements as estimated by a licensed engineer or architect. A signed estimate by a contractor may also meet this requirement. B. Upon receipt of an application for a development permit, the Code Official shall compare the elevation of the site to the base flood elevation. Any development located on land that can be shown by survey data to be higher than the current base flood elevation and which has not been filled after the date of the site's first FIRM is not in the floodplain and therefore not subject to the requirements of this Chapter. Conversely, any development located on land shown to be below the base flood elevation and hydraulically connected, but not shown on the current FIRM, is subject to the provisions of this Chapter. The Code Official shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first FIRM identification. The Code Official shall be responsible for obtaining from the applicant copies of all other federal, state, and local permits, approvals or permit- not-required letters that may be required for this type of activity. The Code Official shall not issue a permit unless all other federal, state, and Iocal permits have been obtained. 5-7-6: Preventing Increased Flood Heights and Resulting Damages Within any floodway identified on the countywide FIRM, and within all other floodplains where a floodway has not been delineated, the following standards shall apply: A. Except as provided in Section 6(B) of this Chapter, development shall only be allowed if it does not cause any increase in flood heights or velocities or threat to public health and safety. The following specific development activities are allowed: 1. Bridge and culvert crossings of streams in rural areas meeting the following conditions of the IDNR/OWR Statewide Permit Number 2: a. The crossing will not result in an increase in water surface profile elevation in excess of 1.0 foot. b. The crossing will not result in an increase in water surface profile elevation in excess of one half(0.5) 9 foot at a point one thousand (1,000) feet upstream of the proposed structure. c. There are no buildings in the area impacted by the increases in water surface profile. d. The proposed bridge or culvert crossing will not involve straightening, enlarging, or relocating the existing channel. e. The design must be certified by a licensed professional engineer in the State of Illinois and the designs must meet the conditions of an IDNR/OWR permit. f. The design must be certified by a second licensed professional engineer. 2. Barge fleeting facilities meeting the following condition of IDNR/OWR Statewide Permit Number 3: This type of development activity is only allowed when deadmen, pier cells, or other similar anchorage devices have been permitted by the U.S. Army Corps of Engineers. 3. Aerial utility crossings meeting the following conditions of IDNR/OWR Statewide Permit Number 4: a. The utility line must be constructed above the existing 100-year flood elevation or attached to an existing bridge. b. A utility line attached to an existing bridge shall be constructed above the low cord elevation of the bridge. c. No supporting towers or poles shall be located in a river, lake or stream. d. Supporting towers including foundation and poles shall be designed and located so as to not cause an obstruction of flood flows by trapping debris. e. All disturbed areas shall be returned to pre- construction grades and re-vegetated. 10 f. All Illinois Commerce Commission, National Electrical Safety Code, and federal requirements must be met. 4. Minor boat docks meeting the following conditions of IDNR/OWR Statewide Permit Number 5: a. The boat dock must not extend more than fifty (50) feet into a waterway and no more than one quarter (1/4) of the width of the waterway and shall not extend beyond the navigational limit established by the IDNR and Corps of Engineers. b. The width of the boat dock shall not be more than ten (10) feet. c. For L-Shaped or T-shaped docks, the length of that portion parallel to the shoreline must not exceed fifty percent (50%) of the landowner's shoreline frontage nor fifty (50) feet. d. Docks must be aligned so as not to cross the projection of property lines into the waterway or come within ten (10) feet of the projected property line. e. Dock posts must be marked by reflective devices. f. The boat dock must be securely anchored to prevent detachment during times of high wind or water. g. Metal drums or containers may not be used as buoyancy units unless they are filled with floatation foam. Containers which previously stored pesticides, herbicides, or any other toxic chemicals are not permissible. h. This Section does not authorize any other related construction activity such as shore protection or fill. i. Non-floating boat docks must be constructed in a manner which will minimize obstruction to flow. j. At any future date, the permittee must agree to make necessary modifications to the dock as determined by the IDNR or Corp of Engineers. 11 5. Minor, non-obstructive activities (not involving fill or positive change in grade) meeting the following conditions of 1DNR/OWR Statewide Permit Number 6: a. The construction of underground utility lines not crossing a lake or stream, wells, or septic tanks. b. The construction of light poles, sign posts, and similar structures. c. The construction of sidewalks, driveways, athletic fields (excluding fences), patios, and similar structures. d. The construction of properly anchored, unwalled, open structures such as playground equipment, pavilions, and carports. e. The placement of properly anchored buildings not exceeding seventy (70) square feet in size, nor ten (10) feet in any dimension. Only one such building on a property is authorized. f The raising of existing buildings, provided no changes are made to the outside dimensions of the building and the placement of fill is not involved. 6. Outfall Structures and drainage ditch outlets meeting the following conditions of 1DNRIOWR Statewide Permit Number 7: a. Any outfall structure, including any headwall or end-section, shall not extend riverward or lakeward of the existing adjacent natural bank slope or adjacent bank protection. b. The velocity of the discharge shall not exceed the scour velocity of the channel soil, unless channel erosion would be prevented by the use of riprap or other design measures. c. Outlets from drainage ditches shall not be opened to a stream until the ditch is vegetated or otherwise stabilized to minimize stream sedimentation. d. Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including the stream banks, shall be restored 12 to their original contours and seeded or otherwise stabilized upon completion of construction. 7. Underground pipeline and utility crossings meeting the following conditions of IDNR/OWR Statewide Permit Number 8: a. In all cases, the crossing shall be placed beneath the bed of the river, lake or stream and, unless the crossing is encased in concrete or entrenched in bedrock, a minimum of three (3) feet of cover shall be provided. The river, lake or stream bed shall be returned to its original condition. b. Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including stream banks, shall be restored to their original contours and seeded or otherwise stabilized upon completion of construction. c. Any utility crossing carrying material which may cause water pollution, as defined by the Environmental Protection Act (415 ILCS 5), shall be provided with shut-off valves on each side of the body of water to be crossed. d. If blasting is to be utilized in the construction of the crossing, the permittee shall notify the City and IDNR/OWR at least ten (10) days prior to the blasting date to allow monitoring of any related fish kills. 8. Bank stabilization projects meeting the following conditions of IDNR/OWR Statewide Permit Number 9: a. Only the following materials may be utilized in urban areas: stone and concrete riprap, steel sheet piling, cellular blocks, fabric-formed concrete, gabion baskets, rock and wire mattresses, sand/cement filled bags, geotechnical fabric materials, natural vegetation and treated timber. Urban areas are defined as: areas of the State where residential, commercial, or industrial development currently exists or, based on land use plans or controls, is expected to occur within ten (10) years. The IDNR/OWR should be consulted if there is a question of whether or not an area is considered urban. 13 b. In addition to the materials listed in the preceding Subsection (a), other materials (e.g. tire revetments) may be utilized in rural areas provided all other conditions of IDNR/OWR Statewide Permit Number 9 are met. c. The following materials shall not be used in any case: auto bodies, garbage or debris, scrap lumber, metal refuse, roofing materials, asphalt or other bituminous materials, or any material which would cause water pollution as defined by the Environmental Protection Act (415 ILCS 5). d. The affected length of shoreline, stream bank, or channel to be protected shall not exceed, either singularly or cumulatively, one thousand (1000) feet. e. All material utilized shall be properly sized or anchored to resist anticipated forces of current and wave action. f. Materials shall be placed in a way which would not cause erosion or the accumulation of debris on properties adjacent to or opposite the project. g. Materials shall not be placed higher than the existing top of the bank. h. Materials shall be placed so that the modified bank full-width and cross-sectional area of the channel will conform to or be no more restrictive than that of the natural channel upstream and downstream of the site. For projects involving continuous placement of riprap along the bank, toe of the bank or other similar applications, in no case shall the cross- sectional area of the natural channel be reduced by more than ten percent (10%) nor the volume of material placed exceed two (2) cubic yards per lineal foot of the stream bank or shoreline. The bank may be graded to obtain a flatter slope and to lessen the quantity of material required. i. if broken concrete is used, all protruding materials such as reinforcing rods shall be cut flush with the surface of the concrete and removed from the construction area. 14 j. Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed areas shall be seeded or otherwise stabilized upon completion of construction. k. In the case of seawalls and gabion structures on lakes, the structure shall be constructed at or landward of the water line as determined by the normal pool elevation, unless: i. It is constructed in alignment with an existing seawall(s) or gabion structure(s); and, ii. The volume of material placed, including the structure, would not exceed two (2) cubic yards per lineal foot. 1. Excess material excavated during the construction of the bank or shoreline protection shall be placed in accordance with local, state, and federal laws and rules, shall not be placed in a floodway. 9. Accessory structures and additions to existing residential buildings meeting the conditions of IDNRIOWR Statewide Permit Number 10: a. The accessory structure or building addition must comply with Section 7 of this Chapter. b. The principal structure to which the project is being added must have been in existence on the effective date of IDNRIOWR Statewide Permit Number 10 (July 25, 1988). c. The accessory structure or addition must not exceed five hundred (500) square feet in size and must not deflect floodwaters onto another property. d. The accessory structure or addition must not involve the placement of any fill material. e. No construction shall be undertaken in, or within fifty (50) feet of, the bank of the stream channel. f. The accessory structure or addition must be properly anchored to prevent its movement during flood conditions. 15 g. Only one accessory structure or addition to an existing structure shall be authorized; plans for any subsequent addition must be submitted to IDNR/OWR for review. h. Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas shall be seeded or otherwise stabilized upon completion of construction. 10. Minor maintenance dredging activities meeting the following conditions of IDNRIOWR Statewide Permit Number 11: a. The affected length of the stream shall not either singularly or cumulatively exceed one thousand (1000) feet. b. The project shall not include the construction of any new channel; all work must be confined to the existing channel or to reestablishing flows in the natural stream channel; and, c. The cross-sectional area of the dredged channel shall conform to that of the natural channel upstream and down stream of the site. d. Dredged or spoil material shall not be disposed of in a wetland and shall be either- i. Removed from the floodway; ii. Used to stabilize an existing bank provided no materials would be placed higher than the existing top of bank and provided the cross- sectional area of the natural channel would not be reduced by more than ten percent (10%), nor the volume of material placed exceed two (2) cubic yards per lineal foot of streambank; iii. Used to fill an existing washed out or scoured floodplain area such that the average natural floodplain elevation is not increased; iv. Used to stabilize an existing levee provided the height of the levee would not be increased nor its alignment changed; 16 v. Placed in a disposal site previously approved by the Department in accordance with the conditions of the approval; or, vi. Used for beach nourishment, provided the material meets all applicable water quality standards. e. Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including the stream banks, shall be seeded or otherwise stabilized upon completion of construction. 11. Bridge and culvert replacement structures and bridge widening meeting the following conditions of IDNRIOWR statewide Permit Number 12: a. A licensed professional engineer shall determine and document that the existing structure has not been the cause of demonstrable flood damage. Such documentation shall include, at a minimum, confirmation that: i. No buildings or structures have been impacted by the backwater induced by the existing structure; and, ii. There is no record of complaints of flood damages associated with the existing structure. b. A licensed professional engineer shall determine that the new structure will provide the same or greater effective waterway opening as the existing structure. For bridge widening projects the existing piers and the proposed pier extensions must be in line with the direction of the approaching flow upstream of the bridge. c. The project shall not include any appreciable raising of the approach roads. This condition does not apply if all points on the approaches exist at an elevation equal to or higher than the 100-year frequency flood headwater elevation as determined by a FEMA flood insurance study completed or approved by IDNRIOWR. 17 d. The project shall not involve the straightening, enlargement or relocation of the existing channel of the river or stream except as permitted by the IDNR/OWR Statewide Permit Number 9 (Minor Shoreline, channel and Streambank Protection Activities) or IDNR/OWR Statewide Permit Number 11 (Minor Maintenance Dredging Activities). e. The permittee shall maintain records of projects authorized necessary to document compliance with the above conditions. 12. Temporary construction activities meeting the following conditions of IDNRJOWR Statewide Permit Number 13: a. No temporary construction activity shall be commenced until the individual permittee determines that the permanent structure (if any) for which the work is being performed has received all required federal, state and local authorizations. b. The term "temporary" shall mean not more than one construction season. All temporary construction materials must be removed from the stream and floodway within one year of their placement and the area returned to the conditions existing prior to the beginning of construction. Any desired subsequent or repetitive material placement shall not occur without the review and approval of the IDNRIOWR. c. The temporary project shall be constructed such that it will not cause erosion or damage due to increases in water surface profiles to adjacent properties. For locations where there are structures in the upstream floodplain, the temporary project shall be constructed such that all water surface profile increases, due to the temporary project, are contained within the channel banks. d. This Section does not authorize the placement or construction of any solid embankment or wall such as a dam, roadway, levee, or dike across any channel or floodway. e. No temporary structure shall be placed within any river or stream channel until a licensed professional engineer determines and documents that the 18 temporary structure will meet the requirements of Section 6(A)(12)(c). Such documentation shall include, at a minimum, confirmation that no buildings or structures will be impacted by the backwater induced by the temporary structure. £ The permittee shall maintain records of projects authorized by this Section necessary to document compliance with the above condition. g. Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed areas shall be seeded or otherwise stabilized upon completion of the removal of the temporary construction. h. Materials used for the project shall not cause water pollution as defined by the Environmental Protection Act (415 ILCS 5). 13. Any development determined by IDNRIOWR to be located entirely within a flood fringe area shall be exempt from State Floodway permit requirements. B. Other development activities not listed in Section 6(A) of this Chapter may be permitted only if: 1. A permit has been issued for the work by IDNRJOWR (or written documentation is provided that an IDNRJOWR permit is not required); or, 2. Sufficient data has been provided to FEMA when necessary, and approval obtained from FEMA for a revision of the regulatory reap and base flood elevation. 8-7-7: Building Protection A. In addition to the damage prevention requirements of Section 6 of this Chapter, all buildings located in the floodplain shall be protected from flood damage below the flood protection elevation. This building protection requirement applies to the following situations: 1. Construction or placement of a new building or alteration or addition to an existing building valued at more than one thousand dollars ($1,000) or seventy (70) square feet. 2. Substantial improvements or structural alterations made to an existing building that increase the floor area by more than twenty percent (20%) or equal or exceed the market value by fifty 19 percent (50%). Alteration shall be figured cumulatively subsequent to the adoption of this Chapter. If substantially improved, the existing structure and the addition must meet the flood protection standards of this Section. 3. Repairs made to a substantially damaged building. These repairs shall be figured cumulatively subsequent to the adoption of this Chapter. If substantially damaged the entire structure must meet the flood protection standards of this Section. 4. Installing a manufactured home on a new site or a new manufactured home on an existing site (the building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage). 5. Installing a travel trailer or recreational vehicle on a site for more than one hundred eighty (180) days per year. 6. A Repetitive Loss Building. B. Residential or non-residential buildings can meet the building protection requirements by one of the following methods: 1. The building may be constructed on permanent land fill in accordance with the following: a. The lowest floor (including basement) shall be at or above the flood protection elevation. b. The fill shall be placed in layers no greater than six inches before compaction and should extend at least ten (10) feet beyond the foundation before sloping below the flood protection elevation. c. The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or other structural measure. d. The fill shall be composed of rock or soil and not incorporated debris or refuse material. e. Shall not adversely affect the flow of surface drainage from or onto neighboring properties, and, when necessary, stormwater management techniques such as swales or basins shall be incorporated. 20 2. The building may be elevated on solid walls in accordance with the following: a. The building or improvements shall be elevated on stilts, piles, walls, crawlspace, or other foundation that is permanently open to flood waters. b. The lowest floor and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation. c. If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of flood waters. Designs must either be certified by a licensed professional engineer or by having a minimum of one (1) permanent opening on each wall no more than one (1) foot above grade with a minimum of two (2) openings. The openings shall provide a total net area of not less than one (1) square inch for every one (1) square foot of enclosed area subject to flooding below the base flood elevation. d. The foundation and supporting members shall be anchored, designed, and certified so as to minimize exposure to hydrodynamic forces such as current, waves, ice, and floating debris. i. All structural components below the flood protection elevation shall be constructed of materials resistant to flood damage. ii. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other service facilities may be located below the flood protection elevation provided they are waterproofed. iii.The area below the flood protection elevation shall be used solely for parking or building access and not later modified or occupied as habitable space. iv. In lieu of the above criteria, the design methods to comply with these requirements may be certified by a licensed professional engineer or architect. 21 3. The building may be constructed with a crawlspace located below the flood protection elevation provided that the following conditions are met: a. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. b. Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. A minimum of one opening on each wall having a total net area of not less than one (1) square inch per one (1) square foot of enclosed area. The openings shall be no more than one (1) foot above grade. c. The interior grade of the crawlspace below the flood protection elevation must not be more than two (2) feet below the lowest adjacent exterior grade. d. The interior height of the crawlspace measured from the interior grade of the crawl to the top of the foundations wall must not exceed four (4) feet at any point. e. An adequate drainage system must be installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time after a flood event. f. Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage. g. Utility systems within the crawlspace must be elevated above the flood protection elevation. C. Non-residential buildin s may be structurally dry floodproofed (in lieu of elevation) provided a licensed professional engineer or architect certifies that: 1. Below the flood protection elevation the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood. 22 2. The building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and the impact from debris and ice. 3. Floodproofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity. 4. Levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this subsection. D. Manufactured homes or travel trailers to be permanently installed on site shall be: 1. Elevated to or above the flood protection elevation in accordance with Section 7(B). 2. Anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the rules and regulations for the Illinois Mobile Home Tie-Down Act (210 ILCS 12011, et seq.) and the Manufactured Home Installation Code (77 Ill. Adm. Code 870.10, et seq.). E. Travel trailers and recreational vehicles on site for more than one hundred eighty (180) days per year shall meet the elevation requirements of Section 7(D) unless the following conditions are met: 1. The vehicle must be either self-propelled or towable by a light duty truck. 2. The hitch must remain on the vehicle at all times. 3. The vehicle must not be attached to external structures such as decks and porches. 4. The vehicle must be designed solely for recreation, camping, travel, or seasonal use rather than as a permanent dwelling. 5. The vehicles largest horizontal projections must be no larger than four hundred (400) square feet. 6. The vehicle's wheels must remain on axles and inflated. 7. Air conditioning units must be attached to the frame so as to be safe for movement of the floodplain. 8. Propane tanks as well as electrical and sewage connections must be quick-disconnect and above the 100-year flood elevation. 23 9. The vehicle must be licensed and titled as a recreational vehicle or park model, and must either: a. entirely be supported by jacks; or, b. have a hitch jack permanently mounted, have the tires touching the ground and be supported by block in a manner that will allow the block to be easily removed by used of the hitch jack. F. Garages, sheds or other minor accessory structures constructed ancillary to an existing residential use may be permitted provided the following conditions are met: 1. The garage or shed must be non-habitable. 2. The garage or shed must be used only for the storage of vehicles and tools and cannot be modified later into another use. 3. The garage or shed must be located outside of the floodway or have the appropriate state and/or federal permits. 4. The garage or shed must be on a single family lot and be accessory to an existing principle structure on the same lot. 5. Below the base flood elevation, the garage or shed must be built of materials not susceptible to flood damage. 6. All utilities, plumbing, heating, air conditioning and electrical must be elevated above the flood protection elevation. 7. The garage or shed must have at least one permanent opening on each wall not more than one (1) foot above grade with one (1) square inch of opening for every one (1) square foot of floor area. 8. The garage or shed must be less than ten thousand dollars ($10,000) in market value or replacement cost whichever is greater or less than five hundred (500) square feet. 9. The structure shall be anchored to resist floatation and overturning. 10. All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored above the flood protection elevation. 11. The lowest floor elevation should be documented and the owner advised of the flood insurance implications. 24 8-7-8: Subdivision Requirements The United City of Yorkville shall take into account hazards, to the extent that they are known, in all official actions related to land management use and development. A. New subdivisions, manufactured home parks, annexation agreements, planned unit developments, and additions to manufactured home parks and subdivisions shall meet the damage prevention and building protection requirements of Sections 6 and 7 of this Chapter. Any proposal for such development shall include the following data: 1. The base flood elevation and the boundary of the floodplain, where the base flood elevation is not available from an existing study, the applicant shall be responsible for calculating the base flood elevation. 2. The boundary of the floodway when applicable. 3. A signed statement by a registered Professional Engineer that the proposed plat or plan accounts for changes in the drainage of surface waters in accordance with the Plat Act (765 ILCS 20512). Streets, blocks, lots, parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels. Wherever possible the floodplains shall be included within parks or other public grounds. However, the floodplain areas within parks dedicated to satisfy the City Land Cash Ordinance (Ord. 1996-3 and amending ordinances 2003-12, 2004-22, 2005-37 and 2006-91) shall not apply toward any land dedication required by said Ordinance unless as described by Section I(A)(1) of said Ordinance. 8-7-9: Public Health and Other Standards A. Public health standards must be met for all floodplain development. In addition to the requirements of Sections 6 and 7 of this Chapter the following standards apply: I. No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of Section 7 of this Chapter. 2. Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage. 25 3. Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. 4. New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other above ground openings located below the flood protection elevation shall be watertight. 5. Construction of new or substantially improved critical facilities shall be located outside the limits of the floodplain. Construction of new critical facilities shall be permissible within the floodplain if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor (including basement) elevated or structurally dry floodproofed to the 500-year flood frequency elevation or three feet above the level of the 100- year flood frequency elevation whichever is greater. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities. B. All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages. 8-7-10: Carrying Capacity and Notification For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained. In addition, the United City of Yorkville shall notify adjacent municipalities in writing thirty (30) days prior to the issuance of a permit for the alteration or relocation of the watercourse. 8-7-11: Variances Whenever the standards of this Chapter place undue hardship on a specific development proposal, the applicant may apply to the City Code Official for a variance. The City Code Official shall review the applicant's request for a variance and shall submit its recommendation to the City Council. The City Council may attach such conditions to granting of a variance as it deems necessary to further the intent of this Chapter. A. No variance shall be granted unless the applicant demonstrates that all of the following conditions are met: 26 1. The development activity cannot be located outside the floodplain. 2. An exceptional hardship would result if the variance were not granted. 3. The relief requested is the minimum necessary. 4. There will be no additional threat to public health, safety or creation of a nuisance. 5. There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities. 6. The applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP. 7. All other state and federal permits have been obtained. B. The City Council shall notify an applicant in writing that a variance from the requirements of the building protection requirements of Section 7 of this Chapter that would lessen the degree of protection to a building will: 1. Result in increased premium rates for flood insurance up to twenty-five dollars ($25) per one hundred dollars ($100) of insurance coverage. 2. Increase the risk to life and property. 3. Require that if the applicant wishes to proceed, he/she must acknowledge in writing the assumption of the risk and liability. C. Variances to the building protection requirements of Section 7 of this Chapter which are requested in connection with reconstruction, repair, or alteration of a historic site or historic structure as defined in "Historic Structures," may be granted using criteria more permissive than the requirements of Sections 6 and 7 of this Chapter subject to the conditions that: 1. The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure. 2. The repair or rehabilitation will not result in the structure being removed as a certified historic structure. 8-7-12: Disclaimer of Liability The degree of protection required by this Chapter is considered reasonable for regulatory purposes and is based on available information derived from 27 engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes. This Chapter does not imply that development either inside or outside of the floodplain will be free from flooding or damage. This Chapter does not create liability on the part of the United City of Yorkville or any officer or employee thereof for any flood damage that results from proper reliance on this Chapter or any administrative decision made lawfully thereunder. Section 3. This ordinance repeals and replaces all other ordinances adopted by the United City of Yorkville to fulfill the requirements of the National Flood Insurance Program. However, this ordinance does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does this ordinance repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this ordinance and other ordinance easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 4. The provisions and sections of this Ordinance shall be deemed separable and the invalidity of any portion of this Ordinance shall not affect the validity of the remainder. Section 5. This ordinance shall be in full force and effect from and after its passage, approval, and publication as required by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2009. ATTEST: 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 28 CITf Reviewed By: Agenda Item Number Z Z-9!-� -n Legal El k a `, J , it 1 3 EST, �r 1836 En Finance lneer ■ g Tracking Number j�-- g City Administrator ❑ Consultant El PW 2009-24 <L E F1 Agenda Item Summary Memo Title: Fox Road LAPP — Agreements for Engrg., Federal Participation, and MFT Resolution Meeting and Date: City Council—2/24/09 Synopsis: These agreements are for construction engineering and 75% federal participation. The MFT resolution for$142,500 pays for the city's share of the project. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval of construction engineering agreement, federal participation agreement, and MFT appropriation resolution. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CO. ZI kM o Memorandum M. , 1836 To: Brendan McLaughlin, City Administra&pr From: Joe Wywrot, City Engineer �] Q� p CC: Sue Mika, Finance Director Lisa Pickering, Deputy City Clerk Date: February 10, 2009 Subject: Fox Road LAPP Project—Agreements for Construction Engineering &Federal Participation, and MFT Resolution Attached find one (1) copy each of two agreements for the Fox Road(Rt.47—Poplar)project. Also attached find an NET appropriation resolution in the amounts of$142,500.00 to pay for the city's share of this project. This project includes 75% federal participation for both construction and construction engineering. In order to keep on track for the planned April 2009 bid opening, we need to proceed at this time with approval of these agreements and the appropriation resolution. Please place these items on the February 17, 2009 Public Works Committee agenda for consideration. IffIOIS � - Y� Resolution for Improvement by PI „ Municipality Under the Illinois Of Transpodaabw Highway Code BE IT RESOLVED, by the City Council of the Council or President and Board of Trustees United City of Yorkville Illinois City,Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thorou hfare Route From To Fox Road FAU 2516 Illinois Route 47 Poplar Drive BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of construction and construction engineering and shall be constructed NIA wide and be designated as Section 08-00037-00-RS 2. That there is hereby appropriated the (additional ® Yes ❑ No)sum of One hundred forty-two thousand, five hundred and 001100 Dollars( $142,500.00 )for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Approved I, Jacquelyn Milschewski Clerk in and for the United City of Yorkville City,Town or Village County of Kendall , hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council Council or President and Board of Trustees Department of Transportation at a meeting on February 24, 2009 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City,Town,or Village Clerk Printed 2/10/2009 BLR 09111 (Rev. 11106) VIllinois�y,.,�t ••a-••-� +-..�ww. w,n[aW nn rulcd Account of Transportation United City of Yorkville X Local Agency Agreement Section Fund Type ITEP Number for Federal Participation 08-00037-00-RS STU Construction En ineerin Ri ht of-Way Job Number Project Number Job Number Project Number Job Number Project Number C-93-020-09 M-9003(117) This Agreement is made and entered into between the above local agency hereinafter referred to as the"LA"and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as"STATE". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as"FHWA". Location Local Name Fox Road Route FAU 2516 Length 5,337 fl. Termini From 380' East of Poplar Drive to 108'West of Illinois Route 47(FAP 326) Current Jurisdiction United City of Yorkville Existing Structure No NIA Project Description This work shall consist of pavement patching, hot in-place recycling, leveling binder 1.0"and surface course 1.5", aggregate shoulders, pavement striping, restoration and incidental and collateral work necessary to complete the project as shown in the plans. Division of Cost Type of Work FHWA % STATE % LA % Total Participating Construction $378,750.00 ( ) { ) $126,250.00 ( BAL ) $505,000.00 Non-Participating Construction ( } ( } ( } Preliminary Engineering ( } { ) { } Construction Engineering $48,750.00 ( ) ( ) $16,250.00 ( BAL $65,000.00 Flight of Way ( } { } Railroads ( } { } Utilifies ( } ( ) ( } TOTAL $ 427,500.00 $ $ 142,500.00 $ 570,000.00 'Maximum FHWA(STU) Participation 75%Not to Exceed$427,500.00 NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and Stale participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15%of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement,the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required,to cover the LA's total cost. Method of Financing(State Contract Work} METHOD A---Lump Sum (80%of LA Obligation) METHOD B--- Monthly Payments of METHOD C---LA's Share Balance divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 214!2009 Page 1 of 4 BLR 05310(Rev.03126108) THE LA AGREES: -, __..--••-• ---•-•_-•- (1) To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids,the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments,if any,will be cooperatively determined by representatives of the LA,and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities,public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum(addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained,in a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain,for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts,recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books,records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department;and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A- Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump sum, an amount equal to 80%of the LA's estimated obligation incurred under this Agreement,and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs)in a lump sum, upon completion of the project based upon final costs. Method 13- Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE,a specified amount each month for an estimated period of months, or until 80%of the LA's estimated obligation under the provisions of the Agreement has been paid,and will pay to the STATE the remainder of the LA's obligation(including any nonparticipating costs)in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment(appropriately adjusted for nonparticipating costs)made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed,the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed,the LA will repay the STATE any Federal Funds received under the terms of this Agreement. (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation,2300 South Dirksen Parkway,Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission(ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. Printed on 2/4!2009 Page 2 of 4 BLR 05310(Rev.03/215108) (a) are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain or performing a public(f=ederal, Stale or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State, local)with commission of any of the offenses enumerated in item(b) of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal,State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (Slate Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding$100,000 in federal funds,execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement,and the extension,continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress,in connection with this Federal contract,grant, loan or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts,subgrants and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment,certified time sheets, vendor invoices,vendor receipts,and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed$1,000,000(five years if the project costs exceed$1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. (25) (Single Audit Requirements) That if the LA receives$500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget(OMB) Circular No.A-133. LA's that receive less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after the completion of the audit,but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE(and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or Slate funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: Printed on 2/4/2009 Page 3 of 4 BLR 06310(Rev.03/26108) ' -...