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City Council Packet 2009 06-23-09 C/TO United City of Yorkville Est. sss 800 Game Farm Road �` Yorkville, Illinois 60560 © [ J;p 14 Telephone: 630-553-4350 Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday,June 23, 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 Rose Ann Spears George Gilson, Jr. Arden Joe Plocher Robyn Sutcliff Diane TeeIing Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: 6:30 p.m., July 21, 2009 City Hall Conference.Room Economic Development Committee: 7:00 p.m., July 7, 2009 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., July 16, 2009 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., June 30, 2009 City Hall Conference Room Presentations: City Council Meeting Agenda June 23, 2009 Page 2 ---------- —---------—------- Public Hearings: — ---———----------------------------------- Citizen Comments: Consent Agenda: 1. PW 2009-56 IDOT Highway Permit and Resolution—Countryside Redevelopment - authorize Mayor and City Clerk to execute 2. PW 2009-57 Aldi's Redevelopment—Amended and Restated Permanent Traffic Signal Easement - authorize Mayor and City Clerk to execute 3. PW 2009-58 Game Farm/Somonauk Street Project a. MFT Appropriation Resolution - authorize City Clerk to execute b. Contract for Professional Services for Right-of-Way and Easement Acquisition - approve proposal from Jay M Heap &Associates, Ltd. in an amount not to exceed$85,000.00 and authorize Mayor to execute 4. PW 2009-59 Kendallwood Estates—Benjamin Street Paving and Landscaping- approve as presented 5. ADM 2009-35 Monthly Treasurer's Report for April 2009 6. ADM 2009-36 Resolution of Authorization to Close Castle Bank Checking Account No. 80515096 for the North Water Tower Project - authorize Mayor and City Clerk to execute 7. ADM 2009-37 Resolution Approving an Identity Theft Prevention Program (Red Flag Rules)— authorize Mayor and City Clerk to execute 8. ADM 2009-38 Ordinance Declaring the City's Compliance with the Prevailing Wage Act - authorize Mayor and City Clerk to execute 9. ADM 2009-40 Resolution Approving a Policy on Developer Deposits - authorize Mayor and City Clerk to execute 10. CC 2009-57 Ordinance Approving Regional Stormwater Management Facility Easement Agreement- authorize Mayor and City Clerk to execute Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions). Minutes of City Council—May 12, 2009 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 389,900.43 (vendors) $ 277,992.50 (payroll period ending 6/6109) $ 667,892.93 (total) City Council Meeting Agenda June 23, 2009 Page 3 Reports: Mayor's Report: 1. CC 2009-58 OSLAD Grant Applications for 2009 a. Resolution of Authorization to Apply for OSLAD Grant for Bristol Bay Regional Park Development b. Resolution of Authorization to Apply for OSLAD Grant for Bollweg Property Acquisition City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: Cit y Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1. PW 2009-55 Kendall Marketplace— Earthwork LOC Expiration 2. CC 2009-59 Fox Road LAPP Project—Change Order#1 Economic Development Committee Report: 1. PC 2009-01 Ordinance Amending the Code of Ordinances Providing for the Regulation of Wind Energy Systems— Second Reading Public Safety Committee Report: 1. No report. Administration Committee Report: 1. No report. City Council Meeting Agenda June 23, 2009 Page 4 Additional Business: Executive Session: 1. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ------------------------- --- ---- --- ;PUBLIC WORKS] L--------------------------------------- --------------------- --------------------- Committee Departments Liaisons Chairman: Alderman Plocher Water and Sewer Park Board Vice-Chairman: Alderman Gilson Streets and Alleys YBSD Committee: Alderman Munns Sanitation and Waste Committee: Alderman Teeling --------------------------------------------------- - ;ECONOMIC DEVELOPMENT Committee Departments Liaisons Chairman: Alderman Golinski Planning & Building & Zoning Plan Commission Vice-Chairman: Alderman Spears Business & Economic Dev. Yorkville Econ. Dev. Corp. Committee: Alderman Werderich Kendall Co. Plan Commission Committee: Alderman Sutcliff Aurora Area Convention & Visitors Bureau PUBLIC SAFETY, ________________ ----------- —- --_ Committee Dartments Liaisons Chairman: Alderman Werderich Police Human Resource Comm. Vice-Chairman: Alderman Munns Schools School District Committee: Alderman Spears Public Relations KenCom Committee: Alderman Plocher -------------------------------------- ADMINISTRATION .L--------- ---------------------_--= Committee Departments Liaisons Chairman: Alderman Sutcliff Finance Metra Vice-Chairman: Alderman Teeling Public Properties Library Committee: Alderman Gilson Personnel Cable Consortium Committee: Alderman Golinski UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, June 23, 2009 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2009-56 IDOT Highway Permit and Resolution—Countryside Redevelopment ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2009-57 Aldi's Redevelopment—Amended and Restated Permanent Traffic Signal Easement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2009-58 Game Farm/Somonauk Street Project a. MFT Appropriation Resolution b. Contract for Professional Services for Right-of-Way and Easement Acquisition ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2009-59 Kendallwood Estates--Benjamin Street Paving and Landscaping ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. ADM 2009-35 Monthly Treasurer's Report for April 2009 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 6. ADM 2009-36 Resolution of Authorization to Close Castle Bank Checking Account No. 80515096 for the North Water Tower Project ❑ Approved: Y _ N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 7. ADM 2009-37 Resolution Approving an Identity Theft Prevention Program (Red Flag Rules) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 8. ADM 2009-38 Ordinance Declaring the City's Compliance with the Prevailing Wage Act ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 9. ADM 2009-40 Resolution Approving a Policy on Developer Deposits ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 1 0. CC 2009-57 Ordinance Approving Regional Stormwater Management Facility Easement Agreement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. City Council—May 12, 2009 ❑ Approved ❑ As presented ❑ As amended -----_---------------------------------------------------------------------------------------------------------------------------------- BILL LIST: ----------------------------------------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2009-58 OSLAD Grant Applications for 2009 a. Resolution of Authorization to Apply for OSLAD Grant for Bristol Bay Regional Park ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes b. Resolution of Authorization to Apply for OSLAD Grant for Bollweg Property Acquisition ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2009-55 Kendall Marketplace—Earthwork LOC Expiration ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2009-59 Fox Road LAPP Project—Change Order#1 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PC 2009-01 Ordinance Amending the Code of Ordinances Providing for the Regulation of Wind Energy Systems— Second Reading ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ---------------------_--------------------------------------_---------------------------------__----------------------------------------- `.�Efl C/Tf Reviewed By: Agenda Item Number o Legal ❑ C A #1 8 1836 HST. �c Finance ❑ �— Engineer © Tracking Number City Administrator ❑ a° �• 4 Consultant ❑ PW 2009-56 LE kv ❑ Agenda Item Summary Memo Title: Countryside Redevelopment --IDOT Highway Permit & Resolution Meeting and Date: City Council – 6123109 Synopsis: The developer has requested that the city pre-approve the IDOT highway pennit application and corresponding resolution for a new entrance from Route 47. 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 c►ry Memorandum esr fib 1836 To: Brendan McLaughlin, City dm' ' tr 0 From: Joe Wywrot, City Engineer �5s p CC: Lisa Pickering, Deputy City lerk K�ah Cw" `2 ALE Date: June 9, 2009 Subject: Countryside Redevelopment— IDOT Highway Permit Attached find a letter from the Countryside Mall developer's consulting engineer requesting that the City Council pre-approve the permit application for the IDOT highway permit for the redevelopment of the Countryside Mall property. This permit will be for a new entrance from Route 47 located directly opposite the Aldi driveway, and includes construction of turn bays and a traffic signal. While the entrance roadway will be private, IDOT requires that the city be the permittee. The developer would like to construct these improvements this calendar year. They anticipate IDOT plan approval soon but don't want to take the chance of losing a month of construction time due to missing a city meeting agenda, therefore they are requesting pre-approval of the permit application and corresponding resolution before we actually receive the IDOT permit package. The attachments are examples of similar permit paperwork that we have approved in the past. By passing the resolution the city is guaranteeing that the work will be performed satisfactorily. We in turn will require the developer to provide a guarantee to us in the form of a bond that they will perform the work and satisfy IDOT's requirements. We will not submit the formal permit application to IDOT until we receive a satisfactory bond and insurance certificate. I recommend that City Council authorize the Mayor and City Clerk to sign the IDOT highway permit application when we receive it, and also adopt the corresponding resolution. Please place this item on the Public Works Committee agenda of June 16, 2009 for consideration. SEC Group, Inc. Engineering ■ Surveying ■ Planning v Landscape Architecture May 28, 2009 Mr.Joseph Wywrot United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Countryside Redevelopment Route: Illinois Route 47 and U.S. Route 34 Location: Northwest Quadrant County: Kendall Permit Log: L-9544 SEC Job No.:TRIL-050220.02 Dear Mr. Wywrot: Enclosed for your review,please find a copy of the Roadway Plans and Specifications for the subject project. Per your conversation with Andy Svihra on May 27`h, 2009 please process the plans for permit acceptance. If you have any questions or need additional information please do not hesitate to call myself or Andy Svihra at(630)553-7560. Sincerely, SEC GROUP, INC. AALt)—�A jL4� Matthew L. Svihra, E. I. Civil Engineer II MLS/PAG Enclosure L:Vobs\SmithU0051050220 Countryside Redevelopment%050220.02 TRIL Countryside Redevelopmentl—Correspondeneellctten\050220.02-Final Plans Submittal-Yorkville-05282009.doc 651 Prairie Pointe Drive,Suite 201,Yorkville,Illinois 60560 t. 630.553.7560 f. 630.553.7646 wwwsecgroupinc.com l 11finois Department of Transpoltabon Highway Permit District Serial No. L-9g10 City of Yorkville for H & !Oevelopmen! (We) cio Koziol Engineering 170n Doden Avenue (Name of ApptoUnl} (Malling Addrwii) Lisle IL 60532 Hereinafter termed the Applicant, (City) (State) request permission and authority to do certain work herein described on the right-of-way of the State Highway known IL Route -471126 Section From Station to Station Kendall Countv. The work is described In detail on the attached sketch and/or as follows: Located at the Southeast Quadrant of Routes 471126. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, two bituminous surfaced commercial entrances and related improvements as shown on the attached plans which become a part hereof, The appiicant shall notify John Humenick, Field Engineer, Phone: 830-553-7337 or the District Permil Section, Phone: 815-434-8490 twenty-four hours in advance of starting any work covered by this permit. Aggregate material shall be obtained from a state approved stockpile and shalt be: SUB-BASE GRANULAR MATERIAL TYPE A (CA-6 GRADATION), (SEE THE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be Completed within 180 days after the date [his permit Is ?parovedd,otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit is hereby accepted and Its provisions agreed to this Day of 20 1A1--s Signed ApPMC2nt Mailing Address Willing Address CRY Stale City Slate SIGN AND RETURN TO: R gian E=ngineer 700 East Norris Drive, Ottawa, IL 61250 Approved this day of 20 Department of Transportation cc Applicant (2) Field Engineer Final Inspe4tior. BY, 6epLmyDp bawalMighrrayr,RotWnEnrainw First. The Applicant represents all pan_., in interest and shall furnish material, all work, pay all costs,and shall in a reasonable length of time restore the damaged portions of the highway to a condition similar or equal to that existing before the commencement of the described wort-,, including any seeding or sodding necessary. Second: The proposed work shall be located and constructed to the satisfaction of the Region Engineer or his duly authorized representative_ No revisions or additions shall be made to the proposed work on the right-cf-way without the written permission of the Region Engineer. Third: The Applicant shall at all times conduct the work In such a manner as to minimise hazards to vehicular and pedestrian traffic. Traffic controls and work site protection shall be in accordance with the applicable requirements of Chapter 6 (Traffic Controls for Highway Construction and Maintenance Operations) of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways and with the traffic control plan if one is required elsewhere in the permit All signs, barricades, flaggers, etc_, required for traffic control shall be furnished by the Applicant. The work may be done on any day except Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Work shall be done only during daylight hours. Fourth: The work performed by the Applicant is for the bona fide purpose expressed and not for the purpoL-c nor will it result in, the parking or servicing of vehicles on the highway right-of-way. Signs located on or over banging the right-of-way shall be prohibited. Fifth: The Applicant, his successors or assigns, agrees to hold harmless the State of Illinois and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. Sixth: The Applicant shall not trim, cut or in any way disturb any trees or shrubbery along the highway without the approval of the Region Engineer or his duly authorized representative. Seventh: The State reserves the right to make such changes, additions, repairs and relocation's within its statutory limits to the facilities constructed under this permit or their appurtenances on the right-of-way as may at any time be considered necessary to permit the relocation, reconstruction, widening or maintaining of the highway and/or provide proper protection to life and property on or adjacent to the State right-of-way. However. in the event this permit is granted to construct, locate, operate and maintain utility facilities on the State right-of- way, the Applicant, upon written request by the Region Engineer, shall perform such alterations or change of location of the facilities, without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred, Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the Applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work. Ninth: The Construction of access driveways is subject to the regulations listed in the"Policy on Permits for Access Driveways to State Highways.