�-. _._.� _..�... ...........�..... ... ,.�.._�._-.......y..., r.v•,wv..0 u uu.n rya wnlnu�aldwronl cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling, to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel,cement,aggregate,structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the dale of execution of this Agreement. (2) This Agreement shall be binding upon the parties,their successors and assigns. (3) For contracts awarded by the LA,the LA shall not discriminate on the basis of race,color,national origin or sex in the award and performance of any USDOT—assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT—assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program,the department may impose sanctions as provided for under part 26 and may,in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 at seq.). In the absence of a USDOT—approved LA DBE Program or on State awarded contracts,this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year,the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et sec.)unless the provisions of that Act exempt its application. ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number i Location Mao Fox Road (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment,that it accepts and will comply with the applicable provisions set forth in this Agreement and all addenda indicated above. APPROVED APPROVED Slate of Illinois Name Valerie Burd Department of Transportation Title Mayor Mayor Milton R.Sees,Secretary of Transportation Signature Date Date TIN Number 36-6006169 Christine M.Reed,Director of Highways/Chief Engineer NOTE: If signature is by an APPOINTED official, a resolution authorizing Ellen J.Schanzle-Haskins, Chief Counsel said appointed official to execute this agreement is required. Ann L.Schneider,Director of Finance and Administration Printed on 2/4/2009 Page 4 of 4 BLR 05310(Rev.03126/08) 1 Daum r; as Q .■Q ��000� ■ � 1 on a �■■ .■ C rte..-�' 1 �p0 Bea ►� ■ "Jill\\ Itt iuxi� � ��_�= OWN �� `t■f � �� Ull llll �� tttrr rr�� irrr■. •��1 ��'� sit ��t ,114 Mla � :■1 till'.. �.: I1, 1 1.yi :R1 1�It'tt� rr�tttt tllllt_Inns Ml«'+A �I 1 1 iii jj tea,�a_ 1t .rlf1=�� Min �` sir` ■. 1�■ ��as �Il�M::ON .fir �•��jl�'�� .. mil an ww" ,`,+• LIU= OWNER RAW PIN r WO 1►��• 110 WME IMP p 1 - F_ Local Agency Consultant United City of Yorkville L 111inois Department Engineering Enterprises, Inc. p of Transportation C County C 0 Address Kendall A N 52 Wheeler Road Section L S City -08-00037-QQ-R,q Sugar Grove Project No. A Construction Engineering U Slate IL Job No. G Services Agreement For T Zip Code A B0554 Congtact NamelPhone/E-mail Address N Federal Participation IN Contact Name/Phone/E-mall Address Joe Wywrot, P.E, 630-553-8527 C T Ronald G. Naylor, P.E., 630-466-6700 JWywrot@yorkville.il.us Y rnaylor@eeiweb.com THIS AGREEMENT is made and entered into this day of between the above Local Agency(LA) and Consultant(ENGINEER) and covers certain professional engineering services in connection with the PROJECT described herein. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation(STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT the following terms are used, they shall be interpreted to mean: Regional Engineer Regional Engineer, Department of Transportation Resident Engineer lA Employee directly responsible for construction of the PROJECT Contractor Company or Companies to which the construction contract was awarded Project Description Name Fox Road Route 2516 Length 5,337 It Structure No. NIA Termini From 380' East of Poplar Drive to 108'West of Illinois Route 47 (FAP 326) Description: This work shall consist of pavement patching, hot in-place recycling, leveling binder 1.0"and surface course 1.5", aggregate shoulders, pavement striping, restoration and incidental and collateral work necessary to complete the project as shown in the plans. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the engineering services for the LA,in connection with the PROJECT hereinbefore described and checked below: ® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR)Quality Control/Quality Assurance (QC/QA) training documents or contract requirements and obtain samples and perform testing as noted below. ® b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples and perform testing as noted below. ® c. For soils,to obtain samples and perform testing as noted below. ® d. For aggregates, to obtain samples and perform testing as noted below. NOTE: For 1a.through 1d.the ENGINEER is to obtain samples for testing according to the STATE BMPR'Project Procedures Guide",or as indicated in the specifications, or as attached herein by the LA;test according to the STATE BMPR'Manual of Test Procedures for Materials",submit STATE BMPR inspection reports;and verity compliance with contract specifications. ® e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit inspection reports to the LA and the STATE in accordance with the STATE BMPR'Project Procedures Guide'and the policies of the STATE. ® f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA trained technician classes. ® g. Inspect,document and inform the resident engineer of the adequacy of the establishment and maintenance of the traffic control. Page 1 of 7 BLR 05611 (Rev.9106) Printed on 2/4/2009 9:23:45 AM X h. Geometric control including all construction staking and construction layouts. ® i. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. ® j. Measurement and computation of pay items. ® k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. ® I. Preparation and submission to the LA by the required form and number of copies,all partial and final payment estimates, change orders, records, documentation and reports required by the LA and the STATE. ® m. Revision of contract drawings to reflect as built conditions. 2. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To furnish the services as required herein within twenty-four hours of notification by the resident engineer or authorized representative. 4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the to or STATE, 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without the written consent of the LA. The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 6• The ENGINEER shall submit invoices, based on the ENGINEER's progress reports, to the resident engineer, no more than once a month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value, to the LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage(equal 10 the percentage of the construction engineering completed) of the fixed fee for the fully completed work. 7• That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER'work and correction of any errors,omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from the ENGINEER's error,omission or negligent act,the ENGINEER shall indemnify the LA, the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply with applicable federal statutes,state of Illinois statutes,and local laws or ordinances of the LA. 10. The undersigned certifies neither the ENGINEER nor I have: a) employed or retained for commission, percentage,brokerage, contingent fee or other considerations, any firm or person(other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT; b) agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c) paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for,or in connection with, procuring or carrying out the AGREEMENT, d) are not presently debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public (Federal, State or local)transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,falsification or destruction of records, making false statements or receiving stolen property; f) are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, Stale or local)with commission of any of the offenses enumerated in paragraph(e) of this certification;and g) have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal, Slate or local) terminated for cause or default. Page 2 of 7 BI_R 05611 (Rev.9106) Printed on 2/4/2009 9:23:45 AM 11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 13. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the work called for in the AGREEMENT. II. THE LA AGREES, 1. To furnish a resident engineer to be in responsible charge of general supervision of the construction. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF= 14.5%[DL+R(DL)+OH(DL)+ IHDC], or ❑ CPFF= 14.5%[DL+R(DL)+1.4(DL)+ IHDC],or ❑ CPFF= 14.5%[(2.3+ R)DL+ IHDC] Where: DL= Direct Labor IHDC= In House Direct Costs OH=Consultant Firm's Actual Overhead Factor R=Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 515-409: ❑ With Retainage a) For the first 50%of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER,such payments to be equal to 95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 6. The recipient shall not discriminate on the basis on the basis of race,color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.). Page 3 of 7 BLR 05611 (Rev.9/06) Printed on 214/2009 9:23:45 AM Ill. It is Mutually Agreed, 1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books, documents, papers,accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT,for inspection by the STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR has completed the construction contract. 3. That all field notes,test records and reports shall be turned over to and become the property of the LA and that during the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at the ENGINEER's last known address,with the understanding that should the AGREEMENT be terminated by the LA, the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section Il shall be multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field notes, lest records and reports completed or partially completed at the time of termination shall become the property ol,and be delivered to, the LA. 5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER,one member appointed by the LA,and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 6. That in the event the engineering and inspection services to be furnished and performed by the LA(including personnel furnished by the ENGINEER)shall, in the opinion of the STATE be incompetent or inadequate,the STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions, except as provided in numbered paragraph 1 f of Section 1. 8. This certification is required by the Drug Free Workplace Act(3011-CS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including,but not limited to,suspension of contract or grant payments,termination of a contract or grant and debarment of contracting or grant opportunities with the State for at least one (1)year but no more than five(5)years. For the purpose of this certification,"grantee"or'contractor"means a corporation,partnership or other entity with twenty-five(25) or more employees at the time of issuing the grant,or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State,as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance,including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will: (A) abide by the terms of the statement;and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance program;and Page 4 of 7 BLR 05611 (Rev.9106) Printed on 2/4/2009 9:23:45 AM t,+) ine penaiiies mat may oe imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10)days after receiving notice under part(B)of paragraph (3) of subsection (a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted,as required by section S of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 9. The ENGINEER or subconsultanl shall not discriminate on the basis of race,color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Prime Consultant: TIN Number Agreement Amount E Enterprises, Inc. 36-3150869 $64,997.37 Sub-Consultants: TIN Number Agreement Amount Terracon Consultants, Inc. Terracon 42-1249917 $10,766-25 Sub-Consultant Total: $10,766.25 Prime Consultant Total: $54,231.12 Total for all Work: $64,997.37 Executed by the LA: United City of Yorkville (Municipalitylrownship/County) ATTEST: By: By: Clerk Title: Mayor (SEAL) Executed by the ENGINEER: ATTEST: Engineering Enterprises, Inc. b r/ /' By: By: Title: Adml strative Assistant Title: Vice President Page 5 of 7 BLR 05611 (Rev.9106) Printed on 2/4/2009 9:23:45 AM FJDOSIr A ROUIE'FAU 2510(TT7X ROAD'.3W E OF POLAR TO tae W.OF L 4', PHASE 111-CONSTRUCTION ENGINEERING FEN.0;AR OVED RATES ON FILE WITH MOTS LOCAL AGENCY-UOTEO WY OF YORNYLLE fOOA4TND AND AUOITNG: SECTK*J.m.aGW4 D4lS ATE:185.W PROJECT:M-aggl IY) FOX ROAD LAPP REKWACM FACTOR- 1110 O ODDS O 0 97 JGRNO:G�'a0a AYS CONT9ACTN0:07777 Es nmATE OP LEVEL OF EFFORT Am A950CJATEO COal EMT Mia WWJLTURS NO.WA FROFEOSIDNAL ENOWEEMM AND LANG SURTEYNO SERVICES TYPEOF EIlIDfFO:STV can tkn N F-141 aPF-1•5%M.FNMJ!t CPFE.NS W3-FQOL WO PAYROLL AVO PROJECT AWmM9TRATWN PROJECT LAYOUT PROJEC'7 W6ERYATM)N P1IOJECT OOCWFMAOON CLLSSFICATION HDLIFLY L WGTO S WfiTO S WOTO 15 WOTO RATES liOlAl9 FART. RMOORS ATE M PART PLATE HOURS PART. RATE HOURS PART RATE I SENOR PiONCIPAL 1 7039 IWO coo am OQw OA30 ova col 0. a PRINCIPAL 7 Se 20. 4 70ti + am a 0 coo m 0 am SENOR PROJECT MANAGER s 47.79 14 2593 17 0 00 14 425 2 25 22.941 10. +PROJECT MANAGER s 00]I 4 741 2 0.00 0. 14 I s 0 am 5ENOA PROJECT ENONEERJRA7NERM AIRVEYORD 7561 OLOO am 0m CAN 0 gg goo am M.- e sEF aDR PRno cr EH+a EERJPUwNEwsurvEYDR I a xo 4e xe 40.is u.t M x94 Ma zba+ 0.Q s 2334 Pia 0. + 000 0 a 4 SENOR ENDNEEWPIAI�OiEWSVRVEYOR i 2t.0 a D 0 0 O 0 SENOR PROJECT TECINNIAN I 4711 9 m 0 000 0- 4 3.57 r PROJECTTECkNICJAN 1 20.77 a 0-OO a II sEAUOR iFC16N-tAJI 1 25.42 a om O 12 ADWaSTFIATIYE A555rANT s 21.14 0 11.11 2 7 2.1 D4 14 1234 a o. TOTALS s4 1 7s.w f 729 1 7077 1 100 77 1,940 7 49.992 sm 10.559 1 PAYROLL AVG. CL.ASLUICATIOH HOURLY ARAN PAYROLL PAYROLL GARDEN OVERHEAD RATES Noum COST! ■FAINGECOSTS •EXPENSES PROFIT TOTAL 'EIRms 1001 PATES ASOF AUGUST 10,2008 SENIOR PFONdPAL 5 TOM 0 am can COO 0.00 000 PFNCJPAL 1 ULM 4 24.14 T71 ZW 2sam DO% 70005 SENOA PROJECT MANAGER 7 17179 ST 2,532.07 1ASTM 2 IA4&11 0 m PAYROL L BURDEN A FRMIGE' 77.35 RiOIECTAMMOER 5 7b77 in LST SO Alp 40 77979 27mag 2172.79 OVLRHEATIAFXPFN5E5 Iif6 SENOR PROJECT FNGINEERIPt.AANERMURVEYOR9 1 asst 0 am 0 Om Q 0170 PROFIT 14. SENIOR PROJECT ENGWEERTIJ4WM7V9UAVEYOA I b 21AB 794 17,015.11 e.5la,ea 12.00020 4j9VLa5 VA204 PROECT ENGNEEFVRAJNEIV5l1RVEYOI 4 2524 4 loom 7445 112.77 4117 719646 SENIOR ENGNEEIVPLAI'NE1V907VE'AR i 21.15 0 am Om o am Om SENOR P11nJECT TEC1ai1CUN 1 1 =71) I 12140 90.01 137.11 275 400.77 PFlMXCTTECHNXvw 1 m77 a am a am am am SENIOR TECHNICIAN 3 25.42 0 Qm am Om o O.m ADIAINISTR1l ASiS. 1 2f.f/ 27 67074 41007 8730 775.b7 1011.m SUR TMAL s- Sta m nt naT7 iti m71 f< I.4 iit as4.n seavocee SY OTHFAS 7FRRACd1 COW$ILTANr M1O 110100.7 U"10105E ONECT COWIL TRANSPORTATXW 2 25am PROFIT ' SUSrOTAI. nx43s 17711x. ADOff10NALPROMCT TOTAL U 447.70 014 sFY G1PYHtLYak M1a04lYOm15 fm ROaM UOPP1EnpYlrM�g AgnOFOaN,11BLR GI031 Eelm A CamuFt6n EgMArina PAOp a�1Fdim A ENGNEERDM ENTERPRISES.NC. OOH5lLT1NG fSiGaiEERs OUGAR GROVE L Pp,I ENGINEERING ENTERPRISES, INC. PAYROLL HOURLY RATE RANGE PROFESSIONAL ENGINEERING& LAND SURVEYING SERVICES December 2008 PAYROLL HOURLY AVERAGE CLASSIFICATION RATE HOURLY RANGE RATE [E-4] Senior Principal $72.12-$100.96 $ 86.54 [E-3] Principal $57.69-$60.10 $ 58.29 [E-2]Senior Project Manager $42.71 -$57.69 $47.79 [E-1] Project Manager $34.32-$39.26 $ 36.31 [P-6]Sr. Project Engineer/Planner/Surveyor II $32.85-$42.25 $ 35.51 [P-5] Sr. Project Engineer/Planner/Surveyor 1 $25.68-$32.32 $ 29.48 [P-4] Project Engineer/Planner/Surveyor $23.08-$31.25 $ 25-24 [P-3] Senior EngineerlPlanner/Surveyor $21.15-$21.15 $ 21.15 [T-6]Sr. Project Technician II $33.05-$39.32 $ 36.16 [T-5]Sr. Project Technician 1 $29.73-$31.67 $ 30.70 [T-4] Project Technician $25.76-$26.99 $ 26.37 [T-3]Senior Technician $25.42-$25.42 $ 25.42 [A-3]Administrative Assistant $14.33-$25.88 $ 21.14 FOX ROAD LAPP RESURFACING PROJECT UNITED CITY OF YORKVILLE Section No. 08-00037-00-RS DIRECT EXPENSES NO. UNIT COST/UNIT COST DESCRIPTION: VehiclefFransportation 50 Day $ 45.00 $ 2,250.00 Total $ 2,250.00 G:1Put j6Yort( McV0081Y00815 Fox Road LAPPIEngineenng AgreemerssWLR 05611 EXKW A Consinction EVneenng Phase WAsIDirect ea I MIA I to UUN51 HUL:I IUN Mill'ItEHINU SERVICES FOR THE FOX ROAD LAPP PROJECT Proiect Information: Key Dates: Section:08-00037-00-FIS Letting:April 24,2009 Local Agency.United City of Yorkville (anticipated) Award:May 22,2009 County:Kendall (anticipated) Begin Construction:June 15,2009 Personnel Hours Required moJ i_> ? Z Z G m 's m 7 7 7 C H rr m l0 N 4n Cr c c F_ v 5 Q ¢ m c m m r ? o a t o ca a o a o o m v m CL d 7 Q ZZ d m m` m c `o c � _c o c `o � `o c = U t c c o CD C is .o m 'c c "E E y c Dale; Construction En ineerin Service m m m e . m c m ° m b o m a` cn a` w rn W W cn W U) 4 u] ¢ > e 1 7 Jun `a __ ".".' :26' 2 "g 2 13-Jun •t=x: '..:�. ,k.�, :�:�� ..r,. �'sa .a. . .,.. . �t ..�„� 4� •'�fQ*• 's 14-Jun 0 W-11`i .., � . _ , a 40 gx� . 21 Jun a k ' X yy- i $ :. Al f 5a n Syr c +� gj,�Zr y�AQ $I pa .8 ,1 2 27-Jun 0 28-Jun 0 1 Y; X05 t p3tl�( PSr s c > 7 is r •tom + � far 2, , .�:' , . 8 1 , Q 4-Jul 0 5-Jul r, rl$ 4•t,.,,r.,�-rA�.�'! f rfr ff'z' ^4 k e,S - 'LYE'•-. r' .k fi�1 Ff i ;,:i'�"i; .l�•_i •.�. ':.: F�'s -e tea'. S.'. - lk -k } ^per 4a v �, 11-Jul MEE 0 12-Jul _ 0 M F t , 1 t !1 7 � •+,`l�,�i' x Lwl � IL 4Y�' V #'f .L.v .it. 1$-July � ' 19 0 Jul 7 s r, _...... r+ .'"�• ��i. t�- �'�''.+z �?�� ";�i� � lun::�t�• � 25-Jul a 26-Jul .a 3.7'� •'i.'' :f:` � *rrj '4P•='.y y ��,� .I�w e,'�' "F,3''.8:.] ;'i+. 0 2-Aug 0 it 0 4 53 16 0 394 4 0 4 0 0 27 504 50 ENGINEERING ENTERPRISES,INC. CONSULTING ENGINEERS SUGAR GROVE.IL Exhibit B Illinois Department of Transportation Engineering Payment Report Prime Consultant Name Engineering Enterprises, Inc. Address 52 Wheeler Road Telephone 630-466-6700 TIN Number 36-3150869 Project Information Local Agency United City of Yorkville Section Number 08-00037-00-RS Project Number M-9003(117) Job Number C-93-020-09 This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for perjury or falsification,the undersigned certifies that work was executed by the Sub-consultant for the amount listed below. Sub-Consultant Name TIN Number Actual Payment from Prime Terracon Consultants, Inc. 42-1249917 Sub-Consultant Total: Prime Consultant Total: Total for all Work Completed: Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. Page 7 of 7 BLR 05611 (Rev.9106) Printed on 2/4/2009 9:23:45 AM scull Consulting Engineers&Scientists January 13, 2009 135 Ambassador Drive Naperville,Illinois 60540 Phone 630.717.4263 Engineering Enterprises, Inc. Fax 630.357.9489 52 Wheeler Road www.terracon.com Sugar Grove, Illinois 60554 Attention: Mr. Tim Weidner Project Engineer RE: Proposal for Quality Assurance (QA) Testing Services Fox Road LAPP — Materials Engineering County: Kendall Yorkville, Illinois Terracon Proposal No.: P11090009 Dear Mr. Weidner: Thank you for allowing Terracon Consultants, Inc. (Terracon) the opportunity to submit this proposal to provide Construction Observation and Testing Services for the above referenced project in Yorkville, Illinois. We appreciate your consideration and look forward to our continued relationship with EEL A. PROJECT INFORMATION The proposed project is planned to start around June, 2009. The proposed improvements begin at station 13+80 on Fox road a point 5,445 feet west of the centerline of IL Route 47 in the United city of Yorkville, Illinois. The work terminates at a point 108' to the west of the centerline of IL route 47. It is our understanding that the work will consist of removal and resurfacing of bituminous pavements, removal and replacement of side walk concrete. Also included is trench backfill, patches, combination of curb & gutter and HMA drive way pavements etc. B. SCOPE OF SERVICES We understand that our scope of services will include performing Quality Assurance (QA) on behalf of the city of Yorkville. Quality Control (QC) services will be performed by others on behalf of the Contractor. The frequency of sampling and testing will be performed in general accordance with the latest version of the Project Procedure Guide and other IDOT testing procedures and policies and guidelines outlined in the IDOT "Standard Specifications for Road and Bridge Delivering Success for Clients and Employees Since 1965 More Than 95 Offices Nationwide Fox Road LAPP Tarraccrl :onpul entr, inc. Yorkville, Illinois Terracon Proposal No. P11090009 January 13, 2009 Page 2of8 Constructlonh and "Supplemental Specifications and Recurring Special Provisions" dated January 1, 2007. Concrete Inspection An IDOT Level II Certified Plant Technician will perform testing at the concrete plant in general accordance with the requirements of ACI 311.5R "Guide for Concrete Plant Inspection of Ready Mixed Concrete" and IDOT's "Guidebook for Reporting Material Inspection on Portland Cement Concrete Mixtures", dated February 1, 2002. The technician will be present at the batch operations to verify that the specified type and amount of materials batched conform to the approved design mix proportions, or that batch weights fall within the specified tolerances. Batch weight tickets will be obtained at the batching console with type and batch weights of aggregate, cement, water cement ratio and admixtures shown. The weights will be compared to the mix design. On a weekly basis, samples of fine and coarse aggregate used in concrete batched will be returned to the laboratory for moisture content and gradation determination. Slump and air content tests will be performed on the batched concrete. Test results not in compliance with specification or mix design will be immediately reported to the united city of Yorkville, IDOT and Plant QC personnel. Asphalt Field Testing Density tests will be performed on the asphalt during placement. If requested, asphalt core samples will also be taken to verify thickness and/or density and calibrate the nuclear density testing gauge. Asphalt Plant Testing An IDOT Certified Plant Technician will perform testing at the asphalt plant to verify that the materials used to produce the mix meet the approved mix design. Our technician will perform scale checks, record asphalt mix and aggregate temperatures and obtain aggregate samples from stockpiles/hot bins for gradation tests. Test results not in compliance with specifications or mix design will be reported to the united city of Yorkville, IDOT and Plant QC personnel. Asphalt Laboratoa Testing An IDOT Certified Technician will perform gradation tests of aggregate samples collected at the plant and perform laboratory tests of the hot mix sample to determine specific gravity, gradation, asphalt content and voids by extraction and gyratory method. Test results not in compliance with specifications or mix design will be reported to the united city of Yorkville, IDOT and Plant QC personnel. Fox Road LAPP Terr accn Consultants, Inc. Yorkville, Illinois Terracon Proposal No. Pl1090009 January 13, 2009 Page 3 of 8 Additional Services Adjustments to the estimated scope described above may be necessary if additional project information and/or specifications related to our work are altered. If you would like us to perform additional services beyond the scope described above, let us know and we will issue another short Supplement to the Agreement form, or Supplemental Proposal, which outlines the additional work to be performed and the associated fees. To authorize us to begin this additional work, you simply return a signed copy of the Supplement. Test Results Reporting of results will be in accordance with the project procedures guide. Results of field tests will be submitted verbally to authorize personnel at the site upon completion of the tests. Hand-written copies of our Daily Reports may be left at the job-site trailer each day, if you desire. Final summaries of field tests and observations are usually submitted at intervals of approximately one to two weeks. However, the report interval may be adjusted to fit your needs. Results of laboratory tests will be submitted either upon completion of tests or with the next field services report. The presence of and testing performed by our representative does not relieve the contractor(s) or his agent(s) from contractual responsibilities and does not excuse defects in his work. Our services specifically exclude job site safety responsibility, and our services do not relieve any contractor/subcontractor from complying with project specifications. Protect Schedule Our services will be provided as requested by you or your designated representative. We recommend the services be scheduled a minimum of one (1) working day in advance. We will endeavor to schedule services on lesser notice, but may not always be able to meet the desired project schedule. All requests for services should be submitted to this office, (phone 630/717-4263). Fox Road LAPP "elraa;r Consulipmr, inc, Yorkville, Illinois Terracon Proposal No. P11090009 January 13, 2009 Page 4 of 8 C. COMPENSATION The billing for our services will be based on the work performed and charged in accordance with our schedule of fees listed below. We understand that this prooect will fall under Illinois Prevailing Wage law. The rates listed below are For the current Prevailing Wage Rates in Kendall County for March 2009. UNIT RATES PrincipalEngineer(P.E.) ......................................................................................... $150.00/hour Project Manager(Project Coordination/Supervision and Reports)........................... $105.00/hour Union Technician— Material Tester 1 Classification ..................................................$76.101hour Union Technician— Material Tester 2 Classification ..................................................$90.10Ihour StandardProctor.....................................................................................................$150.001each Modified Proctor......................................................................................................$175.00Ieach Concrete Cylinders (Compressive Strength Test and Unbroken) ............................. $15.00/each Mortar and Grout Compressive Strength Test...........................................................$18.001each Sieve Analysis - Unwashed (ASTM C 136)................................................................$90.00/each Sieve Analysis—Washed over#200 sieve (ASTM C 136).......................................$110.00/each Asphalt Content and Washed Gradation (Extra ction/Reflux Method) ......................$215.00/each Core Density and Thickness......................................................................................$35.00/each Coring Equipment (Core Rig & Generator)................................................................$150.00/day Super Pave (Gyratory Molded) Density (Set of 2 specimens).....................................$200.001set Theoretical Maximum Specific Gravity ....................................................................$100.00/each VehicleCharge............................................................................................................ $30.00 1trip Nuclear Density Gauge ...............................................................................................$25.00lday *Our unit rates are based on a normal 8-hour workday, Monday through Friday, between normal business hours of 6:00am to 5:00pm. Overtime beyond 8-hours per day, outside normal hours and on Saturday will be invoiced at a rate of 1.3 times the normal hourly rate indicated above. Work on Sundays and Holidays will be invoiced at 2.0 times the hourly rate. All site visits will be subject to a 4-hour minimum charge. Above rates are portal-to- portal from our Naperville, Illinois office. The above rates are valid through the duration of the project. ** If requested services are cancelled upon arrival to project site, a four (4) hour minimum charge and appropriate trip charge per visit will be applied. ***A minimum of 1/2 hour of Project Engineering time will be charged per technician per day. Terracon's fees would be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed. For the outlined scope of Fox Road LAPP i erracor. CCMEL'ltants, Inc. Yorkville, Illinois Terracon Proposal No. P11090009 January 13, 2009 Page 5 of B services described in this proposal, and the estimated project duration, our total fee is estimated to be on the order of 10,766.2 . The actual cost of our services will depend on the construction schedule, weather, site conditions and contractor performance. Please note that Terracon has little to no control over the project schedule or the means and methods of construction. Therefore, the amount of time required can vary somewhat and the estimated construction materials testing budget can vary from our initial estimate. Any additional work required beyond our estimate will require a supplemental agreement. We will not proceed without your authorization, as evidenced by your signature on the Supplement Agreement form. D. AUTHORIZATION This proposal is prepared for the exclusive use of Engineering Enterprises, Inc. This proposal may be accepted by signing the attached Agreement for Services and returning an executed copy, along with this proposal to Terracon. One fully executed copy will be returned to you for your files. This proposal is valid only if authorized within sixty days from the listed proposal date. Once again, we appreciate the opportunity to submit this proposal for the Construction Testing Services, and we look forward to working with you on this project. If you have any questions or would like to further discuss our scope of service, please do not hesitate to contact us. Sincerely, Terracon Consultants, Inc. Pradip Tailor Kalyani N. evabhaktuni, P.E. Project Manager Project Manager r �'-'r a-X'b Matthew E. Ribordy, P.E. Office Manager Attachments: Exhibit A Agreement for Services Exhibit A-Preliminary Engineering Roule FAU 2516 'Firm's approved rates on lrle with IDOT'S Local Agency The United City of Yorkville Bureau of Accounting and Auditing (Mumcnpalay.Tcwnship•Couniy) Section. 08-00037-00-FP Overhead Rate(OH) 145 00 11 Project fox Road LAPP Complexity Factor(R) 0 00 Proposal No. P11090009 Calendar Days Method of Compensation Cost Plus Fixed Fee 1 14 54t[DL + R(DL)=OH(DL)+ IHDC) Cost Plus Fixed Fee 2 ❑X 14 5%[DL- R(DL)+ 1 4(DL)* IHDC] Cast Plus Fixed Fee 3 ❑ 14 5i'.[(2 3+R)DL+ IHDC] Specific Rate 7 Lump Sum ❑ Cost Estimate of Consultant's Services In Dollars Element of Work Employee Man- Payroll Payroll Overhead' Services by In-House Direct Profit Total Classification Hours Rate Costs(DL) Others Costs{IHDC) PCC Testing Field Testing Field Technician 10 28 12 281.20 407,74 9690 78884 Laboratory Teslin Lab Technician 5 1500 7500 108.75 2664 21039 Stockpile Gradation (Washed) 2 11000 22000 Stockpile Gradation (Dry) 2 9000 1 80.00 Vehicle Usage 2 30.00 6000 Bituminous Concrete Testing Field Testing Field Technician 36 28.12 1012.32 1467.86 359.63 2839.81 Exlraction/Asphalt Content Tests 3 215.00 645.00 Bulk Specific Gravity by Gyratory 3 200.00 600.00 Maxium Specific Gravity 3 100.00 300.00 Stockpile Gradation (Washed) 3 11000 330.00 Stockpile Gradation (Dry) 6 9000 54000 Coring Equipment 1 150 00 15006 Core Density and Thickness 18 35.00 630.00 Vehicle Usage 9 3000 2,t(),00 Nuclear Gauge 6 25.00 15000 Trench Backfill with CA-6 Field Observation and Sample Pickup Field Technician 9 28.12 253.08 366.97 89.91 70995 POE Material Gradation 1 30000 300.00 Wash Gradation 1 110.00 110.00 Proctor Test 1 15000 150,00 Vehicle Usage 3 3000 90.00 Nuclear Gauge 1 25.00 25.00 Report Review/Preparation Project Review Projecl Manager, 16 32.69 523.04 758411 185.81 146726 Total 131 2144.641 3109,731 1 76188 10766.25 lrerracon AGREEMENT FOR SERVICES This AGREEMENT is between Engineering Enterprises.Inc.("Client")and Terracon Consultants,Inc. (-Consultant)for Services to be provided by Consultant for Client on the Fox Road LAPP,Yorkville. Illinois project("Project),as described in the Project Information section of Consultant's Proposal dated Jan 13,2009(-Proposal')unless the Project is otherwise described in Exhibit A to this Agreement(which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services is described in the Scope of Services section of the Proposal (-Services-), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants(e.g..mold, fungi,bacteria,viruses,or their byproducts)or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence if Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings.opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the lime of the Services. 2. Acceptance. Client agrees that execution of [his Agreement is a material element of the consideration Consultant requires to execute the Services,and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request.both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties to the event Client uses a purchase order or other form to administer this Agreement. the use of such form shall be for convenience purposes only and any additional or conflicling terms it contains are stricken This Agreement shall not be assigned by either party without prior written consent of the other party. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal)of the change selling forth an adjustment to the Services and fees for the requested changes,Following Client's review. Client shall provide written acceptance.If Client does not follow these procedures.but instead directs authorizes,or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees slated or its current fee schedule. If project conditions change materially Irom those observed at the site or described to Consultant at the time of proposal.Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the lees staled in the Compensation section of the Proposal unless fees are otherwise slated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not staled in either, lees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued.Consultant may invoice Client at least monthly and payment is due upon receipt of invoice.Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion.Client shall pay a finance fee of 1.5%per month,but not exceeding the maximum rate allowed by law,for all unpaid amounts 30 days or older.Client agrees to pay all collection•rekated costs that Consultant incurs,including attorney fees. Consultant may suspend Services for lack of timely payment.If it is later determined that Illinois prevailing wage applies, then Client agrees to pay charges reflecting prevailing wages from that point forward,as well as a retroactive adjustment to bring amounts previously paid in line with prevailing wage. 5. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product Is limited to Client, and is not intended for third parties. For a limited time period not to exceed three months from the dale of the report. Consultant will issue additional reporls to others agreed upon with Client,however Client understands that such reliance will not be granted until those parties sign and return Consultant's reliance agreement and Consultant receives the agreed-upon reliance fee. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE RISKS SO, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF$10,000 OR ITS FEE FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S)OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE iS PAID UNDER CONSULTANTS COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations. Consultant and Client shall defend. indemnify, and hold harmless the other, their agents, and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by their negligent acts, errors, or omissions. In the event such claims. tosses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Causes of action arising out of Consultant's services or this Agreement regardless of cause(s)or the theory of liability,including negligence.indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the dale of Consultant's substantial completion of services on the project. 9, Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions to the same locale. CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW,INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and vall continue to carry: ft) workers' compensation insurance in accordance with the laws of the sinip4 having lurisdirtion nvpr Consultant's Pmployees who are engaged in the Services, and employers liability insurance ($1,000,000); (i)commercial general liability insurance t$1,000,000 occ r$2.000,000 agg);(iii)automobile liability Insurance($1,000.000 B.i,and P.D. combined single limilr and IN) professional liability insurance ($1.000,000 claim ' agg). Cerlificales of insurance will be provided upon request.Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. Agreement Reference Number(Terracon Proposal or Project Number): P11090009 Page 1 of 2 _- — Re: 3-�e 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL,CONSEQUENTIAL, INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent. and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services.Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days,after which Client may pursue its remedies at law,This Agreement shall be governed by and construed according to Illinois law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings. lest pits,or other exploratory services.Client understands Consultant's layout of boring and lest locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consullant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and limes the procedures were performed. Consultant will provide lest results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce-not eliminate-project risk.Client agrees to the level or amount of testing performed and the associated risk.Client is responsible (even if delegated to contractor) for notifying and scheduling Consultant so Consultant can perform these Services. Consultant shall not be responsible for the quality and completeness of contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve contractor in any way from its responsibility[or defects discovered in its work,or create a warranty or guarantee. Consultant will not supervise or direct the work performed by contractor or its subcontractors and is not responsible for their means and methods 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of tests (unless staled otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identdy, location, quanMy, nature, or characteristic of any hazardous waste. toxic, radioactive, or contaminated materials ("Affected Materials') at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees [hat Consultant is not responsible for the disposition of Affected Material unless specifically provided in the Services,and that Client is responsible for directing such disposition. In the event that lest samples obtained during the performance of Services (i) contain substances hazardous to health, safety, or the environment, or (fi) equipment used during the Services cannot reasonably be decontaminated,Client shall sign documentation(if necessary)required to ensure the equipment and/or samples are transported and disposed of properly, and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs. In no event shall Consultant be required to sign a hazardous waste manifest or lake title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies.The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site.Accordingly,Client waives any claim against Consultant and agrees to indemnify and save Consultant,its agents, employees, and related companies harmless from any claim, liability or defense cost, Including ahomey and expert lees, for injury or loss sustained by any party from such exposures allegedly arising out of Consultant's non-negligent performance of services hereunder,or for any claims against Consultant as a generator,disposer,or arranger of Affected Materials under federal,stale,or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts,systems,and ideas developed during performance of the Services shall remain the sole property of Consultant.Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall lake reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service. or are incorrectly shown on the plans furnished to Consultant. 17, Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses. and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safely measures for its own employees,but shall not be responsible for the supervision or health and safety precautions for any other parties,including Client,Client's contractors,subcontractors,or other parlies present at the site. 18. Termination.Either party may terminate this Agreement or the Services upon written notice to the other. In such case,Consultant shall be paid costs incurred and fees earned to the dale of termination plus reasonable costs of closing the project. Consultant: co nsultants, Inc. Clie g' n Enter ises, Ina. By: L Dale: 1.13-2009 By: Dale: NamelTille: Matthew . Ribordy, P.E./Office Manager Name file: Address: 135 Ambassador Drive Address: Naperville, Illinois 60540 Phone: 630.717,4263 Fax: 630.357.9489 Phone: Fax: I Agreement Reference Number(Terracon Proposal or Project Number):N080361' E i Page 2 of 2 Rev.3-06 `,,E'D C/Ti- Reviewed By: Agenda Item Number J Legal ❑ EST. �.- ti 1838 Finance ❑ Engineer ■ Tracking Number City Administrator ❑ ❑Consultant Consu PW 2009-25 Agenda Item Summary Memo Title: Supplemental appropriation of MFT funds to purchase salt Meeting and Date: City Council —2124109 Synopsis: Appropriate funds to purchase bulk rock salt through MFT. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: c1rr United City of Yorkville Public Works Department EST. L� 'fly 800 Game Farm Rd. Yorkville, IL 60560 Phone—630-553-4370 "'"�`°"" 1=� Fax—630-553-4377 <tE ��'�• MOT District III Attn: Roger Blakley 700 E.Norris Dr. Ottawa, IL 61350-0697 November 3, 2008 Roger, I have enclosed 4 original copies of the supplemental resolution to adjust our general maintenance MFT dollars to account for the additional purchase of bulk rock salt. If you have any questions, or need further information,please contact me at 630-553-4370 or 630-878-7102. Thank you, E c Dhuse Director of Public Works United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 II�nO� Resolution for Maintenance of Streets and Highways by Municipality of Transportation Under the Illinois Highway Code BE IT RESOLVED, by the Mayor and City Council of the (Councilor President and Board of Trustees) United City of Yorkville Illinois, that there is hereby (City,Town or Village) (Name) appropriated the sum of $49,960.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from May 1, 2008 (Date) to April 30, 2009 (Date) BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department, a certified statement showing expenditures from and balances remaining in the account(s)for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Ottawa , Illinois. 1, Jackie Milschewski Clerk in and for the United City (City,Town or Village) of Yorkville , County of Kendall hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Mayor and City Council at a meeting on February 24, 2009 (Council or President and Board of Trustees) Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) Clerk (City,Town or Village) Authorized MFT Expenditure Date Department of Transportation Regional Engineer Page 1 of 1 BLR 14230(Rev.9105) Printed on 1/28/2009 8:58:37 AM Illinois Municipal Estimate of of TransporWon Maintenance Costs Section Number 08 -00000 -00-GM Period from 05/01/2008 to 04/30/2009 Municipality Yorkville Estimated Cost of Maintenance Operations Maintenance For Group I II or III Material E ui ment or Labor Operation Group Unit Operation (No.—Description) (I,n,ul,M Item Unit Quantity Price Cost Cost Snow Removal II Bulk Rock Salt TON 500 99.92 49960.00 49 960.00 Total Day Labor Costs Total Estimated Maintenance Operation Cost $49,960.00 Preliminary Engineering Engineering Inspection Material Testing Total Estimated Engineering Cost Total Estimated Maintenance Cost Submitted: Approved: Date Date By: PW Director Municipal Official Tile Regional Engineer Submit Four(4) Copies to Regional Engineer Page 1 of 1 BLR 14231 (Rev.7105) Printed on 1/2812009 8:50:47 AM :- LR 1013 Page 1 of I. State of Illinois DEPARTMENT OF TRANSPORTATION Bureau of Local Roads and Streets SPECIAL PROVISION FOR ROCK SALT Effective August 1, 1969 Revised January 1, 2002 All references to Sections or Articles in this specification shall be construed to mean a specific Seotion or Article of the Standard Specifications for Road and Bridge Construction, adopted by the Department of Transportation. Description. This item shall consist of furnishing rock salt(sodium chloride) in bins or stockpiles at location designated in the Proposal. Materials. Material shall meet the requirements of Article 1013.02 except that the gradation shall be as follows: Passing 12.5 mm (112 inch)sieve 100 % Passing 9.5 mm (318 inch) sieve 95- 100 % Passing 4.75 mm (No.4)sieve 20- 90 % Passing 2.36 mm (No. 8)sieve 10- 60 % Passing 600 p.m (No. 30)sieve 0- 10 % The Department reserves the right to reject any shipments of rock salt which are delivered in a frozen or caked condition or which contain free water. The Department reserves the right to accept delivery of Rock Salt which, according to analysis by the Department, has a sodium chloride (NaCI) content of less than 96.0 %, but is not less g than 90.0 %. Material with less than 90.0 % sodium chloride will be rejected. When such exceptions are allowed, payment will be adjusted. Method of Measurement. Rock salt will be measured by the metric ton (ton). Basis of Payment. This work will be paid for at the contract unit price per metric ton (ton) for furnishing and transporting ROCK SALT based on the sodium chloride content. Payment will be in accordance with the following schedule: NaCI Content 96.0%to 100.0% Net Bid price per ton. NaCI Content 95.0%to 95.9% Bid price less $0.50 per metric ton (ton). NaCI Content 94.0%to 94.9% Bid price less $2.00 per metric ton (ton). NaCI Content 90.0%to 93.9% Bid price less $4.00 per metric ton (ton). ,�D CITY Reviewed By: Agenda Item Number J= 1 Legal ❑ C �� EST Finance ❑ _ �� Engineer ❑ 0 Il'; City Administrator ❑ Tracking Number ,. .: .. O Consultant ❑ �� CCA, _ V Agenda Item Summary Memo Title: Wind Energy System Ordinance—Zoning Ordinance Chapter 16 Meeting and Date: City Council/ FEBRUARY 24, 2009 Synopsis: Proposed Zoning Ordinance amendment to include a chapter regulating wind energy systems including large, small and rooftop systems Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Adoption of ordinance as Title 10 Chapter 16 of the Municipal Code (Zoning Ordinance) Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report `,.f,D CIr o Memorandum E ,�q To: EDC esr. From: Travis Miller Date: January 27, 2009 Subject: Proposed Wind Energy System Regulation— Zoning Ordinance Amendment The Plan Commission conducted a public hearing January 14, 2009 and recommended approval of the proposed Zoning Ordinance amendment with a vote of 5 ayes; 0 no. The draft reviewed by the Plan Commission did not include the fee amounts (which are highlighted on the attached draft) and included a typo in 7-E which has been corrected. The fee amounts proposed were generated with input from the Building Safety Department staff and are based on the amount of time anticipated to conduct the annual reviews. Sections 6.E.2.ii and 7.C.2.11 have been revised to simply require actual costs be paid for any consultant services required for owner/operator not providing an annual certification. The attached staff report was presented at the public hearing and includes background and some FAA's regarding wind energy systems for your reference. 1 `'SO'° c/r� � o Memorandum To: Plan Commission est I� _ sas From: Bart Olson; Stephanie Boettcher; Travis Miller -G Date: January 6, 2009 Subject: PC 2009-01 Wind Energy Ordinance/Information Background and recommendation In August 2007, the Illinois Legislature passed Illinois Public Act 095-0481, the Illinois Power Agency Act, which required all of the State's energy usage to be created from renewable sources by 2025. Of that 25% of total power, 75% must come from wind energy. This fact, coupled with further discussion that wind subsidies from the federal govermnent could increase in the near future means that interest in wind energy systems will grow. In order to properly plan for wind energy systems, the City needs to address how wind systems are constructed and operated. When wind energy systems are discussed, typically they are categorized in two ways. The first way is large scale wind energy operations. These are characterized by multiple, large turbines built for the purpose of generating power to be supplied to the market via the electrical grid. The second way is small scale wind energy operations. These are characterized by single, small turbines built for the purpose of off-setting one building's (or property's) energy costs. Much of the current news recently has been on small wind energy systems. The Villages of Skokie and Oswego, Illinois have recently passed ordinances on small scale wind energy systems. These ordinances control how a small scale wind energy system is controlled by the municipality through zoning, land-use, and permitting processes. In both of these ordinances, turbines are a permitted accessory structure in certain zoning classes and require a permit to be constructed. Additionally, they have restrictions on where the turbines can be located within each property. The ordinance that is attached to this memo takes language from both the Skokie and Oswego ordinances. Large wind energy systems have been in the news for different reasons. Rather than creating an ordinance to control the different standards and processes for permitting a wind farm, most counties or municipalities have chosen to classify wind farms as a special use. The governing body can then approve the special use permit with contingencies. Since wind farm concerns could include noise and sight complaints from surrounding property owners, it is best to allow public input on the proposal through the special use process (which includes a public hearing). The ordinance that is attached to this memo classifies large wind energy systems (wind farms) as a special use. Large scale wind operations What can a municipality due to encourage large scale wind farms? From a planning and land-use standpoint, making them permitted uses in the appropriate zoning districts would encourage these facilities by streamlining the approval/permitting process. However, recognizing the importance of public input as stated above, the attached draft proposes an application for a large or small scale wind operation, to be reviewed and approved through the special use process. The special use process involves an application process including internal Plan Council review, at least one 1 public hearing at the Plan Commission level, and City Council approval. In the current zoning ordinance, any type of application of wind energy is not addressed, which calls attention to the need to place regulations in the zoning ordinance for them. Making wind operations a permitted use in certain zoning classifications makes the process easier, shorter, and less costly to the petitioner. This would call for amending the zoning code which requires a public hearing at a Plan Commission meeting, which could be conducted in January for January/February consideration at a City Council meeting. We can publicize our desire to have wind turbines within City limits. Cascade County, Montana developed a wind power marketing program. This marketing program involved providing maps to developers which included wind data, topography, transmission lines, property ownership, etc. By providing this information it not only highlights the county as a great place for wind energy development, but also assists the developer in identifying the most ideal locations. Their marketing has brought in a utility grade wind farm which is the county's 24th largest tax payer and employs over 125 people. We can also talk to property owners that have large tracts of land to see if their future plans for the property are compatible with wind farms. For example, if a farmer wants to keep farming on his property, wind farms would be a compatible future use. Wind farms would also encourage a very rural land-use pattern, which has been a goal of the City Council and the comprehensive plan. How does a municipalily get involved? Most, if not all, large scale wind farms are privately owned and operated. Typically, the wind farm operator rents the land for the turbines from the property owners. The rental/lease agreement is privately negotiated and contains private benefit only. The municipality gets involved through the zoning and permitting process. It is unclear how the additional power generation would affect the residents or the municipality. It appears the residents would benefit through additional capacity in the electrical system, but it does not appear that the residents electric bill would decrease. Municipalities also can own wind turbines and operate them and participate in their development. An example of this is the City of Geneseo. The City of Geneseo received an Illinois Clean Energy Grant to build one wind turbine. The City will operate and own the turbine as part of their municipal electric utility. Per the Clean Energy Grant, the wind turbine will generate power for a local use, serving the needs of a community institution. Municipalities can also purchase renewable energy credits through their electricity bills (i.e. Greenest Region Compact). What are the best locations to site wind turbines in the City and the Planning Area? Are there siting problems? The best locations for large utility scale wind farms are probably within agricultural or certain manufacturing land-use areas. Siting in a high wind area, near the existing electrical grid nodes are preferable. A USA Today article on November 3rd highlights some of the issues with siting wind farrns, specifically how close a wind turbine should be to an occupied residence. It references two different municipalities' recommendations of setbacks from residential land uses; one at 1,500 feet, one at one mile. The reasons the setbacks are recommended to be so large are for safety concerns and for potential quality of life concerns, namely potential noise from the turbine. lit tp:I,1%k,ww.wmdpoweriiigai-nerica,goY/filter detaiLasp?itemid=1204 2 Siting problems can occur during the public involvement process within the siting decision. If a public hearing is necessary, moderate to significant public opposition is a reasonable expectation — especially from those who live within eyesight of the turbines. Complaints range from aesthetics, to noise, to endangering birds and their migratory patterns, to NIMBY, to "Wind Turbine Syndrome". What are the economic benefits of wind farms to a municipality? The most obvious is the creation of jobs for the construction and management of the wind farms. Most jobs associated the construction of the turbines would not have a local effect. It is not likely the wind farm developers are going to hire local construction crews to do the work on the turbines. They may, however, hire local companies to do some of the general construction work (padwork, blacktop, etc.) McLean County Illinois's 240 turbine development estimated that 300 jobs would be created during construction and 40 full-time jobs created for the ongoing management of the facility. The City should ask for verification on the jobs and types of jobs. The other economic benefit is permit fees. McLean County in Illinois had approximately $700,000 worth of fees which were assessed on the total acreage of the wind farm, not just on the acreage used by the tower. McLean County didn't change their fees structure prior to the wind farm coming in, but it is common for a municipality/county to increase their fees prior to a wind farm being proposed to accurately reflect the cost of the review and siting process. If the property has to be annexed, the City could negotiate for certain concessions -- although it is unclear what the total economic impact of the development would be, and therefore unclear what the developer would be willing to concede. There could be a chance where the concessions by the developer would be minimal. What are some of the issues with large scale wind farms? Some issues are listed in the section above on siting decisions. Safety concerns are also an issue. Typically, setbacks of 110% of the height of the turbine from any structure (utility pole, building) are required, in case the structure falls over. Adjacent property owners may argue that depreciation in surrounding property values will occur, although staff has not seen any evidence to support this argument.. Construction of large scale wind farms will have an affect on the local transportation system. Traffic routes would have to take into account the large size and weight of the components. The City would have to look at the impact of the large components of the turbines on the local and regional road system. Small-scale wind operations What can a municipality due to encourage large scale wind farms? In the same manner as large scale wind farms - permitting use within certain zoning districts and subdivision codes, and publicizing the benefits of constructing small scale wind systems. Oswego allows turbines only on certain sized lots. 3 How does a municipality get involved? Wind turbines require permission from the electric company to be connected to the electrical grid. The municipality can assist by aiding the residents through this process by providing the appropriate contact information and any forms required to be completed by the resident. Compatibility between City authorized turbines and homeowner's association (HOA) rules may need to be communicated to the residents. For example, what does the City do if an HOA says that residents may not have turbines, even though the City allows it? Do we let them work it out the issue themselves, or do we want to encourage the HOAs to let people do it? What are the best locations to site wind turbines in the City and the Planning Area? Are there siting problems? For small scale wind turbines, any land-use may be appropriate. We will need to establish standards for setbacks, size, construction, etc. Recommended standards and setbacks are included within the draft ordinance. What are the economic benefits of wind farms to a municipality? Wind turbine producers would see increased business. There are local companies that sell wind turbines. Theoretically, you could create green collar jobs through increased business. A liberal promotion of small scale wind turbines could create marketing opportunities for the municipality. Also, people may value living in a"green"cominunity. What are some of the issues with small scale wind systems? As with any property use decision, issues may arise from siting and permitting the turbines in existing developed areas. Any change in an existing neighborhood can cause issues between adjacent property owners. It is anticipated that surrounding property owners will cite aesthetics and operating concerns of the turbines. 4 Ordinance No. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGULATION WIND ENERGY SYSTEMS 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 wind energy systems 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 10 of the United City of Yorkville Code of Ordinances is hereby amended by the addition of the following new Chapter 16: CHAPTER 16 WIND ENERGY SYSTEMS SECTION: 10-16-1 Principles 10-16-2 General Purpose 10-16-3 Scope 10-16-4 Definitions 10-16-5 General Provisions 10-16-6 Large Wind Energy Systems 10-16-7 Small Wind Energy Systems 10-16-8 Rooftop Wind Energy Systems 10-16-1 PRINCIPLES. The provisions of this AAiele Chapter recognize that: A. There is a significant relationship between wind energy systems and public safety and the value, quality of life and economic stability of adjoining property and overall community. B. Wind energy systems are a 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. 1 10-16-2 GENERAL PURPOSE. The regulation of wind energy systems by this Ai4iele Chapter is intended to promote and protect the public health, safety and welfare by: A. Encouraging the development of renewable energy sources which are consistent with current property development standards of the City. B. Enhancing the environmental quality of the United City of Yorkville. C. Protecting the general public from damage and injury which may be caused by the faulty and uncontrolled and inappropriate use of wind energy systems in the City. Accordingly, it is deemed necessary and in the public interest to regulate wind energy systems. To this end, this AAiele Chapter: 1. Establishes minimum standards for wind energy systems in direct relationship to the functional use of property and to the intensity of development as pennitted within the zoning districts which are provided in this file Title. 2. Regulates the size, location, installation and other pertinent features of wind energy systems. 3. Provides for effective administration and enforcement of these regulations. I0-16-3 SCOPE. The regulations of this seetien Chapter shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wind energy systems within the United City of Yorkville. The regulations of this seetiee Chapter relate to the location of wind energy systems, by function and type, within zoning districts and shall be in addition to provisions of the International Building Code, National Electrical Code, Federal Aviation Administration (FAA) requirements, and all federal and state statutes, laws, rules, and regulations and all City codes. 10-16-4 DEFINITIONS. A. Anemometer. Component of a wind energy system which measures the wind speed and transmits wind speed data to the controller, see Figure 1. B. Blades. Component of a wind energy system, see Figure 1. Most turbines have either two or three blades. Wind blowing over the blades causes the blades to "lift" and rotate. 2 C. Brake. Component of a wind energy system, which can be applied mechanically, electrically, or hydraulically to stop the rotor in emergencies, see Figure 1. D. Controller. Component of a wind energy system, which starts up the machine at wind speeds of about 8 to 16 miles per hour (mph) and shuts off the machine at about 55 mph, see Figure 1. Turbines do not operate at wind speeds above about 55 mph because they might be damaged by the high winds. E. Gear box. Component of a wind energy system which connects the low-speed shaft to the high-speed shaft and increase the rotational speeds from about 30 to 60 rotations per minute (rpm) to about 1000 to 1800 rpm, the rotational speed required by most generators to produce electricity, see Figure 1. F. Generator. Component of a wind energy system which produces 60-cycle AC electricity, see Figure 1. G. Height of Wind Energy System. The total vertical distance from the ground surface at the base of the system to the tip of the wind generator blade when the tip is at the highest point. H. High-speed shaft-. Component of a wind energy system which drives the generator, see Figure 1. 1. Large Wind Energy Systems. A wind energy conversion system consisting of multiple turbines, or towers, and associated control or conversion electronics, which is intended to produce power for sale to utilities and resale to retail customers. J. Low-speed shaft. Component of a wind energy system which is turned by the rotor at about 30 to 60 rotations per minute, see Figure 1. K. Nacelle. Component of a wind energy system that sits atop the tower and contains the gear box, low- and high-speed shafts, generator, controller, and brake, see Figure 1. L. Nameplate Capacity. The maximum rated electrical output of a generator under specific conditions designated by the manufacturer. Generator nameplate capacity is usually indicated in units of kilovolt-amperes (kVA) and in kilowatts (kW) on a nameplate physically attached to the generator. "Rated capacity" is often used synonymously with "nameplate capacity." M. Pitch. Blades are turned, or pitched, out of the wind to control the rotor speed and keep the rotor from turning in winds that are too high or too low to produce electricity, see Figure 1. 3 P l � i Figure 1. Diagram of a wind energy system, Courtesy of lire United States Depar tinent of Energry N. Rooftop Wind Energy Systems. A wind energy system installed on the roof of a building, which can directly power a building without feeding into the electrical grid, given proper wind conditions. Typically has a rated capacity of not more than 10 hundred (10 1000) kW, and which is intended to primarily reduce on-site consumption of utility power. O. Rotor. The blades and the hub together are called the rotor, see Figure 1. P. Small Wind Energy System. A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than one hundred (100) kW, and which is intended to primarily reduce on-site consumption of utility power. Q. Tower Component of a wind energy system, see Figure 1. Towers are made from tubular steel, concrete, or steel lattice. 4 R. Wind direction There are two types of wind direction. An "upwind" turbine operates facing into the wind, while "downwind" turbines face away from the wind. S. Wind Energy System. Equipment that converts and then stores or transfers energy from the wind into ; usable form of electric energy, commonly referred to as a wind turbine. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other component used in the system. T. Wind vane,--. Component of a wind energy system which measures wind direction and communicates with the yaw drive to orient the turbine properly with respect to the wind, see Figure 1. U. Yaw driver Component of an "upwind" energy system which is used to keep the rotor facing into the wind as the wind direction changes, see Figure 1. V. Yaw motor Component of an "upwind" energy system which powers the yaw drive, see Figure 1. 10-16-5 GENERAL PROVISIONS. A. Permitting. The installation of any wind energy system requires a building permit from the United City of Yorkville. B. Compliance. Wind energy systems shall meet or exceed current standards of the International Building Code, National Electrical Code, Federal Aviation Administration (FAA) requirements, any other agency of the state 4 or federal government with the authority to regulate wind energy systems, and all City codes. If such standards and regulations are changed, then the owner/operator of said wind energy system governed by this Chapter shall bring the wind energy system into compliance with such standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring a wind energy system into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the Owner's owner's expense. C. Building Code/Safety Standards. Any o owner/operator of a wind energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for wind energy systems that are published by the International Building Code, as amended from time to time. If, upon inspection, the United City of Yorkville eefteluded concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the wind energy system, the owner shall have thirty (30) days to bring such tower- into compliance with such 5 standards. Failure to bring the wind energy system into compliance within the thirty (30) day period shall constitute grounds for the removal of the wind energy system at the owner's expense. D. Noise. The maximum noise level allowed for all wind energy systems shall not exceed 55 decibels measured at all site property lines. This level can be exceeded during short-term events such as utility outages or severe windstorms. E. Signage. Appropriate signage shall be placed on wind turbine towers, all electrical equipment, and fencing. Appropriate signage shall include warning signage, equipment information, and indicia of ownership. Prohibited signage includes advertising and decorative signage. F. Lighting. Wind energy systems are prohibited from installing structure lighting unless required by the FAA or appropriate authority G. Fencing. Requirements will be evaluated with each individual wind energy system application. Fencing requirements will be determined by, but not limited to, location of the system, system type, system design, and location of electrical equipment. +l. Design. 1. An automatic braking, governing, or a feathering system to prevent uncontrolled rotation or overspeeding is required. Wind energy systems shall have lighting protection. If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least six (6) feet above the guy wire anchors. 2. A bird-friendly design is required in order to reduce the number of resting places near a turbine's rotor. 3. All on-site electrical transmission lines connecting a wind energy system to a building or the public utility electrical distribution system shall be located underground, with exception of rooftop wind energy systeyns. 4. Wind energy systems shall be painted a non-reflective, non-obtrusive color or a color that conforms to the environment and architecture of its surroundings. 5. Wind energy systems shall be ale unclimbable by design or protected by anti-climbing devices. I. Preservation of Landscape. Existing mature tree growth, natural land forms, and viewshed corridors of the Fox River, on the wind energy system site shall be preserved to the maximum extent possible. 6 J. Lot Size. For purposes of determining whether the installation of a wind energy system complies with the United City of Yorkville's development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the lot shall control, even though the wind energy systern may be located on leased land within such lot. K. Notification. No wind energy system shall be installed until evidence has been given that the utility company has been informed of the custorner's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. L. Abandoned Systems. All abandoned or unused wind energy systems shall be deemed a nuisance and the United City of Yorkville may act after twelve (12) months of the cessation of operations unless an extension is approved. If an extension is not approved by the United City of Yorkville, the City may act to abate such nuisance and require its removal at the property owner's expense. After the wind energy system is removed, the owner of the property shall restore the site to its original, or to an approved improved condition. 10-16-6 LARGE WfNID ENERGY SYSTEMS Figure 2.A Large Wind Energy System in McLean County, IL. Courtesv of Horizon Wind$nerg°p oil A. Special Use. Large wind energy systems shall be considered a special use in A-1 Agricultural District as defined by See ien Chapter 9 of this ale Title. Such systems will also be subject to the special use provisions contained within Section 10-14-6 of this tle Title and applications for special use permits shall be subject to the procedures and requirements of this title Title, except as modified in this ehapte Chapter. B. Approval. Large wind energy systems shall be subject to site plan approval, requiring review and recommendation by the United City of Yorkville Plan 7 Commission and approval by the United City of Yorkville City Council, pursuant to the procedures set forth in Section 10-14-6 of this Title. Also, in granting a special use pennit, the Plan Commission may recommend and the City Council may impose conditions to the extent the City Council concludes are necessary to minimize any adverse effect of the proposed wind energy system on adjoining properties. C. Factors Considered In Granting Special Use Permits. The United C45F-� "ms.ill Plan Commission and City Council shall consider the following factors in detennining whether to issue a special use permit above and beyond those factors reference in seetien Section 10-14-6 of this We Title. The United Ci4y of Verkville Plan Commission or City Council may waive or reduce the burden on the petitioner- of one or more of these criteria if Yer-kville it concludes that the goals of this ehapte Chapter are better served thereby. 1. Height of the proposed wind energy system; 2. Proximity of the wind energy system to residential structures and residential district boundaries; 3. Nature of uses on adjacent and nearby properties; 4. Surrounding topography; 5. Surrounding tree coverage and foliage; 6. Design of the wind energy system, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, and 7. Proposed ingress and egress. D. lnfornation Required. In addition to any information requir e required for applications for special use permits, each petitioner requesting a special use permit under this ehaptff Chapter for a wind energy system shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location, type and dimensions of all improvements, including information concerning topography, tower height requirements, setbacks, drives, proposed means of access, parking, fencing (if applicable), adjacent uses, adjacent roadway, and other information deemed necessary by Dille the Plan Commission or City Council to be nee f„-assess compliance ffex with this ehapter Chapter. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. In addition, the following information shall be supplied: 8 I. Legal description of the parent track and leased parcel (if applicable); 2. The setback distance between the proposed structure and the nearest occupied residential unit, platted residentially zoned properties, and unplatted residentially zoned propefty properties; 3. The separation distance from other structures and or environmental features, such as commercially or industrially zoned properties, the Fox River or any watercourse, major highways, public utility poles, and antenna structures;; 4. The method of fencing, if Vpl}eable, finish color, and,if applieabl the method of camouflage and illumination, all if applicable. 5. A description of compliance with substaptipil Section 10-16-5B, G, D' afH -3 of this ehaptef Chapter and all applicable federal, state, or local laws, including, The Bald and Golden Eagle Protection Act, 16 U.S.0 Section 668(A), the Migratory Bird Treaty Act, 16 U.S.0 Sections 704, 712, the Illinois Endangered Species Act (520 ILCS. 1011 — 11), and the Illinois Natural Areas Preservation Act (525 ILCS 3011-26). All studies, reports, and recommendations completed as part of the aforementioned, or as a part of any other applicable laws and/or regulations, shall also be submitted to the City for review. The City shall not be bound by any recommendation, unless such recommendations recommendation is are required by law to be implemented. E. Fees, 1. Permitting Fees. i. Large wind energy systems will be subject to the fee schedule for special use applications as defined by see4iee Section 10-14-9 of this tie Title. Said fee will be payable per wind energy system at the time of the application submittal by the petitioner. ii. In addition, large wind energy systems will be subject to a three hundred 00/100 dollars ($300.00) building permit fee and a one thousand and five hundred 00/100 dollars ($1,500) permit fee per proposed megawatt for each wind energy system. The permit fee will be payable at the time of the application submittal by the petitioner. 2. Annual Administrative Fee and Certifications. i. The annual administration fee payable to the United City of Yorkville by any owner/operator of any large wind energy system, shall be the sum of one hundred and fifty dollars ($150.00), per 9 wind turbine, which shall be due on or before January 10 of each calendar year commencing with calendar year 2009. ii. An annual inspection and certification of the wind energy system is required, and the certification must be shown to the City. iii. ThM in In the event each wind turbine of a large wind energy system is inspected and a certification is provided by the owner/operator of said wind turbine showing compliance with all regulations, the above fee shall be the only fee charged. In the event the owner/operator of a wind turbine fails to have the certification as is required annually with the United City of Yorkville under the terms of this stibseetion Section, the owner/operator shall reimburse the City for the actual cost of an outside consultant which the City deems necessary to conduct said inspection and prepare the certification. iv. The United City of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. F. Access. All sites in which large wind energy systems are located must have a passable roadway access. Design specifications of such roadway access will be subject to approval by the City Engineer. In addition, the petitioner must identify and assess the existing conditions, pre-construction, any public roads (state, county, city, and/or township) which will be also be used to access the site. The petitioner will be responsible for repairing any damage to public roads caused by constructing, operating, and/or maintaining the wind energy system. ]n lieu of this responsibility, the petitioner can pay the road contribution fee to the City which will be assessed in the rate of two thousand and 001100 dollars ($2,000) per acre, for the use of City roads, along with fees payable to the County and/or Township for the use of their reads. G. Ground Clearance. The tip of any blade shall, at its lowest point, have ground clearance of no less than twenty-five (25) feet or 113 of the tower height, whichever is greater, above ground. H. Distance, 1. The minimum distance between a wind energy system and an occupied residential building shall be 2,460 feet. 2. The minimum distance between a wind energy system and any lot line or public utility pole shall be a distance equivalent to 1.1 times the total height. 10 10-16-7 SMALL WIND ENERGY SYSTEMS Figure 3. Example of a Small Wind Enet gy 5vsiem in Oak Hills, CA. Courtesy of Berge• N°indpower A. Special Use. Small wind energy systems shall be considered a special use in A-1 Agricultural District, E-1 Estate District, B-4 Business District, M-I Limited Manufacturing District, M-2 General Manufacturing District, and PUD Planned Unit Development District as defined by the this fitle Title. Such systems will be subject to the special use provisions contained within Section 10-14-6 of this twe Title and applications for special use pen-nits shall be subject to the procedures and requirements of this tide Title, except as modified in this ehapte F Chapter. B. Approval. All small wind energy systems shall be subject to site plan approval, requiring review and recommendation by the United City of Yorkville Plan Commission and approval by the United City of Yorkville City Council. Also, in granting a special use permit the Plan Commission may recommend conditions to the City Council, and the City Council may impose such conditions as are necessary to minimize any adverse effect of the proposed small wind energy system on adjoining properties. C. Fees. 1. Permitting Fees. i. Small wind energy systems will be subject to the fee schedule for special use applications as defined by seetion Section 10-14-9 of this title Title. Said fee will be payable per wind energy system at the time of the application submittal by the petitioner. ii. In addition, small wind energy systems will be subject to a one hundred and fifty 001100 dollars (5150.00) building permit fee. The pennit fee will be payable at the time of the application submittal by the petitioner. I 2. Annual Administrative Fee and Certifications. i. The annual administration fee payable to the United City of Yorkville by any owner/operator of any small wind energy system, shall be the sum of seventy five dollars ($75.00), per wind turbine, which shall be due on or before January 10 of each calendar year commencing with calendar year 2009. ii. An annual inspection and certification of the wind energy system is required, and the certification must be shown to the City. iii. That in In the event the City Code Official determines a certification is necessary for any small wind energy system, said certification shall be provided by the owner/operator of said wind turbine showing compliance with all regulations. In the event the owner/operator of a wind turbine fails to have the certification as is required by the City Code Official under the terns of this subseetien Section, the owner/operator shall reimburse the City for the actual cost of an outside consultant which the City deems necessary to conduct the inspection and prepare the certification iv. The United City of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. D. Access. All small wind energy systems shall be controlled in a manner consistent with the local building code. F. Ground Clearance. The tip of any blade shall, at its lowest point, have ground clearance of not less than 15 feet or 113 of the tower height, whichever is greater, above ground at the base of the tower. F. Distance. 1. The minimum distance between a small wind energy system fi-om all property lines, above-ground utility lines, and roadways shall be a distance equivalent to 1.1 times the total height of the system. 2. Any application which is a part of a small wind energy system, including guy wires, shall be setback from all property lines no less than thirty (30) feet. G. Height. All small wind energy systems will be bound by the height restrictions as established per zoning district as defined by this ti-0e Title (Ord. No. 2006-67). 12 14. Yard. Small wind energy systems shall not be permitted in any front yard area as defined by this t-i-tl Title. 10-16-8 ROOFTOP WIND ENERGY SYSTEMS Figure 4. Rooftop Energy System. Courtesy of the United States Department of Energv. A. Permitted Use. Rooftop wind energy systems shall be considered an allowable accessory structure in all zoning districts except F-1 Floodplain District. B. Approval. All rooftop wind energy systems shall be subject to administrative zoning approval. C. Fees. 1. Pennitting Fees. i. Rooftop wind energy systems will be subject to a one hundred 00/100 dollars ($100.00) building pen-nit fee. The permit fee will be payable at the time of the application submittal by the petitioner. 