„ If, in the future, the land use of property served by an access driveway described and constructed in accordance with this permit changes so as to require a higher driveway type as defined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be required to conform to the regulations listed in the policy_ Utility installations shall be subject to the "Policy on the Accommodation of Utilities on Right-of-Way of the Illinois State Highway System." Tenth: The Applicant affirms that the property lines shown on the attached shent(s) are true and correct and binds and obligates himself to perform the operation in accordance with the description and attached sketch and to abide by the policy regulations. SPECIAL PROVISIONS The state right of way shall be left in good condition, (No advertising matter shall be placed on the state right of tivar+l, The petilloner, their successors, or assigns, shall maintaln that portion of the driveway on state right of way in such a manner satisfactory to the department, otherwise the department will maintain the shoulders included in the entrance driveways to the same standard that exists on adjacent shoulders, and if necessary, such areas will be restored to the original cross section and earth shoulders. All turf areas which are disturbed during the course of this work shall be restored to the original line and grade and be promptly seeded in accordance with Standard State Specifications. Whenever any of the work under this permit Involves any obstruction or hazard to the free flow of traffic in the normal traffic lanes. plans for the proposed method of traffic control must be submitted to and approved by the Regional Engineer at least 72 hours, and preferably longer, before the start of work. All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shovrn in the Uniform Manual are minimums. Many locations may require additional or supplemental devices. The petitioner agrees to furnish the necessary barricades, lights, and flagmen for the protection of traffic. Traffic shall be maintained at all times. The applicant agrees to notify the Department of Transportation upon completion of work covered under the terms and conditions of this permit so that a Final inspection and acceptance can be made. To avoid any revisions to the work completed under the highway permit, the applicant should insure the conditions and r�sKrictions of this permit, the applicable supplemental permit specifications and permit drawing are fully understood.. If this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy of this highway permit, as the applicant%mill be responsible for the contractor's work. A copy or approved permit shall be present on job site at all times the work is in progress. The department reserves the right to reject or accept any contractor hired by the applicant. No person.firm, corporation or institution, public or private, shall discharge or empty any type of sewage, including the effluent From septic tanks or other sewage treatment devices, or any other domestic, commercial or industrial waste, or any putrescible liquids, or cause the same to be discharged or emptied in any manner into Open ditches along any public street or highway, or into any drain or drainage structure installed solely for street or highway drainage purpc:ses. A!! excavations shall be promptly backfilled, thoroughly tamped and any excess material removed from the state right of way (including rock exposed during backfilling operations), Mounding or crowning of backfiill will not be permitted. All material or equipment stored along the highway Shall be placed as remote as practical from the edge of pavement in a manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance. If material is to be stored on the highway right of way for more than two weeks prior to installation, written approval must be obtained from the department. RESOLUTION (a,^ WHEREAS, the United City of Yorkville is located in the county of Kendall, state of Illinois, wishes to construct Nvo commercial entrances and related improvements along Illinois 471126 which by law comes under the jurisdiction and control of the Department of Transportation of the state of Illinois, and WHEREAS, a permit from said department is required before said work can be legally undertaken by said United City of Yorkville; now THEREFORE, be It resolved by the United City of Yorkville, county of Kendall, state of Illinois. FIRST: That we do hereby request from the Department of Transportation, state of Illinois, a permit authorizing the United City of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans, SECOND: Upon completion of the commercial entrances by the developer and acceptance by the city, the city ouarantees that all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation of the state of Illinois. Further, the city will hold the state of Illinois harmless for any damages that may occur to persons or property during such work. The city will require the developer to obtain a bond and a comprehensive general liability insurance policy in acceptable amounts and will require the developer to add the Stale of Illinois as an additional insured an both policies. THIRD: That we hereby state that the proposed work4, is not, (delete one) to be performed by the employees of the United City of Yorkville. FOURTH: That the proper officers of the United City of Yorkville are hereby instructed and authorized to sign said permit in behalf of the United City of Yorkville, N .c-c,*A .,L4Lr i , hereby certify the above to be a City Clerk true copy of the resolution passed by the Clty Council of the United City of Yorkville, county of Kendall, State of Illinois. Dated this r-'�oS� day A.D. 2006 (signature) (CORPORATE SEAL) RESOLUTION Reviewed By: Agenda Item Number =� � Legal ❑ CA #2 Finance ❑ EST �.� _ � isas Engineer IN Tracking Number C-9 City Administrator ❑ Consultant ❑❑ PW 2009-57 Agenda Item Summary Memo Title: Aldi's Redevelopment—Revised Traffic Signal Easement Agreement Meeting and Date: City Council —6/23109 Synopsis: This revised easement agreement replaces a previous agreement primarily due to comments received from IDOT. 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 Ad ini tr t .0 From: Joe Wywrot, City Engineer a;A L p CC: Lisa Pickering, Deputy City Cl <<E°;y�V=` Kathy Orr, City Attorney Date: June 9, 2009 Subject: Aldi's Redevelopment—Revised Traffic Signal Easement Attached find one copy each of a recorded easement and a revised easement for traffic signals at the Aldi driveway on Route 47. The recorded easement was approved by the City Council on April 28, 2009. Afterwards, the easement had to be revised to cover a larger area as required by IDOT. The amended and restated traffic signal easement establishes the larger easement area and cancels the previously recorded easement. Aldi also made some minor revisions to the text of the agreement, and added Ianguage regarding the location of the Aldi store sign. The language regarding the sign is acceptable because it only allows Aldi to exempt out a portion of the easement for the sign, and does not allow Aldi to deviate from other city requirements that affect the sign location. I recommend that this amended and restated traffic signal easement agreement be approved. Please place this item on the Public Works Committee agenda of June 16, 2009 for consideration. �E Lk COVER SHEET FOR RECORDING PURPOSES TRAFFIC SIGNAL EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT Aldi Inc., an Illinois corporation ("Grantor"), in consideration of the sum of Ten and 001100 Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the United City of Yorkville, a Municipal Corporation, its successors, and assigns (collectively"Grantee"), in consideration of the covenants to be kept and performed by the Grantee herein, certain easements, upon and across certain portions of the tract of land described in Exhibit A (the "Aldi Property"), attached hereto and made a part hereof, and as more particularly depicted in the respective attached exhibits, as more particularly set forth herein: 1 Detector Loop Easement. Subject to the terms and conditions set forth in this Traffic Signal Easement Agreement, Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive, perpetual easement and right-of way, to the extent needed in accordance with good construction practices, to enter upon, over, across and through certain portions of the Grantor's property, as more particularly depicted and described as the "Detector Loop Easement" on Exhibit B, attached hereto. Said easement is granted for the sole purposes of installing, operating, and maintaining, at the Grantee's sole cost and expense, and at no cost or expense to Grantor, certain loop detector(s) and/or loop detector systems, as are necessary for the operation of a certain traffic signal at the intersection of State Route 47 and the Aldi Property. Said grant of easement is made under the additional following terms and conditions; The Grantor hereby grants to the Grantee the right of ingress and egress to said Detector Loop Easement Area. The Grantee shall: (1) restore the surface of said Detector Loop Easement to the condition thereof existing at the time of entry upon same, including repaving of driveways and parking areas to a depth matching the existing pavement, and shall leave the surface of such easement level and free of all debris, rocks in excess of one inch (1"), and gravel, and providing a covering of a minimum of six inches (6") of clean, black, fertile top soil and replanting of grass, shrubs and trees whenever disturbed, (2) replace all lot lines and property line stakes moved or disrupted in the course of performing working connection with the purpose of which the easement herein is granted (to be completed by a surveyor licensed in the State of Illinois). Further, said Detector Loop Easement shall be (1) treated as a covenant running with the land, and (2) binding upon the successors, heirs, and assigns of each party hereto. [Signature Page Following] IN WITNESS WHEREOF, the Grantors and Grantee-have hereunto set their hands and seals this day of , 2009. United City of Yorkville, Aldi Inc, a muni i I torpor tion an I11i or ti By: By: - Valerie Burd, Mayor Bather Moore, V ce President By. ilsc wski, Clerk STATE OF ILLINOIS ) K.r�Daw ) COUNTY OF G#=Y ) The foregoing instrument was acknowledged before me this 7 day of MAY , 2009, by Valerie Burd, Mayor of the United City of Yorkville, and Jackie Milschewski, Clerk of the United City of Yorkville, on behalf of said municipal corporation. Notary Public USA PIC1Q"G NOTARY KAW-STATE OF UWJIS WCOMISMEWIRES.12MM2 STATE OF ILLINOIS ) COUNTY OF GRUNDY ) The foregoing instrument was acknowledged before me this day of Av , , 2009, by Heather M. Moore, Vice President of Aldi Inc., an Illinois corporation, on behalf of said corporation. Iwo r k-", No ary Public Prepared by and return to: =COLEBANK ANK Kayne Law Group ILUH01s Attn: Ryan Crossley 1-30-2012 612 Park Street, Suite 200 Columbus, Ohio 43215 (614) 223-8800 Exhibit A LOT 1 IN HATCHER COMMERCIAL DEVELOPMENT, YORKVILLE, KENDALL COUNTY, ILLINOIS. Exhibit B Page 1 of 2 DETECTOR LOOP EASEMENT EXHBIT ti Q � z S82-34- "E{MdcR) '' 189.97'{�IdcR) 0 2• 50, f• SCALE 1. 50. z° �f�v QOpi R i V l Z N �(V'l .� POINT OF BEpN O S82'3 E 4'05" GINNING 61.50' DET rP 0 3 ECTOR LOOP o y o° �Sn EASEMENT w ry N ~60.00r .1 rvr. N82 34'05"W +R n• N tue2'34'OS"�y{MdrR) o Z Ln LOT MATCHER COMMERCIAL DEVELOPMENT PREPAMoraR 0 TXDETECTOR LOOP EASEMENT EXHBIT IJ12 tilu.Wn.'rR,.�mmcmw6 AMM un TrT�u IMMMI N TIT,"" NAPERYU41 SPRINMEID.L HATCHER COMMERCIAL DEVELOPMENT cwS011iN�ND,IN aco.n caumam.0H :oRtwORM IR GRIF711K 41 OEW401 LO YORKVILLE. KENDALL COUNTY, ILLINOIS 3RANN®YCPlY 0&1-UWW °L=oo 8R2 srT=s aEVZVOV By MOs J=:W-MMU Exhibit B Page 2 of 2 DETECTOR LOOP EASEMENT EXHBIT LEGAL DESCRIPTION Qr C N M PART OF LOT 1 IN HATCHER COMMERCIAL DEVELOPMENT, BEING A SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 1, SAID LINE ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE NO. 47, SAID POINT BEING 230.98 FEET SOUTH OF THE NORTHWESTERLY CORNER THEREOF AS MEASURED ALONG SAID WESTERLY LINE; THENCE SOUTH 82 DEGREES 34 MINUTES 05 SECONDS EAST, A DISTANCE OF 61.60 FEET; THENCE SOUTH 07 DEGREES 25 MINUTES 55 SECONDS WEST, A DISTANCE OF 24.00 FEET; THENCE NORTH 82 DEGREES 34 MINUTES 05 SECONDS WEST, A DISTANCE OF 60.00 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID WESTERLY LINE NORTH 03 DEGREES 36 MINUTES 27 SECONDS EAST, A DISTANCE OF 24.05 FEET TO THE POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PFM ABED FOR WEVER BOOS CONSULTANTS DETECTOR LOOP EASEMENT EXHBIT +8I1 N.MILL nor,SUM&NAM"L%FLUN ra Rw LEGAL DESCRIPTION uT 0 rt.4a48 MAIN w naltt7.w NAPEFMUCLL 5PNINMEML SpU1N BEND.?h HATCHER COMMERCIAL DEVELOPMENT DRIFF�IPH IN �DDEERVERGO FORT"mof,TX YDRMALLE, KENDALL COUNTY, ILLINOIS CnA.n�I3-cPV aAr_� ° ==DD srz s :5 AEVEV*33YM0B t0.V'r-]7G,0V4 AMENDED AND RESTATED PERMANENT EASEMENT* *This Amended and Restated Permanent Easement is being recorded to cancel and supersede that certain erroneously tiled Traffic Signal Easement Agreement, dated May 7, 2009, and recorded May 14, 2009, as document 200900010975, in the Recorders Office of Kendall County, Illinois. This Amended and Restated Permanent Easement hereby replaces said Traffic Signal Easement Agreement. KNOW ALL MEN BY THESE PRESENTS: THAT Aldi Inc., an Illinois corporation ("Grantor"), in consideration of the sum of Ten and 001100 Dollars ($10.00)and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the United City of Yorkville, a Municipal Corporation, its successors, and assigns (collectively"Grantee"), in consideration of the covenants to be kept and performed by the Grantee herein, certain easements, upon and across certain portions of the tract of land described in Exhibit A (the "Aldi Property"), attached hereto and made a part hereof, and as more particularly depicted in the respective attached exhibits, as more particularly set forth herein: (1) Traffic Signal Easement. Subject to the terms and conditions set forth in this Traffic Signal Easement Agreement, Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive, perpetual easement and right-of way, to the extent needed in accordance with good construction practices, to enter upon, over, across and through certain portions of the Grantor's property, as more particularly depicted and described as the Traffic Signal Easement Area" on Exhibit B, attached hereto. Said easement is granted for the sole purposes of installing, operating, and maintaining, at the Grantee's sole cost and expense, and at no cost or expense to Grantor, traffic signals and appurtenances, as are necessary for the operation of a certain traffic signal at the intersection of State Route 47 and the Aldi Property. Notwithstanding anything to the contrary in this Permanent Easement, Aldi, for itself, its successors, and assigns, hereby reserves and excepts out from the Traffic Signal Easement Area, an area, the size and location of which will be determined at Aldi's sole and reasonable discretion, to, at its cost, install, operate, maintain, replace, and relocate the store sign for the Aldi Property. Said grant of easement is made under the additional following terms and conditions: The Grantor hereby grants to the Grantee the right of ingress and egress to said Traffic Signal Easement Area. The Grantee shall: (1) restore the Traffic Signal Easement Area to the condition thereof existing at the time of entry upon same, including (i) repaving of driveways and parking areas to a depth matching the existing pavement, (ii) leaving the surface of such easement level and free of all debris, rocks in excess of one inch (1"), and gravel, (Iii) providing a covering of a minimum of six inches (6") of clean, black, fertile top soil and replanting of grass, shrubs and trees whenever disturbed, and (iv) repairing or replacing any improvements on the Aldi Properly, whenever disturbed by Grantee's entry upon the Aldi Property, to the condition existing at the time of Grantee's entry upon same, including without limitation the store sign, storm drains and appurtenances on the Aldi Property, (2)replace all lot lines and property line stakes moved or disrupted in the course of performing working connection with the purpose of which the easement herein is granted (to be completed by a surveyor licensed in the State of Illinois). Further, said Traffic Signal Easement Area shall be (1) treated as a covenant running with the land, and (2) binding upon the successors, heirs, and assigns of each party hereto. IN WITNESS WHEREOF, the Grantors and Grantee have hereunto set their hands and seals this day of , 2009. United City of Yorkville, Aldi In a municipal corporation an 1111By: By:Valerie Burd, M ayor ice President By: Jackie Milschewski, Clerk STATE OF ILLINOIS ) COUNTY OF KENDALL } The foregoing instrument was acknowledged before me this day of , 2009, by Valerie Burd, Mayor of the United City of Yorkville, and Jackie Milschewski, Clerk of the United City of Yorkville, on behalf of said municipal corporation. Notary Public STATE OF ILLINOIS } ) COUNTY OF GRUNDY } j LThe foregoing instrument was acknowledged before me this `t�i—day of tnl�- , 2009, by Heather M. Moore,Vice President of Aldi Inc., an Illinois corporation, on behalf of said corporation. Notary Public SHERII L. CGLEEANK �'�E WM 1#l�iW2 Exhibit A LOT 1 IN HATCHER COMMERCIAL DEVELOPMENT, YORKVILLE, KENDALL COUNTY, ILLINOIS. Prepared by and return to: Kayne Law Group Attn: Ryan Crossley 612 Park Street, Suite 200 Columbus, Ohio 43215 (614)223-8800 Exhibit B Pagel of 2 TRAFFIC SIGNAL EASEMENT EXHIBIT r o z 582 3 E(M&R 489 9T(M&R) ) A � n — v SCAI.B 1' - 50' O z r n_ m N En O M 0 p M n FYi U] z ti0ar~ 58145'SO.E ,rP� ;7,80, TRAFMc EASEMENT AC a�,.n N82'�4005"W I Q 58.90' 3 POINT OF BEGINNING n 471. (M&R %0 n 7g' N82'34'G5"W(M&R) do Z En LOT 2 HATCHER COMMERCIAL DEVELOPMENT PREPOMFM awi�r+ :,�uo+ECaacye�e, r.r+rnrHp;7}7+.mq LAYOUT EF5EIAMEXH5115 PATETIME Ma,Dd MM }SMe PLOt7Ed 6r•, —. TRAFFIC SIGNAL EASEMENT EXHIBIT lou n mu mar,.awn�NAPERMu,ILLUM m 6y 717�Ln ■7 717ABW 11ApERVILLE.0. sPAttiQF�LD,LL SOUTH BEND,W i HATCHER COMMERCIAL DEVELOPMENT amts w o�H oC' FoRf vInRMD.W YORKVILLE, KENDALL COUNTY, ILLINOIS DRAW"Brtr�r+ DATECIMM I FIEEWD SKLWEl- Exhibit B Page 2 of 2 TRAFFIC SIGNAL EASEMENT 1EIMBIT LEGAL DESCRIPTION >r AK 9 t yY n p THAT PART OF LOT 1 IN HATCHER COMMERCIAL DEVELOPMENT, BEING A SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, SAID POINT ALSO BEING ON THE CURRENT EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47 THENCE NORTH 03 DEGREES 36 MINUTES 27 SECONDS EAST, ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 62.23 FEET; THENCE SOUTH 45 DEGREES 30 MINUTES 48 SECONDS EAST, A DISTANCE OF 32.83 FEET: THENCE SOUTH 81 DEGREES 45 MINUTES 50 SECONDS EAST, A DISTANCE OF 34.80 FEET; THENCE SOUTH 03 DEGREES 13 MINUTES 59 SECONDS WEST, A DISTANCE OF 41.93 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1; THENCE NORTH 82 DEGREES 34 MINUTES 05 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 59.90 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PREPAF=FOR l7CA•i[Xl f P++CJE:-2:'-!l.+_=r•••:-atr,••va:.�a .a l+raUt i,:Ec¢n*MfB fF P—`3i a= WHAM B009 CONSULTWM TRAFFIC SIGNAL EASEMENT E%HIBTP l•lE K raL.TOW,GUM&,EAPEIM1.Moons GEM LEGAL DESCRIPTION 670 """` E� 7174m ffaq NAPERVRIE,LL SPRUMFIEID.o_ eovm BEND,w eKMAGD.B. COLUMBUS,cm HATCHER COMMERCIAL DEVELOPMENT DRIFFITN IN 'DENVER DD FORT WOWK T% YOI�CVILLE, KENQALL COUNTY, lLllNOlS DRAYM BY:CFW DATE:D307AK FILE:Dn s►LpM-. REVIEWED YY31De GAVA917•S1"M D C�Ty Reviewed By: Agenda Item Number Z' O Legal ❑ CA #3 Finance EST, yeas ❑ ��— Engineer � Tracking Number City Administrator ❑ 0. ?� Consultant ❑ PW 2009-58 Agenda Item Summary Memo Title: Game Farm/Somonauk Street Project-- Professional Services for ROW and Easement Acquisition Meeting and Date: City Council -6/23/09 Synopsis: Recommend approval of proposal from Jay M. Heap & Associates, Ltd. in the amount of$85,000 and MFT appropriation resolution in the amount of$42,500. 