2. Annual Administrative Fee. i. The annual administration fee payable to the United City of Yorkville by any owner/operator of any rooftop wind energy 13 system, shall be the sum of fifty dollars ($50.00), per wind system, which shall be due on or before January 10 of each calendar year commencing with calendar year 2009. D. Access. All rooftop wind energy systems shall be controlled in a manner consistent with local building code. A rooftop wind energy system may be mounted to the side of a structure. E. Height. The maximum height of a rooftop wind energy system is fifteen (1 S) feet above the highest point of the structure. F. Fencing. Rooftop systems will not be subject to fencing requirements provided in Section 10-16-5(G). G. Amount. Only one (1) rooftop wind energy system is allowed per building. Any additional rooftop wind energy systems desired by the petitioner will be subject to site plan approval, requiring review and recommendation by the United City of Yorkville Plan Commission and approval by the United City of Yorkville City Council. Section 2. All ordinances or parts of ordinances conflicting with any of the provisions of this Chapter shall be and the same are hereby repealed. Section 3. 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 4. 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 14 C LEAA J VFi2-S1o&J Ordinance No. 2009- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGULATION WIND ENERGY SYSTEMS WHEREAS, the United City of Yorkville (the "Qy'') 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 wind energy systems 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 10 of the United City of Yorkville Code of Ordinances is hereby amended by the addition of the following new Chapter 16: CHAPTER 16 WIND ENERGY SYSTEMS SECTION: 10-16-1 Principles 10-16-2 General Purpose 10-16-3 Scope 10-16-4 Definitions 10-16-5 General Provisions 10-16-6 Large Wind Energy Systems 10-16-7 Small Wind Energy Systems 10-16-8 Rooftop Wind Energy Systems 10-16-1 PRINCIPLES. The provisions of this Chapter recognize that: A. There is a significant relationship between wind energy systems and public safety and the value, quality of life and economic stability of adjoining property and overall community. B. Wind energy systems are a 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. 1 10-16-2 GENERAL PURPOSE. The regulation of wind energy systems by this Chapter is intended to promote and protect the public health, safety and welfare by: A. Encouraging the development of renewable energy sources which are consistent with current property development standards of the City. B. Enhancing the environmental quality of the United City of Yorkville. C. Protecting the general public from damage and injury which may be caused by the faulty and uncontrolled and inappropriate use of wind energy systems in the City. Accordingly, it is deemed necessary and in the public interest to regulate wind energy systems. To this end, this Chapter: 1. Establishes minimum standards for wind energy systems 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 Title. 2. Regulates the size, location, installation and other pertinent features of wind energy systems. 3. Provides for effective administration and enforcement of these regulations. 10-16-3 SCOPE. The regulations of this Chapter shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wind energy systems within the United City of Yorkville. The regulations of this Chapter relate to the location of wind energy systems, by function and type, within zoning districts and shall be in addition to provisions of the International Building Code, National Electrical Code, Federal Aviation Administration (FAA) requirements, and all federal and state statutes, laws, rules, and regulations and all City codes. 10-I6-4 DEFINITIONS. A. Anemometer. Component of a wind energy system which measures the wind speed and transmits wind speed data to the controller, see Figure 1. B. Blades. Component of a wind energy system, see Figure 1. Most turbines have either two or three blades. Wind blowing over the blades causes the blades to "lift" and rotate. 2 C. Brake. Component of a wind energy system, which can be applied mechanically, electrically, or hydraulically to stop the rotor in emergencies, see Figure 1. D. Controller. Component of a wind energy system, which starts up the machine at wind speeds of about 8 to 16 miles per hour (mph) and shuts off the machine at about 55 mph, see Figure 1. Turbines do not operate at wind speeds above about 55 mph because they might be damaged by the high winds. E. Gear box. Component of a wind energy system which connects the low-speed shaft to the high-speed shaft and increase the rotational speeds from about 30 to 60 rotations per minute (rpm) to about 1000 to 1800 rpm, the rotational speed required by most generators to produce electricity, see Figure 1. F. Generator. Component of a wind energy system which produces 60-cycle AC electricity, see Figure 1. G. Height of Wind Energy System. The total vertical distance from the ground surface at the base of the system to the tip of the wind generator blade when the tip is at the highest point. H. High-speed shaft-.. Component of a wind energy system which drives the generator, see Figure 1. I. Large Wind Energy Systems. A wind energy conversion system consisting of multiple turbines, or towers, and associated control or conversion electronics, which is intended to produce power for sale to utilities and resale to retail customers. J. Low-speed shaft. Component of a wind energy system which is turned by the rotor at about 30 to 60 rotations per minute, see Figure 1. K. Nacelle. Component of a wind energy system that sits atop the tower and contains the gear box, low- and high-speed shafts, generator, controller, and brake, see Figure 1. L. Nameplate Capacity. The maximum rated electrical output of a generator under specific conditions designated by the manufacturer. Generator nameplate capacity is usually indicated in units of kilovolt-amperes (kVA) and in kilowatts (kW) on a nameplate physically attached to the generator. "Rated capacity" is often used synonymously with "nameplate capacity." M. Pitch. Blades are turned, or pitched, out of the wind to control the rotor speed and keep the rotor from turning in winds that are too high or too low to produce electricity, see Figure 1. 3 c r _ e f I Nell 7.Geretalor I CL NO V4aa IJLYowmwW Figure 1.Diagram of a rind energy system. Courtesy of the United States Department of Energy N. Rooftop Wind Energy Systems. A wind energy system installed on the roof of a building, which can directly power a building without feeding into the electrical grid, given proper wind conditions. Typically has a rated capacity of not more than 10 hundred (1000) kW, and which is intended to primarily reduce on-site consumption of utility power. O. Rotor. The blades and the hub together are called the rotor, see Figure 1. P. Small Wind Energy System. A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than one hundred (100) kW, and which is intended to primarily reduce on-site consumption of utility power. Q. Tower. Component of a wind energy system, see Figure 1. Towers are made from tubular steel, concrete, or steel lattice. 4 R. Wind direction. There are two types of wind direction. An "upwind" turbine operates facing into the wind, while "downwind" turbines face away from the wind. S. Wind Energy System. Equipment that converts and then stores or transfers energy from the wind into a usable form of electric energy, commonly referred to as a wind turbine. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other component used in the system. T. Wind vane:. Component of a wind energy system which measures wind direction and communicates with the yaw drive to orient the turbine properly with respect to the wind, see Figure 1. U. Yaw drive. Component of an "upwind" energy system which is used to keep the rotor facing into the wind as the wind direction changes, see Figure 1. V. Yaw motor. Component of an "upwind" energy system which powers the yaw drive, see Figure 1. 10-16-5 GENERAL PROVISIONS. A. Permitting. The installation of any wind energy system requires a building permit from the United City of Yorkville. B. Compliance. Wind energy systems shall meet or exceed current standards of the International Building Code, National Electrical Code, Federal Aviation Administration (FAA) requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all City codes. If such standards and regulations are changed, then the owner/operator of said wind energy system governed by this Chapter shall bring the wind energy system into compliance with such standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring a wind energy system into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. C. Building Code/Safety Standards. Any owner/operator of a wind energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for wind energy systems that are published by the International Building Code, as amended from time to time. If, upon inspection, the United City of Yorkville concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the wind energy system, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring the wind energy 5 system into compliance within the thirty (30) day period shall constitute grounds for the removal of the wind energy system at the owner's expense. D. Noise. The maximum noise level allowed for all wind energy systems shall not exceed 55 decibels measured at all site property lines. This level can be exceeded during short-term events such as utility outages or severe windstorms. E. Signage. Appropriate signage shall be placed on wind turbine towers, all electrical equipment, and fencing. Appropriate signage shall include warning signage, equipment information, and indicia of ownership. Prohibited signage includes advertising and decorative signage. F. Lighting. Wind energy systems are prohibited from installing structure lighting unless required by the FAA or appropriate authority. G. Fencing. Requirements will be evaluated with each individual wind energy system application. Fencing requirements will be determined by, but not limited to, location of the system, system type, system design, and location of electrical equipment. H. Design. I. An automatic braking, governing, or a feathering system to prevent uncontrolled rotation or overspeeding is required. Wind energy systems shall have lighting protection. If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least six (6) feet above the guy wire anchors. 2. A bird-friendly design is required in order to reduce the number of resting places near a turbine's rotor. 3. All on-site electrical transmission lines connecting a wind energy system to a building or the public utility electrical distribution system shall be located underground, with exception of rooftop wind energy systems. 4. Wind energy systems shall be painted a non-reflective, non-obtrusive color or a color that conforms to the environment and architecture of its surroundings. 5. Wind energy systems shall be unclimbable by design or protected by anti- climbing devices. 1. Preservation of Landscape. Existing mature tree growth, natural land forms, and viewshed corridors of the Fox River, on the wind energy system site shall be preserved to the maximum extent possible. 6 J. Lot Size. For purposes of determining whether the installation of a wind energy system complies with the United City of Yorkville"s development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the lot shall control, even though the wind energy system may be located on leased land within such lot. K. Notification. No wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. L. Abandoned Systems. All abandoned or unused wind energy systems shall be deemed a nuisance and the United City of Yorkville may act after twelve (12) months of the cessation of operations unless an extension is approved. If an extension is not approved by the United City of Yorkville, the City may act to abate such nuisance and require its removal at the property owner's expense. After the wind energy system is removed, the owner of the property shall restore the site to its original, or to an approved improved condition. 10-16-6 LARGE WIND ENERGY SYSTEMS Figure 2. A Large Wind Energi System in McLean County, IL. Courtes.v of Horizon [Find Energy A. Special Use. Large wind energy systems shall be considered a special use in A-] Agricultural District as defined by Chapter 9 of this Title. Such systems will also be subject to the special use provisions contained within Section 10-14-6 of this Title and applications for special use permits shall be subject to the procedures and requirements of this Title, except as modified in this Chapter. B. Approval. Large wind energy systems shall be subject to site plan approval, requiring review and recommendation by the United City of Yorkville Plan Commission and approval by the United City of Yorkville City Council, pursuant to the procedures set forth in Section 10-14-6 of this Title. Also, in granting a 7 special use permit, the Plan Commission may recommend and the City Council may impose conditions to the extent the City Council concludes are necessary to minimize any adverse effect of the proposed wind energy system on adjoining properties. C. Factors Considered In Granting Special Use Permits. The Plan Commission and City Council shall consider the following factors in determining whether to issue a special use permit above and beyond those factors reference in Section 10-14-6 of this Title. The Plan Commission or City Council may waive or reduce the burden on the petitioner of one or more of these criteria if it concludes that the goals of this Chapter are better served thereby. 1. Height of the proposed wind energy system; 2. Proximity of the wind energy system to residential structures and residential district boundaries; 3. Nature of uses on adjacent and nearby properties; 4. Surrounding topography; 5. Surrounding tree coverage and foliage; 6. Design of the wind energy system, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and 7. Proposed ingress and egress. D. Information Required. In addition to any information required for applications for special use pennits, each petitioner requesting a special use permit under this Chapter for a wind energy system shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location, type and dimensions of all improvements, including information concerning topography, tower height requirements, setbacks, drives, proposed means of access, parking, fencing (if applicable), adjacent uses, adjacent roadway, and other information deemed necessary by the Plan Commission or City Council to assess compliance with this Chapter. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. In addition, the following information shall be supplied: 1. Legal description of the parent track and leased parcel (if applicable); 8 2. The setback distance between the proposed structure and the nearest occupied residential unit, platted residentially zoned properties, and unplatted residentially zoned properties; 3. The separation distance from other structures and or environmental features, such as commercially or industrially zoned properties, the Fox River or any watercourse, major highways, public utility poles, and antenna structures; 4. The method of fencing, finish color, and the method of camouflage and illumination, all if applicable. 5. A description of compliance with Section 10-16-5 of this Chapter and all applicable federal, state, or local laws, including, The Bald and Golden Eagle Protection Act, 16 U.S.0 Section 668(A), the Migratory Bird Treaty Act, 16 U.S.0 Sections 704, 712, the Illinois Endangered Species Act (520 ILCS 10/1 -- 11), and the Illinois Natural Areas Preservation Act (525 ILCS 30/1-26). All studies, reports, and recommendations completed as part of the aforementioned, or as a part of any other applicable laws and/or regulations, shall also be submitted to the City for review. The City shall not be bound by any recommendation, unless such recommendation is required by law to be implemented. E. Fees. 1. Permitting Fees. i. Large wind energy systems will be subject to the fee schedule for special use applications as defined by Section 10-14-9 of this Title. Said fee will be payable per wind energy system at the time of the application submittal by the petitioner. ii. In addition, large wind energy systems will be subject to a three hundred 00/100 dollars ($300.00) building permit fee and a one thousand and five hundred 00/100 dollars ($1,500) permit fee per proposed megawatt for each wind energy system. The permit fee will be payable at the time of the application submittal by the petitioner. 2. Annual Administrative Fee and Certifications. i. The annual administration fee payable to the United City of Yorkville by any owner/operator of any large wind energy system, shall be the sum of one hundred and fifty dollars ($150.00), per wind turbine, which shall be due on or before January 10 of each calendar year commencing with calendar year 2009. 9 ii. An annual inspection and certification of the wind energy system is required, and the certification must be shown to the City. iii. In the event each wind turbine of a large wind energy system is inspected and a certification is provided by the owner/operator of said wind turbine showing compliance with all regulations, the above fee shall be the only fee charged. In the event the owner/operator of a wind turbine fails to have the certification as is required annually with the United City of Yorkville under the terms of this Section, the owner/operator shall reimburse the City for the actual cost of an outside consultant which the City deems necessary to conduct said inspection and prepare the certification. iv. The United City of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. F. Access. All sites in which large wind energy systems are Iocated must have a passable roadway access. Design specifications of such roadway access will be subject to approval by the City Engineer. In addition, the petitioner must identify and assess the existing conditions, pre-construction, any public roads (state, county, city, and/or township) which will be also be used to access the site. The petitioner will be responsible for repairing any damage to public roads caused by constructing, operating, and/or maintaining the wind energy system. In lieu of this responsibility, the petitioner can pay the road contribution fee to the City which will be assessed in the rate of two thousand and 001100 dollars ($2,000) per acre, for the use of City roads, along with fees payable to the County and/or Township for the use of their roads. G. Ground Clearance. The tip of any blade shall, at its lowest point, have ground clearance of no less than twenty-five (25) feet or 113 of the tower height, whichever is greater, above ground. H. Distance. 1. The minimum distance between a wind energy system and an occupied residential building shall be 2,460 feet. 2. The minimum distance between a wind energy system and any lot line or public utility pole shall be a distance equivalent to 1.1 times the total height. 10 10-16-7 SMALL WIND ENERGY SYSTEMS Figure 3. Example of a Small Wind Energy System in Oak Hills, CA. Courl(%y of Bergq): Windpower M A. Special Use. Small wind energy systems shall be considered a special use in A-I Agricultural District, E-1 Estate District, B-4 Business District, M-1 Limited Manufacturing District, M-2 General Manufacturing District, and PUD Planned Unit Development District as defined by this Title. Such systems will be subject to the special use provisions contained within Section 10-14-6 of this Title and applications for special use permits shall be subject to the procedures and requirements of this Title, except as modified in this Chapter. B. Approval. All small wind energy systems shall be subject to site plan approval, requiring review and recommendation by the United City of Yorkville Plan Commission and approval by the United City of Yorkville City Council. Also, in granting a special use permit the Plan Commission may recommend conditions to the City Council, and the City Council may impose such conditions as are necessary to minimize any adverse effect of the proposed small wind energy system on adjoining properties. C. Fees. 1. Pennitting Fees. i. Small wind energy systems will be subject to the fee schedule for special use applications as defined by Section 10-14-9 of this Title. Said fee will be payable per wind energy system at the time of the application submittal by the petitioner. ii. In addition, small wind energy systems will be subject to a one hundred and fifty 001100 dollars ($150.00) building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. 11 2. Annual Administrative Fee and Certifications. i. The annual administration fee payable to the United City of Yorkville by any owner/operator of any small wind energy system, shall be the sum of seventy five dollars ($75.00), per wind turbine, which shall be due on or before January 10 of each calendar year commencing with calendar year 2009. ii. An annual inspection and certification of the wind energy system is required, and the certification must be shown to the City. iii, in the event the City Code Official determines a certification is necessary for any small wind energy system., said certification shall be provided by the owner/operator of said wind turbine showing compliance with all regulations. In the event the owner/operator of a wind turbine fails to have the certification as is required by the City Code Official under the terms of this Section, the owner/operator shall reimburse the City for the actual cost of an outside consultant which the City deems necessary to conduct the inspection and prepare the certification. iv. The United City of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. D. Access. All small wind energy systems shall be controlled in a manner consistent with the local building code. E. Ground Clearance. The tip of any blade shall, at its lowest point, have ground clearance of not less than 15 feet or 1/3 of the tower height, whichever is greater, above ground at the base of the tower. F. Distance. 1. The minimum distance between a small wind energy system from all property lines, above-ground utility lines, and roadways shall be a distance equivalent to 1.1 times the total height of the system. 2. Any application which is a part of a small wind energy system, including guy wires, shall be setback from all property lines no less than thirty (30) feet. G. Height. All small wind energy systems will be bound by the height restrictions as established per zoning district as defined by this Title (Ord. No. 2006-67). 12 H. Yard. Small wind energy systems shall not be permitted in any front yard area as defined by this Title. 10-16-5 ROOFTOP WIND ENERGY SYSTEMS Figure 4. Rooftop Energy Svstern. Courtesv of the United States Department of Energy. } A. Pennitted Use. Rooftop wind energy systems shall be considered an allowable accessory structure in all zoning districts except F-1 Floodplain District. B. Approval. All rooftop wind energy systems shall be subject to administrative zoning approval. C. Fees, 1. Permitting Fees. i. Rooftop wind energy systems will be subject to a one hundred 00/100 dollars ($100.00) building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. 2. Annual Administrative Fee. i. The annual administration fee payable to the United City of Yorkville by any owner/operator of any rooftop wind energy system, shall be the sun of fifty dollars ($50.00), per wind system, which shall be due on or before January 10 of each calendar year commencing with calendar year 2009. 13 D. Access. All rooftop wind energy systems shall be controlled in a manner consistent with local building code. A rooftop wind energy system may be mounted to the side of a structure. E. Height. The maximum height of a rooftop wind energy system is fifteen (15) feet above the highest point of the structure. F. Fencing. Rooftop systems will not be subject to fencing requirements provided in Section 10-16-5(G). G. Amount. Only one (1) rooftop wind energy system is allowed per building. Any additional rooftop wind energy systems desired by the petitioner will be subject to site plan approval, requiring review and recommendation by the United City of Yorkville Plan Commission and approval by the United City of Yorkville City Council. Section 2. All ordinances or parts of ordinances conflicting with any of the provisions of this Chapter shall be and the same are hereby repealed. Section 3. 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 4. 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 14 D CITE Reviewed By: Agenda Item Number O J -� -n Legal ❑ P f � ❑ EST, � 1 � 1836 Finance Engineer ❑ Tracking Number O f ��,� City Administrator ❑ d Consultant ❑ ZBA 2008-09 <� ,,,r• ❑ Agenda Item Summary Memo Title: Ordinance Approving a Variance for 604 and 620 W. Veteran's Parkway Meeting and Date: City Council — FEBRUARY 24, 2009 Synopsis: Council Action Previously Taken: Date of Action: 01/07/09 ZBA Action Taken: ZBA does not recommend approval. Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department See attached memo. ,�,D C'py United City of Yorkville a '^ County Seat of Kendall County EST.. 1836 800 Game Farm Road �. Yorkville, Illinois, 60560 d t��:, � � Telephone: 630-553-4350 ��, �� 20 Fax: 630-553-7264 LE Website: www.yorkville.il.us January 13, 2009 TO: City Council FROM: Anna B. Kurtzman, AICP SUBJECT: Sign Variance Request 620 and 604 W. Veterans Parkway CASE#ZBA 2008-09 PUBLIC HEARING: On January 7, 2009, the Zoning Board of Appeals (ZBA) conducted a public hearing to consider the merits of a requested variation from the City's sign code. This request affects 620 and 604 W. Veteran's Parkway (please note that the previous report had a typographical error and listed the addresses as 620 and 624 W. Veteran's Pkwy). The applicant requested permission to have signs placed along the eastern fagade of these two buildings which is the rear of these buildings. After conducting the hearing the ZBA made a motion to recommend approval of ZBA 2008-09. This motion failed (0-6). In addition to Dr. Randall Burggraf(representing himself and the other applicants) Art Prochaska, Susan Kritzberg, Maria Fisher, and Verne Henne all attended the hearing and provided testimony. REQUEST: The petitioners, Randall Burggraf, Jeri Antoinette, Dick Johnston,John Pappas, and Jim Karras, have filed a request seeking relief from Section 8-11-9A2a and b. Both of these sections require that wall mounted signs be placed on facades that either have a public entrance and/or face a public right- of-way. The petitioners are seeking to have wall signage placed on the east fagade of their buildings. These facades do not meet the criteria of having either a public entrance or facing a public right-of- way. The petitioner's application, including details regarding the requested variances, is attached. CONDITIONS: This property consists of approximately 2.02 acres and is zoned B-2. The property is improved with two commercial buildings—620 W. Veterans Pkwy is a 4 unit multi-tenant building and 604 W Veterans Pkwy is a single-tenant building that currently houses a sit-down restaurant (Amici). The tenants located at 620 W. Veterans Pkwy includes, Legends Sports Bar(encompassing 2 tenant spots), Pearle Vision and Jimmy John's. Section 8-11-13 of the Municipal Code outlines some of the factors that the ZBA should consider before making a recommendation. Subsection 5 asks the ZBA to consider the speed limit along the City Council Case#ZBA 2008-059 January 13, 2009 Page 2 of 4 road(s) where the proposed sign(s) is to be located. In this case the posted speed limit in front of this property is 35 mph, however, it is 45 mph immediately to the west of this property. Subsection 6 asks the ZBA to consider the number of vehicles that travel the adjacent road(s). According to IDOT's web page (http://www.gettingaroundillinois.com/default.aspx?ql=aadt) this stretch of Route 34 has an average annual daily traffic count of 17,700 vehicle trips. The surrounding properties are zoned and used as indicated below: Zoning Use North Unincorporated Undeveloped South R-2 Detached Single-family Residences East Unincorporated Pond with detached single-family residence West B-2 Retail strip center STANDARDS FOR GRANTING A VARIANCE: Section 8-11-13 of the Municipal Code provides direction regarding the processing of sign variances. This section indicates that the Zoning Board of Appeals is to consider two sections of standards before making a recommendation. The first set is outlined in Section 10-14-5 of the Zoning Code and the second set is outlined in Section 8-11-13. These standards are listed below: Section 10-14-5 (Zoning Code) 1. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. The ZBA determined that this property is not unique and therefore does not have any hardships. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. The ZBA indicated that there are no unique conditions associated with this property. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. The Board stated that the difficulty arose with how the underlying property owner divided the property and is not due to the application of the Zoning Code. The Board indicated that when this lot was created the property owner could have created a lot that allowed the subsequent building to be oriented towards Veterans'Parkway instead offacing west. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. City Council Case#ZBA 2008-059 January 13, 2009 Page 3 of 4 The ZBA expressed concerns with safety of motorists should the signs be erected. They felt that having signage so far removed from the road would divert driver's attention from the road. The ZBA also noted that motorists traveling west have limited visibility to see traffic movements located at the top of the hill. The Board indicated that these two conditions (limited visibility and diverting drivers' attention) would be hazardous and therefore would be detrimental to the public health. 5. The proposed variation will not impair an adequate supply of tight and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. The Board indicated that wall signage would not adversely impact light and air nor would such signage increase congestion. Section 8-11-13 (Sign Code) 1. If the sign was erected legally with a sign permit. The ZBA noted that the applicant has not erected any wall signage along the rear of either building. 2, if there are any unique physical characteristics of the property As noted above, the ZBA determined that there are no unique physical characteristics associated with this property. 3. If there are limited available locations for signage on the property The ZBA noted that there are already several signs on this property (wall signs facing west and north and a freestanding sign at the northeastern corner of the property) and therefore there is adequate signage. 4. The cost to the applicant of complying with the sign ordinance requirements The Board indicated that the applicant has already complied with the sign code requirements in placing signage on the property. 5. If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit. The ZBA referred to staff's report, which noted that the speed limit immediately adjacent to this property is 35 mph. 6. If the sign is on a street with 20,000 or higher vehicle trips per day. City Council Case#ZBA 2008-059 January 13, 2009 Page 4 of 4 The Board referred to staff's report, that noted that the amount of traffic along this street is less than 20,000 daily trips. 7. If the sign would be blocked by existing or required landscaping. The ZBA noted that the applicant had indicated that the pole sign (located at the northeastern corner of the property) is blocked by existing pine trees. It was determined that these trees are located on the adjacent eastern property and therefore the existing signage is not impacted by required landscaping. 8. If it is a wall sign facing a public right-of-way without a public entrance. The Board noted that the proposed wall signage would not be facing a public right-of--way. DECISSION As noted above, the ZBA's motion to recommend approval of this case failed. The City Council may approve the requested variance(s), approve the requested variance(s) with condition(s) or deny the requested variance(s). Should the City Council decide to approve (with or without conditions) one or both variance requests then an ordinance would need to be adopted. labk Attachments Filenamc: 1\CDyservcAUser Foldcrs\AKumxman\My Documenls\ZBA\ZBA 2006-09 BurggraRCC Report 1-13-09.doc STATE OF ILLINOIS } } ss COUNTY OF KENDALL ) Ordinance No. 2009- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS, APPROVING A VARIANCE FOR 604 AND 620 W. VETERANS PARKWAY WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, under Section 11-13-5 of the Illinois Municipal Code (65 ILCS 511-1-1 et seq.), the Mayor and City Council, (the"Corporate Authorities") are authorized to vary the zoning regulations as applicable to properties within a zoning district; and, WHEREAS, James Ratos, the owner (the "Owner") of commerical property located at 604 and 620 W. Veterans Parkway, Yorkville, Illinois identified as permanent index number (PIN) 02-29-203- 013; and, WHEREAS, pursuant to the Zoning Code, the property at 604 and 620 W. Veterans Parkway, Yorkville, Illinois (the "Subject Property"), legally described in Exhibit A, attached and made a part of, is located in a Service Business (B-3) Zoning District; and, WHEREAS, tenants of the Owner and the Owner have applied to the Corporate Authorities to grant it relief from Section 8-11-9A.2.a and b of the City Code of Ordinances (the "City Code"), which requires building mounted signs to be located on exterior walls containing a public entrance or facing a public right-of-way, by approving building mounted signs on exterior walls not containing public entrance or facing a public right-of-way; and, WHEREAS, a notice of a public hearing before the Zoning Board of Appeals was published in a newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen (15) days prior to the date set for the public hearing; and, WHEREAS, notice to property owners within 500 feet of the boundaries of the Subject Property identified for the variance was sent by certified wail; and, WHEREAS, the Zoning Board of Appeals (the '`ZB.4") convened and held a public hearing on the 7`h day of January, 2009, to consider the application for a variance to allow building mounted signs on walls with no public entrance and not facing a public right-of-way on the Subject Property; and, WHEREAS, the Zoning Board of Appeals reviewed the standards for a variance as set forth in Section 10-14-5(C) which provide that: 1. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out; 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification; 3. The alleged difficulty or hardship has not been created by any person presently having an interest in the property; 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and, 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood; and, WHEREAS, upon conclusion of said public hearing, the Zoning Board of Appeals found that the standards in Section 10-14-5(C) of the Zoning Code had not been met and did not recommend approval of the variance; and, WHEREAS, since the ZBA did not recommend to approval of the application for a variance, approval of the variance by the City Council requires a two-thirds (2/3) vote pursuant to the City Code; and WHEREAS, the City Council, after review of the petition for a variance and the findings of the ZBA, deemed the building mounted signs requested on walls with no public entrance to be appropriate for this property. 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 Corporate Authorities hereby approve the variance to permit building mounted signs on walls with no public entrance and not facing a public right-of-way for the property located at 604 and 620 W. Veterans Parkway, Yorkville, Illinois, identified as permanent index number (PIN) 02- 29-203-013. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. 2 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 ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2009. MAYOR 3 Exhibit A Legal Descri tion of Subject Property THAT PART OF LOT 9 IN BLOCK 1 AND LOT 12 IN BLOCK 3 OF CIMARRON RIDGE SUBDIVISION BEING DESCRIBED BY COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE SOUTH 84 DEGREES 57 MINUTES 39 SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT 9, A DISTANCE OF 830.53 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 84 DEGREES 57 MINUTES 39 SECONDS EAST ALONG THE LAST DESCRIBED LINE, 230.62 FEET TO A POINT ON THE EAST LINE OF SAID LOT 12; THENCE NORTH 13 DEGREES 20 MINUTES 15 SECONDS EAST ALONG SAID EAST LINE, 344.65 FEET TO THE SOUTH LINE OF U.S. ROUTE #34; THENCE WESTERLY ALONG SAID SOUTH LINE BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 7423.42 FEET, A DISTANCE OF 257.39 FEET TO A LINE BEARING NORTH 08 DEGREES 54 MINUTES 35 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 08 DEGREES 54 MINUTES 35 SECONDS WEST ALONG SAID LINE, 377.37 FEET TO THE POINT OF BEGINNING IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. 4 IIWFIIIC bJU-bbZI-bt5S2 P' 1 rr Verne Henne P.O. Box 51 * Yorkville, IL 60560 DATE: 1/22/09 TO: United City of Yorkville City Clerk ZBA: 2008-09 Fax: 630-553-7575 MY PHONE: 1-630-553-5203 RE: Legal Objection MY FAX: 1-630-553-5582 No. of pages incl. cover sheet: 2 0 URGENT CO_WENTS: Please find following the written notice of protest against the proposed sign variance seeking identification signs on the rear of a building (reference ZBA: 2008-09) for the City Council meeting scheduled for January 272009. The written notice is being mailed via 15� class mail min also certified/return receipt to: United City of Yorkville City Clerk Pearle Vision Jimmy Johns Legends liar Amici D'Amore Thank you. Verne Henne, Member/Manager for Esmer Capital Mgmt. Enterprises, LLC Harvest Property Mgnnt,, LLC Pepperblend Property Mgmt, LLC ,,arc ca uo uu; c-ra ryenne 630-553-5582 p. 2 United City of Yorkville City Clerk City Hall ZBA 2008-09 800 Game Farm Road Yorkville, IL 60560 PETITIONERS: Randall Burggraf Jeri Antoinette Dick Johnston John Pappas Kim Karras LEGAL OBJECTION This is a written notice of protest against the proposed sign variance seeking identification signs an the rear of a building, According to the Public Notice, the real property is located at 620 and 624 'West Veterans Parkway, Yorkville, IL 60560. The undersigned states that according to the Illinois Compiled Statutes, he is the member/manager of Esmer Capital Management Enterprises, LLC, Harvest Property Management, LLC and pepperblend Property Management, LLC, which constitutes more than 20% of the frontage and is requesting that the City Council of the United City of Yorkville deny the variance. Verne L. Itenne, Member/Manager for Esmer Capital Mgmt. Enterprises, LLC Harvest Property Management,'LLC Pepperblend Property Management, LLC Mailing Address: PO Box 51 Yorkville, IL 60560 From the desk of SUSAN KRiTZBERG 1217 Game Farm Road Yorkville,IL 60560 Telephone: 630553.7773 Email address. skritz54Qyahoo.com February 15,2009 Mayor Valerie Burd and Member of the Yorkville City Council, including Alderpersons: Robert Allen Arden Plocher Joseph Besco Rose Spears Gary Golinski Robyn Sutcliff Marty Munns Wally Werderich Dear Mayor Burd and Members of the City Council, I am writing to you today to share my concerns with you regarding an appeal that will come before you on Februrary 24 for a variance on allowable signage for the commercial buildings along Route 34 that house the businesses of Legends Sports Bar&Grill,Pearie Vision,Jimmy John's Gourmet Sandwiches,and Amici's Italian Restaurant. These buildings are Iocated approximately one thousand feet to the west of me and their east-facing walls or"backs" of the buildings dominate my view to the west from my home and grounds.It is my understanding that the request being made is for approval to add signage to the backs of these buildings to"increase exposure"for the businesses they house. This would be in addition to existing signage on the fagades of the buildings at their front entrances,as well as a large illuminated pedestal sign along Route 34,just east of the entrance to the strip development. My name is Susan Kritzberg and 1 am a third generation resident of Yorkville. My home is located at 1217 Game Farm Road,which is the southwest corner of Game Farm Road and Route 34,and my property was purchased and developed in 1950 by my parents,Eugene and Irene Harberts,both now deceased. It encompasses about 4 acres and consists of natural wooded and marshy areas,as well as two fishing ponds, a well-manicured lawn and garden area,a small barn,and a summer cottage in addition to the main house. (Over the years,we have had many strangers enter our property,thinking it was a public park;needless to say,becoming quite embarrassed to learn that it was our private home). To a great extent,the Blackberry Creek serves as the western boundary of my property. It is my strong belief that additional signage or advertising in any form would be inappropriate and detrimental to the surrounding area,as well as inconsistent with guidelines and ordinances currently in place which protect and promote the long range vision of the community as outlined by the Comprehensive Plan.In the following several paragraphs,I will refer to additional support information such as city maps and design guidelines as well as several attached photos to further clarify my points. Before I begin,I would like to make one additional comment regarding Amici's Italian Resaurant. I believe that apparent consideration was given to the design of this building in terms of blending it into the surrounding landscape in a tasteful manner. The utilization of low lighting and attractive terracing to the east nicely supports their desire to incorporate the scenic beauty of the green area into the dining experience. The bulk of my comments will be directed toward the strip commercial building adjacent to Route 34. Beyond Blackberry Creek to the west,an open green space has been maintained for years which was once pastureland and which separates the commercial development from my yard. This land is privately owned by Dave and Maria Fisher,and was previously owned by their grandfather John Conover,who at one time owned much of the farmland in the northwestern section of the community. This open space includes a large pond surrounded by a well-manicured grassy area leading to the banks of the creek and it extends west to the commercial properties in question. It is attractively landscaped with trees,grasses,and wild plants,and the area provides a safe haven for a variety of wildlife. As an example,several weeks ago a bald eagle was seen soaring overhead and fishing in the creek less than one hundred feet from the highway. This area and my property(which is registered as a Wildlife Habitat by the National Wildlife Federation) are part of a much larger meandering"green" area that follows the creek from north of Bristol down to the Fox River. Collectively,these connected green areas form a unique tract of unincorporated land closely located to the core of the community. The Open Space Opportunities Map(10107)for the City of Yorkville designates all of these areas as"Open Space Opportunities;' as of 03127106. The Developable band Map (10131107)clearly indicates that all of the above mentioned areas are not"developable," (primarily due to the fact that)the FloodplainslWatersheds Map(10131107)shows a large portion of these green areas to be within the 100 Year Fioodplain. Simply stated,it is highly unlikely that this area will ever be absorbed into or rezoned to become future commercial,industrial,or residential development.There is strong potential for this area to remain a special,beautiful little pocket of open green space for many years to come. As a recent member of the Comprehensive Plan Citizens Advisory Committee,I was provided with many, many resources and model examples of prudent planning and conscientious decision-making by other communities throughout the country. We were also provided with a copy of the Design Guidelines included in the United City of Yorkville Comprehensive Land Use Plan Update,which specifically includes a section on Site Planning Principles.These principles echo many of the guidelines set forth as critical in other communities. In regards to View Corridors,the following is stated,"Open space is considered a valuable amenity,therefore careful consideration of vistas into open spaces for residential lots,streets,and drives is required.Maintain view corridors to provide vistas of amenities,natural features,open spaces,and other significant elements." One of the goals/objectives set forth by the Comprehensive Plan Advisory Committee urges us to"preserve and enhance the integrity of existing green spaces and natural viewsheds."I believe that the open space to the east of these commercial buildings is both an excellent example of a beautiful viewshed and an important part of a vital green space within our community. Allowing signage,illuminated or otherwise,to be placed on the backs of these building to further advertise these commercial businesses to westbound motorist on Route 34 would dramatically violate and degrade the beauty of this natural area during both daylight and night time hours. As we all know,Route 34 will eventually be expanded to a four lane highway and plans are already in place to incorporate a walking or recreational path on the south side of the highway which would connect the core of the community to the rapidly developing commercial and residential areas to the west. The refreshing scenery along the creek and throughout this natural area will become all the more important and appreciated when considering future foot,recreational,and vehicular traffic frequenting this area. On a personal note,regarding viewsheds,I have the unfortunate distinction of directly viewing the back,or "service"side of the commercial strip building that directly impacts the aesthetic enjoyment of my home and grounds. Once again,when compared to the United City of Yorkville's Design Guidelines—Site Planning Principles,it is disappointing to see what little regard was given to these guidelines by the developer of this commercial property.Please refer to the attached photos. As the commercial strip building is positioned perpendicular to Route 34,the front entrances and parking areas are located on the west side,and back of the building is also in plain view to westbound motorists and pedestrians. The Guidelines state, "The visual impact of service,delivery,trash and outdoor equipment or storage areas should be minimized,particularly relative to views from public roadways and pedestrian corridors. Thoughtful placement and integration into the architecture and site design is a priority for all sites." Another statement offers the following suggestions, "all proposed dumpsters,trash receptacles,refuse storage containers,outdoor storage and ground mounted equipment should be located within an enclosure providing screening along with landscaping along the perimeter." On a final note,guidelines recommend the following: "avoid locating service areas where they are visible from adj=ent buildings or where they may iMpgct view corridor." At next week's meeting,you will be asked to vote in favor of additional advertising signage to be located on the service entrance side of these businesses. Many of the principles of good design have already been violated in regards to this strip commercial building. Window placement facing the east is awkward and minimal,wide range lighting is in place above the service entrances,little but the bare minimum has been done to conceal the unsightly appearance of this area with screening,and a landscaping buffer is,for all practical purposes,nonexistent. Delivery trucks are frequently parked here as well.Now you will be asked to offer further leniency and,in simple terms,make a bad situation worse. Approval of additional signage will not only bring more attention to an unattractive area while imposing itself on a beautiful area,but a new precedent will be set for strip development businesses to advertise from three separate angles. All that we learned on the Advisory Committee reinforced the need to control and reverse the adverse impact of strip commercial patterns of development by minimizing access points,adding attractive and eco-friendly landscaping and perhaps most importantly,minimizing signage. I would like to close by saying that my family has always been involved in small business here in Yorkville. 1 fully understand the strain that the present economic situation has placed on the ability of businesses to stay solvent. However,I cannot believe that either of these two buildings' exposure is so very compromised,as they slate,that it warrants this additional signage.I have learned that the initial concern voiced by the business owners was that several evergreen trees on the Fisher property obscured the clear view of the illuminated pedestal sign along Route 34. The Fisher family has agreed,in goodwill,to allow these trees to be moved to a different Iocation,weather permitting,which will clear the visual obstruction. Unfortunately,it seems that the developer has not responded in a cooperative manner, last month,the ZBA unanimously denied approval of this request for signage at the public hearing. I urge each of you to do the same,and to take a moment to drive past this location and see for yourselves 1)that the current signage adequately identifies the businesses and allows plenty of time to approach and enter their curb cut(even with the trees in place),and 2)exactly what the east side of this building looks like. I understand that,in your busy lives,many of you may never have given much consideration to,or even noticed,these details as you occasionally pass by,but I see them every single day. I thank you for your time,and ask for your serious consideration of this issue. Respectfully, Susan Kritzberg Cc: Travis Miller,Community Development irector,United City of Yorkville AnachmentslPhotos e.. f l�� ,; #'i�;�5. rr ii � .k� ~ ,.* � 4 .n,,,1 s4'',i��•" �1� � Y • 4 r,� S'r�.r� �'�. �1� ��,y�. � f y�i�F Sd�. j.�r�p� �� irk - e:f �•��ILj+{��?'' 7, ,. � •j a a i Ar PF IL`iy 71M ll44ii ...# 1 ►,�� ,� r . I - l_ -�. - i� �, ��'� �, 4 ° L zYT V �' A• l �� w A#` ,i r = �� + II* �^/! �_� r� ^� y ` h'i i � , i �: ' ��li �J�. .'.{�� „ '.,. � ��' �, � �� __- �� . � . ; �� '� �: � � _� - �. �- ;! :; �,�?�4�" .�yr ��b� e4.= �,_. �pf�'. �y 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 27 2009 Mayor Burd 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 1 Allen Present Werderich Present Ward 11 Golinski Present Plocher Present Ward 111 Munns Present Sutcliff Present Ward 1V Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,City Attorney Orr,City Administrator McLaughlin,Assistant City Administrator Olson,Finance Director Mika,Public Works Director Dhuse, Police Chief Martin,Lieutenant Hart,Director of Parks&Recreation Mogle,Community Development Director Miller,Public Relations Officer Spies and City Engineer Wywrot. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Surd 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 Aldennan Spears requested that Item 47—Ordinance Amending the Code of Ordinances Declaring Dutch Elm Disease and Emerald Ash Borer as Nuisances be removed from the consent agenda and placed on the regular agenda under the Public Works Committee report. She also asked that the Ordinance Approving a Variance for 604 and 620 W.Veterans Parkway(ZBA 2008.09)under the Plan Commission report be tabled per the owner's request. Mayor Burd asked that Item 93-Acceptance of the FY 2007/2008 Annual Financial Reports(CC 2009- 04)under the Ma}or's Report be moved to the second item under Presentation. The amendments were unanimously approved by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m.,February 17,2009 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.,February 26,2009 City Hall Conference Room PUBLIC FORUM Discussion of City Leash Lan Mayor Burd explained that the city's leash was changed after an adjudication session concerning the police being called by a neighbor on a gentleman who was in his yard with his dog. This violated the ordinance and he was fined$50.00 because his dog was not on a leash. Mayor Hurd spoke with the adjudication officer and they felt that laws should not be used as vendettas. She brought the change in the ordinance to the Public Safety Committee and then to the City Council where the code was amended to allow dogs to be in their yard unleashed. She explained that he leash law is only enforced when violations are reported;the police are not looking for them. She stated that as mayor.she takes resident's concerns seriously so she wanted them to have an opportunity to discuss the leash law. The Minutes of the Rc ular Meeting of the City Council—January 27 2009—12age 2 Alderman Munns staled[hat he wished he had heard comments before he voted because he fell that he may have voted differently. He stated he looked at the law from his perspective as a dog owner and did not consider other points. Fred Du5ell,478 Kelly,commented he was happy that the City Council was rethinking the issue. He staled he was a dog owner for years and that he has learned that dogs are unpredictable. He felt that the city should not go with the amendment that was passed and dogs should be kept leashed;unleashed dogs are a public safety issue. Bob Grezlik,301 E.Somonauk,explained that he enjoys walking in various parts of the city. He stated that dogs see a stranger and come out to see who the stranger is and this can be very intimidating. He staled that lie has been chased into the street by dogs and did not like that those dogs aren't confined. He was against the change unless a yard is totally fenced in. Matt May 873 Canyon Trail,agreed that the ordinance should be changed back. He explained that he has a neighbor with an unpredictable dog and that he paid 54,000.00 for a fence to protect his child from it. He asked that in the interest of public safety the City Council reconsider the amendment to the ordinance. Lisa Peterson, 1001 Adrian Street,explained she has a 100 pound dog that she rescued. The dog was abused and is not friendly, She walks the dog at 6:00 a.m.and has to contend with other peoples dogs that are unleashed. She felt that she should not have to worry about dogs chasing her and her dog. She also noted that some people are not responsible for cleaning up after their pets and that stray eats are a problem. She asked that the ordinance be reconsidered. Joyce Barrett, 1531 Cottonwood Trail,stated that elected officials should vote in the best interest of residents. She discussed the evolution of the dog ordinance beginning in 1974. The original ordinance was amended in 1983 to add fines;in 1993 to apply to all domestic animals and require animals to be contained by a lease,fence,etc.;in 2003 which addressed animals at large and in 2006 to address defecation. Mrs.Barrett stated that constraining dogs has been in effect for years and she found it difficult to understand wh% after the City C'ouncil's predecessors supported restraining animals this City Council decided to change it. She asked the Council to reconsider their decision. Mike Skinner, 1534 Walsh Drive,stated that he did not feel that the ordinance goes far enough;maybe it should be illegal to walk dogs on the sidewalk since he was once bit by a leashed dog walking on the sidewalk. He fell that what happens on his properly is his responsibility, He explained that when his dog is in his yard unleashed she is fine and should be legal however if she leaves his yard he should be at fault and subject to fines. He stated he took offense that his dog is forced to be leased in his own yard or he has to fence in the yard. He felt that he should not be impacted by others who don't follow rules. He further stated that the city is turning into one with too many rules which are costing too much. He asked the City Council to keep the law as it currently is. Rolf Snobeck,2679 Burr Street,indicated he was new to Yorkville and he owns two dogs. He felt this matter was about individual responsibility. He explained that he had a fenced yard in order to keep his pets safe and confined. His dogs are trained and don't need to be leashed if they are in his front yard with him. He asked the City Council not to punish those who take care of their pets. Larry Franklin.312 E.Spring,agreed with the last two gentleman;his dogs should be able to be unleashed in his own yard. Jean McBride, 1212 Evergreen Lane,stated that she was unaware of the new ordinance or she would have come to address the City Council earlier. She suggested that the City Council let people know before they make decisions that affect so many. She stated that there are hvelve dogs living on her block however she doesn't see most of them however if all twelve were left unattended it would be a big problem. She felt that dogs are unpredictable and people should be able to walk through the city without any problems;dogs should be on a leash. Rosie Millen, 1807 Country Hills Drive,stated she agreed that it is the responsibility of the pet owner to control their dogs. She slated that she moved to Yorkville to be in a community without fences and she should not have to give up the freedom of playing with her dogs,without a leash,in her own yard just because it is not fenced in. She felt it was the responsibility of pet owners to train their dogs. She also noted that she has met many of her neighbors due to her dog, She encouraged the City Council to keep the ordinance as it is. Ellen Feltes,410 E.Main Street,stated she sympathized with responsible dog owners however what happens to the victims of a dog attack? The Minutes of the Regular Meeting of the Citv Council january27,2009-13age3 George Gilson,498 Sunflower Court,slated he is a pet owner who supports the original ordinance, He asked the City Council to protect residents and to remember that there is no law to correct a child getting attacked. Jeff Peterson, 1001 Adrian Street,supported the former ordinance and stated that if dogs stay in their own yard,no one will call the police. Peggy Wilkinson,505 Colton,asked that the previous ordinance be reinstated. She explained that she has been nipped when walking her dog and that she has a neighbor who leaves their dogs unsupervised and it chases pedestrians. Ifshe called the police,they won't gel there in time to see the dogs unsupervised. Bob Grezlik,301 E.Somonauk,stated he lived near Ms.Wilkinson and agreed that her neighbor's dogs are intimidating. He asked what could be done and Chief Martin explained he should call the police and an officer will issue a citation based on his report. Mark Johnson,204 Georgiana,reported that two of his family members have been bitten by dogs while in a public right of way or sidewalk. He explained he had an issue with electric fences because the batteries fail or some owners don't put the collar on. Also.walkers can't tell if there is an electric fence on a property. Some people put them beyond the sidewalk and he questioned if this was a violation or ifa building permit was needed before they are installed. He stated that while he has neighbors who are good dog owners there are those who are not. He empathized with the good dog owners but felt that pets should be leashed. Carol Foster, 1312 Chestnut Circle,explained that she is a pet owner who walks her dogs several time a day. They are leashed and she cleans up after them. She was walking her dog when a neighbor let their dog out and it knocked into her.She stated that the owner apologized but she indicated that the next time this happens she will call the police. She fell that people should be responsible for their pets and that people in their yards w ith their pets was fine. She stated that those who let their pets out unleashed cause problems. There was not further public comment. Mayor Burd thanked everyone for attending and stated that the Public Safety Committee will revisit the ordinance. She suggested that the ordinance be redrafted now in order to be addressed before the April election. Alderman Spears thanked everyone for their comments. She stated that she received maim emails regarding this subject. She gave statistics from the Police Department on loose dog calls and reported bites.She slated that before the Council voted on the recent change,Chief Martin had sent them a memo expressing his concern with the amendment. She felt that the majority of the City Council voted in error. She thanked Alderman Golinski for placing this on the agenda for further input. Alderman Allen commented that he did not have the opportunity to vote on the ordinance and that this was a great chance for the City Council to listen to residents. The Council has listened to a variety of views and can consider the input. He thanked everyone. Alderman Sutcliffthanked those present and stated that their input is invaluable. She stated that she had received emails both for and against the new ordinance and that it is the Council's job to take the comments and decide what is best for everyone. Aldennan Werdertch thanked everyone and commented that it is important to know the pulse of the community. Alderman Golinski commented that he thought it was a bad idea to change the ordinance and voted against the amendment. He noted that there are 4.7 million dog bites each year of which 300,000 victims are hospitalized. Also there have been five fatalities,two in Illinois,all of which were children under five years of age. He supported changing the ordinance back. Alderman Besco indicated(hat he had trouble with the amendment. He owns an elderly dog that can't walk very well. He leaves his dog out his front door because she is not a nuisance due to her age. On the other hand,his own daughter was approached by a stray in their own yard. He called the county but there is no dog catcher and he was told to catch the dog himself. He stated that there are responsible pet owners and there are those who are not. He asked Chief Martin how he would like to see the ordinance and then state he would take his advice. The Minutes of the Regular Meeting of the Cit•Council--Januar •27 2009—pope 4 Alderman Munns stated that if no one abused the late,there wvouldn't be a need to address this. He added that 100%of the emails he received requested that the ordinance be changed back. Alderman Spears slated that she received a letter from a Mr.Leonard regarding the ordinance, She contacted him and was told that his son was viciously attacked by two dogs which resulted in his being confined to a wheelchair. Mr.Leonard asked her to share his story because he does not want this to happen to anyone else. Alderman Spears slated that the ordinance will be placed on the next Public Safety Committee agenda for further review. Mayor Burd asked Attorney Orr to write an entirely new ordinance, Alderman Spears suggested that it conic directly to the City Council to make the process Faster. The City Council was in agreement. Attorney Orr stated that she would have a new ordinance ready for the next City Council meeting and she asked the Council to contact her with any suggestions,changes,etc. PRESENTATIONS Senate Bill 253 Regarding Housing Recovery Greg Millen,president of the Chamber of Commerce,along with Scott Eckstein of James Scott Custom Builders distributed information and addressed the City Council regarding Senate Bill 253 regarding housing recovery. Mr.Millen explained that as a local business owner he works with many area groups and homebuilders. He is trying to bring awareness for the Fix Housing First movement. Due to the huge downtum in the economy there has been lost wages and purchases which effect sale tax revenue. The downturn also has had a huge impact on real estate. The Fix Housing First movement allows buy-downs on mortgages. This reduces the interest rate which allows housing to be more affordable. It also frees up cash for people to spend elsewhere or to invest.When people spend elsewhere,it creates jobs. The government is bailing out companies whose CIA's make huge salaries. This movement suggests that the government bailout small businesses instead,Mr.Millen thanked the City Council for their time and asked the press to give the senate bill exposure. Alderman Besco asked who was sponsoring the bill and Mr.Eckstein slated he did not have that information. There has been some support for the bill but they are going for grass root support. This is not a bailout for builders but a bailout for homeowners. 75%of companies are family owned and they don't have the voice larger companies have. Alderman Spears asked if local banks were in support the bill. Mr.Eckstein stated that they have not seen opposition to it from any bank. A Federal backed buy down of mortgages will not have a negative impact on banks. Alderman Spears asked if the Chamber of Commerce supported the bill. She was told that the Chamber developed awareness to bring this into the spot light. When prime goes down,banks have benefits to lending at reduced rates. The bill is not meant to hurl banks. Studies also show,increased revenues to sale tax with the plan and the overall benefit of the bill surpasses the cost. The plan is not only to motivate new housing but also motivate the turnover of existing inventory. He felt that government has an economic responsibility to help people. Acceptance of the FY 2007/2008 Annual Financial Reports (CC 2009-04) Finance Director Mika distributed the official annual financial report and turned the floor over to Mike Senko and Tina Ward of Wolf&C Company LLC. Mr.Senko thanked everyone on the staff for cooperating in order to get the report finished. He staled that despite a few struggles and a delay.the numbers are an accurate reflection of where the city is. He noted That the fund balance has decreased however this was budgeted for last year. The$2.9 million fund balance is less than what he would like. He recommended a balance for five to six months however the ending balance continues to be healthy. The city passed with a clean audit and should be proud. The policy and procedures tested were up to speed. Attorney Orr started that she has never worked with a municipality with a six month reserve,most have a three month reserve. She stated that she has never worked for a healthier municipality. She felt that Mr. Senko's recommendation is great however a three month reserve is good. City Treasurer Powell stated that the recommended reserve is 15%to 25%or three months in the fund balance. If this is exceeded,funds are available for expenditures. Mayor Burd asked if the recommendation was for a 50%reserve and Mr.Senko stated that it was. Administrator McLaughlin noted that in the prior%ear's budget the bonds ibr the downtowm and roads were included. The Minutes of the Re ular Meeting of the City Council--Januar•27 2009-vitee 5 Alderman Spears asked if there was a deficit in all the grants. Director Mika explained that the deficits could be a timing issue. Some funds were received this fiscal year and some will be seen on next year's report as they will be coming in soon. Alderman Spears asked if grant funds were in the next budget. Director Mika indicated some were in hand and others are due in. Alderman Spears asked if the city w as in the position to apply for other matching grant and Mr.Senko slated that more information was needed to decide this. Alderman Allen noted a S2 million error on page seven of the report. Director Mika explained that there was a typo in the second to last sentence on the page. The Public Safety over budget amount should be 5212,174.00. Alderman Besco asked if the statement that the Public Works expenditures were under budget S I million was accurate, Administrator McLaughlin explained that capital projects are budgeted in the General Fund and are now being kept separate. Mayor Burd stated that she feels great with a 25%fund reserve. She indicated that this balance is hard to maintain in the current economy so she msasn't sure of raising the amount. There were no other comments. Mayor Burd thanked the auditors for their hard work. PUBLIC HEARINGS None. CITIZEN COMMENTS Jean McBride, 1212 Evergreen,stated that she doesn't usually pay attention to the City Council however she reviewed the agenda and Saw under the Mayor's Report the discussion ol'boundan agreements. She emailed Alderman Golinski to find out the pros and cons. She received a reply of his perception and a map. She questioned if the City Council checked with the people affected;do they wan(to be in Yorkville or Millbrook. She asked the City Council to consider the property owners opinions. She was unsure as to how many people know about the boundary agreement and suggested getting more information out to the public. She felt that the city should not give up the opportunity for more commercial property. Mayor Burd noted that the City Council was not specifically discussing a boundary agreement with Millbrook:tonight's discussion will be more general. She suggested that Ms.McBride speak with the mayor of Millbrook and indicated that residents will have an opportunity for input because a public hearing will be held. Mike Skinner, 1534 Walsh Drive,indicated he was available if the City Council had any questions why the Zoning Board of Appeals voted against the variance for 604 and 620 W.Veterans Parkway. Mayor Burd explained that the item had been tabled. Mark Hameister,representing Merlin's at 102 Beaver Street,addressed the City Council. He commented on Mr.Millen's information on the housing recover) bill.He stated that he is trying to bring a business to Yorkville and have it be successful. He asked Aldermen Allen,Su(cliff and Plocher to make a motion to reconsider his sign%ariance. He explained that when the property was bought the code for a sign was 50 square feet however by the time construction began,the code had been changed. He slated that lie met with Alderman Plocher and thought he supported the variance. Attorney Orr clarified that a motion had to be made by one of the aldermen voting against the variance to reconsider and that this could be done under Additional Business. Alderman Spears asked if the business owner was a resident of Yorkville and Mr.Hameister stated that it was. She asked if the sign being requested was the standard sign used by the chain and he stated that it was. Alderman Munns questioned if the new sign at Chignoli Auto was within code. Director Miller indicated he would have to pull the permit which was issued around the time of the change. He also explained the sign size was based on the lot size. Alderman Munns commented that Yorkville will hL getting a good business with Merlin's and that he supported variances it brings business in. CONSENT AGENDA 1. Prestwick Sanitary Sewer Lift Station Agreement-aalhorize Mayor and Citi•Clerk to erecale (PW 2009-01) 1. Saravanos Development-First Midw esl Bank LOC#150017273-201 Expiration- awhorize Cifr Clerk to call letter of credit if it it not renvired prior to April 17,1009(PW 2009-02) 3. Kleinwachter Residential Development- Earthwork LOC Reduction#1 -authorize a re(luction to C[rsile Bark Letter of Credit No 7000166119-900 in an anrourrt not to exceed 3105.373 74. The Minutes of the Regular Meeting of the Cit•Council—January 27 2009-page 6 subject to verification that lire developer has no outstanding debt owed to the city Tor this project (PW 2009-03) 4. Resolution 2009-01 -IDOT Highway Permit and Resolution-Milazzo Property-authorize Mayor and City Clerk to execute,subject to receipt of the follot+ing.•a satisfactory sidemvalk covenant agreement.a satisfactory hand in the arnount of$30,000 acrd proof of.satisfrretoiy comprehensive liability insurance coverage(PW 2009-04) 5. Bristol Bay Unit 8-Bond Reduction#3-authorize a redaction to Armor Assurance C'onrpan'v Bond#ARM10694 for earthwork in air amount trot to exceed$10,723.56:and authorize a reduction to Arnror Assurance C'omptoi),Bond#ARM10751 for phase 1 landscaping in an anotan not to exceed$168.151.45,emd authorize a reduction to Armor Assurance Companv Bond#ARM]0750 for Phase 2 landscaping in air amount not to exceed S108,273.55,all subject to verifcafion that the developer has no outstanding debt owed to the citr;for this project(PW 2009-05) 6 Bristol Bay Units 1-3 and 5-7-Bond Reduction#3-authorize reductions to the following Armor Assurance Company Barrels for sitewak:Bond#sARM10350 in all amount riot to exceed 5670,488.32,Bond OARAY10351 in an arnount riot to exceed$184,809.87,Bond#ARMI0352 in air arrorint not exceed$204,338.05.Bond##ARM]0354 rot an arnount rot to exceed$405.075.72, Borrd#ARM10355 in an amount not to exceed$202,198.64,Bond#ARA410356 in an arnount not to exceed S280,547.72:and authorize reductions to the fallowing Armor Assurance Componv Bonds far earthwork. Bond#ARM10687 in an amount not to exceed$4,431.38,Bond #ARM10688 in an anrorau not to exceed 53,172.62.Bond#ARM10689 in air amouni trot to exceed S3,014.36.Bond#ARM10691 in air amount not to exceed S5,911.25,Bond#ARM10692 in an amount not to exceed$5,548.55,Bond 4ARM10693 in air amorarr trot to exceed S2,308.72: and authorize reditcrions to the following 3afeco Insurance Company Bond for landscaping: Baud#6544060 in art amoutrt riot to exceed S24,642.66,Bond 46544061 in an arrotrrrt not to exceed$28,712.47,Bond 46544064 in an amount not to exceed S24,510.65,Bond#6544065 in mr amount not to exceed$29,904.91,Bond#6544066 in air anrorau not to exceed$22,257.50:with all reductions subject to verification that the developer has no owslanding debt aired to the ciTY for this project(PW 2009-06) 7. Police Reports for November7December 2008(PS 2009-01) 8. Ordinance 2009-04- Amending the Code of Ordinances Regarding Term of Liquor Licenses- authorize Mayor and City Clerk to execute(PS 2009-04) 9. Resolution 2009-02-Approving a Revised Policy for Athletic Field Use Policies and Procedures -authorize Mut•or and City Clerk to execute(CC 2009-02) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Munns: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 COMMISSIONIZONING BOARD OF APPEAL None. MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meeting of December 22,2008 and the minutes of the Special City Council Meeting of November 8,2008,seconded by Aidemman Allen, Alderman Spears asked if the minutes could be voted on separately since not all the City Council was present at the November 8'h meeting. Alderman Allen withdrew is second:Aldemman Munns withdrew the motion. A motion was made by Alderman Munns to approve the minutes of the City Council meeting of December 22,2008;seconded by Alderman Golinski. Motion approved by a viva voce mote. A motion was made by Alderman Munns to approve the minutes of the Special City Council Meeting of November 8,2008:seconded by Alderman Allen. Attorney Orr stated that these minutes did not have to be apprvcd because there xmasn't a quorum at the meeting. The minutes should,just be reflected in the clerk's records. The Minutes of the Regular Aleetine of the Cih•Council--January-27 2009--page 7 BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated January 20,2009 totaling the following amounts:checks in the amount of$579,735,35 (vendors);$287,403.09(payroll period ending 11170/09);for a total of 5867,138.44;seconded by Alderman Golinski. Alderman Spears asked if there was a change to the payroll summary sheet and Director Mika explained that there«vas a memo on each of the City Council's desk to explain the change. Alderman Spears asked if the motion reflects the change and Director Mika indicated that it did. Motion approved by a roll call vote. Aves-8 ]days-0 Munns-aye,Plocher-aye,Spears-aye,Sulcliff--ave, Werderich-aye,Besco-aye, Golinski-aye,Allen-aye REPORTS MAYOR'S REPORT Boundary Agreements Discussion (CC 2008-118) Mayor Burd stated that she wanted to discuss the pros and cons of boundary agreements not specific to anyone in general. She stated she was looking for direction so she can deal�i ith other municipalities. Alderman Allen asked for clarification to Director Miller's December 22.2008 memo regarding unincorporated territories within 1 '/z miles of the corporate authorities'boundaries. Attorney Orr stated that she supported the memo however she hasn't reviewed any agreement because she was wailing for direction. Alderman Golinski stated that he was not against boundary agreements if they are used properly and they benefit the city. He felt that following the current logic,based on a plan from eleven years ago,was unfair. He stated he contacted a former City Council member in regards to the Plano agreement. hs necessity NN as explained to him and he staled that it made sense that the former City Council pursued the agreement. He did not feel that in the present economy it was necessary to rush into anything on the %%estern edge of York1 ille. He noted that boundary agreements lock the city in for twenty years and currently there are too manv unknowns(Prairie Parkway,landfill,ele)on the western edge. He suggested wailing to hear about the Prairie Parkway before proceeding. He also noted that there was nine years left on the Plano agreement which will need to be renegotiated and suggested that the city sit down with both Plano and Millbrook at that lime. Alderman Besco agreed with Alderman Golinski in regards to the economy and rushing into any agreements. He felt that in due time the city could negotiate sensible agreements. He suggested that if the building boom returns an agreement is considered. He also noted that this area will have the on1N Prairie Parkway intersection for Yorkville. Alderman Spears noted that the Councils of both Plano and Yorkville sat down and worked out their agreement together. She staled she was against going forward with any more agreements and that she was against the one worked out with Montgomery because it was not satisfactory to property owners in the area. She stated that when she noted the deficit in the budget she was assured that business revenue would be coming in. If the city gives away anything with Prairie Parkway potential there will be a loss of taxes for Yorkville. She noted that the additional funds could be used for services for the residents and she was thinking of future residents and City Councils. She suggested that any discussion be tabled at this time Alderman Werderich fell that there should be a reason for an agreement and that everyone on the Council should be in agreement. Also,he felt that landowners affected by the agreement should be consulted and everyone should be satisfied with it. Mayor Burd agreed that everyone did sit down together to discuss the Plano agreement. She indicated that several landoN�-ners didn't want the agreement because ofthe school district boundary. She stated that at the time of the discussions she was out of town so she was not aware of why the boundary was extended south of the Fox River. This extension impacted her property on River Road. She stated[hat she was looking at what was best for the greater good. She noted that the property owners who did not like the Montgomery agreement staved unincorporated. The Minutes of the Regular Meeting of the Citv Council—Januar•27 2009—page 8 Mayor Burd noted that Joliet is aggressively moving towards Yorkville's border, They are annexing property to hold until the market picks up. She stated that Millbrook agreement was just a draft. The land west of High Point Road was given to Plano but Millbrook wants Yorkville out of the agreement with Plano in this area. The area north of Route 71 is the only area under discussion. She further noted that Newark was surprised when Yorkville took away part of their library district. She stated that as long as she is mayor.she wants to tkork with Yorkville's neighbors. She stated that Millbrook may become aggressive with their annexations so she thought it would benefit the city to work rationally with Millbrook. Alderman Sutcliff slated that it was good to enter into agreements because it allows the city to plan for the future in regards to services. She felt that the communities around Yorkville should have the opportunity for boundary agreements and that it was common courtesy to work together. She noted that the school district has gotten hold on growth. She questioned how many students will be in the Millbrook area. Alderman Plocher stated his only concern was with Joliet because a patchwork of a city is hard on services. Alderman Munns agreed that with the current economy there was no need to rush things. He stated that awhile he supported playing nice he felt that the Council had to think about the city's"o%vn team". Mayor Burd asked the City Council if negotiations for boundary agreements should proceed. She polled the alderman;Aldermen Golinski,Spears and Besco were against proceeding. Aldermen Werderich, Plocher,Sutcliff and Allen supported negotiations. Alderman Munns was not present for the poll. Mayor Burd indicated that she would go ahead with discussions after the mayor of Millbrook returned from a trip. Amendment to an Agreement with the Chief Martin (CC 2009-03) Mayor Burd entertained a motion to approve an amendment to an agreement with the Police Chief Harold O.Martin III and the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Spears;seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-6 Nays-0 Sutcliff-aye,Spears-aye,Plocher-aye,Werderich-aye,Besco-aye,Allen-aye Aldermen Munns and Golinski were not present for the vote. Ordinance 2009-05 Abating the Tax hereto Levied for the Year 2008 to Poi Principal of and Interest of 52,020,000.00 General Obligation Bonds (Alternate Revenue Source),Series 2008,of the United City of Yorkville,Kendall County,Illinois (CC 2009-05) Mayor Burd entertained a motion to appro.e and ordinance Abating the Tax hereto Levied for the Year 2005 to Pay Principal and