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: CITE, J� 0 Memorandum EST. 1 1836 To: Brendan McLaughlin, City Aemin s at 4 f� b From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City rk Sue Mika, Finance Director <LE Date: June 11, 2009 Subject: Game Farm/Somonauk Street—Professional Services for ROW and Easement Acquisition Attached find two proposals from consultants to perform appraisal, review appraisal, and negotiation services for our Game Farm Road/Somonauk Street project. This project involves right-of-way and/or easement acquisition for 33 parcels of land. Both firms are approved by IDOT for these services, but we have an existing relationship with Jay M. Heap & Associates, Ltd. Their proposal also happens to be significantly lower than Matthewson, therefore I recommend that we accept the proposal of Jay M. Heap & Associates, Ltd. in the amount of $85,000.00. This work is funded 50% through the Kane/Kendall Council of Mayors. Also attached find an MFT appropriation resolution in the amount of$42,500.00 to pay for the city's share of the cost. To expedite the acquisition process, we will move individual parcels along as the appraisals are completed, and not wait for all appraisals to be completed before moving on to the next step. IDOT requires that all parcels be certified as acquired by early December in order for the construction project to make the January 2010 IDOT letting. While it is possible to meet this timeframe, it is also possible that extended negotiations with one or more property owners may delay the letting date. If the letting date gets pushed back too far, we will need to decide whether or not to reschedule construction for the following calendar year. We also need to be aware that there is funding cap of about $2,500,000 federal dollars available for this project. The total estimated cost exceeds $5,000,000 therefore we will need to borrow to pay for our share of the cost. This may also be a factor in deciding whether we will construct this project next year. Please place this item on the June 16, 2009 Public Works Committee agenda for consideration. IFFKAS DepaiftmeM Resolution for Improvement by Tfa Municipality Under the Illinois Of f15� 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 Game Farm Road US Route 34 Somonauk St. Somonauk Street Game Farm Road Colton St. BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of appraisal, review appraisal, and negotiator services for right-of-way and easement acquisition. and shall be constructed NIA wide and be designated as Section 03-00031-00-FP 2. That there is hereby appropriated the(additional ® Yes ❑ No) sum of forty-two thousand, five hundred and 001100 Dollars ( $42,500.00 )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. Authorized MFT Expenditure 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 June 23, 2009 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City,Town,or Village Clerk Page 1 of 1 BLR 09111 (Rev.7105) Printed on 6/11/2009 7:51:02 AM JAY M. HEAP & ASSOCIATES, LTD REAL ESTATE APPRAISERS & CONSULTANTS 310 W. JEFFERSON ST., MORRIS, IL 60450 Phone: (815) 942-2320 - Fax: (815) 942-2642 June 1, 2009 Mr. Joseph Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, II. 60560 Re: Appraisal Proposal for Game Farm Road/Somonauk Street Appraisal/Negotiation Services Dear Mr. Wywrot: Pursuant to your written request, l have arrived at a fee proposal for preparing market value appraisals, appraisal reviews, negotiations and waivers of real estate for the above referenced project. The effective date of value will be the date of inspection, unless otherwise specified. We reserve the right to change the type of reports proposed if after contacting the owner, completing the necessary analysis or changes in engineering occurs that could impact on values for the part taken, temporary easements or permanent easements. Any report type changes would require approval in format and any fee increases or decreases by both the United City of Yorkville and Jay M. Heap & Associates, Ltd. The estimated total cost of this project is ($85,000) Eight Five Thousand Dollars, subject to being supplied premise plats, preliminary title work and other items required to complete this assignment. Based upon the data received, we would be happy to discuss our proposal in greater detail, if necessary. The appraisals will be prepared in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP) as promulgated by the Appraisal Foundation, the Illinois Department of Transportation and in conformance with the Standards of Professional Practice and the Code of Ethics of the Appraisal Institute. It is our understanding that the United City of Yorkville will receive one original and one copy of our report and our office will not communicate any part of our analysis or findings to any other parties without first receiving written authorization from you as our client. Furthermore, by agreeing to the terms of this proposal, the United City of Yorkville acknowledges its obligation to pay all invoices within 30 days of receipt. Mr. Joseph Wywrot June 1, 2009 Page 2 The anticipated time frame for completion of this assignment would be determined at the time of engagement and receipt of all documents from the United City of Yorkville or its representatives but would be estimated not to exceed 150 days (October 30, 2009) to complete all appraisals and reviews. It is also necessary to quote you our hourly rate should any part of this project involve any special meetings, depositions, pre-trial conferences, court appearances, etc. They are all billed at $ 250 per hour or fractional part thereof for the appraiser, reviewer and negotiator. Thank you for the opportunity to submit this proposal to you. if you accept the terms of this proposal, please indicate so by signing below and returning to our office by registered mail. Sincerely, JAY HE P & ASSOCIATES, LTD. i J y e p President tate Ce ifiedlGeneral No.: IL 553.000212 Expires: 09-30-09 Terms Accepted by: Name Title Dated: PARCEL # NAME TAKE TE PE A FEE R FEE W FEE L!/FEE GF015 David B. &Joni L.Angle Yes Yes No $1,500 $750 N/A $1,500 GF016 Parkview Foundation No Yes No N/A N/A $500 $500 GF017 Robert J. &Ann J. McNelis Yes No No $1,500 $750 N/A $1,500 GF018 Michael L. & Katherine A. Heiman Yes No No N/A N/A $500 $500 GF019 Christopher L. & Kimberly L.Sullivan Yes No No N/A N/A $500 $500 GA020 Bristol-Kendall Joint Cemetery Association Yes Yes No $1,500 $750 N/A $1,500 GA021 Diane J. Conover Yes No No $1,500 $750 N/A $1,500 GA022 Diane J. Conover Yes No No $1,500 $750 N/A $1,500 GA023 Delores C. Lies, Gail C. Fisher, Gary L. & Diane Conover Yes Yes No $1,500 $750 N/A $1,500 GA024 Harvey A. & Margaret E. Knell Yes No No $1,500 $750 N/A $1,500 GA025 Harvey A. & Margaret E. Knell Yes No No N/A N/A $500 $500 GA026 Brian D. & Kimberly E. Morris Yes No No $1,500 $750 N/A $1,500 GA027 Herbert E. & Pamela A. Kleinwachter Yes No No $1,500 $750 N/A $1,500 GA028 Rainier& Melissa D. Galliano &Carole L. Studer Yes No No $1,500 $750 N/A $1,500 PARCEL # NAME TAKE TE PE A FEE R FEE W FEE N FEE GF001-TE Mark J. Hight No Yes No N/A N/A $500 $500 GF002-TE Ross & Elizabeth Wheeler No Yes No N/A N/A $500 $500 GF003-TE Robert E. Aters,Jr. & Misty Hyde No Yes No N/A N/A $500 $500 GF004 Jack L. Buckner Yes No No $1,500 $750 N/A $1,500 GF005 Sandy L.Judd & Bruce R. Steinke Yes No No $1,500 $750 N/A $1,500 GF006 Arlene Reinholdt Yes No No $1,500 $750 N/A $1,500 GF007 Greg Millen No Yes No N/A N/A $500 $500 GF008 Jay R. & Barbara Ann McCoy No Yes No N/A N/A $500 $500 GF009 Howard A&Joyce E.Johnson Yes No No $1,S00 $7S0 N/A $1,500 GF010 Robert Loftus Yes No No $1,500 $750 N/A $1,500 GF011 Yorkville Community School District#115 Yes No No N/A N/A $500 $500 GF012 Bonnie A. Hausler No Yes No N/A N/A $500 $500 GF013 Edward & Brenda G. Minick No Yes No N/A N/A $500 $500 GF014 Teresa R. Berard No Yes No N/A N/A $500 $500 PARCEL # NAME TAKE TE PE A FEE R FEE W FEE N FEE GA029 Martha L. Witt No Yes No N/A N/A $500 $500 GA030 Martha L. Witt No Yes No N/A N/A $500 $500 GA031 Gary L. Kritzbert Yes Yes No $1,500 $750 N/A $1,500 GA032 Gary L. &Susan Kritzberg Yes No No $1,500 $750 N/A $1,500 GA033 Elite Yorkville, LLC Yes Yes No $2,500 $1,250 N/A $2,500 $28,000 $11,000 $7,500 $35,500 $85,000 TAKE- LAND & IMPROVEMENTS ACQUIRED TE -TEMPORARY EASEMENT PE - PERMANENT EASEMENT A -APPRAISAL FEE R -REVIEW FEE W -WAIVER FEE N - NEGOTIATION FEE 100W ATHEWSON RIGHT OF WAY PROPOSAL FOR RIGHT OF WAY CONSULTING SERVICES THE UNITED CITY OF YORKVILLE 1. Proposal of Mathewson Right of Way Company whose address is 30 North LaSalle Street, Suite 1726, Chicago, Illinois 60602 hereinafter referred to as "MROWCO" for the furnishing to the United City of Yorkville, hereinafter referred to as "YORKVILLE," certain right of way consulting services for the acquisition of right of way for the Game Farm Road/Somonauk Street Project. 2. Negotiation services called for in this proposal will be conducted personally by the following named individual or individuals whose qualifications have been approved by the Illinois Department of Transportation. Mark D. Mathewson, Michael J. Martin, and Jack E.Petersen. 3. Said Negotiation Services shall be furnished by MROWCO on thirty-two (32) parcels* at the rate of$2,000.00 per parcel in accordance with the Negotiation Section 3.00 and Acquisition Section 4.00 of the Land Acquisition Policies and Procedures Manual of the Illinois Department of Transportation. The above parcel fee shall include all transportation, food, lodging, telephone, or any other operating expenses incurred by MROWCO in the performance of said services as herein set forth, excepting for those services set forth in Paragraph 10. (*) Each parcel shall consist of one or more basic parcels of land required as right of way for transportation purposes to be acquired in fee simple title, permanent easement or temporary construction easement,as deemed necessary for uses incidental to construction of the transportation facilities. • Mathewson Right of Way Company shall engage an Illinois Licensed Appraiser to prepare an Appraisal Waiver on fifteen (15) parcels in accordance with all relevant IDOT policies and procedures. These services shall be performed at the rate of $750.00 per parcel. • Mathewson Right of Way Company shall engage an Illinois Licensed Appraiser to prepare an Appraisal Report on seventeen (17) parcels in accordance with all relevant IDOT policies and procedures.These services shall be performed at the rate of$1,800.00 per parcel. • Mathewson Right of Way Company shall engage an Illinois Licensed Appraiser to provide Appraisal Review Services on seventeen (17) parcels in accordance with all relevant IDOT policies and procedures.These services shall be performed at the rate of$600.00 per parcel. • The sum total fees for all services shall not exceed $116,050.00. Yorkville—Game Farm Rd 1 Somonauk St Contract Proposal Page 1 of 7 4. YORKVILLE will furnish MROWCO with preliminary construction plans identifying required property. YORKVILLE will furnish title reports or evidence of ostensible ownership, plat of highways or parcel plats, and legal descriptions for each parcel. It is understood and agreed that YORKVILLE shall be considered to be the sole owner of all plats, legal descriptions, ownership and occupancy records, forms of deeds and easements, title reports, and any and all other material furnished, prepared or obtained by MROWCO during the course of providing its services for each parcel assigned. Upon termination of this contract for any cause or upon completion of the acquisition of each parcel or upon request of YORKVILLE when acquisition is determined to be by condemnation proceedings, MROWCO'S parcel file shall be returned to YORKVILLE. MROWCO'S parcel files shall be available for inspection or review of its contents by YORKVILLE, State or Federal Highway Administration personnel at any time. 5. MROWCO shall provide a copy of an Appraisal Waiver or an Appraisal Report and Appraisal Review Certification of each parcel to be submitted to YORKVILLE for approval. 6. Where the acquisition of a parcel involves the unlikely displacement of an owner or tenant occupant from a residence or any personal property thereof, MROWCO shall notify YORKVILLE no less than five (5) days prior to the intended date of initiation of negotiation for the parcel in order to coordinate the offering of relocation assistance and any payments to each displaced owner-occupant simultaneously with initiation of negotiations and to each displaced tenant-occupant within seven (7) days following initiation of negotiations for the parcel. 7. MROWCO shall make every reasonable effort to negotiate settlements for the acquisition of each parcel based on the approved appraisal amount or an administrative settlement amount approved by YORKVILLE. Upon closing each acquisition, MROWCO shall obtain and furnish YORKVILLE with curative documents necessary to satisfy any and all title objections or unrecorded interests in said parcel, (excepting that YORKVILLE shall obtain all subordination of utility easements) sufficient for approval of title by YORKVILLE and/or the YORKVILLE Attorney as required for YORKVILLE'S request for warrants in payment for each acquired parcel. 8. Pursuant to paragraph 3.05-9 of the Negotiations Chapter of the Land Acquisition Policies and Procedures Manual, no offers in excess of the approved appraisal amount shall be made by MROWCO without prior written approval of YORKVILLE. 9. In the event MROWCO, after having made every reasonable effort to negotiate with the owner of a parcel, is unable to obtain a settlement on the approved appraisal amount, MROWCO shall prepare and submit a written report summarizing the progress of negotiations to date together with a copy of MROWCO'S Negotiator's Report completed to date with the names and addresses of all interested parties. MROWCO'S Negotiator's Report shall also include its recommendation for further procedure towards Yorkville—Game Farm Rd 1 Somonauk St Contract Proposal Page 2 of 7 acquiring the parcel.YORKVILLE may elect to prepare and forward a Final Offer letter (with copy to MROWCO) to the owner of the parcel and thereafter request assignment of a Special Assistant Attorney General (or the City Attorney) to proceed with preparation of a condemnation petition. In any case, YORKVILLE reserves the right to require MROWCO to make additional negotiation contacts with the parcel owner up until the actual date of filing a petition to condemn the parcel. 10. It is understood that appearances in court and pretrial conferences may be required in relation to the negotiation services called for herein and it is agreed that such appearance or appearances shall be made upon request of YORKVILLE or itt trial counsel. In event of such services being requested, they will be provided as follows: (a) Rate each half day or fraction thereof for time spent in pretrial conference $800.00. (b) Rate each half day or fraction thereof for time spent in court$800.00. 11. MROWCO will not furnish a copy of any appraisal or the findings of results contained therein to any person or agency other than the property owner, unless authorized by YORKVILLE or upon court order. 12. Invoices for services will be submitted through the United City of Yorkville and will show the route, construction section, county, job number, project number, and parcel number or numbers. Invoices for services in connection with pretrial conferences and court testimony will show the items listed above and in addition, will include a statement of the nature of services performed and amount of time thereon. A progress report showing status of all active assigned parcels shall be supplied upon request. 13. MROWCO warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for it, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the contract. For breach or violation of this warrant, YORKVILLE shall have the right to annul this contract without liability. 14. MROWCO hereby certifies that if any conflict of interest arises in any of the parcels subsequently assigned to it, it will immediately inform YORKVILLE accepting this proposal and return all material fumished to it for reassignment to others. 15. Any dispute concerning a question of fact arising under this proposal shall be decided by YORKVILLE accepting this proposal and such decision shall be final and conclusive. Yorkville—Game Farm Rd 1 Somonauk St Contract Proposal Page 3 of 7 16, Changes in the work to be performed under this proposal may be made at any time in writing by YORKVILLE. If such changes justify an increase or decrease in the per parcel rate set forth herein, an equitable adjustment shall be made and this contract shall be modified accordingly. Documentation which is considered inadequate will be augmented and errors will be corrected upon request without additional cost. 17. YORKVILLE may terminate this proposal at any time for any cause by a notice in writing to MROWCO. In the event of such termination, payment will be made to MROWCO for the services which have been completed. Parcel negotiations in the process of completion shall be compensated for on an equitable basis and all incomplete parcel data collected in connection with them shall be turned over and become the property of YORKVILLE; provided, however, that should this proposal be terminated solely because the progress or quality of work is unsatisfactory as determined by YORKVILLE accepting this proposal, then no payment will be made or demanded by MROWCO for any negotiation services which have not been completed and delivered to YORKVILLE prior to the date of said termination. 18. MROWCO will save harmless YORKVILLE from all claims and liability due to activities of itself, its agents, and its employees and will comply with all Federal, State, and local laws and ordinances. 19. MROWCO agrees that this contract or any part thereof will not be sublet or transferred without the written consent of YORKVILLE accepting this proposal. 20. In the event this proposal is accepted, it shall constitute a contract as of the date it is approved by YORKVILLE or its authorized representative and shall be binding on MROWCO,its executors, administrators,successors or assigns,as may be applicable. 21. The undersigned in making the certifications required by this proposal in paragraphs 22 through 31 is making these certifications on behalf of the contracting entity and its officers and each individual authorized to do work for the Illinois Department of Transportation under this proposal. 22. It is understood and agreed that Appendices A and B shall be a part of this contract and MROWCO agrees to be bound by the terms and provisions contained herein. 23. MROWCO certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois nor that he has made admission of guilt of such conduct which is a matter of record, nor has any official, officer, agent, or employee of this company been so convicted nor made such an admission. The firm certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, nor has the firm made an admission of guilt Yorkville—Game Farm Rd I Somonauk St Contract Proposal Page 4 of 7 of such conduct which is a matter of record, nor has an official, agent, or employee of the fain committed bribery or attempted bribery on behalf of the firm and pursuant to the direction or authorization of a responsible official of the firm. 24. MROWCO under penalties of perjury, certifies that 20-3870734 is its correct Federal Taxpayer Identification number. It is doing business as a: Individual _Real Estate Agent Sole Proprietorship _Governmental Entity _,Partnership `Tax Exempt Organization (IRS 501 (a) only) X Corporation _Trust or Estate Not-for-Profit Corporation Medical and Health Care Services Provider Corporation 25. MROWCO, under penalty or perjury under the laws of the United States, certifies that, except as noted below, the company or any person associated therewith in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of federal funds: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; • has not been suspended, debarred, voluntarily excluded or detem-fined ineligible by any federal agency within the past three years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or the subject of a civil judgment by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. (INSERT EXCEPTIONS) None Yorkville--Game Farm Rd 1 Somonauk St Contract Proposal Page 5 of 7 26. MROWCO under penalties of perjury, certifies that as in accordance with Section 11.1 of the Illinois Purchasing Act, no person who is entitled to receive individually more than 7 112 percent of the total distributable income of the organization or together with their spouse or minor child more than 15 percent of the total distributable income of the organization is (i) an elected State official, a member of the General Assembly, an appointed office, a State or County employee; (ii) an officer or employee of the Illinois Toll Highway Authority or the Illinois Building Authority; or (iii) a spouse or minor child of any such enumerated person. Type of Ownership X Corporation _Non-Incorporated Individual _Partnership Other (Please specify) 27. MROWCO certifies that it is not in default on an educational loan as provided in Public Act 85-827. 28. MROWCO certifies that it is not barred from bidding on State of Illinois contracts because of violations of state law regarding bid rigging or rotating (P A 85-1295), Illinois Revised Statutes 1987 Supp.,Ch. 38,Par. 33E-3 and 33E-4. 29. MROWCO certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of this contract, or if a corporation, partnership, or other entity with 25 or more employees, have completed and signed a "DRUG-FREE WORKPLACE CERTIFICATION." 30. MROWCO agrees by signing this proposal to the provisions as written. This proposal shall be governed by the laws of the State of Illinois. 31. MROWCO shall maintain, for a minimum of five years after the completion of the contract, adequate books, records, and supporting documents to verify the amount, 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 contractor agrees to cooperate fully with any audit conducted by the Auditor General 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 or the County for the recovery of any funds paid by the State or the County under the contract for which adequate books, records, and supporting documentation are not available to support their purported disbursement. Yorkville—Game Farm Rd 1 Somonauk St Contract Proposal Page 6 of 7 Submitted this 2nd day of June, 2009. MATHE ON IGHT OF WAY COMPANY By: Mark . Mathewson President Accepted this day of THE UNITED CITY OF YORKVILLE By: Printed Name &Title Yorkville—Game Farm Rd 1 Somonauk St Contract Proposal Page 7 of 7 `,'op,D C/�.� Reviewed By: Agenda Item Number _ o -1% Legal CA #4 EST. �,�_ � lgas Finance ❑ Engineer L Tracking Number Q Al � � City Administrator El �0 Consultant ❑ PW 2009-59 El Agenda Item Summary Memo Title: Kendallwood Estates— Benjamin Street Paving & Landscaping Meeting and Date: City Council—6123109 Synopsis: Proposals have been received to pave and landscape the entrance road to the Kendallwood Estates development, to be funded by others. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approve proposals from Aurora Blacktop and Green Scene, subject to receipt of funding in the amount of 530,000 fro the developer or from the letters of credit. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: car o Memorandum 1836 To: Brendan McLaughlin, City Administrato From: Joe Wywrot, City Engineer p CC: Lisa Pickering, Deputy City 4rk 000 mar 4-E Date: Date: June 11, 2009 Subject: Kendallwood Estates—Benjamin Street Paving & Landscaping Currently the only entrance to the Kendallwood Estates development is off Van Emmon Road. The entrance roadway is called Benjamin Street. While most of Benjamin Street is paved, the first 140 feet south of Van Emmon is not, and the parkways along this road from Van Emmon to the top of the hill (about 500 feet) are severely eroded. Sections of curb have been undermined by the erosion, and mud has contaminated the aggregate roadway base. On May 15, 2009, we instructed the developer to repair the roadway, pave the binder course, and provide temporary landscaping along the parkways by June 30, 2009. I have spoken to Mr. Tomasik and he acknowledged that we have requested this work, although he did not indicate if he would or could comply. Consequently, I have requested proposals from three roadway contractors and three landscape contractors to have this work performed. I have received the following proposals: Roadway Aurora Blacktop, Inc. $13,141.00 1065 Sard Ave. Montgomery, Illinois 60538 Kendall County Blacktop, Inc. $14,648.00 P.O. Box 91 Plano, Illinois 60545 Orange Crush, LLC $17,000.00 321 Center Street Hillside, Illinois 60162 Landscaping Green Scene Landscaping & Lawn Care $ 6,633.19 3515 Stern Ave. St. Charles, Illinois 60174 DK Landscape & Design $ 8,990.00 4220 Steam Mill Ct. Oswego, Illinois 60543 Yorkville Hill Landscaping Inc. $ 9,877.50 8591 Route 126 Yorkville, Illinois 60560 Based on the results of the proposals, I recommend that Aurora Blacktop be awarded the roadway work for the estimated amount of$13,141.00, and that Green Scene Landscaping & Lawn Care be awarded the landscaping work for the estimated amount of$6,633.19. This is work that should be performed by the developer. l recommend that if the developer does not perform or otherwise fund the work by June 30, 2009, that the City Council authorize the City Clerk to call Castle Bank Letter of Credit No. 3000221071-901 in the amount of$20,000.00 for roadway work, and Castle Bank Letter of Credit No. 3000221071-900 in the amount of $10,000.00 for landscaping work. Any funds remaining after the work is completed would be returned to Castle Bank. Please place this item on the Public Works Committee agenda of June 16, 2009 for consideration. 0 Clrr Reviewed By: Agenda Item Number � 0 Legal ❑ CA #5 EST ' leas F]Finance Engineer ❑ Tracking Number 4 City Administrator F-1 `°'dam•' O Consultant El ADM 2009-35 �<C E x ❑ Agenda Item Summary Memo Title: Monthly Treasurer's Report for April 2009 Meeting and Date: City Council — 6/23/09 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: United City of Yorkville Kendall County, .IL Monthly Treasurer's Report Pre Audit Financial Summary As of April 30, 2009 FY FY Revised Revised Beginning April April "Ending FYTD Budgeted FYTD Budgeted Fund Balance Revenues Expenses _ Balance Revenues Revenue Expenses Expenses 01 General 562,373 1,116,210 1,605,046 286,141 10,469,169 10,913,842 13,020,495 12,003,730 11 Pox Hill SSA (13,660) - - (13,660) 6,353 6,376 20,012 19,892 12 Sunflower SSA 1,949 - 850 1,099 15,939 15,925 14,840 15,925 15 Motor Fuel Tax 198,310 160,130 48,019 310,420 397,453 752,588 462,204 705,320 16 Municipal Building (546,324) 900 14,850 (560,274) 13,650 (486,524) 59,400 59,400 20 PD Capital 200,076 2,401 7,375 195,102 46,207 229,796 48,369 229,796 21 PW Capital 192,001 4,200 6,965 189,237 94,500 612,295 412,559 520,000 22 Parks&Rec Equip Capital 25,752 - 0 25,752 33,472 80,197 51,095 80,197 23 City Wide Capital (197,778) 104,600 - (93,178) 298,100 420,000 391,278 501,317 42 Debt Service (274,669) 121,281 - (153,388) 508,993 247,265 425,124 484,524 51 Water Ops.&Imprv. 14,349,492 287,886 321,281 16,601,135 2,281,875 2,763,275 2,740,762 3,213,275 52 Sewer 1,449,070 170,016 128,476 2,844,439 1,203,626 3,380,199 2,311,604 1,837,188 72 Land Cash (1,162,353) 606,128 9,292 (295,847) 734,100 852,584 757,124 847,823 79 Parks&Recreation 220,816 (156,464) 181,531 (117,515) 1,542,651 1,501,602 1,632,133 1,515,159 80 Recreation Center (86,146) 53,540 45,207 (77,778) 497,992 569,650 575,924 583,632 82 Library 908,541 2,981 128,543 782,979 1,228,546 2,268,746 1,330,276 2,268,746 85 Fox Industrial 285,627 15 - 285,642 208,902 385,890 106,487 385,890 87 Countryside TIF Project 2,771,734 689 271 2,772,153 45,777 2,931,051 156,234 2,931,051 88 Downtown TIF 49,612 - 37 49,575 75,139 93,491 53,937 93,491 95 Trust&Agency 236,368 492,496 489,771 239,093 7,817,758 - 7,578,665 - Totals 19,170,793 2,967,008 2,987,516 23,271,126 _27,520,201 27,538,248 32,148,522 28,296,356 Nole:Revenue denen to be 41r/et with rood b0onm As Treasurer of the United City ofYorkville,I hereby attest,to the best of my knowledge,that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Full detail information is available in the Finance Department. `Ending balance may include fiscal year-end adjustments. William Powell,Treasurer Fund Balance Reserve A r-09 Mar-09 Feb-09 Jan-09 Dec-08 Nov-08 Oct-08 SCE-08 General Fund 2.38% 4.68% 8.96% 10.69% 15.37% 14.98% 20.18% 25.08% Water Ops.&Im rv. 113.42% 98.04% 98.59°/4 98.22% -11.29% -10.19% -835% -10.08% Sewer O s.&Im rv. 80.76% 36.03% 36.19% 35.13% 122.53% 134.78% 134.79% 131.14% Combined Fund Balance 65.4% 53.4% 56.4% 56.7% 1634/4 18.76% 21.63% 22.14% Prepared by:Colleen Sullivan `'<'D C/Ty Reviewed By: Agenda Item Number J �� Legal El CA #6 EST. �a 1836 Finance ❑ . � Engineer ❑ Q CO City Administrator Tracking Number ❑ Consultant ❑ 'f- �,Y `? ADM 2009-36 Agenda Item Summary Memo Title: Resolution to Close Castle Bank Acct. No. 80515096 for the North Water Tower Project Meeting and Date: City Council — 6/23/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Submitted by: Susan Mika Finance Name Department Agenda Item Notes: STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2009- RESOLUTION OF AUTHORIZATION TO CLOSE CASTLE BANK CHECKING ACCOUNT NO. 80515096 Whereas, the City Council of the United City of Yorkville has maintained checking account no. 80515096 at Castle Bank to maintain expenditures for the North Water Tower Program; and Whereas, it has been determined that the account has a zero balance and is no longer necessary due to the project completion; and NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville that the Castle Bank Checking Account Number 80515096 be closed, and that the Mayor, City Clerk, City Treasurer and Finance Director are hereby authorized to take all actions, and sign all documents necessary consistent with this Resolution. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2009. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2009. MAYOR Reviewed By: Agenda Item Number 2 t o Legal ❑ CA #7 EST. 1836 Finance ❑ Engineer ❑ Tracking Number D .,, City Administrator E) - Consultant El� ADM 2009-37 Agenda Item Summary Memo Title: Red Flag Rules Meeting and Date: City Council — 6/23109 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Submitted by: Susan Mika Finance Name Department Agenda Item Notes: This is an Identity Theft program/policy that is required by the Federal Trade Commission. This policy was reviewed by our City Attorney and her recommended changes were incorporated into this policy. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2009- RESOLUTION APPROVING AN IDENTITY THEFT PREVENTION PROGRAM WHEREAS, the United City of Yorkville, as a municipal utility, is subject to the Federal Trade Commission's Red Flags Rule, and WHEREAS, the City Council of the United City of Yorkville has considered and developed an Idenntity Theft Prevention Program pursuant to the Federal Trade Commission's Red Flags Rule; and WHEREAS, it has been detennined to be in the best interests of the United City of Yorkville to approve an Identity Theft Prevention Program in the form attached hereto in Exhibit"A". NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Identity Theft Prevention Program in the form set forth on Exhibit "A" attached hereto and incorporated herein is hereby adopted as the Identity Theft Prevention Program of the City. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2009. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOE PLOCHER WALLY WERDERICH MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2009. MAYOR I. PROGRAM ADOPTION The United City of Yorkville developed this Identity Theft Prevention Program pursuant to the Federal Trade Commission's Red Flags Rule, which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C. F. R. § 681.2. This Program was developed with the approval by the City Council. After consideration of the size and complexity of the operations and account systems of the City, and the nature and scope of the activities, the City Council determined that this Program was appropriate for the United City of Yorkville, and therefore approved this Program on June 23, 2009. II. PROGRAM PURPOSE AND DEFINITIONS A. Fulfilling requirements of the Red Flags Rule Under the Red Flag Rule, every financial institution and creditor is required to establish an "Identity Theft Prevention Program" tailored to its size, complexity and the nature of its operation. Each program must contain reasonable policies and procedures to: 1. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program; 2. Detect Red Flags that have been incorporated into the Program; 3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft; and 4. Ensure the Program is updated periodically, to reflect changes in risks to residents or to the safety and soundness of the creditor from Identity Theft. B. Red Flags Rule definitions used in this Program The Red Flags Rule defines "Identity Theft" as "fraud committed using the identifying information of another person" and a"Red FIag" as a pattern, practice, or specific activity that indicates the possible existence of Identity Theft. According to the Rule, a municipal utility is a creditor subject to the Rule requirements. The Rule defines creditors "to include finance companies, automobile dealers,mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be considered creditors." All the United City of Yorkville's accounts that are individual water, sewer and scavenger service accounts held by customers of the utility whether residential, commercial or industrial are covered by the Rule. Under the Rule, a "covered account" is: 1. Any account the United City of Yorkville offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and 2. Any other account the United City of Yorkville offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the United City of Yorkville from Identity Theft. "Identifying information" is defined under the Rule as "any name or number that may be used alone or in conjunction with any other information, to identify a specific person," including: name, address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer's Internet Protocol address, or routing code. III. INDENTIFICATION OF RED FLAGS In order to identify relevant Red Flags, the United City of Yorkville considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. The United City of Yorkville identifies the following red flags, in each of the listed categories: A. Notifications and Warnings From Credit Reporting Agencies Red Flags 1. Report of fraud accompanying a credit report; 2. Notice or report from a credit agency of a credit freeze on a customer or applicant; 3. Notice or report from a credit agency of an active duty alert for an applicant; and 4. Indication from accredit report of activity that is inconsistent with a customer's usual pattern or activity. B. Suspicious Documents Red Flags 1. Identification document or card that appears to be forged, altered or inauthentic; 2. Identification document or card on which a person's photograph or physical description is not consistent with the person presenting the document; 3. Other document with information that is not consistent with existing customer information (such as if a person's signature on a check appears forged); and 4. Application for service that appears to have been altered or forged. C. Suspicious Personal Identifying Information Red Flags 1. Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates); 2. Identifying information presented that is inconsistent with other sources of information (for instance, an address not matching an address on a credit report); 3. Identifying information presented that is the same as information shown on other applications that were found to be fraudulent; 4. Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address); 5. Social security number presented that is the same as one given by another customer; 6. An address or phone number presented that is the same as that of another person; 7. A person fails to provide complete personal identifying information on a application when reminded to do so (however, by law social security numbers must not be required); and 8. A person's identifying information is not consistent with the information that is on file for the customer. A Suspicious Account Activity or Unusual Use of Account Red Flags I. Change of address for an account followed by a request to change the account holder's name; 2. Payments stop on an otherwise consistently up-to-date account; 3. Account used in a way that is not consistent with prior use(example: very high activity); 4. Main sent to the account holder is repeatedly returned as undeliverable; 5. Notice to the United City of Yorkville that a customer is not receiving mail sent by the United City of Yorkville; 6. Notice to the United City of Yorkville that an account has unauthorized activity; 7. Breach in the United City of Yorkville's computer system security; and 8. Unauthorized access to or use of customer account information. E. Alerts from Others Red Flag 1. Notice to the United City of Yorkville from a customer, identity theft victim, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. IV. DETECTING RED FLAGS A. New Accounts In order to detect any of the Red Flags identified above associated with the opening of a new account, United City of Yorkville personnel will take the following steps to obtain and verify the identity of the person opening the account: Detect 1. Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification; 2. Verify the customer's identity (for instance, review a driver's license or other identification card); 3. Review documentation showing the existence of a business entity; and 4. Independently contact the customer. B. Existing Accounts In order to detect any of the Red Flags identified above for an existing account, United City of Yorkville personnel will take the following steps to monitor transactions with an account: Detect 1. Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email); 2. Verify the validity of requests to change billing addresses; and 3. Verify changes in banking information given for billing and payment purposes. V. PREVENTING AND MITIGATING IDENTITY THEFT' In the event the United City of Yorkville personnel detect any identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag: Prevent and Mitigate 1. Continue to monitor an account for evidence of Identity Theft; 2. Contact the customer; 3. Change any passwords or other security devices that permit access to accounts; 4. Not open a new account; 5. Close an existing account; 6. Reopen an account with a new number; 7. Notify the Program Administrator for determination of the appropriate step(s) to take; S. Notify law enforcement; or 9. Determine that no response is warranted under the particular circumstances. Protect resident identifyina information In order to further prevent the likelihood of identity theft occurring with respect to United City of Yorkville accounts, the United City of Yorkville will take the following steps with respect to its internal operating procedures to protect customer identifying information; I. Ensure that its website is secure or provide clear notice that the website is not secure; 2. Ensure complete and secure destruction of paper documents and computer files containing customer information; 3. Ensure that office computers are password protected and that computer screens lock after a set period of time; 4. Keep offices clear of papers containing customer information; 5. Request only the last 4 digits of social security numbers (if any); 6. Ensure computer virus protection is up to date; and 7. Require and keep only the kinds of customer information that are necessary for utility purposes. VI. PROGRAM UPDATES This Program will be periodically reviewed and updated to reflect changes in risks to customers and the soundness of the United City of Yorkville from Identity Theft. At least annually, the Program Administrator will consider the United City of Yorkville's experiences with Identity Theft situation, changes in Identity Theft methods, changes in Identity Theft detection and prevention methods, changes in types of accounts the United City of Yorkville maintains and changes in the United City of Yorkville's business arrangements with other entities. After considering these factors, the Program Administrator will determine whether changes to the Program, including the listing of Red Flags are warranted. If warranted, the Program Administrator will update the Program or present the City Council with his or her recommended changes and the City Council will make a determination of whether to accept, modify or reject those changes to the Program. VII. PROGRAM ADMINISTRATION A. Oversight Responsibility for developing and updating this program lies with an Identity Theft Committee for the United City of Yorkville consisting of four members appointed by the Mayor. The Finance Director shall be the Chairperson of the committee and serve as its Program Administrator. The Program Administrator will be responsible for the Program administration, for ensuring appropriate training of United City of Yorkville staff on the Program, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating Identity Theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the Program. R. Staff T.aI ing and Reports United City of Yorkville staff responsible for implementing the Program shall be trained under the direction of the Program Administrator in the detection of Red Flags, and the responsive steps to betaken when a Red Flag is detected. (All staff responsible to implement the program shall report incidents ofldentity Theft to the Program Administrator.) C. Service Provider Arrangements In the event the United City of Yorkville engages a service provider to perform an activity in connection with one or more accounts, the United City of Yorkville will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of Identity Theft. 1. Require, by contract, that service providers have such policies and procedures in place; and 2. Require,by contract, that service providers review the United City of Yorkville's Program and report any Red Flags to the Program Administrator. D. Specific Program Elements and Confidentiality For the effectiveness of Identity Theft prevention Programs, the Red Flag Rule envisions a degree of confidentiality regarding the United City of Yorkville's specific practices relating to Identity Theft detection,prevention and mitigation. Therefore, under this Program, knowledge of such specific practices is to be limited to the Identity Theft Committee and those employees who need to know them for purposes of preventing Identity Theft. Because this Program is to be adopted by a public body and thus publicly available, it would be counterproductive to list these specific practices here. Therefore, only the Program's general red flag detection, implementation and prevention practices are listed in this document. D C/1"- Reviewed By: Agenda Item Number J == � Legal ❑ CA #8 1$36 Esr. 1�• � " Finance ❑ Engineer ❑ Tracking Number City Administrator ❑ CL 0 Consultant ❑❑ ADM 2009-38 E Agenda Item Summary Memo Title: Prevailing Wage Ordinance Meeting and Date: City Council — 6123109 Synopsis: Ordinance that declares city's compliance with the Illinois Prevailing Wage Act. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Lisa Pickering Clerk's Office Name Department Agenda Item Notes: Please see attached information. Memorandum EST. .I`�- `� 1836 To: Administration Committee .� From Lisa Pickering, Deputy Clerk 0 CC: Brendan McLaughlin, City Administrator �x 5 Date: June 4, 2009 IE �� Subject: Prevailing Wage Ordinance The city is required by state statute during the month of June of each year, to investigate and ascertain the prevailing rate of wages as defined in 820 ILCS 130 _ Prevailing Wage Act. To accomplish this, the city annually approves an ordinance declaring compliance with the Illinois Prevailing Wage Act. The purpose of the prevailing wage act is to ensure that the general prevailing rate of wages for laborers, mechanics, and other workers engaged in the construction of public works coming under the jurisdiction of the city are the same as the prevailing rate of wages for construction work in the Kendall County area. The rate of wages is determined by the Illinois Department of Labor. I have attached the ordinance along with the list of Kendall County prevailing wages for June 2009. After the approval of the ordinance by City Council, a copy of the ordinance will be publicly posted in the glass case in the lobby, a public notice will be placed in the newspaper, and certified copies will be filed with the Secretary of State and the Illinois Department of Labor. COUNTY OF KENDALL ) ss STATE OF ILLINOIS ) ORDINANCE NO. 2009 - AN ORDINANCE DECLARING THE UNITED CITY OF YORKVILLE'S COMPLIANCE WITH ILLINOIS PREVAILING WAGE ACT WHEREAS, the State of Illinois has enacted "An ACT regulating wages of laborers, mechanics, and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works," approved June 26, 1941, as amended, being Chapter 820 ILCS 130/1-12 Illinois Compiled Statutes; and WHEREAS, the aforesaid Act requires that the United City of Yorkville investigate and ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics, and other workers in the locality of said City employed in performing construction of public works, for said City. NOW, THEREFORE, be it ordained by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: SECTION 1 To the extent and as required by "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works" approved June 26, 1941, as amended, the general prevailing rate of wages in the locality for laborers, mechanics, and other workers engaged in the construction of public works coming under the jurisdiction of this City is hereby ascertained to be the same as the prevailing rate of wages for construction work in the Kendall County area as determined by the Department of Labor and the State of Illinois as of June 2009, a copy of that determination being attached hereto as Exhibit "A" and incorporated herein by reference. The definition of any terms appearing in this Ordinance which are also used in the aforesaid Act shall be the same as in said Act. SECTION 2 Nothing herein shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works of this City to the extent required by the aforesaid Act. SECTION 3 The City Clerk shall publicly post or keep available for inspection by any interested party in the main office of this City this determination of such prevailing rate of wage. SECTION 4 The City Clerk shall mail a copy of this determination to any employer, and to any association of employers and to any person or association of employees who have filed or file their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. SECTION 5 The City shall promptly file a certified copy of this Ordinance with both the Secretary of State Index Division and the Department of Labor of the State of Illinois. SECTION b The City Clerk shall cause a notice to be published in a newspaper of general circulation within the area that the determination of prevailing wages has been made. Said notice shall conform substantially to the notice attached hereto as Exhibit "B". Such publication shall constitute notice that this is the determination of the City and is effective. PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2009. City CIerk ROBYN SUTCLIFF DIANE TEELING ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2009. Mayor 1>.VlfuYil vVUla �' f lyLL11111V Y��.. fVl JYfly L.V V/ 1 1 V1 V LLS V EXHIBIT "A" Kendall County Prevailing Wage for June 2009 Trade Name RG TYP C Base FRMAN *M-F>8 OSA OSH H/W Pensn Vac Trng ASBESTOS ABT-GEN ALL 34.750 35.250 1. 5 2.0 8.830 6.-170 0.000 0.270 ASBESTOS ABT-MEC BLD 29. 930 0.000 1.5 1.5 2.0 9.170 9.260 0.000 0. 320 BOILERMAKER BLD 41.230 44 . 940 2. 0 2. 0 2. 0 6.720 8 .940 0.000 0.350 BRICK MASON BLD 38.030 41.830 1.5 1.5 2. 0 8.000 9.970 0.000 0.550 CARPENTER ALL 39.770 41.770 1.5 1.5 2.0 9.460 7.800 0.000 0.490 CEMENT MASON ALL 39.000 41.000 2. 0 1.5 2.0 7.250 10.81 0.000 0.150 CERAMIC TILE FNSHER BLD 32.150 0.000 2 . 0 1.5 2. 0 6.150 7 .370 0.000 0.380 COMMUNICATION TECH BLD 33 . 360 35.460 1.5 1.5 2. 0 9.090 8 .670 0.000 0.670 ELECTRIC PWR EQMT OP ALL 31.790 40.830 1.5 1.5 2. 0 4.750 8 . 900 0.000 0.240 ELECTRIC PWR GRNDMAN ALL 24 . 630 40.830 1.5 1.5 2.0 4.750 6 . 900 0.000 0.180 ELECTRIC PWR LINEMAN ALL 37.810 40.830 1.5 1.5 2. 0 4.750 10.58 0.000 0.280 ELECTRIC PWR TRK DRV ALL 25.440 40.830 1.5 1.5 2. 0 4.750 7 .120 0.000 0.190 ELECTRICIAN BLD 40.390 44 .430 1.5 1.5 2. 0 8.890 10.10 0.000 0.810 ELEVATOR CONSTRUCTOR BLD 44 . 930 50.550 2. 0 2. 0 2.0 9.525 8 .210 2 .700 0.000 FENCE ERECTOR ALL 40.200 42 .210 2. 0 2. 0 2.0 8.140 15.16 0.000 0.230 GLAZIER BLD 37 . 000 38 .500 1.5 1.5 2.0 7.340 12.05 0.000 0.740 HT/FROST INSULATOR BLD 39.900 42 .400 1.5 1.5 2.0 9. 170 10.46 0.000 0.320 IRON WORKER ALL 40.200 42 .210 2.0 2. 0 2.0 8. 140 15. 16 0. 000 0.230 LABORER ALL 34.750 35.500 1.5 1.5 2. 0 8.870 6 .130 0. 000 0.270 LATHER ALL 39. 770 41.770 1.5 1.5 2. 0 9.460 7.800 0. 000 0 .490 MACHINIST BLD 40.530 42 . 530 1.5 1.5 2. 0 7. 000 7 .670 0 .650 0 . 000 MARBLE FINISHERS ALL 28 . 650 0 . 000 1.5 1.5 2.0 7. 920 9. 970 0.000 0 .550 MARBLE MASON BLD 38 . 030 41. 830 1.5 1.5 2.0 8. 000 9.970 0.000 0 .550 MATERIAL TESTER I ALL 24 . 750 0 . 000 1.5 1.5 2. 0 8. 870 6.130 0.000 0.270 MATERIALS TESTER II ALL 29. 750 0 . 000 1.5 1.5 2 . 0 8. 870 6.130 0.000 0.270 MILLWRIGHT ALL 39. 770 41.770 1.5 1.5 2. 0 9.460 7.800 0.000 0.490 OPERATING ENGINEER BLD 1 43 . 800 47 . 800 2 . 0 2. 0 2. 0 9. 600 6.550 1. 900 1. 000 OPERATING ENGINEER BLD 2 42. 500 47 . 800 2. 0 2. 0 2.0 9. 600 6 .550 1. 900 1. 000 OPERATING ENGINEER BLD 3 39. 950 47 . 800 2.0 2. 0 2' . 0 9.600 6.550 1. 900 1. 000 OPERATING ENGINEER BLD 4 38 .200 47 . 800 2.0 2. 0 2.0 9. 600 6 .550 1. 900 1. 000 OPERATING ENGINEER HWY 1 42 . 000 46. 000 1.5 1.5 2. 0 9.600 6.550 1. 900 1. 000 OPERATING ENGINEER HWY 2 41.450 46 .000 1. 5 1.5 2.0 9.600 6.550 1. 900 1.000 OPERATING ENGINEER HWY 3 39.400 46 . 000 1.5 1. 5 2,.0 9.600 6 .550 1. 900 1. 000 OPERATING ENGINEER HWY 4 38. 000 46 .000 1.5 1.5 2. 0 9.600 6 .550 1. 900 1. 000 OPERATING ENGINEER HWY 5 36. 800 46 . 000 1.5 1. 5 2.0 9.600 6 .550 1. 900 1. 000 ORNAMNTL IRON WORKER ALL 40.200 42 .210 2.0 2.0 2.0 8.140 15.16 0.000 0.230 PAINTER ALL 39.680 41.680 1.5 1.5 1.5 7.500 7 .250 0.000 0.750 PAINTER SIGNS BLD 30.820 34 .600 1.5 1.5 1.5 2.600 2 .470 0. 000 0. 000 PILEDRIVER ALL 39.770 41.770 1.5 1.5 2.0 9.460 7 .800 0. 000 0.490 PIPEFITTER BLD 39.500 41.500 1.5 1.5 2.0 9.200 10.24 0.000 1.060 PLASTERER BLD 38.100 40 .390 1.5 1.5 2. 0 7.500 8 .440 0.000 0.400 PLUMBER BLD 39.500 41.500 1.5 1.5 2. 0 9.200 10.24 0.000 1.060 ROOFER BLD 36.400 39.400 1.5 1.5 2. 0 6. 950 4 .670 0.000 0.330 SHEETMETAL WORKER BLD 40.210 42.210 1.5 1.5 2.0 7. 910 9.620 0.000 0.680 SPRINKLER FITTER BLD 40. 500 42 .500 1.5 1.5 2.0 8.500 6.850 0.000 0.500 STEEL ERECTOR ALL 40.200 42 .210 2 . 0 2.0 2.0 8.140 15.16 0.000 0.230 STONE MASON BLD 38 .030 41. 830 1.5 1.5 2 .0 8.000 9 , 970 0.000 0.550 TERRAZZO FINISHER BLD 33 . 810 0 . 000 1. 5 1.5 2.0 6.150 9.850 0.000 0.310 TERRAZZO MASON BLD 37. 390 40 .390 1.5 1.5 2.0 6.150 11.11 0.000 0.350 TILE MASON BLD 38 . 630 42 . 630 2.0 1.5 2.0 6.150 9.010 0 .000 0 .500 TRUCK DRIVER ALL 1 35. 650 36 .200 1.5 1.5 2 .0 6.250 4 .275 0.000 0 .250 TRUCK DRIVER ALL 2 35. 800 36 .200 1.5 1.5 2 . 0 6.250 4.275 0.000 0.250 TRUCK DRIVER ALL 3 36. 000 36 .200 1. 5 1.5 2.0 6.250 4 .275 0.000 0.250 TRUCK DRIVER ALL 4 36.200 36 .200 1.5 1.5 2.0 6.250 4.275 0.000 0.250 http://www.state.il.us/Agency/IDOL/rates/EVENMO/KENDALL9.htm 6/4/2009 &enaan �_ounty Frevaning wage for June /mp Page 1 of 6 H/w (Health & welfare Insurance) Pensn (Pension) vac (Vacation) Trng {Training) Explanations KENDALL COUNTY The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial/Decoration Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed an that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration such as the day after Thanksgiving for Veterans Day. If in doubt, please check with IDOL. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain. CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for the made in tile-like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars including but not limited to thin-set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or maintenance of the and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect the installations, Blastrac equipment, and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile floors and walls to be re-tiled. COMMUNICATIONS TECHNICIAN Construction, installation, maintenance and removal of http://www.state.il.us/agency/idol/rates/EVENMO/KENDALL9.htm 6/4/2009 nenaan county Prevailing wage for June zuoy Page 3 of 6 telecommunication facilities (voice, sound, data and video) , telephone, security, and data inside wire, interconnect, terminal equipment, central offices, PABX and equipment, micro waves, V-SAT, bypass, CATV, WAN (wide area network) , LAN (local area networks) , and ISDN (integrated system digital network) , pulling of wire in raceways, but not the installation of raceways. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (all stone, sand, etc.) , stocking of floors with material, performing all rigging for heavy work, the handling of all material that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installation of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in the trade) , carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and exterior which are installed in a similar manner. MATERIAL TESTER I: Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt. MATERIAL TESTER II: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures. TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION Class 1. Two or three Axle Trucks. A-frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation; Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled dumpman; and Truck Drivers hauling warning lights, barricades, and portable toilets on the job site. Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, EUClids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yeards; Ready-mix Plant Hopper Operator, and winch Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole http://www.state.il.us/agency/idol/rates/EVENMO/KENDALL9.htm 6/4/2009 Nenuan t.ounry rrevaning wage Ior.rune LVVy Page 4 of b and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; winch trucks, 3 axles or more; Mechanic--Truck Welder and Truck Painter. Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self-loading equipment like P.S. and trucks with scoops on the front. OPERATING ENGINEERS - BUILDING Class 1. Mechanic; Asphalt Plant; Asphalt spreader; Autograde; Backhoes with Caisson attachment; Batch Plant; Benoto; Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted) ; Concrete Conveyor; Concrete Paver; Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted) ; Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type) ; Creter Crane; Crusher, Stone, etc. ; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, one, two and three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic BOOM Trucks; Hydro Vac (and similar equipment) ; Locomotives, All; Motor Patrol; Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump Cretes Dual Ram; Pump Cretes; Squeeze Cretes-screw Type Pumps; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip-form Paver; Straddle Buggies; Tournapull; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over) ; Conveyor, Portable; Forklift Trucks; Greaser Engineer; Highlift Shovels or Front Endloaders under 2-1/4 yd. ; Hoists, Automatic; Hoists, inside Freight Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (self-propelled) ; Rock Drill (truck mounted) ; Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor; Combination - Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators - (Rheostat Manual Controlled) ; Hydraulic Power Units (Pile Driving, Extracting, and Drilling) ; Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.) ; Pumps, Well Points; welding Machines (2 through 5) ; Winches, 4 small Electric Drill Winches; Bobcat (up to and including 3/4 cu. yd. ) . Class 4. Bobcats and/or other Skid steer Loaders; Oilers; and Brick Forklift. OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION Class 1. Craft Foreman; Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater scarfire; Asphalt Spreader; Autograder/GOMACO or other similar type machines; ABG Paver; Backhoes with Caisson attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments) ; Concrete Breaker (Truck Mounted) : Concrete Conveyor; Concrete Paver over 27E cu. ft. ; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Hammerhead, Linden, Peco & Machines of a like nature; Crete Crane; Crusher, Stone, etc. ; Derricks, All; Derrick Boats; Derricks, Traveling; Dowell machine with Air Compressor; Dredges; Field Mechanic-welder; Formless Curb and Gutter Machine; Gradall and Machines of a like nature; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form http://www.state.il.us/agency/idol/rates/EVENMO/KENDALL9.htm 6/4/2009 r-,enuan uouniy rrevailing wage for June LUuy Page 5 ot'6 Grader, Pull Grader, Subgrader; Guard Rail Post Driver Mounted; Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with shear attachments; Mucking Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill. - Crawler or Skid Rig; Rock Drill - Truck Mounted; Roto Mill Grinder; Slip-Form Paver; Soil Test Drill Rig (Truck Mounted) ; Straddle Buggies; Hydraulic Telescoping Form (Tunnel) ; Tractor Drawn Belt Loader (with attached pusher - two engineers) ; Tractor with Boom; Tractaire with Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole; Drills (Tunnel Shaft) ; Underground Boring and/or Mining Machines; Wheel Excavator; Widener (APSCO) . Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (less than 1 cu. yd. Backhoe Bucket or over or with attachments) ; Compressor and Throttle Valve; Compressor, Common Receiver (3) ; Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft. ; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type) ; Drills, All; Finishing Machine - Concrete; Greaser Engineer; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments) ; Hydro-Blaster; All Locomotives, Dinky; Pump Cretes; Squeeze Cretes-Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotory Snow Plows; Rototiller, Seaman, etc. , self-propelled; Scoops - Tractor Drawn; Self-Propelled Compactor; Spreader - Chip - Stone, etc. ; Scraper; Scraper - Prime Mover in Tandem (Regardless of Size) ; Tank Car Heater; Tractors, Push, Pulling Sheeps Foot, Disc, Compactor, etc. ; Tug Boats. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2) ; Concrete Mixer (Two Bag and Over) ; Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc. ; Fireman on Boilers; Forklift Trucks; Grouting Machine; HoistS, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Pipe Jacking Machines; Post-Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper - Form-Motor Driven. Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic Power Unit (Pile Driving, Extracting, or Drilling) ; Hydro-Blaster; Light Plants, All (1 through 5) ; Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.) ; Pumps, Well Points; Tractaire; welding Machines (2 through 5) ; Winches, 4 Small Electric Drill winches. Class S. Bobcats (all) ; Brick Forklifts, Oilers. TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. Other Classifications of Work: For definitions of classifications not otherwise Set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being http://www.state.il.us/agency/idol/rates/EVENMO/KENDALL9.htTn 6/4/2009 &enaan Louniy rrevainng wage for June zuuy rage 6 of 6 contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 618/993-7271 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. http://www.state.iI.us/agency/idol/rates/EVENMO/KENDALL9.htm 6/4/2009 Exhibit "B" Public Notice Notice of Ordinance No. Prevailing Wage Rates The United City of Yorkville has passed an Ordinance establishing the prevailing rate of wages hereby ascertained to be the same as the prevailing rate of wages for construction work in the Kendall County area as determined by the Department of Labor and the State of Illinois as of June 2009. Anyone wishing to inspect the ordinance may do so at: City Hall, 800 Game Farm Road, Yorkville, Illinois, Monday through Friday, between the hours of 8:00 A.M. and 4:30 P.M. JACQUELYN MILSCHEWSKI City Clerk BY: Lisa Pickering Deputy Clerk .0 C�Ty Reviewed By: Agenda Item Number J= Legal ❑ CA #9 - 0 EST. '�, y 1636 Finance ❑ .`� Engineer ❑ Tracking Number �� i1 ,1 City Administrator ❑ �-' 0 Consultant ❑ ADM 2009-40 ❑ Agenda Item Summary Memo Title: Resolution Approving Policy on Developer Deposits Meeting and Date: City Council— 6/23/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Brendan McLaughlin City Administrator Name Department Agenda Item Notes: Please see attached resolution and policy drafted by City Attorney Orr. STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Resolution No. 2009- RESOLUTION APPROVING POLICY ON DEVELOPER DEPOSITS BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Policy on Developer Deposits in the form attached hereto is hereby approved and the City Finance Director, City Manager and City Attorney are hereby directed to implement the terns, conditions and directions as stated therein. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2009. ROBYN SUTCLIFF DIANE TEELING ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2009. Mayor Attest; City Clerk POLICY ON DEVELOPER DEPOSITS WHEREAS, simultaneously with the submittal of any proposal for development within the City or any petition to annex, the City requires the deposit of sums sufficient to cover certain administrative costs incurred in connection with the review thereof, including, but not Iimited to, legal and engineering; and, WHEREAS, in order to assure the proper accounting for the use of said deposit and the payment of costs incurred by the City in connection with any development proposal or petitioner for annexation, the Mayor and City Council have established the following policy: 1. Without exception, simultaneously with the submittal of any proposal for development, subdivision of land or petition for annexation, the applicant or petitioner, as the case may be, shall deposit with the City a sum sufficient to pay certain administrative costs incurred in connection with the review thereof, including, but not limited to, notice and publication requirements, legal and engineering (the "Developer Escrow") all as established pursuant to Resolution 2002-27 passed by the Mayor and City Council on August 13, 2002. 2. Upon receipt by the City of the Developer's Escrow, the Finance Director shall establish a record of such deposit and deduct therefrom all costs incurred by the City in connection with the processing and review of said application or petition until the matter is concluded. 3. No plan for development, subdivision plat or petition for annexation shall be processed until the required Developer Escrow has been established with the City. 4. In the event the costs incurred by the City exceed the amount in the Developer Escrow, the applicant or the petitioner shall be required to deposit an amount estimated to be equal to the costs yet to be incurred and in the event such additional amount is not deposited into the Developer Escrow within fourteen (14) days of receipt of an invoice, all proceedings shall be suspended until such additional amount is so deposited. 5. In the event there are any amounts due and owing to the City by any applicant or petitioner which is not paid within thirty (30) days of the date of an invoice from the City, such invoice shall be referred to the City's collection agency if the amount due is less than $30,000 or if the amount is 530,000 or more, shall be forwarded to the City Attorney who is hereby authorized to undertake such action, including legal proceedings in any court having jurisdiction over the matter in order to attain collection. 6. In the event an applicant or petitioner has any sums due and owing to the City for any reason, the City may refuse to process any application or petition until such sums due and owing are paid in full. Reviewed By: Agenda Item Number Legal 1:3 CA #10 esJ Finance F1 1836 .�— Engineer El Tracking Number p f1 "1 � � City Administrator ❑ � `°"��"' 0 Consultant ❑ 'F-AI "�°'"`�Y CC 2009-57 Z<tr �� ❑ Agenda Item Summary Memo Title: Ordinance Approving Regional Stormwater Management Facility Easement Agreement Meeting and Date: City Council—6123109 Synopsis: This easement agreement was executed by the Developer when the drainage ditch was constructed. It was recently discovered in the project file. It is recommended that the City Council authorize it be executed and recorded. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Brendan McLaughlin City Administrator Name Department Agenda Item Notes: STATE OF ILLINOIS ) )Ss COUNTY OF KENDALL } Ordinance No, 2009- AN ORDINANCE APPROVING REGIONAL STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the Regional Stormwater Management Facility Easement Agreement dated September 25, 2006, by and between Chicago Title and Trust Company, as successor to LaSalle Bank National Association, not personally, but as Trustee under the provisions of a trust agreement dated April 1, 2005 and known as Trust Number 133368 and Chicago Land Trust Company, as successor to LaSalle Bank National Association, not personally but as trustee under the provisions of a trust agreement dated April 1, 2005 and known as Trust Number 133370 (the "Easement Agreement"), in the fonn presented to this meeting is hereby approved; and the Mayor and City Clerk are hereby authorized to execute and deliver said Easement Agreement. Section 2. The City Clerk is hereby authorized to record said Easement Agreement with the Recorder of Deeds of Kendall County. Section 3. This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2009, ROBYN SUTCLIFF GEORGE GILSON, JR. ARDEN JOE PLOCHER DIANE TEELING GARY GOLINSKI MARTY MUNNS ROSE SPEARS WALLY WERDERICH APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2009. Mayor Attest: City Clerk 2 REGIONAL STORIIIWATER MANAGEMENT FACILITY EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Agreement"), is made and entered into as of the 25-1'' day of September, 2006, by and b",twaen Chicago Title Land Trust Company. as succ�esseyr to LaSalle Banl; National Association, not PmSonally, but as trustee finder the provisions of a trust abrreement date{-} April 1, 2005 and known us trust number 133365 and Chicago Title Land Trust Contpanv, as successor to LaSalle Dank National :\ssatiatiryn, not personally, but as trustee under the provisions 01'a. trust agreement dated April I, 005 and known as trust number 133370 (cnllcctivrly referred to herein as the -Trusts" Or "Grantor") and the United City of Yorkville. Illinois, an Illinois municipal corporation("City"), RENTALS: A. grantor is the okr•rter of that certain real property located in Kendall County, Illinois, and more: paAicu)arly described On Schedule 1 attached hereto and made a part hereof (the"Grantor Property"). B. Grantor along ri=ilh the City are parties to that certain ANNEXATIOA AGREEMEN r AS TO A PORTION OF THE PROPERn", AMENDED AND RES'rATE;D ANNEXATION AGREEMENT AS TO A PORTION OF IIIE PIt.OPERTY AND PLANNC-D UNIT DEVELOP NF NT AGREEMENT,dated as of the da_y of Uv a is -1 � -�_ 005 told recorded as document uo.2aal�a`oo37 by and betwom the MSRET LLC, a Delarrarc Iimitixl liability uimpam, Chicago 'Title Land Trust Company, us successor 10 LaSalle Bank National Association, not personally. but as truster under the pro dsiuns of a trust agreement dated April 1, 2005 and known as trust number 133367, the Trusts, Lar•-Cam, 111c., an Illinois corporation, JR Yorkr•ille L.L.C.. an Illinois limited liability Company and NR YOrk;ville, L.L,C:., all Illinois iimitcd liability company. as tenants in common and John Rosenwinkel and Susan Rt)sin«;nkel, indi%idually. and as Co-Trustees Of EMR. Trust No. 100 Dated December 10, 3002 and Centex Domes. and the City (the"Annexation Agreement"). C. Pursuant to Srction 10 of the Annrxtttion Agreement, Grantor desires In gran) to City a perpetual, non-exclusive, and irrevocable easement on, under. U%Tr. across and through a portion of the Grantor Property foi the City to construct and maintain a Regional Stormwater Management Facility (as defined in the Annexation Agreement), pursuant to the terms and conditions hereof. NOW, THEREFORE, for and in consideration of TEN AND NO,'100 DOLLARS (510.00) and other good and valuable consideration, and the mutual covenants contained in this Agrreemtrit, the receipt and sufficiency of which are hereby acknowledged, Grantor and City agree as follows: I. Grant of Easement. Grantor hereby gives, grants, bargains, sells, conveys and confirms unto City, its successors and assigns, a perpetual, lion-exclusive and irrevocable msscment (the "Easement") on, under, over, across and through that portion of the Grantor Property as legally described and Further depicted on Exhibit A attached hereto and made: a part hereof(the"Easement Area'"), to design, construct,install. reconstruct, repair, remove, replace, inspect, maintain and operate the Regional Stormwater Management Facility to service the Grantor Property, contiguous property and other property within the City as required by Section 10 of the Annexation Agreement. The Easement granted herein shall include the right of access across the Grantor Property for necessary persons and equipment to perform any of the above; work(all of(lie forugning, collectively, the"Easement Purposes"). ?. W Encroachrneni. Grantor shall not construct or permit the construction of any structure or obstruction in the Easement Area, including but not limited to, any building, mason ., wall, or curb, that would in any manner interfere with the use of the Easem*ent for the Easement Purposes, as reasonably determined by City. 3. l ghts of Citv. City shall have the right to cut, trim or remove arty tree-s, yliruha OT Other plants located within the Easement Area,to the extent any of tlic foregoing unreasonably interfere with the use of the Easemcnt for the Easement Purpc)sc:s. 4. Maintenance of_Ease'rncnl Arc,•►. Except as otherwise set lorth in the Annexation Agreement, the cost and expense of maintaining, altering, constructing. repairing, improving or rmmstructing the Easement Area for the Easement Purposm shall be paid solely by the (lily. City hereby agrees to maintain or cause the: Easement Arm to be maintained in a cican and workmanlike condition. �. '.Mutual Indemnity. To die extent not proMbited by law, City agrees to hold Grantor and its officers, directors. assigns or ernployees harmless and to indemnify each of them against claims and expenses or liability incurred in defense thercof, including reasonable attorneys fee-s arising Cram City exercising any of its rights under the terms of this Agreement. To the extent neat prohibited by lacy, Grantor agrees to hold the Ciiv and each (.)I,its officers, directors, assigns or employees harmless and to indemnify each of ilicrii against claims and expenses or liability incurred in defense thereof including reasonable 3ititmCp ' fees arising from Grantor exercising any of its rights under the terrns of this Agreement. 