Interest of 52,020,000.00 General Obligation Bonds(Alternate Revenue Source),Series 2008,and authorize the Mayor and City Clerk to execute. So moved by Alderman Werderich;seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye,Plocher-aye,Werderich-aye,Besco-aye,Allen-aye,Sutcliff-aye *Aldermen Munns and Golinski were not present for the vote. City Employee Use of REC Center (CC 2009-06) Mayor Burd entertained a motion to approve the establishment of an employee rate per month for the United City of Yorkville full time employees and permanent pan time employees working more than 20 hours per week with at least 12 months of service to use the Rec Center. So moved by Alderman Sutcliff; seconded by Alderman Pioeher. Director Mogle reported that he brought this proposal forward to encourage employees to use the facility. The payback to the city is the health and well being of employees and the increased revenue when they have their family members join at the standard rate. He stated he contacted other municipalities and based his proposal on that of Orland Park. His hope was to have the City Council set a rate for employees. The Minutes of the Regular Meeting of the City Council—Januar•27 2009—paLge 9 Alderman Golinski stated he supported the Rec Center but was told that it would pay for itself. He felt this was a nice gesture but the center is currently operating at a deficit. He did not agree that giving employees a reduced rate would increase revenue. He stated it was time to tighten belts. Alderman Munns stated he has seen the benefits of healthier employees and questioned if this would help save on health insurance premiums. Alderman Werderich stated he could not support the agreement as written. He was unsure that the suggested S 10.40 fee would cover expenses. He supported some other discount but not what was proposed. He understood that this was something that could be offered the employees without affecting the city's bottom line. He stated that it has been brought to his attention by resident that the facility is small and he felt this could impact members. He stated that he would like to see something else. Mavor Burd asked how the amount was reached and Director Mogle explained that he approached the Park Board to allow employees to have a basic membership at no cost. The Park Board struggled with this and felt that there should be a cost in order to cover expenses so he researched what other communities do. He reiterated that the felt that this would bring in additional revenue and could be a way to get into the black. Alderman Spears asked if the center was profitable and Director Mogle stated that he did not know the profit margin. He went on to explain what each membership(basic vs,premium)covered. Alderman Spears stated she did not support the Rec Center because of the tax dollars being used. She stated that the Rec Center was supposed to support itself. She also commented that resident rates are only S8.00 less than non-resident rates. She suggested that current members be surveyed to see if they supported this. She also slated she would like the figures from other communities before she made a decision. Mayor Burd stated that Director Mogle could bring this information back at the next City Council meeting. Alderman Allen asked what Alderman Werderich had in mind. Alderman Werderich stated that there were not enough facts on the table. Mayor Bard asked how many people this would affect. Director Mogle stated that there were 100 full time employees and that the current membership was around 1000. He did not feel that amount of employees xkould impact the center. Alderman Plocher commented that the Park Board discussed this at great length. Also,this would be a positive for the employee during a time other things are being taken away from them. A motion was made by Alderman Spears to table this matter;seconded by Alderman Besco. Motion to table defeated by a roll call vote. Ayes-3 Nays-4 Present-I Spears-aye,Plocher-nay,Werderich-ave,Golinski-nay, Besco-aye,Allen-present,Sutcliff-nay,Munns-nay Alderman Golinski asked if this could be taxable and Director Mogle stated that it was not because it is a city business. Director Mogle went through the figures of the fees he anticipated if employees had their Families join. Alderman Besco slated that employee could stay in shape with a basic membership. He fell that the cost of this will be hard to explain to the taxpayers;employees get a break while they pay the full rate. He stated he could not support this. A motion%%as made by Alderman Allen to approve the establishment of an employee rate of$30.00 per month for the United City of Yorkville full time employees and permanent part time employees working more than 20 hours per week with at least 12 months of service to use the Rec Center;seconded by Alderman Golinski Mayor Hurd asked what the corporate rate was and Director Mogle indicated that was based on the number of employees. Alderman Werderich asked if the reduced rate was for the basic or premium membership. Director Mogle stated it would be the premium membership. Motion approved by a roll call vote, Ayes-6 Nays-I Present-I Allen-aye.Sulcliff-aye,Munns-aye.Spears-present Plocher-nay,Werderich-aye,Golinski-ave.Besco-aye The illinutes of the Regular Meetine of the City Council--innuary 27 2009_nsize 10 Resolution 2009-03 Of Support for SB.253—A Bill to Amend the Internal Revenue Code of 1986 to Expand the Application of Homebuyer Credit,and for Other Purposes (CC 2009-07) Mayor Burd entertained a motion to approve a resolution of Support for SB.253—A Bill to Amend the Internal Revenue Code of 1986 to expand the Application of Homebuyer Credit,and for Other Purposes and authorize the Mayor and City Clerk to execute. So moved by Alderman Golinski;seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-8 Nays-t? Werderich-aye,Golinski-ave,Besco-aye,Allen-aye, Sutcliff-aye,Munns-ave,Spears-aye,Plocher-aye CITY COUNCIL REPORT No report. A 1'fORNEY'S REPORT' No report. CITY CLERK'S REPORT' No report, CITI'TREASURER'S REPORT No report. CITI'ADMINISTATOR'S REPORT Mayor Burd asked about the lgoal setting meeting and Administrator McLaughlin stated he would get dates together. FINANCE DIRECTOR'S REPORT Director Mika staled that the city secretary will be contacting the aldermen to arrange a date for the budget workshop. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that more funds will be appropriated through MFT for salt. CHIEF OF POLICE'S REPORT Chief Martin reported that two BASSET classes were scheduled for February 9'"and February 23"'. Also the Polar Plunge would be held on March 8,2009. Alderman Allen expressed his concern for safety with a peeping tom running around. Chief Martin reported that a suspect had been caught three weeks ago and the matter was resolved. DIRECTOR OF PARKS& RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR REPORT None CONIMliN1TY RELATIONS OFFICER'S REPORT Mrs.Spies reported that the Green Committee would be holding an environmental fair on March 21,2009 from 11:30 a.m.to 5:00 p.m.at the Rec Center. COMMUNITY&LIAISON REPORT Cable Consortium Alderman Golinski reported that he attended the Cable Consortium meeting where they voted to refund second quarter fees. School Board Alderman Sutcliff reported that she attended the School Board meeting Where their strategic plan report, school boundaries and the increase in students was discussed. Metro Mayors Breakfast Mayor Burd reported that she attended the Metro Mayors breakfast Where the impeachment process. capital bill and the Route 47 Widening was discussed. The Alin utes of the Reaular-Meeting of the Cit v Council—January 27,2009—Daze 11 ADDITIONAL MAYORS REPORT Mayor Burd entertained a motion to approve the independent auditor's financial report Iforn Wolf and Company,LLC for the fiscal year ended April 30,2008,as presented. So moved by Alderman Golinski; seconded by Alderman Werderich, Motion approved by a roll call vote. Aves-8 Nays-0 Allen-aye,Sutcliff-aye,Munns-aye,Spears-aye, Plocher-aye,Werderich-aye,Golinski-aye,Besco-aye COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT CMAQ Grant Applications (PW 2009-13) Resolution 2009-04 Authorization to Participate in Congestion Mitigation/Air Quality Improvement Program(CMAQ)for the Route 47 Trail Improvements A motion was made by Alderman Besco to approve a resolution of authorization to participate in Congestion Mitigation/Air Quality Improvement Program(CMAQ)forthe Route 47 Trail Improvements and authorize the Mayor and City Clerk to execute;seconded by Alderman Allen, Alderman Spears asked what the actual fee was that the city would be responsible for and Director Miller explained that it was 20%match or S 181,024,00. Alderman Spears asked if funds had been identified and Director Miller stated they had not. He further explained that the prniecl wasn't scheduled to begin until 2010 and that funds would be due as the project proceeds not up front. Alderman Spears asked how much was due in 2010. Director Miller stated that IDOT will proceed with the engineering work as it is completed.At(his time the city will be invoiced for its portion. City Engineer Wywrot added that IDOT typically charges 15%of construction cost for engineering which is due after the project is completed. Alderman Plocher asked il'Route 47 was looked into and Mr.Wywrot stated that there wasn't an agreement yet but the city should plan for the sidewalks and trails along Route 47. Motion approved by a roll call vote. Ayes-8 Nays-0 Golinski-aye,Besco-aye,Allen-aye,Sutcliff-aye, Munns-aye,Spears-aye,Plocher-ave,Werderich-aye Resolution 2009-05 Authorization to Participate in Congestion Mitigation/Air Qualit3 Improvement Program(CMAQ)for the US 34 Trail Improvements A motion was made by Alderman Besco to approve a resolution of authorization to participate in Congestion Mitigation/Air Quality Improvement Program(CMAQ)for the Route 34 Trail Improvements and authorize the Mayor and City Clerk to execute;seconded by Alderman Golinski. Motion approved by a roll call vote. Aves-8 Nays-0 Besco-ave,Alien-aye,Sutcliff aye,Munns-aye, Spears-aye,Plocher-aye,Werderich-aye,Golinski-aye Resolution 2009-06 Authorization to Participate in Congestion Mitigation/Air Quality Improvement Program(CMAQ)for the Kennedy Road Trail Improvements A motion was made by Alderman Besco to approve a resolution of authorization to participate to Congestion MitigationlAir Quality Improvement Program(CMAQ)for the Kennedy Road Trail Improvements and authorize the Atayor and City Clerk to execute;seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Sutcliff aye,Munns-aye,Spears-aye,Plocher-ave, Werderich-aye,Golinski-aye,Besco-aye,Allen-aye Resolution 2009-07 Authorization to Participate in Congestion MitigationlAir Quality Improvement Program(CMAQ)for the Game Farm RoadlSomonauk Street Trail Improvements A motion was made by Alderman Besco to approve a resolution of authorization to participate to Congestion Mrtigahon/Air Quality Improvement Program(CMAQ)for the Game Fame RoadlSomonauk The A7inutes of the Regular Meeting of the Go,Council—January 27 2009—naim 12 Street Trail Improvements and authorize the Mayor and City Clerk to execute;seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Spears-ave.Plocher-aye,Werderich-aye, Golinski-aye,Besco-aye,Allen-ave,SutclifF aye Ordinance 2009-06 Amending the Code of Ordinance Declaring Dutch Elm Disease and Emerald Ash Borer as Nuisances (PW 2009-07) A motion was made by Alderman Besco to approve an ordinance amending the Code of Ordinance Declaring Dutch Elm Disease and Emerald Ash Borer as Nuisances and authorize Mayor and City Clerk to execute;seconded by Alderman Golinski. Alderman Spears asked if the city entered into compliance with the Department of Agriculture and Director Dhuse stated it had. Alderman Spears asked if specific tree removal people would be used and Director Dhuse said yes. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Plocher-aye,Werderich-aye,Golinski-aye, Besco-aye,Allen-aye.Suicliff-ave,Munns-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Police Department Alderman Spears pointed out the wonderful job the Police Department was doing especially with working with other municipalities. She indicated that she supported additional equipment for the detectives. Public Forums Alderman Spears requested that the City Council consider more public forums on ordinances that impact many residents in an effort to keep them informed. She stated that she read about the reading of ordinance before they are adopted. She suggested three reading before an ordinance is voted on. President Obama's Speech Alderman SutchITread selections from President Obama's inaugural speech and stated that some of the things he said apply to the City Council.She stated that his speech addresses the concern of residents of how the City Council is acting. Merlin Muffler Variance Alderman Werderich echoed the concerns from the gentleman representing Merlin Muffler. He asked that one of the aldermen who voted against the variance make a motion to reconsider. No motion was made, EXECUTIVE SESSION Mayor Burd entertained a motion to into Executive Session for the purpose of litigation,when an action against,affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal,or when the public body finds that an action is probable or imminent,in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.So moved by Alderman Werderich;seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Sutcliff-ave,Werderich-aye,Besco-aye, Golinski-ave,Allen-ave,Munns-aye,Plocher-aye The City Council entered into executive session at 10:25. The City Council returned to regular session al 11:05 The Minutes of the Regular Meeting of the Cit►•Council—Januan 27 2009—page 13 ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. 5o mo►ed by Alderman Besco;seconded by Alderman Allen. Motion unammously approved by a viva voce vote. Meeting adjourned at 11:05 P.M. Mtnules submitted bv- Jacquelyn Milsche%%ski, City Clerk City of Yorkville,Illinois )ATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 1 LIME: 08:57:47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR ## DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 4ACVB AURORA AREA CONVENTION 013109-SUPER 02/10/09 01 FINANCE-JAN. SUPER 8 HOTEL TAX 01.120-65-00-5844 02/24/09 866.69 MARKETING - HOTEL TAX INVOICE TOTAL: 866.69 VENDOR TOTAL: 866.69 4CCURINT ACCURINT - ACCOUNT 41249304 1249304-20090131 01/31/09 01 POLICE-JAN. SEARCHES 01-210-65 00-5804 02/24/09 59.80 OPERATING SUPPLIES INVOICE TOTAL: 59.80 VENDOR TOTAL: 59.80 ARAMARK ARAMARK UNIFORM SERVICES 610-6480906 02/03/09 01 STREETS-UNIFORMS 01-410 62 °00-5421 02/24/09 25.48 WEARING APPAREL 02 WATER OP-UNIFORMS 51-000 62-00-5421 25.48 WEARING APPAREL 03 SEWER OP-UNIFORMS 52-000-62, 00-S421 25.48 WEARING APPAREL INVOICE TOTAL: 76.44 VENDOR TOTAL: 76.94 ASOCTECH ASSOCIATED TECHNICAL SERVICES 18942 01/23/09 01 WATER OP-LEAKAGE EMERGENCY 51-000 65-00-5804 02/24/09 7-27.75 OPERATING SUPPLIES 02 CALLOUT ** COMMENT ** INVOICE TOTAL: 727.75 VENDOR TOTAL: 727.75 ATT AT&T 6305529222-0109 01/25/09 01 WATER OP-FOX HILL LIFT 51-000-62-00- 5436 02/24/09 29.34 TELEPHONE INVOICE TOTAL: 29.34 1/n V� 1- DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 08:57:47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # F.O. # DUE DATE ITEM AMT 4TT AT&T 6305531141-0109 01/25/09 01 POLICE-FAX & PHONE 01-210-62-00-5436 02/24/09 194.80 TELEPHONE INVOICE TOTAL: 194.80 6305531577 0109 01/25/09 01 WATER OP-LIFT STATIONS & WELLS 51-000-62-00-5436 02/24/09 413.93 TELEPHONE INVOICE TOTAL: 413.93 6305534349 0109 01/25/09 01 ADMIN-CITY HALL CENTEX 01-110-62-QO-5436 02/24/09 805.15 TELEPHONE 02 POLICE-CITY HALL CENTEX 01-210-62-00-5436 805.15 TELEPHONE 03 WATER OP-CITY HALL CENTEX 51-000-62-00-5436 805.16 TELEPHONE INVOICE TOTAL: 2,415.46 6305536522-0109 01/25/09 01 WATER OP-LIFT STATIONS 51 000-62-00-5436 02/24/09 31.63 TELEPHONE INVOICE TOTAL: 31.63 6305537575 0109 01/25/09 01 ADMIN-CITY HALL FAX 01-110-62-00-5436 02124/09 43.60 TELEPHONE INVOICE TOTAL: 43.60 VENDOR TOTAL: 3,128.76 ATTLONG AT&T LONG DISTANCE 012609-CENSUS 01/26/09 01 ADMIN-MONTHLY LONG DISTANCE 01 110-62-00 5403 02/24/09 6.26 SPECIAL CENSUS INVOICE TOTAL: 6.26 VENDOR TOTAL: 6.26 AWWA AMERICAN WATER WORKS ASSOC 2000689583 02/11/09 01 WATER OP-ANNUAL DUES 51 000-65-00-5804 02/24/09 325.00 OPERATING SUPPLIES INVOICE TOTAL: 325.00 VENDOR TOTAL: 325.00 -2- ]ATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 08:57:47 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT BATTERYS BATTERY SERVICE CORPORATION 183726 01/28/09 01 WATER OP-LG GENERATOR BATTERY 51-000-62-00-5407 00204247 02/24/09 731.80 TREATMENT FACILITIES O&M INVOICE TOTAL: 731.80 183817 01/30/09 01 SEWER OP-TRUCK BATTERIES 52-000-62 00-5409 02/24/09 227.68 MAINTENANCE-VEHICLES INVOICE TOTAL: 227 66 VENDOR TOTAL: 959.48 BCBS BLUE CROSS BLUE SHIELD 011609 01/16/09 01 FINANCE-MARCH HEALTH CARE 01-120-50 00 5203 02/24/09 93,579.35 BENEFITS- HEALTH INSURANCE INVOICE TOTAL: 93,579.35 VENDOR TOTAL: 93,579.35 BKFD BRISTOL KENDALL FIRE DEPART. 013109-DEV 02/01/09 01 TRUST/AGENCY-DEVELOPMENT FEES 95-000-78-00-9010 02/24/09 4,700.00 BKFD DEV FEE PAYMENTS INVOICE TOTAL: 4,700.00 VENDOR TOTAL: 4,700.00 CARGILL CARGILL, INC 2453742 02/04/09 01 WATER OP-BULK SALT 51 000-62-00 5407 00204013 02/24/09 2,551.37 TREATMENT FACILITIES OEM INVOICE TOTAL: 2,551.37 VENDOR TOTAL: 2,551.37 CIVIL CIVIL & ENVIRONMENTAL 52012 01/22/09 01 ARO-IEPA - GRAINCO BROWNFILED 01 000-13-00-1372 02/24/09 815.00 A/R- OTHER INVOICE TOTAL: 615.00 VENDOR TOTAL: 815.00 -3- ]ATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 4 LIME: 08:57:47 DETAIL BOARD REPORT CD: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------ - --------------- --------------------------_---------------- ---------- -----------• --------------------------- 'OMDIR COMMUNICATIONS DIRECT INC IN97850 02/05/09 01 POLICE-PLASTIC HOLDER WITH 01-210-62-00-5408 02/24/09 23.92 MAINTENANCE - EQUIPMENT 02 BELT CLIP ** COMMENT ** INVOICE TOTAL: 23.92 IN97B87 01/30/09 01 POLICE-PORTABLE RADIO BATTERY 01-210-62 00-5408 02/24/09 65.00 MAINTENANCE EQUIPMENT INVOICE TOTAL: 65.00 SRS6525 01/30/09 01 POLICE-REPLACE SCREW & REMOUNT 01-210-62-00-5409 02/24/09 44.75 MAINTENANCE - VEHICLES 02 MONITOR ** COMMENT ** INVOICE TOTAL: 44.75 VENDOR TOTAL: 133.67 ZOMED COMMONWEALTH EDISON 0185079109-0209 02/04/09 01 WATER OP-420 FAIRHAVEN DR. 51 000-62-00-5435 02/24/09 182.58 ELECTRICITY INVOICE TOTAL: 182.58 0435113116-0209 02/05/09 01 STREETS-LIGHTS 01-410-62-00-5435 02/24/09 141.44 ELECTRICITY INVOICE TOTAL: 141.44 09030-40077-0209 01/31/08 01 STREETS-LIGHTS 01-410-62-00-5435 02/24/09 5,801.09 ELECTRICITY INVOICE TOTAL: 5,801.09 0908014004-0209 02/04/09 01 WATER OP-WELLS 51-000-62-00-5435 02/24/09 154.68 ELECTRICITY INVOICE TOTAL: 154.68 0966038077 0209 02/03/09 01 STREETS-LIGHTS 01-410-62-00-5435 02/24/09 144.06 ELECTRICITY INVOICE TOTAL: 144.06 -4- DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 08:57:47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT -OMED COMMONWEALTH EDISON 1407125045-0209 02/06/09 01 SEWER OP-FOX 7 LIFT 52-000-62-00 5435 02/24/09 104.08 ELECTRICITY INVOICE TOTAL: 104.08 20190-99044-0209 02/07/09 01 WATER OP-WELLS 51-000-62-00-5435 02/24/09 118.34 ELECTRICITY INVOICE TOTAL: 118.34 2668047007-0209 02/02/09 01 SEWER OP-1908 RAINTREE RD 52-000-62-00-5435 02/24/09 451.64 ELECTRICITY INVOICE TOTAL: 451.64 2712062034-0209 02/03/09 01 SEWER OP PW BUILDINGS 52 000-62-00-5435 02/24/09 20.31 ELECTRICITY INVOICE TOTAL: 20.31 4085080033-0209 02/05/09 01 WATER OP-1991 CANNONBALL TRAIL 51-000-62 -00 5435 02/24/09 417.29 ELECTRICITY INVOICE TOTAL: 417.29 44490-87016-0209 02/07/09 01 SEWER OP-LIFT STATIONS 52-000-62-00-5435 02/24/09 1,723.14 ELECTRICITY INVOICE TOTAL: 1,723.14 4475093053-0209 02/04/09 01 WATER OP-610 TOWER LANE 51-000-62-00-5435 02/24/09 364.61 ELECTRICITY INVOICE TOTAL: 364.61 6450108000-0209 02/04/09 01 SEWER OP-PW BUILDINGS 52-000-62-00-5435 02/24/09 42.36 ELECTRICITY INVOICE TOTAL: 42.36 68190-27011-0209 02/06/09 01 STREETS-PR BUILDINGS 01-410-62-00-5435 02/24/09 1,023.97 ELECTRICITY INVOICE TOTAL: 1, 023.97 -5- SATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 6 DIME: 08:57:47 DETAIL HOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT �70MED COMMONWEALTH EDISON 7227069068-0209 02/03/09 01 SEWER OP-PW BUILDING 52-000-52-00-5435 02/24/09 20.31 ELECTRICITY INVOICE TOTAL: 20.31 7925170017-0209 02/03/09 01 SEWER OP PW 13UILDINGS 52-000-62-00-5435 02/24/09 42.27 ELECTRICITY INVOICE TOTAL: 42.27 8949073025-0209 02/03/09 01 SEWER OP-PW BUILDINGS 52-000 62-00-5435 02/24/09 20.31 ELECTRICITY INVOICE TOTAL: 20.31 VENDOR TOTAL: 10,772.48 DAVEAUTO DAVID L CHELSEN 14398 02/05/09 01 POLICE-TRANS KIT, CARBURETOR, 01-210 62-00-5409 02/24/09 457.00 MAINTENANCE - VEHICLES 02 OIL CHANGE, REAR BRAKE PADS ** COMMENT ** INVOICE TOTAL: 457.00 14407 02/09/09 01 POLICE TIRE, BALL JOINT, FLUID 01-210-62-00-5409 02/24/09 305.00 MAINTENANCE - VEHICLES 02 CHECK ** COMMENT ** INVOICE TOTAL: 305.00 14413 02109/09 01 POLICE-BREAK PADS, OIL CHANGE 01-210-62-00-5409 02/24/09 317.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 317.00 VENDOR TOTAL: 1,079.00 DEPO DEPO COURT REPORTING SVC, INC 13838 01/31/09 01 POLICE-01/21/09 ADMIN 01-210-62-00-5443 02/24/09 175. 00 ADMIN ADJUDICATION CONTRAC -8- DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 7 LIME: 08:57:47 DETAIL BOARD REPORT ID: AP4410(10.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM JENDOR # DATE if DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT -------------------------------------- - --------- ----- ------------------------------ ------------------------------------------------- ]EPO DEPO COURT REPORTING SVC. INC 13838 01/31/09 02 ADJUDICATION HEARING ** COMMENT ** 02/24/09 INVOICE TOTAL: 175.00 13839 01/31/09 01 POLICE-01/28/09 ADMIN 01-210 62-00-5443 02/24/09 175.00 ADMIN ADJUDICATION CONTRAC 02 ADJUDICATION HEARING •* COMMENT ** INVOICE TOTAL: 175.00 VENDOR TOTAL: 350.00 EASYLINK EASYLINK SERVICES CORP. 07638350902 02/02/09 01 POLICE-FAX 01 210-65-00-5804 02/24/09 5.25 OPERATING SUPPLIES INVOICE TOTAL: 5.25 VENDOR TOTAL: 5.25 EXELON EXELON ENERGY 1512926 02/06/09 01 WATER OP-WELLS 3 & 4 51-000 62-00-5435 02/24/09 5, 992.26 ELECTRICITY INVOICE TOTAL: 5,992.26 1512927 02/06/09 01 SEWER OP-WELLS/420 52-000 62-00-5435 02/24/09 1, 178.89 ELECTRICITY 02 FAIRHAVEN ** COMMENT ** INVOICE TOTAL: 1, 178.89 1512928 02/06/09 01 WATER OP-2923. BRISTOL RIDGE 51-000-62-00-5435 02/24/09 11. 693.36 ELECTRICITY INVOICE TOTAL: 11,693.36 VENDOR TOTAL: 18,664.51 FARREN FARREN HEATING & COOLING 6326 01/27/09 01 STREETS-REPAIR HEAT AT BEECHER 01-410-62-00-5416 02/24/09 1,937.66 MAINTENANCE PROPERTY -7- DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 08:57:47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT 9 P.O. # DUE DATE ITEM AMT FARREN FARREN HEATING & COOLING 6326 01/27/09 02 CENTER ** COMMENT ** 02/24/09 INVOICE TOTAL: 1, 937.66 VENDOR TOTAL: 1,937.66 FIRSTNON FIRST NONPROFIT UNEMPLOYEMENT 122719N-06-4Q/09-1Q 01/31/09 01 FINANCE-2008 4TH QUARTER & 01-120-50 00-5202 02/24/09 7,892.50 BENEFITS- UNEMPLOY. COMP. 02 2009 1ST QUARTER UNEMPLOYMENT ** COMMENT ** 03 INSURANCE ** COMMENT ** INVOICE TOTAL: 7,892.50 VENDOR TOTAL: 7,892.50 BALLS GALL'S INC. 5964714000025 02/05/09 01 POLICE-PATROL BOOTS 01-210 62-00-5421 02/24/09 214.87 WEARING APPAREL INVOICE TOTAL: 214.87 VENDOR TOTAL: 214 .87 GARDKOCH GARDINER KOCH & WEISBERG H-1845C-63733 01/09/09 01 ADMIN-LAY-COM MATTERS 01-110-61-00-5300 02/24/09 8,326.53 LEGAL SERVICES INVOICE TOTAL: 8,326.53 H-1847C-63730 01/09/09 01 ADMIN-GENERAL LEGAL MATTERS 01-110 61 00-5300 02/24/09 1, 973.33 LEGAL SERVICES INVOICE TOTAL: 1, 973.33 H-1848C 63731 01/09/09 01 ADMIN-HAMMAN MATTERS 01-110-61-00-5300 02/24/09 1,428.50 LEGAL SERVICES INVOICE TOTAL: 1,428.50 H-1852C-63917 01/10/09 01 ADMIN-OCEAN ATLANTIC MATTERS 01-110-61-00-5300 02/24/09 249.00 LEGAL SERVICES INVOICE TOTAL: 249.00 -8- ')ATE. 02/17/09 UNITED CITY OF YORKVILLE PAGE: 9 DIME: 08:57:47 DETAIL BOARD REPORT [D: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT :;ARDKOCH GARDINER KOCH & WEISBERG H-1961C-63729 01/09/09 01 ARO-KENDALL MARKETPLACE 01-000-13-00-1372 02/24/09 90.00 A/R- OTHER INVOICE TOTAL: 90.00 H-1974C-63916 01/10/09 01 ADMIN-IEPA MATTERS 01 110-61-00-5300 02/24/09 2,573.90 LEGAL SERVICES INVOICE TOTAL: 2,573.90 H-2013C-63732 01/09/09 01 AR-LANDFILL LEGAL 01-000-13 00 1375 02/24/09 755.01 A/R- LANDFILL INVOICE TOTAL: 755.01 H-2028C-63726 01/09/09 01 AR LANDFILL LEGAL 01 000 13-00-1375 02/24/09 262.50 A/R- LANDFILL INVOICE TOTAL: 262.50 H 2O3OC-63725 01109109 01 ADMIN-ASPEN RIDGE MATTERS 01-110-61-00 5300 02/24/09 1,260.49 LEGAL SERVICES INVOICE TOTAL: 1,260.49 H-2101C-63735 01/09/09 01 ADMIN-PRICE MATTERS 01-110-61-00 5300 02/24/09 4, 117.50 LEGAL SERVICES INVOICE TOTAL: 4,117.50 VENDOR TOTAL: 21,036.76 3JOVIKCH GJOVIK CHEVROLET CVCS153040 01/30/09 01 POLICE-REPLACE FRONT BRAKE 01 210-62-00-5409 02/24/09 365.94 MAINTENANCE - VEHICLES 02 PADS AND ROTORS ** COMMENT ** INVOICE TOTAL: 365.94 CVCS153117 02/05/09 01 POLICE-BRAKES, TRANSMISSION 01-210-62-00-5409 02/24/09 103.52 MAINTENANCE - VEHICLES _9 DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 08:57:48 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE, # INVOICE ITEM JENDOR # DATE # DESCRIPTION ACCOUNT # F.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------- -- ------------------------- -------------- ------ :;JOVIKCH GJOVIK CHEVROLET CVCS153117 02/05/09 02 REPAIRS ** COMMENT ** 02/24/09 INVOICE TOTAL: 103.52 VENDOR TOTAL: 469.46 3RAINCO GRAINCO FS. , INC. 013109-PW 01/31/09 01 WATER OP LP FILL 51 000-65-00-5804 00204249 02/24/09 15.01 OPERATING SUPPLIES 02 WATER OP-FUEL 51-000-65-00-5812 313.77 GASOLINE INVOICE TOTAL: 328.78 VENDOR TOTAL: 328.7B 3REATAME GREATAMERICA LEASING CORP. 8231265 02/04/09 01 FINANCE-COPIER LEASE 01 120-62-00-5412 02/24/09 736.00 MAITENANCE- PHOTOCOPIERS INVOICE TOTAL: 736.00 VENDOR TOTAL: 736.00 ]AAKEL LAURA HAAKE 020309 02/03/09 01 COMM/DEV-IPRA CONFERENCE MEAL 01-220 64-00-5604 02/24/09 15.00 TRAINING & CONFERENCES 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 15.00 VENDOR TOTAL: 15.00 HACH HACH COMPANY 6080386 01/23/09 01 WATER OP-CHEMICALS 51-000-62 00-5407 02/24/09 457.57 TREATMENT FACILITIES O&M INVOICE TOTAL: 457.57 VENDOR TOTAL: 457.57 -tn- )ATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 11 LIME: 08:57:48 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM JENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT --------------------- ------------- --------------------------_.--.--_ --------------------------- ------------------ ------------------- IDSUPPLY HD SUPPLY WATERWORKS, LTD. 8348251 01/30/09 01 WATER OP-METERS 51-000-75-00-7508 00204014 02/24/09 2,098.00 METERS & PARTS INVOICE TOTAL: 2,098.00 8484260 01/23/09 01 WATER OP-FIX MIXERS 51-000-75-00 7508 00204012 02/24/09 0.04 METERS & PARTS INVOICE TOTAL: 0.04 8486591 01/22/09 01 WATER OP-METERS 51-000-75-00-7508 00204012 02/24/09 1, 152.84 METERS & PARTS INVOICE TOTAL: 1,152.84 VENDOR TOTAL: 3,250.88 4ENNED DURK HENNE 011609 01/16/09 01 STREETS TOLL REIMBURSEMENT 01-410-65 00 5804 02/24/09 3.00 OPERATING SUPPLIES INVOICE TOTAL: 3.00 VENDOR TOTAL: 3.00 CCCI INTERNATIONAL CODES 20090208 02/11/09 01 ADMIN-JAN. & FEB. PERMITS 01 110-61-00-5314 02/24/09 859.60 BUILDING INSPECTIONS INVOICE TOTAL: 859.60 VENDOR TOTAL: 859.60 ICE ICE MOUNTAIN 09AB105151347 02/04/09 01 POLICE-WATER 01 210 65-00-5804 02/24/09 46.84 OPERATING SUPPLIES INVOICE TOTAL: 46.84 VENDOR TOTAL: 46.84 ILLEPA ILLINOIS ENVIRONMENTAL -11- 7ATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 12 LIME: 08:57:48 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM IENDOR # DATE # DESCRIPTION ACCOUNT 9 P.O. # DUE DATE ITEM AMT CLLEPA ILLINOIS ENVIRONMENTAL 19-012509 01/25/09 01 SEWER OP-PRINCIPAL & INTEREST 52-200-66-00-6055 02/24/09 53,525.35 IEPA LOAN L17-115300 P&I P 02 PAYMENT ** COMMENT ** INVOICE TOTAL: 53, 525.35 VENDOR TOTAL: 53,525.35 CLTACTIC ILLINOIS TACTICAL OFFICERS 021009 02/10/09 01 POLICE-2 MEMBERSHIP RENEWALS 01-210-64 00-5600 02/24/09 80.00 DUES INVOICE TOTAL: 80.00 VENDOR TOTAL: 80.00 LPELRA IPELRA SECRETARIAT 020209 02/02/09 01 POLICE-CONFERENCE REGISTRATION 01-210-64-00-5604 02/24/09 360.00 TRAINING & CONFERENCE 02 FOR 2 EMPLOYEES ** COMMENT ** INVOICE TOTAL: 360.00 VENDOR TOTAL: 360.00 ISHOES J'S SHOE REPAIR 0427-5 01/29/09 01 SEWER OP-BOOTS 52 000-62-00-5421 00203683 02/24/09 158.00 WEARING APPAREL INVOICE TOTAL: 158.00 VENDOR TOTAL: 158.00 JULIE JULIE, INC. 01-09-1759 01/31/09 01 WATER OP-LOCATES 51-000-61-00-5303 02/24/09 69.70 JULIE SERVICE INVOICE TOTAL: 69.70 VENDOR TOTAL: 69.70 -12- ]ATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 08:57:48 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------ -- ---------------------- KCACP KENDALL COUNTY ASSOCIATION 0986 01/09/09 01 POLICE-INSTALLATION DINNER 01-210-64-00 5605 02/24/09 50.00 TRAVEL EXPENSES INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 KCRECORD KENDALL COUNTY RECORD 90-013109 01/31/09 01 ARO-SACWIRELESS, STAGECOACH 01-000-13-00-1372 02/24/09 80.40 A/R- OTHER 02 CROSSING ** COMMENT ** INVOICE TOTAL: 80.40 VENDOR TOTAL: 80.40 KENPRINT ANNETTE M. POWELL 16819 02/03/09 01 POLICE-500 BUSINESS CARDS 01-210-65 00 5804 02/24/09 44.00 OPERATING SUPPLIES INVOICE TOTAL: 44 .00 16828 02/06/09 01 POLICE-NOTARY STAMP 01-210-65- 00-5804 02/24/09 27.90 OPERATING SUPPLIES INVOICE TOTAL: 27.90 16831 02/09/09 01 FINANCE-2,500 PAYROLL 01 120-65-00-5802 02/24/09 149.75 OFFICE SUPPLIES 02 ENVELOPES ** COMMENT ** INVOICE TOTAL: 149.75 VENDOR TOTAL: 221.65 KONICAMI KONICA MINOLTA BUSINESS 211700126 01/30/09 01 WATER OP-COPY CHARGES 51-000-65-00-5809 02/24/09 7.47 PRINTING & COPYING 02 POLICE-COPY CHARGES 01-210-65 00-5809 13.73 PRINTING & COPYING INVOICE TOTAL: 21.20 -13- ]ATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 14 LIME: 08:57:46 DETAIL BOARD REPORT IU: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM JENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------ ------- - ---- -- ----------------------------------------------------------------• ------------------------------------ ----------- ,ONICAMI KONICA MINOLTA BUSINESS 21,1700127 01/30/08 01 ADMIN-COPY CHARGES 01-110-65-00-5809 02/24/09 259.74 PRINTING & COPYING 02 ENG-COPY CHARGES 01-150-65-00-5809 70.61 PRINTING & COPYING 03 COMM/DEV-COPY CHARGES 01-220-65-00-5809 70.60 PRINTING & COPYING INVOICE TOTAL: 400.95 211700128-PD 01/30/09 01 POLICE-COPY CHARGES 01-210-65 00-5809 02/24/09 59.36 PRINTING & COPYING INVOICE TOTAL: 59.36 VENDOR TOTAL: 481.51 LANDM LANDMARK FORD INC 127896 01/26/09 01 PD CAPITAL-2009 CROWN VICTORIA 20-000-75-00-7005 00304394 02/24/09 21,354 .00 VEHICLES INVOICE TOTAL: 21,354.00 VENDOR TOTAL: 21,354.00 HCKIRGN RANDY MCKIRGAN 021009 02/10/09 01 STREETS-JAN. FUEL 01-410-65-00-5812 00204248 02/24/09 2, 090.32 GASOLINE 02 WATER OP-JAN. FUEL 51-000-65-00-5612 2,090.32 GASOLINE 03 SEWER OP-JAN. FUEL 52 ,000-65-00-5612 2,090.31 GASOLINE INVOICE TOTAL: 6,270.95 VENDOR TOTAL: 6,270.95 NENLAND MENARDS - YORKVILLE 87789 01/26/09 01 SEWER OP-BULBS 52-000-65-00-5805 02/24/09 108.00 SHOP SUPPLIES INVOICE TOTAL: 108.00 -14- DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 08:57:48 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM JENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------ -- ---------------------------------------------------------------------------- MENLAND MENARDS - YORKVILLE 87798 01/26/09 01 WATER OP-SQUARE, DRILL BIT SET 51-000-65-00-5804 02/24/09 8.63 OPERATING SUPPLIES 02 SCREWS ** COMMENT ** INVOICE TOTAL: 8.63 87933 01/27/09 01 POLICE-LIGHT BULBS 01-210-65-00 5804 02/24/09 24.80 OPERATING SUPPLIES INVOICE TOTAL: 24.80 88111 01/28/09 01 STREETS-STOP NUTS, DRILL 01-410-62-00-5416 02/24/09 5.18 MAINTENANCE PROPERTY 02 BIT SET *+ COMMENT ** INVOICE TOTAL: 5.18 88143 01/26/09 01 POLICE BROOM, EPDXY 01-210-65 00-5804 02/24/09 10.46 OPERATING SUPPLIES INVOICE TOTAL: 10.46 88248 01/29/09 01 SEWER OP-NOZZLE, DRYWALL 52-000 65 00-5805 02/24/09 9.68 SHOP SUPPLIES 02 SPONGE ** COMMENT ** INVOICE TOTAL: 9.88 89110 02/03/09 01 POLICE-WINDSHIELD WASHER 01 =210-65-00-5804 02/24/09 9.84 OPERATING SUPPLIES INVOICE TOTAL: 9.84 89259 02/04/09 01 PW CAPITAL-CONDUIT, COUPLERS, 21-000-75-00 7130 02/24/09 25.09 FACILITY EXPANSION 02 ROLLERS, CONNECTORS COMMENT ** INVOICE TOTAL: 25.09 89313 02/04/09 01 ENG-VICKS STEAM VAPORIZE 01-150-65-00 5802 02/24/09 12.99 OFFICE SUPPLIES INVOICE TOTAL: 12.99 -15- )ATE. 02/17/09 UNITED CITY OF YORKVILLE PAGE: 16 'IME: 08:57:48 DETAIL BOARD REPORT .D: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM 1ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------- -------------------- - ------------------------------------------------------------- 1ENLAND MENARDS YORKVILLE 89318 02/04/08 01 WATER OP-BRASS REDUCER 51-000-65-00-5804 02/24/09 2.09 OPERATING SUPPLIES INVOICE TOTAL: 2.09 89326 02/04/09 01 SEWER OP-OIL DRY 52-000-65-00-5805 02/24/09 4.98 SHOP SUPPLIES INVOICE TOTAL: 4.98 89329 02/04/09 01 WATER OP-FLARE 51-000-65-00-5804 02/24/09 1.69 OPERATING SUPPLIES INVOICE TOTAL: 1.69 89437 02/05/09 01 ENG-WATER, EXTENSION CORD 01 150-65-00-5802 02/24/09 2.94 OFFICE SUPPLIES INVOICE TOTAL: 2.94 89492 02/05/09 01 PW CAPITAL-PINE RANCH CASE, 21 000-75-00-7130 02/24/09 85.35 FACILITY EXPANSION 02 CASING & BASE ** COMMENT ** INVOICE TOTAL: 85.35 89678 02/06/09 01 ENG-BATTERIES, GLUE 01-150-65-00-5801 02/24/09 13.18 ENGINEERING SUPPLIES INVOICE TOTAL: 13.16 VENDOR TOTAL: 325.10 4JELECT MJ ELECTRICAL SUPPLY, INC. 104220-00 01/29/09 01 STREETS-RETURN CREDIT 01-410-62 00-5416 02/24/09 -29.00 MAINTENANCE PROPERTY INVOICE TOTAL: -29.00 1105595-00 01/07/09 01 WATER OP-THERMAL CUT OFF 51-000-65-00-5804 02/24/09 5.00 OPERATING SUPPLIES INVOICE TOTAL,: 5.00 -.16- DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 17 LIME: 08:57:48 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM JENDOR # DATE # DESCRIPTION ACCOUNT # P.O_ # DUE DATE ITEM AMT 4JELECT MJ ELECTRICAL SUPPLY, INC. 1105756-01 01/25/09 01 STREETS-BULBS 01-410-62-00-5416 02/24/09 87.50 MAINTENANCE PROPERTY INVOICE TOTAL: 87.50 1105857-00 01/21/09 01 WATER OP-FUSIBLE LINK 51-000-65-00-5804 02/24/09 10.00 OPERATING SUPPLIES INVOICE TOTAL: 10.00 1106037-00 01/28/09 01 STREETS-LIGHTS, BULBS 01-410-62-00-5416 02/24/09 121.60 MAINTENANCE PROPERTY INVOICE TOTAL: 121.60 VENDOR TOTAL: 195.10 40ONBEAM DIANE GIANNELLI OAKLEY 77 01/28/09 01 COMM/RELATIONS-VIDEO TAPING 01-130-62 00-5401 02/24/09 100.00 CONTRACTUAL SERVICES INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 MORTON MORTON SALT 779873 01/27/09 01 MFT-BULK SALT 15-000-65-00-5818 00204246 02/24/09 9,610.31 SALT INVOICE TOTAL: 9,610.31 781110 01/28/09 01 MFT BULK SALT 15-000 65-00-5818 00204246 02/24/09 9,459.43 SALT INVOICE TOTAL: 9,459.43 VENDOR TOTAL: 19,069.74 VATVISIN NATIONAL VISION CONSULTANTS 020609 02/06/09 01 POLICE-VISION CONSULTING 01-210-64-00-5607 02/24/09 750.00 POLICE COMMISSION -17- ]ATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE. 18 TIME: 08:57:48 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. it DUE DATE ITEM AMT ---------------- -- ------------------------------- -- - - - - ------------------------------------------------------------------------- - - - VATVISIN NATIONAL VISION CONSULTANTS 020609 02/06/09 02 CONTRACT RENEWAL ** COMMENT ** 02/24/09 INVOICE TOTAL: 750.00 VENDOR TOTAL: 750.00 VCI NORTHWEST COLLECTORS INC 093008 09/30/08 01 WATER OP-COMM. ON COLLECTIONS 51-000-62-00-5401 02/24/09 267.04 CONTRACTUAL SERVICES INVOICE TOTAL: 267.04 VENDOR TOTAL: 267.04 VICOR NICOR GAS 15-41-50-1000 6-0209 02/05/09 01 ADMIN-804 GAME FARM RD 01-110-78-00-9002 02/24/09 785.86 NICOR GAS INVOICE TOTAL: 785.86 15-64-61-3532 5-0209 02/04/09 01 ADMIN-1991 CANNONBALL TRAIL 01-110-78-00 9002 02/24/09 38. 11 NICOR GAS INVOICE TOTAL: 38.11 20-52-56-2042 1-0209 02106/09 01 ADMIN-420 FAIRHAVEN DR 01-110-78-00 9002 02/24/09 60.96 NICOR GAS INVOICE TOTAL: 60.96 23-45-91-4862 5-0209 02/03/09 01 ADMIN�101 BRUELL STREET 01-110-78-00-9002 02/24/09 66.61 NICOR GAS INVOICE TOTAL: 66.61 31-61-67-2493 1-0209 02/06/09 01 ADMIN 276 WINDHAM CIRCLE 01-110-78-00-9002 02/24/09 23. 10 NICOR GAS INVOICE TOTAL: 23-10 45-12-25-4081 3-0209 01/30/09 01 ADMIN-201 W. HYDRAULIC 01-110-78-00-9002 02/24/09 588.93 NICOR GAS INVOICE TOTAL: 588.93 _1A_ DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 08:57:48 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT NICOR NICOR GAS 46-69-47-6727 1-0209 02/04/09 01 ADMIN-1975 BRIDGE STREET 01-110-78.00-9002 02/24109 50.14 NICOR GAS INVOICE TOTAL: 50.14 49-25-61-1000 5-0209 01/30/09 01 ADMIN-1 VAN EMMON RD 01-110-78-00 9002 02/24/09 209.24 NICOR GAS INVOICE TOTAL: 209.24 66-70-44-6942 9-0209 02/06/09 01 ADMIN-100 RAINTREE RD 01-110-78-00-9002 02/24/09 75.52 NICOR GAS INVOICE TOTAL: 75.52 83-13-42 8369 2-0209 02/04/09 01 ADMIN-1107 PRAIRIE LANE 01-110-78-00-9002 02/24/09 129.86 NICOR GAS INVOICE TOTAL: 129.86 VENDOR TOTAL: 2.028.33 OFFWORK OFFICE WORKS 150729 01/28/09 01 ADMIN-MICRO CASSETTES 01-110-65--00-5602 02/24/09 75.90 OFFICE SUPPLIES INVOICE TOTAL: 75.90 150791 01/29/09 01 ENG-INK CARTRIDGE 01-150-65-00-5802 02/24109 31.99 OFFICE SUPPLIES INVOICE TOTAL: 31 .99 150883 02/01/09 01 ENG-STAPLES 01-150-65-00-5802 02/24/09 5.79 OFFICE SUPPLIES INVOICE TOTAL: 5.79 I147047 11/13/08 01 SEWER OP- HANGING FOLDERS 52-000-65-00-5602 02/24/09 55.99 OFFICE SUPPLIES INVOICE TOTAL: 55.99 VENDOR TOTAL: 169.67 _�g- DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE 20 TIME: 08:57:48 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT OHERROND RAY O'HERRON COMPANY, INC 0902462-IN 01/27/09 01 POLICE-LED LIGHT BAR, ADAPTER 20-000 75-00-7006 00304396 02/24/09 1,506.55 CAR BUILD OUT 02 KIT ** COMMENT ** INVOICE TOTAL: 1,506.55 VENDOR TOTAL: 1, 506.55 OLSONE BART OLSON 020909 02/09/09 01 ADMIN-ELECTION REGISTERED 01-110-65-00 5808 02/24/09 55.85 POSTAGE & SHIPPING 02 LETTERS POSTAGE REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 55.85 VENDOR TOTAL: 55.85 ORRK KATHLEEN FIELD ORR & ASSOC. 12761 02/05/09 01 ADMIN-GENERAL LEGAL MATTERS, 01-110-61-00-5300 02/24/09 10,248.25 LEGAL SERVICES 02 ASPEN RIDGE LITIGATION, ** COMMENT ** 03 ELECTION OBJECTIONS, MEETINGS ** COMMENT ** 04 ARO-GRANDE RESERVE, KENDALL 01-000-13-00-1372 1,646.50 A/R- OTHER 05 MARKETPLACE, KENDALLWOOD ** COMMENT ** 06 ESTATES, LANIOSZ, TUSCAN PLAZA ** COMMENT ** 07 AR-LANDFILL LEGAL 01-000-13-00-1375 138.75 A/R- LANDFILL INVOICE TOTAL: 12,033.50 VENDOR TOTAL: 12,033.50 PARADISE PARADISE CAR WASH 221486 02/01/09 01 POLICE CAR WASHES 01-210-62-00-5409 02/24/09 239. 95 MAINTENANCE - VEHICLES INVOICE TOTAL: 239.95 VENDOR TOTAL: 239.95 -20- )ATE, 02/17/09 UNITED CITY OF YORKVILLE PAGE: 21 "IME: 06:57:48 DETAIL BOARD REPORT ED: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM JENDOR 9 DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT DATTEN PATTEN INDUSTRIES, INC. EM16967 12/31/08 01 SEWER OP-TURBO FOR GENERATOR 52-000-62-00-5422 00203684 02/24/09 3,726.36 LIFT STATION MAINTENANCE 02 AT BRUELL LIFT STATION ** COMMENT ** INVOICE TOTAL: 3,726.36 P53CO108318 01/31/09 01 WATER OP-FILTER, ELEMENT 51 000-62-00-5408 02/24/09 60.03 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 60.03 VENDOR TOTAL: 3,786.39 PFPETT P.F. PETTIBONE & CO. 17005 01/21/09 01 ADMIN-PAPER FOR MINUTE BOOKS 01-110-65-00 5802 02/24/09 64.90 OFFICE SUPPLIES INVOICE TOTAL: 64.90 VENDOR TOTAL: 6490 PROVENAM PROVENA MERCY CENTER 012909 01/2B/09 01 STREETS-DRUG TEST 01.410-75 00-7004 02/24/09 80.00 SAFETY EQUIPMENT INVOICE TOTAL: 80.00 VENDOR TOTAL: 80.00 QUILL QUILL CORPORATION 4287077 01/27/09 01 FINANCE-VERTICAL WIRE FILE 01-120 65-00 5802 02/24/09 10.49 OFFICE SUPPLIES 02 STEP ** COMMENT ** INVOICE TOTAL: 10.49 4430723 02/02/09 01 POLICE-10 BOXES OF LABELS 01 .210-65 00-5802 02/24/09 296. 90 OFFICE SUPPLIES INVOICE TOTAL: 296. 90 -21,. DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 0 8:57:48 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT QUILL QUILL CORPORATION 4503176 02/04/09 01 ADMIN-POST-IT NOTES, POST-IT 01 110-65-00-5802 02/24/09 45.10 OFFICE SUPPLIES 02 FLAGS, MARKERS ** COMMENT ** 03 FINANCE-LABELS 01-120 65 .00-5802 47.69 OFFICE SUPPLIES INVOICE TOTAL; 92.79 4558560 02/06/08 01 ADMIN-CASH RECEIPT BOOK 01-110-65-00 5802 02/24/09 161.50 OFFICE SUPPLIES INVOICE TOTAL: 181.50 4568933 02/06/09 01 FINANCE-FILE POCKETS 01-120-65-00 5802 02/24/09 5.56 OFFICE SUPPLIES INVOICE TOTAL: 5.56 4573013 02/06/09 01 FINANCE FILE POCKETS 01 120-65-00-5602 02124/09 5.56 OFFICE SUPPLIES INVOICE TOTAL: 5.56 VENDOR TOTAL: 592.80 R0000594 BRIAN BETZWISER 020409 02/04/09 01 PW CAPITAL-WOLF STREET PAYMENT 21-000-75-00-7130 02/24/09 6,857.92 FACILITY EXPANSION INVOICE TOTAL: 6,857.92 VENDOR TOTAL: 6,857.92 80000627 GEORGE STARE 010709A-A 01/27/09 01 ADMIN-MILEAGE REIMBURSEMENT 01-110-62-00 5402 02/24/09 47.39 SPECIAL CENSUS MILEAGE INVOICE TOTAL: 47.39 VENDOR TOTAL: 47.39 RWTROXEL R.W. TROXELL & COMPANY -22- DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 08:57:48 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT RWTROXEL R.W. TROXELL & COMPANY 940542 01/26/09 01 FINANCE-INSURANCE RENEWAL FOR 01 120-62-00-5400 02/24/09 6. 999.00 INSURANCE- LIABILITY & PRO 02 BOILER & MACHINERY ** COMMENT ** INVOICE TOTAL: 6,999.00 VENDOR TOTAL: 6, 999.00 SAFESUPP SAFETY SUPPLY ILLINOIS 1159210-01 01/27/09 01 SEWER OP-XTX MONITOR 52-000-75-00 7004 02/24/09 359.42 SAFETY EQUIPMENT INVOICE TOTAL: 359.42 VENDOR TOTAL: 359.42 SECGROUP SEC GROUP, INC. 355694 01/26/09 01 ARO-YORKVILLE`S INTEGRATED 01-000-13-00-1372 02/24/09 3,862.80 A/R- OTHER 02 TRANSPORTATION PLAN ** COMMENT ** 03 COMM/DEV-YORKVILLE'S 01-220-62-00-5401 429.20 CONTRACTUAL SERVICES 04 INTEGRATED TRANSPORT PLAN ** COMMENT ** INVOICE TOTAL: 4,292.00 VENDOR TOTAL: 4,292.00 SERVMASC SERVICSMASTER COMM. CLEANING 141201 01/31/09 01 ADMIN-20 HOURS ADDITIONAL 01-110-62-00-5406 02/24/09 440.00 OFFICE CLEANING 02 CITY OFFICE CLEANING ** COMMENT ** INVOICE TOTAL: 440.00 VENDOR TOTAL: 440.00 SHREDIT SHRED-IT 021314147 01/27/09 01 ADMIN-MONTHLY SHREDDING 01-110-62-00-5401 02/24/09 339.00 CONTRACTUAL SERVICES INVOICE TOTAL: 139.00 -23- DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 24 DIME: 06:57:49 DETAIL BOARD REPORT ID. AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SHREDIT SHRED-IT 021314146 02/10/09 01 ADMIN-MONTHLY SHREDDING 01-110-62-00-5401 02/24/09 136.00 CONTRACTUAL SERVICES INVOICE TOTAL: 136.00 VENDOR TOTAL: 275.00 SKC SKC CONSTRUCTION, INC 2(FINAL)012709 01/27/09 01 MFT-2008 JOINT & CRACK FILLING I5-000-75-00-7008 02/24/09 2,637. 36 CRACK FILLING INVOICE TOTAL: 2,637.36 VENDOR TOTAL: 2,637.36 SOSTECH SOS TECHNOLOGIES 27305 02/04/09 01 STREETS-WALL MOUNT AED 01-410-62 00-5416 02/24/09 192.15 MAINTENANCE PROPERTY 02 SECURITY CABINET ** COMMENT ** INVOICE TOTAL: 192.15 VENDOR TOTAL: 192.15 STERLING STERLING CODIFIERS, INC. 8861 01/23/09 01 ADMIN-CODIFYING ORDINANCES 01-110 61-00-5311 02/24/09 7,089.00 CODIFICATION 02 1#2008-25 THROUGH 2008-91 ** COMMENT ** INVOTCE TOTAL: 7,089.00 VENDOR TOTAL: 7,089.00 STILLS STILLS & SON INC. 2386 01/30/09 01 SEWER OP-REPLACED THROTTLE 52-000-62-00-5409 02/24/09 377.32 MAXNTENANCE-VEHICLES INVOICE TOTAL: 377.12 VENDOR TOTAL: 377.32 -24- DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 08:57:49 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR 4 DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ----------------------------------- ------------------------------- ------------------------------------------------------------- --- STREICH STREICHERS I593689 01/30/09 01 POLICS-SHOES, BOOTS 01-210-62-00-5421 02/24109 138.99 WEARING APPAREL INVOICE TOTAL: 138.99 VENDOR TOTAL: 138.99 SUBURBAN SUBURBAN CHICAGO NEWSPAPERS AD 020909 02/09/09 01 ADMIN-SUBSCRIPTION RENEWAL 01-110-64-00-5603 02/24/09 91.00 SUBSCRIPTIONS INVOICE TOTAL: 91.00 VENDOR TOTAL: 91 .00 TAPCO TAPCO 312030 02/03/09 01 MFT-SIGN 15-000-75-00-7007 02/24/09 57.63 SIGNS INVOICE TOTAL: 57.63 VENDOR TOTAL: 57.63 TRIRIVER TRI-RIVER POLICE TRAINING 2864 01/29/09 01 POLICE-BREATH ALCOHOL 01 210-64-00-5604 02/24/09 120.00 TRAINING & CONFERENCE 02 TRAINING - 2 EMPLOYEES ** COMMENT ** INVOICE TOTAL: 120.00 VENDOR TOTAL: 120.00 TUFFY TUFFY AUTO SERVICE CENTER 9265 02/03/09 01 POLICE-OIL CHANGE 01-210-62-00-5409 02/24/09 29.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 29.95 VENDOR TOTAL: 29.95 UNIQUEPR UNIQUE PRODUCTS & SERVICE -25- DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 08:57:49 DETAIL HOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT UNIQUEPR UNIQUE PRODUCTS & SERVICE 185262 02/03/09 01 SEWER OP-PAPER TOWEL 52-000-65-00-5805 02/24/09 67.64 SHOP SUPPLIES INVOICE TOTAL: 67.84 VENDOR TOTAL: 67.84 UPS UNITED PARCEL SERVICE 00004296X2049 01/24/09 01 FINANCE-1 PACKAGE - BANK OF 01 120-65-00-5808 02/24/09 28.96 POSTAGE & SHIPPING 02 NEW YORK ** COMMENT ** INVOICE TOTAL: 28.96 00004296X2059 01/31/09 01 WATER OP-3 PACKAGES - IL. EPA, 51-000-65-00-5808 02/24/09 70.24 POSTAGE & SHIPPING 02 ADMIN-1 PACKAGE - KATHY ORR 01-110-65-00-5808 41.49 POSTAGE & SHIPPING 03 FINANCE-1 PACKAGE - IEPA 01-120-65-00-5808 31.76 POSTAGE & SHIPPING 04 SES, FLEET SAFETY SUPPLY ** COMMENT ** INVOICE TOTAL: 143.49 VENDOR TOTAL: 172.45 VEOLIA VEOLIA ES SOLID WASTE MIDWEST T0359791 01/25/09 01 HEALTH & SANITATION-MONTHLY 01-540-62-00-5442 02/24/09 93,255.47 GARBAGE SERVICES 02 SERVICE ** COMMENT ** INVOICE TOTAL: 93,255.47 VENDOR TOTAL: 93,255.47 VISA VISA 012309-PD 01/23/09 01 POLICE-POLICE COMMISSION MEAL 01-210-64-00-5607 02/24/09 24.88 POLICE COMMISSION -P6- DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 27 TIME. 08:57:49 DETAIL BOARD REPORT ID: AP441000-WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR 0 DATE # DESCRIPTION ACCOUNT # P.O. 4 DUE DATE ITEM AMT --------------------- ----------------------------------------------- -- -- - ----------------------------------------------- ------- VISA VISA 012309-PD 01/23/09 02 POLICE-ANNUAL DUES 01-210-64-00-5600 02/24/09 120.00 DUES 03 POLICE-PSEA SUBSCRIPTION 01-21C 64 00-5603 54.95 SUBSCRIPTIONS 04 RENEWAL ** COMMENT ** 05 POLICE-2 NETWORK SWITCHES 01-210-75-00-7002 54 .97 COMPUTER EQUIP & SOFTWARE 06 POLICE-BIO-FOAM IMPRESSION 01-210-65-00-5804 361.71 OPERATING SUPPLIES 07 KITS, DVD BURNING DEVICE ** COMMENT ** 08 POLICE-4 SETS OF HEADPHONES 01-210-65-00-5802 51.44 OFFICE SUPPLIES 09 POLICE-MEAL EXPENSES FOR 01-210-64-00-5605 99.36 TRAVEL EXPENSES 10 VARIOUS OFFICER TRAININGS ** COMMENT ** 11 POLICE-GAS EXPENSES FOR 01-210-65-00-5612 18.35 GASOLINE 12 OFFICER TRAININGS ** COMMENT ** 13 POLICE-IACP CONFERENCE 01-210-64-00-5604 500.00 TRAINING & CONFERENCE 14 REGISTRATIONS ** COMMENT ** INVOICE TOTAL: 1,285 66 VENDOR TOTAL: 1,285.66 WAREHOUS WAREHOUSE DIRECT 220630-0 01/22/09 01 ADMIN-COPY PAPER 01-110-65 00-5802 00102183 02/24/09 621.30 OFFICE SUPPLIES INVOICE TOTAL: 621 . 30 220633-0 01/27/09 01 ADMIN-COPY PAPER 01-110-65-00 5802 00102183 02/24/09 602.80 OFFICE SUPPLIES INVOICE TOTAL: 602.80 233719-0 02/03/09 01 ADMIN-TOILET TISSUE, PAPER 01-110-65-00-5804 02/24/09 198-96 OPERATING SUPPLIES -27- DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 08:57!49 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT WAREHOUS WAREHOUSE DIRECT 233719- 0 02/03/09 02 TOWELS, GARBAGE BAGS ** COMMENT 02/24/09 INVOICE TOTAL: 198.96 VENDOR TOTAL: 1,423.06 WHOLTIRE WHOLESALE TIRE 127744 01/28/09 01 POLICE-TIRES,TIRE MOUNTING, 01-210-62-00-5409 02/24/09 228.90 MAINTENANCE VEHICLES 02 TIRE STEMS ** COMMENT ** INVOICE TOTALr 228.90 127764 01/29/09 01 REAR BRAKES & PADS 01-210-62-00-5409 02/24/09 118.01 MAINTENANCE VEHICLES INVOICE TOTAL: 118.01 127797 02/02/09 01 POLICE-OIL CHANGE 01-210-62-00-5409 02/24/09 29-95 MAINTENANCE - VEHICLES INVOICE TOTAL: 29.95 127800 02/02/09 01 POLICE-OIL CHANGE 01-210-62-00-5409 02/24/09 29.95 MAINTENANCE VEHICLES INVOICE TOTAL: 29.95 127807 02/02/09 01 POLICE-OIL CHANGE, HEADLIGHT 01-210-62-00 5409 02124/09 42.54 MAINTENANCE - VEHICLES INVOICE TOTAL: 42.54 127813 02/03/09 01 POLICE-OIL CHANGE 01-210-62 00-5409 02/24/09 29.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 29.95 127835 02/03/09 01 POLICE-TIRE REPAIR 01-210-62-00 5409 02/24/09 15.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 15.00 -28- DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 29 LIME: 08:57:49 DETAIL, BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE 4 INVOICE ITEM VENDOR 9 DATE 4 DESCRIPTION ACCOUNT 4 P.O. It DUE DATE ITEM AMT --- -------- -- --- -- -------------------------------------------------------- --- ----- ------------------ ----------------- --------- -„ 4HOLTIRE WHOLESALE TIRE 127906 02/09/09 01 POLICE-HEADLIGHT BULB 01-210-62-00 5409 02/24/09 10.09 MAINTENANCE - VEHICLES INVOICE TOTAL: 10.09 VENDOR TOTAL: 504.39 AILLMAN WILLMAN & GROESCH GENERAL 712 02/06/09 01 POLICE-CABINETS & COUNTER FOR 01 210-62-00-5408 00304398 02/24/09 2, 194.64 MAINTENANCE - EQUIPMENT 02 LIVE SCAN EQUIPMENT ** COMMENT ** INVOICE TOTAL: 2,194.64 VENDOR TOTAL: 2,194.64 WTRPRD WATER PRODUCTS, INC. 0213321 02/04/09 01 WATER OP BAND REPAIR CLAMP 51-000 65-00-5804 02/24/09 264.93 OPERATING SUPPLIES INVOICE TOTAL: 264.93 VENDOR TOTAL: 264 .93 YBSD YORKVILLE BRISTOL 0480-000642656 01/31/09 01 WATER OP-JAN. BIOTRANSPORT 51-000-62 00-5407 02/24/09 3,621.68 TREATMENT FACILITIES O&M 02 TIPPING ** COMMENT ** INVOICE TOTAL: 3,621.6B VENDOR TOTAL: 3, 621.68 YORKAREA YORKVILLE AREA CHAMBER OF 24108 02/03/09 01 COMM/RELATIONS-2009 COMMUNITY 01-130,-64-00 ,5607 00102184 02/24/09 11000.00 PUBLIC RELATIONS 02 RESOURCE GUIDE AD ** COMMENT ** INVOICE TOTAL: 1,000.00 VENDOR TOTAL: 1,000.00 -pg_ DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 30 TIME: 08:57:49 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT YORKCLER YORKVILLE CLERK'S ACCOUNT 125593 02/09/09 01 ARO-NICOR 01-000-13-00-1372 02/24/09 67.00 A/R- OTHER 02 WATER OP-RELEASE OF WATER LIEN 51-000-42.00 4240 49.00 BULK WATER SALES 03 ENG-SIDEWALK EASEMENT GRANT 01-150-62-00°5401 103.00 CONTRACTUAL SERVICES INVOICE TOTAL: 239.00 VENDOR TOTAL: 239.00 YORKGFPC YORKVILLE GENERAL FUND 021109 02/11/09 01 ENG-PLAT RECORDING FEES 01-150-65-00-5609 02/24/09 2B.00 PRINTING & COPYING 02 POLICE-VEHICLE REGISTRATION, 01-210-65-00-5804 78.25 OPERATING SUPPLIES 03 MONEY ORDER FEE ** COMMENT ** 04 WATER OP-POSTAGE 51-000-65-00-5808 11.81 POSTAGE & SHIPPING INVOICE TOTAL: 118.06 VENDOR TOTAL: 118.06 YORKLIBR YORKVILLE PUBLIC LIBRARY 013109-DEVELOP 02/05/09 01 TRUST & AGENCY-NOV. - DEC. 95-000-78-00 9009 02/24/09 4,500.00 LIBRARY DEV FEE PAYMENTS 02 LIBRARY DEVELOPMENT FEE ** COMMENT ** 03 TRANSFER ** COMMENT ** INVOICE TOTAL: 4,500.00 VENDOR TOTAL: 4,500.00 YORKNAPA YORKVILLE NAPA AUTO PARTS 1358363 11/21/08 01 WATER OP-V-BELT 51-000-62 00-5409 02/24/09 6.52 MAINTENANCE-VEHICLES INVOICE TOTAL: 6.52 an- DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 31 TIME: 08:57:49 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P_O. # DUE DATE ITEM AMT YORKNAPA YORKVILLE NAPA AUTO PARTS 858653 11/24/09 01 WATER OP ALTERNATOR, DEPOSIT 51-000-62-00-5409 02/24/09 236.64 MAINTENANCE-VEHICLES INVOICE TOTAL: 236.64 863107 01/05/09 01 POLICE-STEERING WHEEL COVER 01-210-62-00-5409 02/24/09 7.10 MAINTENANCE - VEHICLES INVOICE TOTAL: 7.10 863205 01/05/09 01 SEWER OP-FUEL LINE, FUEL PUMP 52-000 62-00-5408 02/24/09 49.11 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 49.11 863342 01/06/09 01 SEWER OP-FUEL FILTER, FUEL 52-000-62-00 5408 02/24/09 4.67 MAINTENANCE-EQUIPMENT 02 LINE ** COMMENT ** INVOICE TOTAL: 4.67 864241 01/14/09 01 WATER OP-WIPER BLADES 51-000.62-00-5409 02/24/09 17.25 MAINTENANCE-VEHICLES INVOICE TOTAL: 17.25 864572 01/16/09 01 WATER OP-DIESEL ADDITIVE 51-000-62-00-5409 02/24/09 51.27 MAINTENANCE-VEHICLES INVOICE TOTAL: 51.27 865614 01/26/09 01 WATER OP-OIL & AIR FILTERS 51-000-62-00 5409 02/24/09 108.46 MAINTENANCE-VEHICLES INVOICE TOTAL: 108.46 866291 01/31/09 01 POLICE-BULB 01-210 62-00-5409 02/24/09 10.50 MAINTENANCE VEHICLES INVOICE TOTAL: 10.50 VENDOR TOTAL: 491.52 YORKPDPC YORKVILLE POLICE DEPT. _31_ DATE: 02/17/09 UNITED CITY OF YORKVILLE PAGE: 32 TIME: 08:57:49 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O_ # DUE DATE ITEM AMT YORKPDPC YORKVILLE POLICE DEPT, 021009 02/10/09 01 POLICE-MULTI-OFFICER SEARCH 01-210-64-00-5605 02/24/09 100.00 TRAVEL EXPENSES 02 WARRANT CASE MEALS ** COMMENT ** 03 POLICE-LICENSE PLATE FEE, 01-210-65-00-5804 29.44 OPERATING SUPPLIES 04 PROPANE TANK REFILL ** COMMENT ** INVOICE TOTAL: 129.44 VENDOR TOTAL: 129.44 YORKPR YORKVILLE PARK & RECREATION 013109-DEVELOP 02/04/09 01 TRUST & AGENCY-NOV. JAN. 95-000 78-00-9012 02/24/09 500.00 PARKS/REC CAPITAL PAYMENTS 02 DEVELOPMENT FEES ** COMMENT ** INVOICE TOTAL: 500.00 VENDOR TOTAL: 500.00 YORKSCHO YORKVILLE SCHOOL DIST #115 013109-LC 02/04/09 01 TRUST & AGENCY-NOV. - JAN. 95-000-78-00-9011 02/24/09 22,165.78 SCHOOL LAND CASH PMTS 02 LANDCASH ** COMMENT ** INVOICE TOTAL: 22,165.78 VENDOR TOTAL: 22,165.78 YOUNGM MARLYS J. YOUNG 012109 01/28/09 01 ADMIN-01/21/09 MEETING MINUTES 01-110-62 00-5401 02/24/09 60.00 CONTRACTUAL SERVICES INVOICE TOTAL: 60.00 VENDOR TOTAL: 60.00 TOTAL ALL INVOICES: 462, 164.26 -12- UNITED CITY OF YORKVILLE PAYROLL SUMMARY 2/14/2009 REGULAR OVERTIME TOTAL IMRF S. SECURITY TOTALS ADMINISTRATION $18,865.01 $0.00 $18,865.01 $1,546.65 $1,434.29 $21,845.95 FINANCE $10,953.76 $0.00 $10,953.76 $909.16 $821.33 $12,684.25 COMMUNITY REL. $2,764.00 $0.00 $2,764.00 $207.50 $211.45 $3,182.95 ENGINEERING $16,100.39 $0.00 $16,100.39 $1,336.32 $1,221.01 $18,657.72 POLICE $84,252.50 $3,752.61 $88,005.11 $674.81 $6,689.65 $95,369.57 COMMUNITY DEV. $11,628.96 $0.00 $11,628.96 $965.21 $883.87 $13,478.04 STREETS $9,620.94 $0.00 $9,620.94 $798.52 $732.34 $11,151.80 WATER $13,450.93 $0.00 $13,450.93 $1,030.62 $1,021.70 $15,503.25 SEWER $5,992.39 $0.00 $5,992.39 $497.37 $452.29 $6,942.05 PARKS $15,125.01 $0.00 $15,125.01 $1,255.37 $1,157.07 $17,537.45 RECREATION $17,993.92 $0.00 $17,993.92 $1,292.32 $1,375.63 $20,661.87 REC. CENTER $9,887.04 $0.00 $9,887.04 $161.57 $756.34 $10,804.95 LIBRARY 1 $19,561.571 $0.00 $19,561.57 $745.54 $1,496.41 $21,803.52 TOTALS $236,196.42 $3,752.61 $239,949.03 $11,420.96 $18,253.38 $269,623.37 TOTAL PAYROLL 2/14/2009 $269,623.37 TOTAL INVOICES 2/24/2009 $462,164.26 TOTAL DISBURSEMENTS $731,787.63 -33- D Clry Reviewed By: Agenda Item Number J� @ / Legal ❑ "2i �t; ( I EST. _ Baas Finance ❑ Engineer ❑ Tracking Number 0 � � � City Administrator El Consultant ❑ El �kE Agenda Item Summary Memo Title: Ordinance Establishing a Zoning Commission Meeting and Date: City Council—2/24/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached. �•��° CJ;P- Memorandum EST 1836 To: Mayor Burd and City Council From: Travis Miller Iii n` y CC: Brendan McLaughlin 20 Date: February 12, 2009 Subject: Zoning Commission Formulation The Illinois Compiled Statute (1LCS) requires a municipality to formulate a Zoning Commission when a new Zoning Ordinance is being adopted. The current Yorkville Zoning Ordinance was adopted in 1973 and, although the City has amended this document several times over the years, a comprehensive evaluation and update is appropriate in order to ensure this document is appropriately calibrated to serve the needs of the City. (65 1LCS 5111-13-2)(from Ch. 24,par. 11-13-2) Sec. 11-13-2.The corporate authorities in each municipality which desires to exercise the powers conferred by this Division 13,or who have exercised such power and desire to adopt a new ordinance,shall provide for a zoning commission with the duty to recommend the boundaries of districts and appropriate regulations to be enforced therein. The commission shall be appointed by the mayor or president,subject to confirmation by the corporate authorities. The commission shall prepare a tentative report and a proposed zoning ordinance for the entire municipality. After the preparation of such a tentative report and ordinance, the commission shall hold a hearing thereon and shall afford persons interested an opportunity to be heard. Notice of the hearing shall be published at least once,not more than 30 nor less than 15 days before the hearing, in one or more newspapers published in the municipality,or, if no newspaper is published therein, then in one or more newspapers published in the county in which the municipality is located and having a general circulation within the municipality. The notice shall state the time and place of the hearing and the place where copies of the proposed ordinance will be accessible for examination by interested persons.The hearing may be adjourned from time to time. Within 30 days after the final adjournment of the hearing the commission shall make a final report and submit a proposed ordinance for the entire municipality to the corporate authorities.The corporate authorities may enact the ordinance with or without change,or may refer it back to the commission for further consideration.The zoning commission shall cease to exist upon the adoption of a zoning ordinance for the entire municipality. (Source: P.A. 80-452.) Ordinance No. 2009- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, ESTABLISHING A ZONING COMMISSION 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, pursuant to Section 11-13-2 of the Illinois Municipal Code (65 ILCS 511-1-1, et seq.) (the "Municipal Code"), the corporate authorities of a municipality which desires to exercise the powers conferred by Section 11-13-1 of the Municipal Code, or who have exercised such power and desire to adopt a new zoning ordinance, shall appoint for a Zoning Commission with the duty to recommend the boundaries of districts and appropriate regulations to be enforced therein; and, WHEREAS, the Zoning Commission shall be appointed by the Mayor, subject to confirmation by the corporate authorities; and, WHEREAS, the Mayor and City Council now deem it necessary to establish a Zoning Commission comprised of seven (7) members in order to promote the health, safety, and welfare of the City's residents; and, WHEREAS, the Zoning Commission shall prepare a tentative report and a new proposed zoning ordinance for the City, and shall hold a hearing, after due notice is given, regarding the report and proposed zoning ordinance, and afford all interested persons an opportunity to be heard. 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 Corporate Authorities hereby authorize the organization of a Zoning Commission comprised of seven (7) members which shall have the duty to recommend the boundaries of districts and appropriate regulations to be enforced therein. Section 3. 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 2 C�T� Reviewed By: Agenda Item Number O -1% Legal ❑ u 9 a E5T. ,r � ` 1836 Finance ❑ ''•" - Engineer ❑ Tracking Number City Administrator ❑ ❑ltant Consultant �c Agenda Item Summary Memo Title: Zoning Commission Appointments Meeting and Date: City Council / FEBRUARY 24, 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 D C►ry Memorandum 0 1836 EST. To: Mayor Burd and City Council � �� _ _ From: Travis Miller a �I '�„ ` CC: Brendan McLaughlin �p aa5ca �O Date: February 12, 2004 Subject: Zoning Commission Appointments The following appointments have been made by Mayor Burd for the Zoning Commission subject to City Council confirmation: Member Affiliation Mike Crouch(Chair) Plan Commission Jeff Baker Zoning Board of Appeals Greg Millen Chamber of Commerce/Business Owner Ralph Pfister Yorkville-Bristol Sanitary District Gary Neyer Residential Developer/Builder Phil Haugan Banker/Financial Pete Huinker Engineer Application forms submitted by each appointment are attached for your review and reference. CC F)u�b a/ao/aq,�, Date Received cAnitialls 1� United City of Yorkville Commission & Committee Application To be considered for a commission or committee, please complete this application and return to the Deputy Clerk at: United City of Yorkville * 800 Game Farm Road * Yorkville, Illinois 60560 630 1 553-4350 * 4fax: 6301553-7575 Name Address C)L, L- S� _ Phone: Home('-Oko "S�� 1 ��— CELL Please indicate the Commission/Committee(s) that you would like to participate on: [] Fagade Program Committee [ ] Plan Commission �X� J'--10Mt rn rn u - o [ ] Fire and Police Commission [ ] Park Board 1 [ ] Human Resources Commission [ ] Zoning Board of Appeals [ ] Library Board [ ] Yorkville Green Committee The following questions help in selection of committee members. 9. Indicate your experience (personal and/or work) that will help you in serving the residents of the United City of Yorkville. 1 oC S S C�O0L aAc C-L-c— 1 S 1 �K 2. Why do you want to serve on a Commission/Committee for the United City of Yorkville? `DEL TA� b'� -T41E ?LWJ 10Q Thank you for your interest in being a part of the development of the United City of Yorkville! It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring, and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act and all State Civil Rights Legislation. 1 understand that as part of the process of being considered, it is the City's policy to perform a cursory background investigation on anyone being considered for appointment to one of the commissions or committees. �t"z - a - ,;Io- oi Signature of Applicant Date Date Receive&:' 6 Initials Xk) United City of Yorkville Commission & Committee Application To be considered for a commission or committee, please complete this application and return to the Deputy Clerk at: United City of Yorkville * 800 Game Farm Road * Yorkville, Illinois 60560 6301553-4350 * fax: 630/553-7575 Name - Jg Address -:Sa Phone: Home .fs--�? /Sao Work S-5 3 011- 15V Fax Please indicate the Commission/Committee(s) that you would like to participate on: [ ] Facade Program Committee Plan Commission Cx-�Z_on� �rnm,-SsfC [ ] Fire and Police Commission [] Park Board [ ] Human Resources Commission >Tzoning Board of Appeals [ ] Library Board [] Yorkville Green Committee The following questions help in selection of committee members. 1. Indicate your experience (personal and/or work) that will help you in serving the residents of the United City of Yorkville. 1VAk D 1�'23_ q 7, Z l /9/, ? �i�fi`3 re7 s9��-/Bf e- /1/�.P�,ecYUT/5�Sn ✓"V6 Ae2 i1Flr-41,x°`. aov 7 �� P,e�•s�icr-- 2. Why do you want to serve on a Commission/Committee for the United City of Yorkville? Thank you for your interest in being a part of the development of the United City of Yorkville! It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring, and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act and all State Civil Rights Legislation. 1 understand that as part of e p ocess of being considered, it is the City's policy to perform a cursory background investigation on anyone b i considered for appointment to one of the commissions or committees. ILE Sign ur t- pplicant Date ru. 17' LVU7 I 70h191 i ova rrn UMDIIVIIRT a ulJIU11 ,! ,. ,IYO, 4bjD' ` .r• I 4. :•It °� 7 ' ~1 +:ti`• :9'i'{ 't`r5: :.f �'�'� z'y" :'s :.t... � `' ,y' ,. Unite �/ '1 �# itjl' rlivllfetitiris ton, ,��ai`rirrili#i� � To b risid�'r6d'fgr.a'�C,o , ', ,. � `•.: •.`:'•"j' . . ; :�-.:'_ ': . : ;�i' � ' '�� .°' m{t'�iissio.l orcotrrr;�ttde;'plobge co�ipta#o,#h(s. li it rt§ } t m•ttr he { Depu5Clerk at; UnKid PFty of Yo vl bO. Yor ame.F�mi 1�dad* kWle!_fllid si iw`6 6301563-4354' `fait' & YS3-77Er ` t '` k`' "• '.I f;'''`i Name Address "' /� - Phone: Home� -� tlVo Please indi >, 'th�Golmissjt�rilGimmit#tie(sjthat yQt�'woiYld'li [ Farade Program Commoe E)`plan CIiMrMs's ion [l Fire.and.Pvilce Cgfmtslori ' [ Park Bvard '` A 7 () Human Resources Cori�ttiiss,prt (J Zoning Boord df .peW, [l library Board' �rbar*C `rhmlt4ee< The following 4uestian$hdp 1h.selection of cor6MMee rrtambbra. w t ` 1. indicate your:e tperieriae,(Obrso'nal andloi•weiicj that'v�tij�elP yob[ `seriph resldeets of`V ' the United City of.Y45tkv,.iflle ,. r ;. 2. Why q'ytiu:want.lQ.s lv 4i� a'Commissio.h/Commid f'Tth U 1ted: it r.�sf' 'a t+�llie • ' ' you/ � �i�/� � •✓ter . � I�.�'��'��' ''� ' '1 ��',�,�,�,�GG�- C/046OW-5, IV ThanJk or your interest In being'a pert Of the Oevelcolho hi;of'ffie U nOdd city ' of Yorkville ' It Is the policy of the LIN d'City of Yariivilie to'promote°nondiswillhstory pracii'`catt.'iii.tts iririg; andail '.contr fua! ' underlakings. R is the policy of Site Clty•to canform with all'aapacb of including the E=qual Employment Opportunity Act and all State Civil Rights Legislation. i}�,i}ir��ir•�,tRi}+i*iHiia4+4}wsi�aF k7tllielhNXklF!'k#}}y,t!}}}}rY}}:h}�}Y!}4q}:�Ytti#*f: si�1•,kttNf a'+'it's�,ii•,r+r�•f��*tsf{t}e. ! understand ftf es',prl pr oces s o ,being aa!n.sdr b< u Is y . n� I9fo¢�%I,x ,d �ry t bkb' rUnd invesagation an er:yo ng cgsldored for 0Patnlment to one of the�hrmissio t&rey&ApplfcanI I. Ante OF CC' >' 1*CP, J/1 7/Ocl Date Received /7 kq Initials T United City of Yorkville Commission & Committee Application To be considered for a commission or committee, please complete this application and return to the Deputy Clerk at: United City of Yorkville * 800 Game Farm Road t Yorkville, Illinois 60560 6301553-4350 *fax: 630/553-7575 Name RALPH E. PFISTER Address 1004 SUNSET AVENUE, P.O. BOX 175 Phone: Home 630-553-5142 Work 630-553-7657 Fax 630-553-7554 Please indicate the Commission/Committee(s) that you would like to participate on: [] Fagade Program Committee [] Plan Commission boning Commission [] Fire and Police Commission [] Park Board [ ] Human Resources Commission [] Zoning Board of Appeals [ ] Library Board [] Yorkville Green Committee The following questions help in selection of committee members. 1. Indicate your experience (personal and/or work) that will help you in serving the residents of the United City of Yorkville. 35 years as Executive Director of the Yorkville-Bristol Sanitary District. Served 8 years as the City of Yorkville Alderman. Former City of Yorkville Plan Commission and Zoning Board of Appeals member. 2. Why do you want to serve on a Commission/Committee for the United City of Yorkville? I was asked to serve. Thank you for your interest in being a part of the development of the United City of Yorkville! It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring, and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act and all State Civil Rights Legislation. t#*ttfr*fFtti#ttttti#*F#****tittttitlttf!-k******t*t*t**�r#tt##t#*****ttt**tt**tt*f##*#t i*t*ttlt#tt4t#*#**!t#tt*i#t#fti I understand that as part of the process of being considered, it is the City's policy to perform a cursory background investigation on anyone being considered for appointment to one of the commissions or committees. 4!!4�- Feb. 12, 2009 Sig ure of Applicant Date C CA'!)P- feu p,!> /1�lo� Date Retelved-SR (A Initials United City of Yorkville Commission & Committee Application To be considered for a commission or committee, please complete this application and return to the Deputy Cleric at: United City of Yorkville * 800 Game Farm Road i Yorkville, Illinois 60560 6301553-4350 *fax: 6301553-7575 Name �. Address Phone: Home ia� Work(n i�j?�_�� Z2 Fax(&:2-L2 275(a Please indicate the Commission/Committee(s) that you would like to participate on: [] Fagade Program Committee [] Plan Commission [] Fire and Police Commission [] Park Board [] Human Resources Commission [] Zoning Board of Appeals [] Library Board [] Yorkville Green Committee �yI��NCT �MMISSI�;. The following questions help in selection of committee members. 1. Indicate your experience (personal and/or work)that will help you in serving the residents of the United City of Yorkville. AfXiji"jar€ 10 `Sr C1tI I-I-1tJCAej `,A76 i9,9'3 t7 6w% of I:WOZI OJCL-� 0 6oi+il4'2 L Ij' L_ ItJ 2. Why do you want to serve on a Commission/Committee for the United City of Yorkville? 117�.I I'�1� -T " (i?iv fTOI'L i5 K-L"� ICI' ' Ito q-I�`'( N(0/j e(L RAJ k7EW Gil L-t91tJ'q O(?- Thank you for your Interest In being a part of the development of the Untied City of Yorkville! It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring, and its contractual undertakings. II is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act and all Slate Civil Rights Legislation. Miiii**MYr*iiii#*t!###ii lFii#iiii#ii*iti*#iiilrti##itiiiiit#it###*iiiiiiiiiii4i##iii#i##ititiii#ii#iii#iiii♦##iiiiiiti 1 understand that as part of the process of being considered, it is the City's policy to perform a cursory background investigation on anyone being considered for appointment to one of the commissions or committees. Slgna ti of Applicant Date 02/b1llbd'J 0l:48 6305536422 CASTLE BANK YCRKVILE PAGE 02102 Date Received aI�7 initials United City of Yarkviil[e Commission & Committee Application To be considered for a commission Or committee, please complete this application and return to the Deputy Cleric at: United City of Yorkville' 600 Game Farm Road*Yorkville, Illinois 60560 530/553-43550 "fax: 630/553-7575 Name Address c;�4$ WCA(AU-}- S4- ]col' Vif�Q Phone: Horne -��5 - Work 50-033 Fax (030'S'S3- ( ac\ Please indicate the Commission/Committee(s)that you would like to participate on: [] Fagode Program Committee [] Plan Commission [) Fire and Police Commission [] Park Board [) Human Resources Commission []Zoning Board of Appeals [ ) Library Board [j Yorkville Green Committee Cx) Z0A&nq Cat),M�SS 0^ The following que I Ms help in selection of committee members. I. Indicate your experience(personal anti/or work)that will help you in serving the residents of the United Clty rof Yorkville. i /,e-s;de w,4- +wo d- r� VGt�11k5 i,� rn S r•+fGe— I 2. Why do you want to serve on a Commission/Committee forthe United City of Yorkville? & � •f'hO 6J7/wz w6-c G s- L✓e (r F; i U, he- ups 404, t�o c Wanfi 76 64/ ThattJ you or your rata~r st being a parLbf the development of the United City of Yorkville! It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring, and Its contractuai undertakings. It is the policy of the City to Conform with all aspects of Federal Civil Flights legislation including the Equal Ernpioyment Opportunity Act end all State Civil Rights Legislation. **rYrh+ **i t rr,k*a,kr+�rRiFk"sM,1*�a�Mkrs*sewri#fM"**a1iFr+tiM"*re• i understand that as part of the process of being considered, it is the CRYs policy to perform a cursory background invesdg&Wn on anyone being considered for appointment to one of the commfssions or commltrees. .. � 'W2— a Signature ofAppli nt Date Date Received a %6I Initials� J United City of Yorkville Commission & Committee Application To be considered for a commission or committee, please complete this application and return to the Deputy Clerk at: United City of Yorkville 800 Game Farm Road * Yorkville, Illinois 60560 6301553-4350 *fax: 63015 3-7575 Name Address 57 .�g2 Phone: Home —z/ -6510 Work Fax �3O ,5-s3 - 76 516 Please indicate the Commission/Committee(s) that you would like to participate on: [] Facade Program Committee [] Plan Commission [) Fire and Police Commission [] Park Board [ ] Human Resources Commission [] Zoning Board of Appeals [ ] Library Board [] Yorkville Green Committee Cu7 O n+n co""s'/°. ) The followin g questions help in selection of committee me hers. 1. Indicate your experience (personal and/or work) that will help you in serving the residents of the United City of Yorkville. As 4,2 IA a j�- e�e rt/t n/c� �/,e, ,<,� .4�7 n c ✓ a r��A..-G G� -r�' //` 6✓Ci�� 'os �n�r, l��s-,l fiih . %c+� n sr�.o� uJC //, cr GtFior /ylvi✓�G�?a ��, cJ 2. Why do you want to serve on a Commission/Committee for the United City of Yorkville? As 0, Volritv.1't r'�s��G�� i �t4.tcP 4 a assns is / / / ,.✓Gf ✓C�� Ar7C/' �rt7 G.;.�;.v( 'y'11' AJ( v�r GS Zru '- � Thank you for your inte est in being a part of the development of the United City of Yorkville! It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring, and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act and all State Civil Rights Legislation. I understand that as part of the process of being considered, it is the City's policy to perform a cursory background investigation on anyone being considered for appointment to one of the commissions or committees. lture of Applicant Date �,�C' Agenda Item Number D cjr, Reviewed By: 2' a. 0 Legal ❑ GU C,P- 1f Finance EST. � � `ti 1836 1-1 Engineer ❑ Tracking Number 0� I's I r-.} City Administrator El =o,,,Pa. �6 Consultant ❑ �, � q _ �� N—COUn:y ` Agenda Item Summary Memo Title.. Human Resources Commission Appointments Meeting and Date: City Council --2/24/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Burd Name Department Agenda Item Notes: See attached applications. YUKKV1LLt "V. VVJT V. 02/02 Date Received 1 (?!' initials United City of Yorkville Commission & Committee Application To be considered for a commission or committee, please complete this application and return to the Deputy Clerk at: United City of Yorkville t 800 Game Farm Road Yorkville, Illinois 60560 $30 1553-4350 *fax: 6301553-7575 Name LWXJ\6j C1 ruz� Address Y� CCu � Y0Y6t'1JL L d (a U Phone: Home �3� 5 - 1% Work �3 0- �%-704 Fax Please indicate the CommiSsio[VCommlttee(s)that you would Ilke to participate on: [] Fagade Program Committee [] Plan Commission (] ire and Police Commission [] Park Board [ Human Resources Commission [] Zoning Board of Appeals [] Library Board [] Yorkville Green Committee The following questions help in selection of committee members. 1. Indicate your experience (personal qndloir work) at vyill het u i se g th 'dents of the United City of Yorkville E�a a rut iTI Ye .� ,A-W V I WhA4� TAe 111' i Rai d CE? r ,fox 1 � lJIr�r 7✓i U Eu�u-" 5 D� d w� stn c. Why dyqu,Want 1p serve a Commissia Comm[ittpe�^fWar the�UneCity ofa,Yorkville? °� 67' ank you for yo interest in being a part of the development of the United City of Yorkville! It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring, and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act and all State Civil Rights Legislation. tl-*irir'7r*tr'r ttti4ttit**tt,ti*t�yrkfr#w*t###�Yr�71�M4*t.Awtrtttrt+rt*twwM t�trr++�fnrfrt,rrat*r#k+,F��tta r+h►y,wt*tt**ti4+r++�„a!*r�,t� I understand that as part of the process of being considered, it is the City's pollcy to peftrm a cursory background investigation on anyone being considered for appointment to one of the commissions or commlits es. , ct.avia— e Signature of Applicant" Date CV '. I'A�br. &94e , flb /09 Date Received l b:? ,� Initials (�I ✓ United City of Yorkville Commission & Committee Application To be considered for a commission or committee, please complete this application and return to the Deputy Clerk at: United City of Yorkville * 800 Game Farm Road * Yorkville, Illinois 60560 630 1553-4350 * fax: 6301553-7575 Name_Edmont Iljazi Address-102 E. Stagecoach Tr. Yorkville, 11 60560 Phone: Home _708-691-0723_ Work_630-553-1835 Fax _630-553-1878 Please indicate the Commission/Committee(s) that you would like to participate on: [ ] Facade Program Committee [] Plan Commission [ ] Fire and Police Commission [] Park Board [X ] Human Resources Commission [ ] Zoning Board of Appeals [ ] Library Board [ ] Yorkville Green Committee The following questions help in selection of committee members. 1. Indicate your experience (personal and/or work) that will help you in serving the residents of the United City of Yorkville. I have worked in the service industry since I was 16 years old which has given me much experience working with the public. It has been three years since moving here and opening Silver Dollar Restaurant, it has been my personal and professional motto to do anything I can to give back to the community. I have worked with the Walter and the Connie Payton Foundation with their 5k run and their holiday toy drive for the last two years. More recently we have teamed up with the Kendall County food pantry and are providing free Thanksgiving dinners for the families. This is and will be an annual event, for this event I have gotten the chamber and the local churches to start food drives for KCFP. In my college years, I worked very closely and was one of the organizers for the Marines Toys for Tots program at our University. As a youth I was one of the founders that created the Albanian youth organization that is still going strong today that I am still an ambassador to. 2. Why do you want to serve on a Commission/Committee for the United City of Yorkville? I have been helping people with anything I have been able to provide, but because of the limited resources and access to volunteers my ability to aid has been on a smaller scale. This commission will allow me to have greater access to more people that I can help. This commission will be centralized and will target those in our community that need services. I feel this will allow me the opportunity to be of greater help to our community. It is times like these that people in our community need our businesses and elected officials to do all they can to aid families that needed the most in these most troubling times. This commission needs to take a more proactive in fostering this relationship. I feel that I being a local resident and business owner can help facilitate this process. Thank you for your interest in being a part of the development of the United City of Yorkville! It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring, and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act and all State Civil Rights Legislation. 1 understand that as part of the process of being considered, it is the City's policy to perform a cursory background investigation on anyone being considered for appointment to one of the commissions or committees. Edmont Iljazi 11-24-08 Signature of Applicant Date `,��O ClTy Reviewed By: Agenda Item Number Zj o - �+ Legal ❑ ��.<< p EST. 1 iris Finance ❑ Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑❑ L� uy� <L E ��- Agenda Item Summary Memo Title: IDNR Bike Path Grant Meeting and Date: City Council FEBRUARY 24, 2009 Synopsis: Seeking authorization to apply for bike path Grant for the Kennedy Rd. trail link as an alternate grant source if CMAQ grant is not successful. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Authorization to proceed with application Submitted by: Dave Mogle, Director of Parks and Recreation Name Department Agenda Item Notes: See attached memo. •��° �'''�- Memorandum EST. �z !`-��_v less To: Yorkville City Council From: Laura Haake, City Park Designer CC: Dave Mogle, Director of Parks and Recreation, i4 �;°, ;y y4 Travis Miller, Community Development Director, Joe Wywrot, City Engineer Brendan McLaughlin, City Administrator Date: February 19, 2009 Subject: IDNR Bike Path Grant Program Applications The Illinois Department of Natural Resources (IDNR) is now accepting applications for the 2009 Bike Path Grant, due on March 1, 2009. The maximum amount reimbursable per project for IDNR grants is $200,000. The City's grant writers at Schrader and Associates with help from Engineering Enterprises, Inc.,have assisted Staff in assembling the following project scope and cost estimate. The grant application is for Kennedy Road from Bristol Ridge Road and the existing Blackberry Trail in Grande Reserve to the existing sidewalk in Prairie Meadows. Staff considered extending the trail to Route 47 and received additional estimates for said 3/ mile extension. However,the cost of removing the existing sidewalk to replace it with trail would cost an additional $150,000 of unmatched funds plus forced labor hours of both the Public Works and Parks Departments. This brings the project to a total beyond the 50/50 match, and therefore the extension to Route 47 is not included in this application. Kennedy Road The connection along Kennedy Road from the existing 4.46 mile long Blackberry Trail to sidewalk in Prairie Meadows development is a primary connection for the shared-use trail plan. The one mile long segment of trail is vital to link residents between the Park and Ride, two elementary schools(Autumn Creek and Grande Reserve), numerous City parks, commercial shopping,the Post Office,and REC Center(See Exhibit A). The City applied for a CMAQ grant with a project scope larger than this segment(from Route 47 to north of the Burlington Northern Santa Fe Railroad Tracks),of which the City is expecting to receive notification if the City was awarded the CMAQ grant in November. At that time,if we receive the CMAQ funds, we will pull our IDNR grant with no penalty. If we do not receive the CMAQ grant, the same City funds allocated for the CMAQ grant can be re-allocated to the IDNR grant.This project is currently estimated at$391,030.00. The City's 50%project share would total $195,515.00. Please see attachments for a map showing the proposed project area and the breakdown of the project cost estimate. RECREATIONAL TRAILS GRANT PROGRAMS STATE OF ILLINOIS/DEPT OF NATURAL RESOURCES BPIDOC-5: CERTIFICATION STATEMENT Project Sponsor: United City of Yorkville Project Title: Kennedy Road Bike Path As the individual duly designated to represent the . United City of Yorkville (sponsor), 1 do hereby certify that the information presented in this grant application is true and correct. I do further certify that the project, if approved for funding, will be completed in accordance with provisions set forth in the Recreational Trails Grants Manual and that the United City of Yorkville (sponsor)has the financial resources to initially fund 100%of the proposed project within the timeframe imposed by the Department of Natural Resources for project execution prior to receiving grant reimbursement. It is understood that the proposed project should be completed within the time frame established in the Project Agreement. Failure to complete said project within the specified time frame could be cause for project termination. In addition, failure to complete an approved project or withdrawal of a project due to lack of performance,insufficient funds or change in local recreation priorities by the applicant shall result in the ineligibility of the project applicant for Illinois DNR grant assistance consideration in the next two(2)consecutive grant cycles. The United City of Yorkville (sponsor)hereby further certifies that 1)it will indemnify, protect and hold harmless the Slate of Illinois, Department of Natural Resources and its representatives from any and all liabilities, costs,damages or claims arising out of,or as a direct or indirect result of, the actions and 1 or omissions of the United City of Yorkville (sponsor)or its representatives in the construction,operation or maintenance of the above referenced project, and 2)that adequate public notice was given and local approval solicited on the proposed project, and 3)that the proposed facility will be operated and maintained in an attractive and safe manner, and open and available to the public without regard to race, color, sex, national origin, age, disability or place of residence in accordance with provisions of Illinois DNR trail grant program regulations. This Certification Statement was duly acted upon and adopted by the United City of Yorkville (sponsor) on the day of 2009 . (month) Name (printed 1 typed) Signature ATTESTED BY: Title Date: PRELIYIINARY COST ESTMATE KEvTIEDYROAD BIKE TRAIL FROM CHRMTY LANE TO BRISTOL RIDGE ROAD LENGTH-6,216`(0.99 MILES) UNITED CITY OF YORKVILLE JANUARY 2009 IIEM UNIT NO DESCRIPTION UNIT QUANTITY PRICE AMOUNT 6�wuµrN:,:,s MATS7s tLS�HI1�R CaAT7 MUCH 7.190m 1 2.00 6 0.61/W } EARTH EXCAVATION CUYD I.IaO.m 1 4000 1 44.200!4 A tAGGkLuAfE eA&E COURSE.TVM 0 TON 4.47010 1 2006 7 A 4mm0 4 HOT-WX ASPHALTSURFACE 0OWME,AOY'V.N50 TON 170.00 I 60 m 6 64.150m, 6 IRESTCAA'C)m WY4 6.LWm i 1600 1 672ww 6 1 HAFFI::QL:%TRf7L ANO FTl4TE'CTMN LGUM tm6 4 49000 7 6,0mm0 7 SIGNACE LGUW HBO 6 sam00 I 6.Om 00 rMte RP-V O VAL L&M too 4 10.0m 00 6 10.000 00 9 1NtNS iAGH rOAn 1 26006 7 Ig606a0 TOTALCONSTRLIC71O61 COSTS s 7x976.00 PHASE tEAIOWOMMS PM s PHME7 EWMEETIgO ! Atom PKAmej9hOLMffEMWTN 6 XSW40 TOTAL PWLM-CT COeT11 6 3".0M m Nate: I AIIurm Eimt ft pMM of Ksrnetly Raid od*od t0 AuhmM CMak 6LbdN161R1 wIA bs Imtanitttlded before Me bko poM l6 bLdlt Also. 01e mmsL-Kju of IM bike pain cal IM 1YST V=ad a grade botom We PartaNdw 6N Kennedy Road is bunk. ThKulom,no IR14aekr71dM Ydl be negWr"as n pan!of Ihl7 PWOjW. 12 Wuhk4YORMraa42006tY0661i 7001 CMAQ On"AMA&A l 8uhnM40}OT Eaff4h-YC66i6•biRrdg(6nrdl-Wdh kkiM M unui E�604�IIaFO FXIEWf�ia,]NC, CONSU.TWO EH MMEERS SLGAR GRAVE.ILLINOS STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO, 2009- RESOLUTION OF AUTHORIZATION TO PARTICIPATE IN ILLINOIS DEPARTMENT OF NATURAL RESOURCES BIKE PATH PROGRAM FOR THE KENNEDY ROAD TRAIL IMPROVEMENTS WHEREAS, the City Council of the United City of Yorkville adopted strategic goals in 2008, including goals of enhancing recreational opportunities, increasing environmental consciousness and expanding pedestrian friendly transportation systems, and WHEREAS, the City Council supports providing a system of bike/pedestrian trails within the City of Yorkville, and the connection of said system to regional and state systems of trails, and WHEREAS, the City Council has considered submitting a bike/pedestrian trail grant application attached hereto as Exhibit "A" to the Illinois Department of Natural Resources (IDNR) to obtain funding, and WHEREAS, the City Council has learned that said program can provide up to 50% of eligible project costs, and WHEREAS, the project the United City of Yorkville has considered submitting consists of a bike trail that will link residents of the city to an existing trail that links to the shared-use trail system of both the Village of Oswego and the Village of Montgomery; and WHEREAS, the project would provide off-road bicycle access to two elementary schools, a golf course, regional ballfields, commericial centers and several residential developments; and WHEREAS, the project would allow park and ride trail users to easily commute to the park and ride facility via the existing Blackberry Trail in Grande Reserve; and NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, that the United City of Yorkville hereby authorizes the funding of the 50% local match if awarded the grant funding and authorizes City Staff to make appropriate application to have Kennedy Road trail improvements included in the IDNR Program. 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 Legend dY � r w �lr�e t Em1mg Elerrtealary Sohoal r i —SWmalks — -Tralls Outside of Yorkville ++I ✓� �Trab i Parks +{ ' -Cly Parks P 6L for v ®ForeSt Preserve D i Exhibit A , M ............ . Gr de To Park r"e ` i i I N Ride A i � S 1 1'Bile� GrartdeRtpow- -_. —_ _ �..�•^ter ler!±� i•— R •�' —+� Parr I ti BNSF r i 47 Par!,I Blackberry ''--1 Proj e vious I Pcri l )©Mf?Grant) I i ��'•�,' rcial er Riom 'rlbr eider rk _< Post Otbce 34 - Rec Center Kennedy Road ° �.2� 2.500 K•Wk mqP'Y.opur 1h..-.rM.•��1ro. +G�irW o..r I.a�.0 ar Iy�r r no..af�.Y�caopM�nmpaaFb y.fm rm�awMrro y�- � Location Map Feel wnrmrr«er cerwrw.roCIS I �I pAR1%6 gscR&MON 0 CI P Reviewed By: Agenda Item Number '0 Legal E] 1 7 EST ,,- 1936 Finance ❑ Engineer ❑ Tracking Number 0 v) City Administrator ❑ Consultant ❑ Agenda Item Summary Memo Title: Resolution Adopting the Provisions of the Whistleblower Reward and Protection Act Meeting and Date: City Council--2124109 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Lisa Pickering Administration Name Department Agenda Item Notes: Please see attached. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2009- RESOLUTION ADOPTING THE PROVISIONS OF THE ILLINOIS WHISTLEBLOWER REWARD AND PROTECTION ACT WHEREAS, the State of Illinois has adopted the Whistleblower Reward and Protection Act, 740 ILCS 175/1 et seq.; and WHEREAS, the Act provides that any unit of government may adopt by resolution the provisions of the Act; and WHEREAS, it is in the interest of the taxpayers to uncover mismanagement, waste of public resources and abuses of authority; and WHEREAS, the Whistleblower Reward and Protection Act gives government employees and individual taxpapers the right to file lawsuits directly against contractors and public officials who defraud the government; and WHEREAS, the Act permits recovery of up to triple damages against wrongdoers who violate the public trust. NOW THEREFORE BE IT RESOLVED,by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois,that the Whistleblower Reward and Protection Act of the state of Illinois, (Public Act 89-260) is hereby adopted. 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 JOE PLOCHER WALLY 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 `,t�D C►T� Reviewed By: Agenda Item Number O J �y,�- � -c► Legal ❑ l: {11 �� 1� 7r: �. sr. leas Finance ❑ 1 " ` Engineer ❑ Tracking Number a City Administrator ❑ Consultant ❑ Agenda Item Summary Memo Title: Resolution to Release Closed Session Minutes Meeting and Date: City Council —2124109 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Lisa Pickering Administration Name Department Agenda Item Notes: Please see attached. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) RESOLUTION NO. 2009- A RESOLUTION TO RELEASE CLOSED SESSION MINUTES WHEREAS, the Illinois Open Meetings Act requires all public bodies to keep written minutes of all meetings whether open or closed; and WHEREAS, the minutes of closed sessions are only to be available after the public body determines that it is no longer necessary to protect the public interest or the privacy of an individual by keeping certain minutes confidential; and WHEREAS, every six (b) months, the public body is to determine, in closed session, which minutes may be released for public inspection and which minutes should remain confidential; and WHEREAS, after having reviewed the Minutes of closed meetings, the City Council has determined that but for those minutes itemized on Exhibit "A", attached hereto and made part of, all other minutes of executive sessions shall remain confidential; and WHEREAS, the Corporate Authorities have determined that upon the passage of this Resolution, all the minutes itemized on Exhibit "A" shall be made available for public inspection. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The City Council finds that the Minutes of the closed meetings (executive sessions) as itemized on Exhibit "A", attached hereto, no longer require confidentiality to protect the public interest or the privacy of an individual and are hereby released for public inspection. SECTION 2: All other minutes of closed meetings (executive sessions) shall remain closed to public inspection until further direction by this City Council. Section 3: This Resolution shall be in full force and effect immediately upon its passage. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2009. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI 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 EXHIBIT"A" Executive Session minutes to be released: June 25, 2002 January 14, 2003 April 8, 2003 July 22, 2003 October 14, 2003 October 28, 2003 November 10, 2003 December 9, 2003 Reviewed By: Agenda Item Number J` 0 Legal ❑ EST. yess Finance ❑ Engineer ❑ �� TI City Administrator F1 Tracking Number �t ?0 Police ❑ P. - r7•lLLE �V�` Human Resources ❑ C .V V Public Works ❑ City Council Agenda Item Summary Memo Title: Com2 E-Waste Recycling Agreement City Council/ Committee Agenda Date: City Council— February 24, 2009 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N /A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: ,,��D CITE, J� 4 0 Memorandum To: City Council EST 1836 From: Bart Olson, Assistant City Administrator CC: Brendan McLaughlin, City Administrator Cqe p Date: February 20, 2009 K` .Iy '_' Subject: E-Waste Contract with Com2 4E ��• This item was recommended to be placed on the City Council agenda by the Public Works Committee at their January meeting. I have attached the memo from me to the committee that was in the January packet. Since this memo, the following items have been changed from the draft contract that was presented in the packet: 1) Com2 will be Ieasing a plastic Gaylord box to the City at no cost. The previous draft contract required the City to purchase its own plastic Gaylord box to the City. This change was discussed verbally at the meeting. 2) Fees for CRTs and TVs are amendable by the company on a yearly basis, provided the company charges those same fees to the rest of its regular customers. The previous draft contract required the fee to be kept constant, even if the cost to recycle the items decreases. This change was discussed verbally at the meeting. 3) All recycling will take place within the United States. The committee expressed concern that although the company will not landfill any of the items, that it should not recycle the materials outside of the country either. This change was discussed verbally at the meeting. 4) Com2 will be providing a truck and one laborer to the City to collect mobile collection days at least twice per year. The previous draft contract did not specify that a truck or a driver would be provided. This change was discussed verbally at the meeting. 5) My January memo outlined an operational concern about requiring citizens to sign a waiver of liability should they want to drop off an item with personal data on it to be picked up at a later date. The contract specifically states that all items with personal data must be dropped off at one of Com2's permanent sites, by either the City or the resident. Attorney Orr stated that a waiver of liability would not be required since Com2 is refusing to pick up the materials with personal data. Should the City decide to drop off the materials at the permanent collection site on our residents' behalf, a sign could be created to be placed at the Public Works building to satisfy the liability concern. This change was not discussed at the meeting, but it has no bearing on the contract itself as it is an operational change. Com2 E-Waste Recycling Agreement This Agreement is entered into as of , 2009 by and between Com2 Computers and Technologies LLC an Illinois Company, (the "COMPANY") and the United City of Yorkville, (the `'HOST"). Recitals WHEREAS, the COMPANY is a recycler of excess and surplus computers and electronics that has offered to implement an a-waste recycling program in the United City of Yorkville in the manner described below; and WHEREAS, most electronic products contain components and materials which are environmental and health risks; and WHEREAS, the Electronics Products Recycling and Reuse Act was passed by the Illinois General Assembly on September 17, 2008, and bans all e-waste from landfills after January 1, 2012; and WHEREAS, the HOST desires to provide e-waste recycling services on its property to its residents; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. TERMS AND TERMINATION: a. This agreement will have an initial term from the date of execution of this agreement through April 30, 2011. After the initial term, this Agreement may be renewed through mutual agreement by both parties for two (two) additional two (2) year terms. b. The COMPANY or the HOST may terminate this agreement upon notification to the other party,providing a 90 day notification period. 2. SERVICES TO BE PROVIDED BY COMPANY AND THE HOST: a. COMPANY shall provide one plastic Gaylord box with a lid to the City.(40" x 48" x 39").Gaylord Box is the property of the COMPANY, being leased to the HOST at no cost for the term of the agreement. Box shall be set up in areas, as designated by the City, where residents can drop the following electronics for recycling at the designated locations for the fee or charge as stipulated below. i. Calculators, cell phones, portable music players, mp3 players, CD players, tape players, radios, boom boxes, speakers, computer laptops, computer notebooks, desktop computers, printers, copiers, VCRs, DVD players, telephones, microwaves, and other standard household electronic devices are to be recycled at no charge to the residents or the HOST. ii. CRT Monitors and terminals with CRT will be recycled for a $5 per monitor or terminal fee. Fees or charges for CRT are amendable by COMPANY on a yearly basis, provided the COMPANY charges said fees in the amounts as is charged to its regular customers as posted on Com2's website. f iii. Televisions will be recycled for a fee to be calculated at a rate of S 1 per diagonal inch of TV screen, up to a maximum of$50. Fees or charges for televisions are amendable by COMPANY on a yearly basis, provided the COMPANY charges said fees in the amounts as is charged to its regular customers as posted on Com2's website. b. The HOST shall collect the fees for items dropped off at the designated locations and turn the collected fees over to the COMPANY upon pickup of the items from the HOST. c. If the computer, hard drive, or other media contains personal data, said equipment must be taken to one of the COMPANY'S permanent locations, by the City or the residents, for proper destruction: i. Com2 Lombard, 1196 C. South Main Street, Lombard, IL 60148 ii. Com2 Carol Stream, 195 E. Kehoe Blvd. Unit 7, Carol Stream, IL 60188 iii. Residents may opt to call Com2 for pickup, for an additional charge d. The HOST shall call the COMPANY when the Gaylord boxes are full to schedule a pick up. COMPANY shall pick up contents of Gaylord boxes for recycling. e. COMPANY shall document all electronics picked up from the HOST. £ COMPANY shall process all electronics according to EPA, State, and Federal guidelines. COMPANY shall not send any of the electronics or electronics components to a landfill at any time; nor will any of the recycling be performed outside the United States. The COMPANY shall provide a Certificate of Destruction to the HOST verifying that it has followed EPA, State, and Federal guidelines during the recycling and destruction process, and provide a report on the types and amount of items the Certificate references. g. The HOST shall support the COMPANY, by promoting the COMPANY'S recycling services in the United City of Yorkville through website promotion, quarterly newsletter, local TV and radio (when applicable) and allowing the company to partake in recycling collection events when organized by the City. h. The COMPANY shall conduct at least two mobile a-waste collection days in the City each year by providing a truck with driver and one laborer. Dates, times, and locations shall be agreed upon by both the COMPANY and the CITY. The City has the right to request COMPANY'S participation at additional a-waste collection days and attendance at local recycling events during the year, above and beyond the two mandatory mobile a-waste collection days. 3. FORCE MA]EURE. Neither party shall be liable for delay or default in delivery for any cause beyond that party's reasonable control, including, but not limited to, shortage of labor, raw material, production or transportation facilities, labor difficulty involving that party or others, fire, flood or other casualty. In the event of any delay in that party's performance due in whole or in part to any cause beyond that party's reasonable control, that party shall have such additional time for performance as may be reasonably necessary under the circumstances. 4. NON-WAIVER. The waiver of any breach of the terms of this Agreement shall not constitute the waiver of any other or further breach hereunder, whether or not of a like kind or nature. 5. NOTICES. Any notice given by either party hereto to the other party shall be deemed to have been sufficiently given by overnight delivery service or by the sending thereof by facsimile and in such case confirmed by regular mail to the addresses set forth below for the other party (or at such other address as may be specified in writing by such other party from time to time): If to the Company: Com2 Computers and Technologies LLC f 195 E. Kehoe Blvd. Carol Stream, IL 60188 Attention: Saheem Baloch Facsimile: (630) 690-COM2 (2662) If to the Host: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attention: City Clerk Facsimile: 630-553-7575 6. ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Neither party shall assign this Agreement without the prior written consent of the other party; provided that a party may assign this agreement to an affiliate or to a purchaser of its business. 7. SEVERABILITY. In the event that any one or more of these provisions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining provision or provisions shall remain binding and effective. 8. CONTROLLING LAW AND VENUE. This Agreement shall be construed and all the rights, powers and liabilities of the parties hereunder shall be determined in accordance with the laws of the State of Illinois. The parties hereby irrevocably consent and submit to the exclusive jurisdiction of Illinois state courts or federal courts sitting in Kendall County, Illinois, over any suit, action or proceeding which arises out of or relates in any way to this Agreement or any judgment entered in any court in respect hereof, and consents to serve of process by registered mail, return receipt requested or by any other means provided by Illinois law. The parties hereby waive the right to contest the jurisdiction and venue of said courts located in Kendall County, Illinois on the grounds of inconvenience or otherwise. 9. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties and cancels and supersedes all previous agreements, if any, between the parties. Except as otherwise provided herein, this Agreement may be amended or modified only by a written instrument signed by the Company and the Host, respectively. No terms and conditions that may be contained in any order, acknowledgement, invoice or other form issued by either party shall be of any effect unless signed by the parties. IN WITNESS WHEREOF, the Company and the Host have duly executed this Agreement as of the date first written above. Com2 Computers and Technologies LLC By: Title: CITY OF YORKVILLE By: Title: 1 0 C�Ty Reviewed By: Agenda Item Number J.J` 4 � Legal ❑ P 'kl EST. 1836 Finance ❑ Engineer ❑ Tracking Number LIB ` City Administrator ❑ u C & y�s0 Consultant P V y o 0 0q — (9(.P E M�Cany L Agenda Item Summary Memo Title: Parkway tree replacement program Meeting and Date: CITY COUNCIL FEBRUARY 24, 2009 Synopsis: Proposal to start a parkway tree replacement program 50/50 cost sharing with residents Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Positive Council Action Requested: Approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: ''� Memorandum �r To: Yorkville City Council From: Laura Haake,City Park Designer and [k iii Eric Dhuse, Public Works Director �1 ter. O CC: Travis Miller, Brendan McLaughlin, Scott Sleezer,Joe Wywrot Date: February 18,2009 Subject: Yorkville 50/50 Parkway Tree program Please see the attached proposal information to establish a Parkway Tree Program for the residents of Yorkville.The 50/50 program includes purchase and planting of the tree by the City,with the homeowner reimbursing the City for the cost of the tree.The City's share is in kind including pickup of trees,delivery to homes,JULIE locate,planting, first water,and all Staff time coordinating the project. Many communities have established successful 50150 tree planting programs to cost share the replacement of parkway trees. Attachment A is the program explanation sheet and registration form that will be filled in and returned to City Hall with a check from the resident who desires to have a tree planted in the parkway near their home. To help ensure the survival of the tree, all trees except oaks will be planted in the fall.The City will allow the resident to locate the tree at their desired location, but if the location must be adjusted due to utilities, the homeowner will still approve the location prior to planting. The City will be responsible for calling JULIE and one-time watering.No guarantee for the tree will be provided.The program will be limited to 35 trees this first year of establishment. The tree list,Attachment B,shows the price of the tree that the City would charge the homeowner. Tree prices have been based on the average price for the species obtained in estimates provided in January of 2009.The basis for using an average tree prices is that the City cannot pre-determine the nursery from which we will be getting the tree,and therefore cannot guarantee prices or availability of the species for the price listed since we are not purchasing the trees until after the order is placed.Three local nurseries submitted price lists for the species offered.This does not mean we will purchase all trees from a single nursery, but selection availability, delivery or pickup charges,and the tree price will be considered prior to final purchase. Attachment C is a sample of the tree information that will be provided if the homeowner requests additional information on the tree species. Yorkville 50/59 Parkway Tree Program Through the 50150 Street Tree Program,the United City of Yorkville shares the cost of planting trees with homeowners. Residents simply choose the trees they want and send in a check for their portion of the cost. The City does the rest! The purpose of the Street Tree Program is intended to provide quality shade trees to residents within the City to be planted within the right-of-way areas along the streets and corridors throughout the City.The trees are intended to provide shade, screening, wildlife, pollution control,reduction of water runoff,soil erosion control, increased property values,reduced stress, aesthetics, and a sense of well being within the community. Please note that if your development still requires street trees to be planted, by the developer, you cannot participate in this program. All trees purchased through the program are required to be planted within the area of the right-of-way in front of or on the sides of the purchaser's property.The rigbt-of-way area available for planting the trees varies depending on the platting of the property and the width of the right-of-way. Generally it is eight to ten feet(8'to 10') from edge of curb to edge of right-of-way. Trees must be located a minimum distance of 50 feet from any other tree in the parkway;not conflict with existing utilities, be at least 20 feet from an overhead light, and must be 30 feet from any intersection. The City will work with the homeowner to locate the tree. All trees will be purchased for a fall planting except for oak trees,which will be planted the following spring.The tree will be planted,mulched, and watered (once)by the City. After the watering,care is left to the purchaser.No guarantee will be provided. Each tree will be a minimum of 2.5"in diameter.The homeowner's cost for each tree is based on the tree species and planting option selected from the list below. Orders with check payable to the United City of Yorkville, must be received by Monday,August 24,2009. Please mail checks and complete application to: 800 Game Farm Road, Yorkville, IL,60560. For more information, please contact the Laura Haake at Community Development Department at(630)553-8574. Limited quantities per species are available and will be served on a first-come,first-serve basis. The City's limit for trees sold this year as part of the program is thirty-six(36).This program will continue on an annual basis and planting will occur at the fall of every year. Please see the reverse side for tree selection and form. For tree species and information,please go to w%%w rkvillc it u tr t File Order# Trees must be selected from the following list: Elm $140.00 Linden $157.00 Oak(spring planting) $197.00 Catalpa $165.00 Cal lery Pear $150.00 Gingko $178.00 Hackberry $133.00 Kentucky Cofreetree $143.000 Red Maple $108.00 Sugar Maple S 163.00 Thornless Honeylocust 5142.00 Turkish Filbert $185.00 United City of Yorkville Tree Order Form Name: Address: Phone: Street tree location(if house is on corner lot) Tree Type Cost By signing this agreement I urrderstarrd that it is uty responsibility to ensure the tree's surnival by watering the tree after planting. The City a-ill not replace the street tree due to neglect, disease, or damage. Sign here Office use only Received by: Date: AitArC+VI-A cur REE REPLACEMENT PROGRAM Sclentllrc Name Common Name KendaJ!Hfll Hinsdale Nursery Sprinn Grnve hve�agri frrrr Ulmus,app. Elm $180-00 $101.004132.00 S125DO :=40 67; Tilia,spp L,nden $165,00 $179.00 5125.03 �166.�7 Quercus.app. Oak $219.00 $170.004202TDO '*1B5 D5;� W S wu6 , Catalpa Speclosa Calal a $168.00 $162.00; ;,tF5.ul Pyruscallaryona caU m Pear $165.Ni $161.00. $125.00 $150.33 Glnk male on Gink c $220.00 $136 40' CetGsoccidentelis Hackborry 5150.00 $124.ODJ $125.00 a'3J.G0 Gymrociadus dioicus,sprp. Kentucky Cofieetme $138.09 $167.00 5'i5 Fil I,--3?3 AceJ plalanoldes.s . Red Maple $130.09 $105,004113,00 $85.110 508.0 Acer sacchenim Soe. Sugar Maple 8193.00 $117.00-$148.00 5'40 OC-.'t 5 C3 Gledltisla iricanbos,var.inerado Thorriless Hwey Locust I $150,00 $161 00 S"' 5 42.0: LCA"Us column Tjrresh F�I�ri $175.00 $195001 5185.00 C-1 UNITED CITY OF YORKVILLE STREET TREE PROGRAM Elm 5140.00 The broad arching habit of the hybrid elm tree still mimics the classic elm. Dutch Elm Disease resistant, hybrid elms grow to 60' tall and have a nice light yellow B , to yellow-green fall color.The tree can tolerate wet sites and a range of soil pH. f Red maple $108.00 Sugar maple $163.004 Maple trees can reach up to 50' in height, and prefer moist,well-drained soils. Fall color is preen-yellow to green-purple for Sugar Maples to red for Red Maples. Maples are fast growers. Linden $157.00 The Linden species like well-drained soils and can r= tolerant alkaline soils.They grow to 60'-80' tall, and have fragrant flowers in early summer. Fall foliage is brown-green. I�a P 11 �r v � Reviewed By: Agenda Item Number %' Legal ❑ �'� Est � �7836 Finance ❑ � Engineer ,pL�3��"' °`� v1 City Administrator ❑ Tracking Number Consultant ❑❑ ? � C C ! _ C ALE Agenda Item Summary Memo Title: Bond/Letter of Credit Reduction Policy Meeting and Date: FEBRUARY 24, 2009 CITY COUNCIL Synopsis: Discussion of possible changes to the bond/LOC reduction process.` Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: J= LL 0 Memorandum EST. �� 1836 1 =.� To: Brendan McLaughlin, City Adminis tar •t From: Joe Wywrot, City Engineer 4� p CC: Kathy Orr, City Attorney OF— Lt. `.�ti? Lisa Pickering, Deputy City Clerk Date: February 11, 2009 Subject: Bond/Letter of Credit Reduction Policy The procedure for bond/letter of credit reductions requires us to confirm that the work guaranteed by the bond/letter of credit has been substantially completed before we will approve a reduction. We do not require waivers of lien to be received from general contractors, sub- contractors, or material suppliers at any time during the development process. Our Bill of Sale form does require the developer to state that the infrastructure being conveyed to the city is free of any liens. Occasionally in the past and more frequently in the recent past we have received calls from some contractors stating that they have not been paid for work performed, and asking if they can get paid from the bond/letter of credit established by the developer. Our standard response has been that the bond/letter of credit is to guarantee that the work is performed,not that the contractor gets paid for the work. Our standard bond/letter of credit language lists six conditions upon which the city may make a demand for payment against a bond/letter of credit. One of those conditions is that"the City of Yorkville has determined that the public improvements or other improvements covered by this commitment have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties". Based on this language,Kathy Orr's opinion is that we may make a demand upon a construction guarantee if a claim is made by a contractor,but not pay it out unless directed to do so by a court or some other authoritative entity. Recently we have discussed the possibility of requiring developers to provide waivers of lien prior to approving reductions to a bond/letter of credit. Doing so would reduce the likelihood of a contractor making a claim of non-payment at a later date, or of the city being in a position where we have reduced a letter of credit for work that may be subject to a claim. On the other hand, accurately tracking waivers of lien for all contractors, subcontractors, and material suppliers would be next to impossible. The best we could hope to do would be to require waivers from general contractors. I had heard that Aurora and Plano were requiring waivers of lien, but I checked with them and found that was not the case. Based on these findings, it appears that requiring waivers of lien would be too burdensome to track and provided limited benefits. Another change to consider would be to increase the retainage (for work substantially completed) from 15%to 20%. Doing so would keep more developer funds available to us should we need it, and also motivate developers to complete punchlist work more quickly to obtain final acceptance by the city. Our retainage used to be 25%,but we reduced it to 15%several years ago when a developer complained that 25%was too high. Another change to consider would be to approve reductions at the staff level rather than sending a proposed reduction to the City Council for approval. Reduction recommendations are almost always placed on the consent agenda and approved without discussion. Resolution No. 2005-67 authorizes the Mayor, upon recommendation from the City Engineer,to approve reductions for letters of credit or bonds with an initial value of$750,000 or less. The proposed change would be to remove the dollar limitation of Resolution 2005-67. Other related changes could be to authorize the City Administrator or City Engineer to have approval authority. The City Council would be informed of reduction approvals as they occur. Reductions would continue to be withheld until we confirm that the developer has no unpaid fees for the development where a reduction to the bond/letter of credit is sought. I have spoken to the City Attorney and she concurs that we should not require waivers of lien from developers. She also concurs with the increase of the retainage to 20%, and to approve reductions at the staff level. Please place this item on the February 17, 2009 Public Works Committee agenda for discussion. 140S1o� RESOLUTION CREATING A POLICY PROCEDURE AND AUTHORITY TO REDUCE LETTERS OF CREDIT AND BONDS FOR CONSTRUCITON OF PUBLIC IMPROVEMENTS WHEREAS, the United City of Yorkville requires that developers and/or contractors provide security for the successful completion of the installation of certain public improvements including but not limited to streets, curbs, sidewalks, water pipes, sewer pipes (storm and sanitary), streetlights, etc., and WHEREAS, said security is established either by means of a Letter of Credit, or a Bond, and WHEREAS, from time to time, the developer and/or contractor will seek reduction of the Letter of Credit or Bond after the successful completion of a portion, but not all, of the public improvements under heretofore established practices and/or contracts, and WHEREAS, current practice involves an approval of the City Engineer's recommendation by the City Council which while thorough,requires long time lines for approvals that are in most instances a routine, and WHEREAS, the Mayor and City Council wish to provide an expedited review and approval process for certain smaller Letter of Credit and/or Bond reduction requests. BE IT HEREBY RESOLVED BY THE MAYOR AND ALDERMAN OF THE UNITED CITY OF YORKVILLE: 1. Letters of Credit and/or Bonds in an initial amount of$750,000 or less shall be eligible for approval under this policy, however, if deemed appropriate the City Engineer, or Mayor(or in the Mayor's absence, the Mayor Pro Tem) any request for reduction may be sent to City Council for review and approval consistent with the procedures and/or common practice used for Letter of Credit and/or Bond reduction requests for amounts in excess of$750,000. 2. The approval process for eligible Letter of Credit and/or Bond reductions shall be as follows: a. The City Engineer shall issue a written recommendation including his basis for approving or denying a request for reduction. Said written recommendation shall include the amount of the requested reduction and the remaining amount of the Letter of Credit and/or bond if the request is approved. b. The City Engineer's written recommendation shall be delivered to the Mayor for approval with a copy to the Public Works Committee (for notice, only). c. Mayor may concur, and advise the Public Works Committee of said concurrence, or direct that the request must go forward to the City Council. d. Upon the Mayor's concurrence (or that of the Mayor Pro Tem in the Mayor's absence) with the City Engineer's recommendation,then, the reduction shall be deemed approved and the City Engineer shall be authorized to issue a letter to implement the reduction e. The Mayor and the City Council hereby expressly delegate authority for approval to the parties listed herein sufficient to implement the approvals authorized by this Policy. NOW THEREFORE,upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, BE IT RESOLVED that the Policy set forth above is the Policy of the United City of Yorkville. WANDA OHARE � JOSEPH BESCO VALERIE BURR � PAUL TAMES DEAN WOLFER � MARTY MiJ1vNS y� ROSE SPEARS JASON LESLIE 6 Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this �"�—Day o , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day o , A.D. 2005. ATTEST: CITY CLERK RESOLUTION NO. 2009- RESOLUTION MODIFYING A POLICY REGARDING PROCEDURE AND AUTHORITY TO REDUCE LETTERS OF CREDIT AND PERFORMANCE BONDS FOR CONSTRUCTION OF LAND IMPROVEMENTS WHEREAS, the United City of Yorkville requires that land developers provide security for the successful completion of the installation of public and quasi-public (together also known as land improvements), including but not limited to streets, curbs, sidewalks, watermains, storm and sanitary sewers, streetlights, detention basins, landscaping, etc., and WHEREAS, said security is typically established either by means of a Letter of Credit or a Performance Bond, and WHEREAS, from time to time, a developer will seek reduction in the principal amount of the Letter of Credit or the Performance Bond amount after substantial completion of a portion of the land improvements which are the responsibility of the developer, and WHEREAS, current practice established by Resolution 2005-67 involves an approval of the City Engineer's recommendation by the Mayor and City Council, which is unnecessary as it is not a legislative act but an administrative calculation of sufficient security to ensure completion of land improvements by the developer. BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS: 1. Resolution No. 2005-67 is hereby repealed in its entirety. 2. The approval process for Letter of Credit and/or Performance Bond reductions shall be as follows: a. The City Engineer shall issue a written recommendation including the basis for approving, denying, or modifying a request for reduction. Said written recommendation shall include the amount of the reduction and the remaining amount of the Letter of Credit and/or Performance Bond. b. The City Engineer's written recommendation shall be forwarded to the City Administrator for approval. c. Upon the City Administrator's concurrence with the City Engineer's recommendation, the reduction shall be deemed approved or denied and the City Engineer is authorized to issue a letter to implement the decision. d. In the event the City Administrator does not concur with the City Engineer's recommendation, the Mayor shall have final authority to approve or deny the City Engineer's recommendation. e. A developer may appeal the decision of the City Administrator to the Mayor, who shall review and make a final determination to affirm or reverse the City Administrator's initial decision. f. The City Administrator or designee shall issue reports, quarterly or more frequently as deemed appropriate, to the Mayor and City Council that summarize Letter of Credit and/or Performance Bond reduction requests that have been received and actions taken pursuant to those requests. 3. Final acceptance/approval of land improvements and corresponding reduction/ release of Letters of Credit and/or Performance Bonds for developments whose initial Letter of Credit or Performance Bond amounts is less than $1,000,000 shall also be handled in accordance with the procedures established by this policy. Final acceptance/approval of land improvements and corresponding reduction/release of Letters of Credit and/or Performance Bonds for developments whose initial Letter of Credit or Performance Bond amounts are$1,000,000 or more shall be placed before the City Council for approval. 4. The retainage used in calculations for Letters of Credit and/or Performance Bond reductions is hereby increased from 15% to 20%. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 12009. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2009. MAYOR ATTEST: CITY CLERK C/P Reviewed By: Agenda Item Number 0"AA Legal ❑ Imo- J Finance ❑ EST, 1�. _ 1a3$ ., Engineer L1 Tracking Number 0� F sl City Administrator El "ate' © Consultant El PS 2008-46 El Agenda Item Summary Memo Title: Ordinance Amending City Code Regarding Fireworks Meeting and Date: City Council— 2/24/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Kathleen Field Orr City Attorney Name Department Agenda Item Notes: Ordinance No. 2009- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS PROVIDING FOR THE REGULATION OF FIREWORKS 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 fireworks 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 3 of the United City of Yorkville Code of Ordinances is hereby amended by adding the following new Section 11: 5-3-11: FIREWORKS; A. DEFINTIONS: 1.3G fireworks: Those fireworks used for professional outdoor displays and classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation under 49 C.F.R. 172.101. Consumer fireworks: Those fireworks that must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Products Safety Commission, as set forth in 16 C.F.R Parts 1500 and 1507, and classified as fireworks UN0336 or UN0337 by the United States Department of Transportation under 49 C.F.R. 172.101. "Consumer fireworks" shall not include snake or glow worm pellets; smoke devices; trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette loads", and "auto burglar alarms"; sparklers' toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty- five hundredths grains or less of explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps that contain less than twenty hundredths grains of explosive mixture. Display fireworks: 1.3G or special effects fireworks or as further defined in the Pyrotechnic Distributor and Operator Licensing Act (225 ILCS 22711, et seq.). B. It shall be unlawful for any person to sell, keep, expose for sale, loan or give away any 1.3G fireworks, consumer fireworks, or display fireworks, anywhere in the city. C. It shall be unlawful for any person to possess or to discharge anywhere in the city any 1.3G fireworks, consumer fireworks, or display fireworks; provided, however, that pursuant to a resolution the mayor and city council may issue a permit for the discharge of such fireworks and for pyrotechnical displays. D. The sale and use of snake or glow worm pellets; smoke devices; trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette loads", and "auto burglar alarms"; sparklers' toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps that contain less than twenty hundredths grains of explosive mixture, shall be permitted at all times. Section 2. If any Section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 2009. 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. MAYOR ATTEST: CITY CLERK 2