6. Binding ElTecl. This AjTccntent and the Easement, rights grid obligaliuns set forth her( in shall rem with the land and shall be binding upe)n and shall inure to the benefit of tltc Parties hereto, all of the record tillcholders of the land and their respective heirs' representatives, Successors and assigns. 7. Entire A reemenl, This Agreement constitutes the entire 4greetneni betweijn the parties with respect to the subject matter hereof. 8. Modification of A ecmel Any modification of this :agreement shall be binding only if evidenced by a writing signed by each Party hereto. 9• No Waiv!.Ir. No provision of this Agreement may be Waived except by a waiver signed by the party against whom the waiver is asserted. to. Scvcrability, If any provision of this Agreement shall be determined by a court of e,ompctcnt jurisdiction to be invalid or unenforceable, such determination shall not affect the other provisions of this Agreement, which shall be enforced to the full extent allowed by laws. _ 11. Goveming Law, This Agreement shall be governed by and eonstrued in accordance with the laws of the State of Illinois, without regard to convicts of law principles. 12. Connter�s. 'T'his Agreement may be executed in one or more counterparts, all of which taken logethcr shall constitute but one document_ 1 i. Trusl •e's Excul often_ Anything herein to the contrary nutu•rlhstanding, all of the %varranties. indemnities, representations, cotenants, undertakings and agreements herein made on the part of the Trusts, while in form purporting to be the representations, covenants, undertakings and agreements of the Trusts, are nevertheless trade and intended not as personal representations, coy=cnants, undertakings and agreements by the Trusts or f r anV other purpose or intention other than the limited purpose of binding only that portion of the trust prapert� specifically dtscribed herein, This instrument is executed and cleliti arc by the Trusts not in their own right, but solely in the exercise of the powers conferred upon theist as truslce \v persctns�] liability or personal responsibility is assumed by nor shal I at any time be asserted car enforceable against the Trusts on account of this instrument or on account of any warranty, indemnity, representation, covenant, undertaking or agreement of the 1 rusts in this instrument contained, zither expressed or implied, all such personal liability, if any, being expressh: evaived and released. The terms of this paragraph shall not be construed, however, to modiljl or discharge any personal liability expressly assumed by any beneficiary= of the trusts or other party ill the transaction pursuant to which this instrument is executed and delivered. lkI'.MAINDER OF-1111S PAGE INTENTIONALLY I,EFr X111 N1. I j'j-'X I Imlijv< n. 111L.dllti A�d I ISdIV Hz:rA '�'ilj -wl A I ♦ DO'. IMS011,11k. hill -101d" :* LlLlSk:e tflItIcl P.,ovisions of:1 11TI)A J P14:0111011 tb.tCd 'J -5 and k T-j W.11 2S T'1-1 N! 12 KAMM. I CHE J,., CHICAGO TITLE LAND TRUST COMP_ M', not persomilly. KV 101i]V 1111tiel- ME1 !..I-j Bv Its.. F,K QH.4- CITY UNITED C) I I ClF 1 ORMA UR, ILLINOIS. til'- filillois municipal corporalion Bv: This hismumnit Prcpared bN and Mesirow Financial Real Estate, Inc. After Reco."Cling Relum to. By kmi"- V. flienditio I McDen"011 Will Hnen, LLP Name: 227 WeS, Its Chicaw. IlIfflok 60,600 - 4 - STATE OF ILLINOIS } )SS' COUN'T'Y OF L > ) 1, die undersigned, a Notary Public in and f r said County, in the State aforesaid, DO 11 ERE-BY CERTIFY that ± personally kno% n to me to be the —A-5 5T C.11IC -[T'I'LL LAND TRUST COMPANY. as successor to LaSalle Bank national Association, as trustee as aforesaid, and personally known to me to be the same person whose name is subscribed to the I-oTetc itlg insirumcnt, appered before me this day in pemn and acknowledged that as such Sll C instrtm ea as e✓ of said -- --•—' (s)he signed and delivered said corporation,purstiar�t to authority, given by the Board of Directors of said corporation as hisrher free and voluntary act, and as the free and voluntary act and decd of said corporation as trustee, for the uses and purposes 1h rein set firth. Ciivc;n under rnw hand and official seal,this da _ ._ Y of O G 1 _ 2006_ Notary Public MY t'ommissiati Expires: /mod ruora�Yp ueRACE MARIN STATE ATL OF 11.I,iNOIS ) M Commission lcsrgr�oFlt ztrvo+s y mmissrorl Expires 03/pg�2ppg COUNTY OF 1, the undersigned, a ?rotary public in and for said County. in the State aforesaid. DO HEREBY CERTIFY that personally known to me to he the of UNITED CITY OF YORKVILLE, ILLINOIS, an Illinois t))unic:ipal corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such (s)he sigmcd w)d delivered said instrumcant as of Cit.••, pursuant to autl)r)rity,given by the Board of _ _ of City as I)is'her free and vol-untary act, and cis the lief and volut)tary act and "CL afthc City, far the uses and purposes therein set forth. Givrn under m_v hand and official seal. this day of 7006. \c►tar} Public -T - y Cornmtssion Expires: Ili r.e,..�_�t._ • .?:.'a;, - J SCHEDULE l GRANTOR PROPERTY CHICAGO TITLE LAND TRUST COMPANTV,AS SUCCESSOR TO LASALLE BANK,NOT PERSONALLY,BUT AS TRUSTER UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED APRIL 1,2005 AND KNOWN AS TRUST DUMBER 133368 LEGAL,DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH. RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE SOUTH RIGHT OF WAY LINE OF GALENA ROAD, PER DOCUMENT NO. 145193 AS RECORDED JUNE 5, 1964, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TIME NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTIi 89 DEGREES 03 MfNUTES 32 SECONDS WEST, ALONG TBE SOUTIJ LINE OF SAID NORTHEAST QUARTER, 2651.78 FEET 1'0 THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 12 DEGREES 27 MINL"L'1;S 41 SECONDS EAST ALONG A LINF IF EXTENDED WOULD INTERSECT THE CENTER LINE OF SAID GALENA ROAD 390.72 FEET SOUTHEASTERLY OF (AS III?ASURED ALONG SAID C'EN'TER LINE)THE INTERSECTION OF SAID CE-N'11--R LINT-, Wl"PI THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9. 11-06.73 FEET To THE SOUIIIERLY RIGHT OF WAY LINE OF SAID GALENA ROAD; THENCE SOU;I'll 75 DEGREES 1,1 MINUTES 39 SECONDS EAST, ALONG SAID SOL"Al I RIC_HT OF WAY LINE. 72430 FEET; THENCE SOUTH 14 DEGREES 46 MINUTES 21 SECONDS WEST, PERPENDICULAR WITH SAID SOUTH RIGHT OF TAY LIME, 270.NH1 FEET: THENCE SOUTH 75 DEGREES 13 :MINUTES 39 SECONDS EAST, PARALLEL WITH SAID SOLTI-I RIGHT OF WAY LINE, a50.DO FEET: THENCE- NORTH IY DEGREES 46 MINUTES ')] SECONDS EAST, PERPElKI)ICULAR WITH SAID SOUTH RIGHT OF IVAY T.11tiE, 270,00 FEET TO A POINT ON SAID SOU'T'H RIGHT OF WAN' LIME; THENCE SOUTH 75 DEGREES 13 MINUTES 39 SECONDS EAST, At-ONG SAID SOU 711 RIGHT OF WAY LINE. 143.77 FEET TO A POINT OF CURVATURE; TIJEINCE SOUTHEASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE, BEING ALONNG A CURVE TO THE RIGHT WITH A RADIUS OF 11,420-0 AND A CHORD BEARTNG OF SOUTH 72 DEGREES IS MINUTES 28 SECONDS EAST, AN ARC LENGTH OF 1160.82 FEET TO A POINT ON TTIE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 00 DEGREES OO M. INUTES 21 SECONDS EAST, ALONG SAID EAST LINE. 959.76 FEET TO THE POINT OF BEGINNING. IN THE TOWNSHIP OF BRISTOL.. KENDALL COUNTY. ILLINOIS,AND CONTAINING 7}.61 ACRES 017 LAND MORE OR LESS Vj- CHICAGO TITLE LAND TRUST COMPANY,AS SUCCESSOR TO LASALLE BANK, NOT PERSONALLY,BUT AS TRUSTEE UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED APRIL 1,2005 AND KNOWN AS TRUST NUMBIER 133370 LEGAL DESCRIPTION THE NORTHWEST IA OF THE SOUTHEAST 1,4 OF SECTION 9; ALSO THAT PART OF SAID SECTION 9, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNIER OF THE NORTHWEST 114 OF SAID SECTION 9; THENCE WEST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4, 14,29 CHAINS (942.48 FEET) FOR THE POINT OF BEGINNNG; THENCE NORTH 14 DEGREES 50 MINUTES EAST 30.14 CHAINS (198924 FEET) TO THE CENTER LINE OF GALENA ROAD; THENCE SOUTH 75 DEGREES 15 MINUTES EAST ALONG SAID CENTER LINE 6.77 CHAINS (446.82 FEET) TO THE EAST LINE OF SAID NORTHWES'C 1(4; THENCE SOUTH 75 DEGREES )5 MINUTES EAST ALONG THE CENTER LINE OF SAID GALENA ROAD 5.92 CHAINS (390.72 FEET); THENCE SOUTH 13 DEGREES 15 MINUTES WEST 26.50 CHAINS (1749-0 FEET) TO T11E- NORTHEAST CORAIER OF TJ-I SOUTHWEST I:4 OF SAID SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST IA 10 CHAINS ()320 FEET) TO THE SOUTHEAST CORNER OF THE NORTH 1:2 OF SAID SOUTHWEST 1:4; THENCE WEST ALONG THE SOUTH LINE OF THE NOR'T'H 42 OF SAID SOUTHWEST ]:4 20.25 CHAINS (1336.5 FEET) TO A POINT 1 ROD (16.5 FEET) WT-ST OF Tl•IE SOUTHEAST CORNER OF THE 1ORTHWEST 10 OF SAID SOUTHWEST )A: THENCE NORTHEASTERLY TO THE POINT OF BE-GINNING. (EXCEPT THE NORTH WESTERLY 40.00 FEET THF?REOF FOR ROADWAY PURPOSES PER RECORD IN BOOK 136 PAGE 158) IN TOWNSIiIP 37 NORTH, RANCE 7, EAST OF THE '1'H1RD PRINCIPAL MERIDI?.N, IN THE TOWNSHIP OF BRISTOL, 10ENDALL COUNTY. ILLINOIS. EXHIBIT A LEGAL.DESCRIPTION OF EASEMENT AREA PARCEL 01VE LEG IL L DESCRIPTrON. THAT PART OF THE SOUTH HALF OF SECTION 9, TONVNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTI]WEST QUARTER OF SAID SECTION 9; THENCE SOUTH 89 DEGREES 04 -MINNUTES 59 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTIi VEST QUARTER OF SAID SOUTHWEST QUARTER, 16.50 FEET; THENCE NORTH 16 DEGREES 42 MINUTES 16 SECONDS CAST, 1189.35 FEET; THENCE SOUTH 63 DEGREES 41 MINUTES 49 SECONDS EAST, 345.01 FEET; THENCE SOUTH 82 DEGREES 17 MINLIT'ES 51 SECONDS EAST, 373.90 FEET; -THENCE NORTH 83 DEGREES 48 MINUTES 54 SECONDS EAST, 45738 FEET; THENCE NORTH 75 DEGREES 11 MINUTES 43 SECONDS EAST, 161.52 FEET; THRNCF' NORTH 56 DEGREES 48 MINUTES 52 SECONDS FAST, 370.95 FEET; THENCE SOUni 41 DEGREES 171MLNUTES 17 SECONDS EAST,98,93 FEET; THENCE SOUTH 34 DEGRIEL-S 31 MINUTES 25 SECONDS EAST, 7535 FEET; THENCE SOUTH 17 DEEC CL' S 55 MINUTES IS SECONDS EAST, 81.80 FFRT; THENCE SOLM4 52 DEGREES 51 IINUTCS 49 SECONDS FAST. 1,318.17 FEET; THENCE NORTH 16 DEGREES 02 MINUTES 42 SECO=NDS EAST, 144.40 FEET; THENCE EASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 66.00 FEET Av'D A CHORD BEARING OF \ORTH 82 DFGRF.F.S 38 MINUTES 43 SECONDS EAST, AN :SRC LENGTH OF -53.91 FEET; THFNCE SOUTH 30 DEGREES 45 ?MINUTES 17 SECONDS EAST, 136.22 FEET; THENCE NORTH 45 DEGREES 00 MINUTES 12 SECONDS EAST, 94.84 FEET: THENCE NORTH '16 DEGREES 54 MINUTES 04 SECONDS EAST, 80.71 FEET: THF.NCF NORTH 49 DEGREES 36 MINUTES 25 SECONDS EAST, 77.74 FEET; TTI Ex,CL NORTH 43 DEGREES 43 MINUTES 50 SECONDS EAST, 166.02 FEE['; THENCE NORTH 32 DEGREES 29 MINUTES 54 SECONDS EAST, 64.35 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9; '1 HH-NCE NORTH 89 DEGREES 03 MINUTE'S 33 SECONDS FAST, ALONG SAID NORTH LINE, 126,92 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF 7'HE SOUTH 1:AS-1- QUARTER OF SAID SEECTION 9-. THENCE SOUTH 00 DEGREES 08 ' fNj.''TrS 06 SECONDS EAST, ALONG TIIE WEST LINE Of THE NORTHEAST QUART'FR OF SAID SO1,7111EAST QUARTEEt, 1325.50 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUAWI-ER OF SAID SOUTHEAST QUARTER: THENCE SOUTH 39 DEGREES 01 MINUTES 11 SECONDS WEST, ALONG THF, SOU,rH LINE OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER, 1325.38= FEET TO TIirl SOUTHWEST CORNER OF THE NORTHWEST QL"ARTER OF SAID SOUTHEAST QUARTER, THENCE SOUTH 89 DEGREES t74 MINUTES 59 SECONDS WEST. 1326.54 FFET TO THE POINT OF BEGINNING. IN THE UNITED CM' OF Y'ORKVILLE, KENI)AL.L COUNTY, ILLINOIS. PARC.CL Two LEGAL DESCRIPTIO M THAT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RAAIGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGI.."L ING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 89 DEGREES 03 MINUTES 33 SECONDS WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, 1452.51 FEET; THENCE NORTH 32 DEGREES 29 MINUTES 54 SECONDS EAST, )01.64 FEET, THENCE NORTH 25 DEGREES 52 MNUTES 37 SECONDS EAST, 166.02 FEET, THENCE NORTH 14 DEGREES 36 MINUTES 41 SECONDS EAST, 626.51 FEET; THENCE NORTH 03 DEGREES ?7 MINUTES 29 SECONDS WEST, 125.14 FEET; THENCE NORTH 23 DEGREES i1 MINUTES 54 SECONDS WEST, 135.1) FEFI'; THENCE NORTH 75 DEGREES 13 MINUTES 39 SECONDS WEST, 86.69 FEET, THENCE NORTH 14 DEGREES 46 MINUTES 21 SECONDS EAST, 270.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF GALENA ROAD; 71IENCE SOUTH 75 DEGREES 13 NIINurn :i9 SECONDS EAST, ALONG SAID SOUTHERLY RIGHT OF WAS' LINE. 144.21 FEET; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY RICH"I OF WAY LINE, [SLING ALONG A CURVE TO TIME RIGHT WITH A RADIUS O 11420.00 FEEI' AND A CHORD BEARING OF SOUTH 72 D1=GRLk=.S 18 ,141NL:'I'ES 48 SECONDS EAST, AN :SRC LENGTH OF 1160.34 FEET TO A POINT ON THE EAST I.1NE: OF SAID NOR'IIILAST QUARTER; THENCE SOUTH 00 DEGREES 00 NAINUTES 23 SECONDS WEST, ALONG SAID EAST LINE, 1002.45 FEET TO THE POINT OF BEGINN- ING, IN" THE UNITED CITY OF YORKVIL.LE, KENDALL COUNTY. ILLINOIS. DEPICTION OF EASEMENT C;R.,lV7' OP' EASEWWT Mt&; NO •i �� `L1�.�r � f �iri1 >IrI/YT IlI+FYIL YfY411rryYl/.NrrO�•kN N K31R,f/>rl/ �_._ L. M.Ma,I J ■■��rr..�� y y� .W r_1 _ M JAI ^f I1Fr 1 ��MNI•Ay �tly�/�f a/1 T'y"yr•.� ry Vr.J Yr...+Rrsr7._. .w1 ~ Ir�fl ri MFrllN r..�MTr �Y�.• Wfl f/./ �� w+.w.�'rr.�..-.wt�' - W✓YaYV,f[� Y� .6m� ' - - - /�..r✓I,r_J•t �� _�� P �ti•_ ! ./Fires,. i;IM a,r*_.T.�k r �Xr. •� ,'F r r [r i ,� :� .. �), ";..... _� .. .j._ r �µ r., 41 ir LOW M 7'r , r fi r � r r J f d �'`t r��A r'�,•.a`,Ab� �4F� �� . �.. .r,�.lr�....�_...�_..,rr� •'•.l±, --��- � -j- ... _. r . .-_. -� �� J.�.' �.IJ}F�� "+'7'�6 � � �� w J � �' 1 ",'"'�.,•.i.•'r'=r"w"E3Z.`.W 1'0 ,�;F f .� vy. F r,�.s w ,^.i. �:,{ 1 �"`� ,fvf�M,.+, �r...yl. r ✓r, UN,IYIIr'W 41F 1 ra.nr,l. � 1 .V�..wl arrr .-��.-..�—�.^T_. •r M� rr� .r.y i��+rw r W rw �i.'NT ,J�'f tI lCt7Yki T IM IQ It�Y! 1 a` 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,MAY 12,2009 Mayor Burd called the meeting to order at 7:02 p.m.and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Gilson Absent Werderich Present Ward I] Golinski Present Plocher Present Ward III Munns Present Sutcliff Present Ward 1V Teeling Present Spears Present Also present: City Clerk Milsehewski,City Treasurer Powell,City Attorney Orr,City Administrator McLaughlin,Interim Director of Parks and Recreation Olson,Finance Director Mika,Public Works Director Dhuse,Police Chief Martin,Police Lieutenants Schwartzkopf and Hart,Community Development Director Miller,City Engineer Wywrot and Public Relations Officer Spies. UU0 A quorum was established. PRESENTATIONS Mayor Burd presented Alderman Besco with a clock as a token of appreciation for his eight years of service on the City Council. Alderman Besco thanked the present and past City Councils and city staff for their hard work on behalf of the residents. He thanked those who came to the meeting tonight and stated it was very humbling to see everyone. Mayor Burd thanked Alderman Allen for his service to the city since June of 2008. SWEARING-IN Mayor Burd swore-in George Gilson as alderman for Ward 1,Gary Golinski as alderman for Ward II; Marty Munns as alderman for Ward III and Diane Teeling as alderman for Ward IV. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves, She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Golinski asked Item#2-Resolution Approving a Revised Policy for Athletic Field Use Policies and Procedures(CC 200942)be removed from the consent agenda and put on the regular agenda. Amendment unanimously approved by a viva voce vote. Mayor Burd requested that Item#1-Amended and Restated Governing Ordinance Regarding Use of City Equipment(ADM 2009-30)be removed from the consent agenda and put on the regular agenda under the Administration Committee report. Amendment unanimously approved by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m.,May 19,2009 City Hall Conference Room Economic Development Committee 7:00 P.M.,June 2,2009 City Hall Conference Room Administration Committee 7:00 p.m.,May 14,2009 City Hall Conference Room The Minutes of the Regular Meeting of the City Council—MU 12,2009—Page 2 Public Safety Committee 6:00 P.M.,May 28,2009 City Hall Conference Room PUBLIC HEARINGS Pulte Home Corporation Pulte Home Corporation,petitioner,has filed an application with the United City of Yorkville,Kendall County,Illinois,requesting an amendment to the Annexation Agreement and Planned'Unit Development Agreement dated April 12,2005 for approximately 285 acres. The amendment would change the timing for payment of city building permit and development fees for residences that are built within that part of the Annexation Property which is zoned for residential purposes. The Residential Property consists of approximately 265 acres north and south of Kennedy Road and north of Route 34,Yorkville,Illinois. Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. CITIZEN COMMENTS Dennis Batdorf thanked the City Council for their proclamation in support of gifted children. He reported that he went to Springfield,Illinois on April 29,2009 to discuss funding for gifted programs. He also told the City Council that recently he was at the Yorkville Post Office with his daughter who found information on the Ku Klux Klan displayed. He stated that some resident in Raintree Village have received racist mail. He stated that he turned the information over to the Police Department. Charlie Walker from the Windett Ridge subdivision asked that the City Council arrange for the punch List for the subdivision to be completed at the earliest convenience. He noted that the subdivision is having problems with flooding,overgrown lots,standing water,potholes,etc, He commented that the punch list lacks specific dates for completion and without these specific dates the list is meaningless. He also informed the City Council that Wiseman-Hughes pulled out their sales office,took it to Winded Ridge Road and dumped it. He commented that this was not the action of a developer who is interested in the community. He felt his home was in jeopardy due to the developer who has even declined to attend Ward I meetings. He felt it was time for the city to support its residents and he was offended that a developer was asking the city for a break in its fees. Mr.O'Malley reminded the City Council that they took an oath to represent people and it was time to stand up and represent them not developers. Mark Johnson from Yorkville quoted from George Washington regarding representation of the people. He presented Alderman Gilson with a copy of the Constitution of the United States of America. Ted Lemmey from Raintree Village stated that the School District was looking at using Comcast for connectivity between the schools and this will cost approximately$16,800.00. He stated that he has a wireless solution that is cheaper however the School District did not support it because it would take too long and it needs the use of water towers. He asked the city to send the School District a letter stating that it would not take too long and that they could use the towers. Mayor Burd stated that she did not feel there would be a problem accommodating the School District however she did not feel it was the city's place to coerce them into changing their minds. Alderman Gilson added that the School District's main objection with using the water towers was that it would take too Long to get approval for this. Todd Milliron,Kendall County resident,asked how much band width the city has and how much did the School District need. Mr.Olson indicated he did not know.Mr.Milliron suggested that this be investigated and Mayor Burd suggested that concerned residents take the matter up with the School District John Butler,Raintree Village,commented that he felt the School District concern with the time length was a"red herring". He slated that the School District is holding off the Comcast contract even though the School Board voted to spend the money. He stated that the School District has not evaluated their internal infrastructure or researched the matter thoroughly. Mayor Burd asked what this all had to do with the City Council. Mr.Butler reiterated that the School District is saying that the city is the reason for not considering a less expensive alternative. CONSENT AGENDA None. PLAN COMMISSION/ZONING BOARD OF APPEAL Director Miller reported that the Plan Commission will be meeting on May 13,2009 at 7:00 p.m. The Minutes of the Regglar Meeting of the City Council—May 12 2009—1page 3 MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meeting of March 24,2009;seconded by Alderman Golinski. Alderman Golinski noted an error on the bottom of page two;the vote count is incorrect. Clerk Milschewski stated that she caught the error after the copies were made for the packets and has corrected Alderman Plocher's vote to nay. Motion approved unanimously by a viva voce vote. SILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated May 1,2009 totaling the following amounts:checks in the amount of$102,607.61 (vendors —FY 08109);$486,890.47(vendors—FY 09110);$264,895.97(payroll period ending 4/25109); $18,008.20(payroll period ending 4130109);for a total of$874,402.25;seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye,Plocher-aye,Spears-aye,Werderich-aye,Teeling-aye,Golinski-aye,Gilson-aye Alderman Sutcliff was not present for the vote. REPORTS MAYOR'S REPORT Proclamation for Poppy Days (CC 2009-43) Mayor Burd read a proclamation declaring May 21,22,and 23,2009 as Poppy Awareness Days(see attached). Appointments to Boards and Commissions (CC 2009-44) Mayor Burd reported that several appointments needed to be made each May. She noted that there is an opening on the Zoning Board of Appeals and anyone interested should contact City Secretary Bonnie Olsem. Fire and Police Commission—Mike Anderson Mayor Burd entertained a motion to approve there-appointment of Mike Anderson to the Fire and Police Commission.So moved by Alderman Munns;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye,Spears-aye,Plocher-aye,Werderich-aye,Golinski-aye,Teeling-aye,Gilson-aye Alderman Sutcliff'was not present for the vote. Human Resource Commission—Scott Gengler Mayor Burd entertained a motion to approve the re-appointment of Scott Gengler to the Human Resource Commission So moved by Alderman Golinski;Alderman Werderich. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Plocher-aye,Werderich-aye,Golinski-aye,Teeling-aye,Gilson-aye,Munns-aye Alderman Sutcliff was not present for the vote. Library Board—Carol LaChance Mayor Burd entertained a motion to approve the re-appointment of Carol LaChance to the Library Board. So moved by Alderman Werderich;seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye,Werderich-aye,GoIinski-aye,Ter-ling-aye, Gilson-aye,Sutcliff-aye,Munns-aye,Spears-aye Library Board—7ach Frisch Mayor Burd entertained a motion to approve the re-appointment of Zach Frisch to the Library Board.So moved by Alderman Golinski;Alderman Werderich. The Minutes of the Regular Meeting of the City CounciI—May 12 2009—Pan 4 Motion approved by a roll call vote. Ayes-8 Nay" Werderich-aye,Golinski-aye,Teeling-aye,Gilson-aye, Sutcliff-aye,Munns-aye,Spears-aye,Plocher-aye Library Board—Beth Gambro Mayor Burd entertained a motion to approve the re-appointment of Beth Gambro to the Library Board.So moved by Alderman Golinski;Alderman Werderich. Motion approved by a roll call vote. Ayes-8 Nays-0 Golinski-aye,Teeling-aye,Gilson-aye,Sutcliff-aye, Munns-aye,Spears-aye,Plocher-aye,Werderich-aye Park Board—Deborah Horaz Mayor Burd entertained a motion to approve the re-appointment of Deborah Horaz to the Park Board,So moved by Alderman Plocher;Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 'feeling-aye,Gilson-aye,Sutcliff-aye,Munns-aye, Spears-aye,Plocher-aye,Werderich-aye,Golinski-aye Plan Commission—Charles Kraupner Mayor Burd entertained a motion to approve the re-appointment of Charles Kraupner to the Plan Commission.So moved by Alderman Plocher,Alderman Golinski. Motion approved by a roll call vote, Ayes-8 Nays-0 Gilson-aye,Sutcliff-aye,Munns-aye,Spears-aye, Plocher-aye,Werderich-aye,Golinski-aye,Techng-aye Plan Commission—Sandra Adams Mayor Burd entertained a motion to approve the re-appointment of Sandra Adams to the Plan Commission.So moved by Alderman Plocher;Alderman Werderich. Motion approved by a roll call vote. Ayes-8 Nays-0 Sutcliff-aye,Mums-aye,Spears-aye,Plocher-aye, Werderich-aye,Golinski-aye,Teeling-aye,Gilson-aye Police Pension Fund Board—Fred DuSell Mayor Burd entertained a motion to approve the re-appointment of Fred DuSell to the Police Pension Fund Board.So moved by Alderman Golinski;Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Spears-aye,Plocher-aye,Werderieb-aye, Golinski-aye,Teeling-aye,Gilson-aye,Sutcliff-aye Selection of Mayor Pro Tem for FY 09110 (CC 2009-45) Mayor Burd reported that,based on seniority,Alderman Golinski is next in line to serve as Mayor Pro Tem. Mayor Burd entertained a motion to appoint Alderman Golinski as Mayor Pro Tem;seconded by Alderman Munns;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Plocher-aye,Werderich-aye,Golinski-aye, Teeling-aye,Gilson-aye,Sutcliff-aye,Munns-aye Selection of Aldermen to Standing Committees (CC 2009-46) Mayor Burd reported that the City Council members needed to pick the committees they wished to serve on. Using the May 7,2009 memo from Mr.Olson to the City Council as a guideline,the City Council members picked the following committees: • Economic Development Committee—Alderman Golinski(chairman),Alderman Spears(vice- chairman),Alderman Werderich and Alderman Sutcliff • Public Safety Committee—Alderman Werderich(chairman),Alderman Mums(vice-chairman), Alderman Plocher and Alderman Spears • Public Works Committee—Alderman Plocher(chairman),Alderman Gilson(vice-chairman), Alderman Munns and Alderman Tooling The Minutes of the Regular Meetine of the City Council—May 12 2009—133LLTE 5 • Administration Committee—Alderman Sutcliff(chairman),Alderman Teeling(vice-chairman), Alderman Golinski and Alderman Gilson Development Issues—Discussion (CC 2009-47) Mayor Burd reported that she asked that this be placed on the agenda There are water and flooding issues in several areas of the city such as Windett Ridge,Heartland Circle,Fox Hill,Lillian Lane,etc. There is no place for rain water to go due to the high water table. These problems are not unique to Yorkville as other communities in the area are also seeing them. She felt that there is a need to find a solution and she advised the City Council that she would like to use Engineering Enterprises,Inc.to look into the flooding in Windett Ridge as well as on Van Emmon Road and in Fox Hill. She stated that she met with Jeff Freeman from EEI and he will provide information on water issues. Mayor Burd also noted that she has received calls from residents in Grande Reserve who are concerned with the affects of foreclosures on their properties and dumping in the area. She and Alderman Teeling met with the land manager of Grande Reserve and Administrator McLaughlin met with the bank to discuss these issues. Alderman Spears suggested withholding funds from the developer's letter of credit until the punch list is approved. She suggested using the funds for repairs. Attorney Orr stated that she is looking at the documentation for the LOC's. Administrator McLaughlin added that there is no time frame for subdivision improvements such as the final coat on roads. Alderman Gilson stated that the city has been the"nice guy"however they should act immediately and get stricter on fines. The city should hold developers accountable. Mayor Burd noted that developers front funded three schools in the city and some spent money up front for landscaping and trails. Now due to the market,they are going bankrupt and the city is now dealing with banks to get maintenance done. Alderman Teeling stated that residents in Grande Reserve are having an issue with the Homeowner's Association because they are paying money into it and no one is maintaining the development. Mayor Surd explained that the city does not get involved with HOA's and if the property is foreclosed on the bank is responsible for maintenance. CITY COUNCIL REPORT Windett Ridge Development Issues Alderman Werderich reported that on April 30,2009 there was a Ward I meeting where issues in the Windett Ridge subdivision were discussed. Residents of the subdivision feel that the developer, Wiseman-Hughes,is leaving them"high and dry". Alderman Werderich went over the issues discussed as outlined in his memo dated May 12,2009(see attached). He stated he would like to see a plan and funds in place to take care of issues in the subdivision. He asked the City Council to take action on these concerns as soon as possible. Alderman Gilson stated he spoke with residents in the area and agreed with Alderman Werderich;the city needs to act immediately. He stated he was in favor of tapping into bonds to resolve issues. Attorney Orr stated she was just told this evening that Wiseman-Hughes has turned over the deed in bankruptcy. The Bank of America(BAC)is now the owner of the development and the concern now is getting a judgment out of a courtroom. She stated that the bank was given a list of concerns and the city will wait for a response. She noted that there is a performance bond outstanding but due to its age she was unsure if a draw on it would be enough to get the work done. Alderman Spears stated that it was appalling that taxpayer's dollars are supporting banks. She supported the pursuit of BAC in order to get things done and she recommended residents send letters to their legislators to make them aware of the situation. Mayor surd added that she hoped the BAC would hold up to the Annexation Agreement. She stated that there are drainage issues because the streets have not been finished and the storm sewers are higher than the pavement. Other areas fall under what she wants EEI to investigate. Mayor Burd cautioned that BAC just took over the property and that everyone should wait and see how they handle the situation. Alderman Gilson felt that this approach might get the roads done but probably nothing else. He suggested liening the property. Administrator McLaughlin explained that the city was unable to lien the property at this time and he noted that the developer is in default of the Annexation Agreement. Alderman Gilson asked if there was a timeline to get work done. Attorney Orr stated that she was not The Minutes of the Regular Meeting of the City Council—May I2 2009—pace 6 sure. The deed was given to the bank in lieu of foreclosure and there were certain steps to be taken. She stated that it was important not to let the process drop. Alderman Werderich asked that this be placed on the Public Works Committee agenda so they can discuss what the city can do to rectify the situation. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Treasurer Powell reported that he had signature cards that needed to be signed by the City Council. He asked the aldermen to stop by city hall to sign them. CITY ADMINMTATOR'S REPORT Administrator McLaughlin reported on the following: • Representative Foster's office spoke with Mayor Burd about Yorkville's transportation needs. • Downtown businesses are working on where to place twenty parking spots that will be lost when Route 47 is widened. • Permits for the Hampton Inn are expected soon. FINANCE DIRECTOR'S REPORT No report, DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that street lights in the Menards area and the Yorkville Business District are being repaired and that paving at Kendall Marketplace was being done. CHIEF OF POLICE'S REPORT Chief Martin reported on the following: • Illinois Crime Prevention Seminar was held at the courthouse on April 30,2009 where the medication disposal program was discussed. Through this program the Police Department accepts old medication from people and properly disposes of it. Other communities expressed interest in the program. Mayor Burd commented that the Yorkville Police Department was the first in Illinois to have this program and she commended the department for their work. • Through the Cell for Seniors program,the Police Department is making cell phones available for seniors to use in case of emergency. The Police Department ordered fifty cell phones and collected 100 used cell phones for the program. • A donation has been made to the Knox-Box program which allows keys to a person's house to be kept available in case of an emergency.The Police Department is assisting the Fire Department in installing the boxes. • The police are checking into the KKK material found by Mr.Batdorf and his daughter however people are guaranteed First Amendment Rights. The department is making sure residents are safe and if anyone has any concerns they should contact the Police Department. DIRECTOR OF PARKS&RECRFATION'S REPORT Interim Park&Recreation Director Olson reported on the following: • There are two operating budgets;one for classes and services and one for recreation activities. The Rec Center should be self supporting and it is. No funds are being transferred.The center is running a deficit but they are increasing programming so more funds can be brought in. He estimated that$220,000.00 in revenues is collected from classes. Rec Center memberships are also half of the total revenues. Alderman Gilson asked when Mr.Olson expected the books to be in the black. Mr.Olson estimated April 2010. His goal is to have the deficit eliminated by the next fiscal year budget. • The City Golf Outing will be held on May 15,2009 and there are still openings. • The eight week"Just hose It"'program closes tomorrow. • Soccer registration starts June b,2009 at 9:00 a.m.at the Ree Center, Walk-in registration only • The Farmers Market begins June 13,2009 and applications are still being accepted, • Two parks are being dedicated—the Junior Women's Club Park in Heartland Circle on May 30, 2009 at noon and the Green's Filling Station Park in Autumn Creek Park on June 5,2009 at 5:30 p.m. The Minutes of the Regular Meeting of the City Council--May 12 2009—page 7 COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported on the following: • There will be a public open house for the Transportation Plan on May 14,2009 where the preliminary draft of the plan will be presented. • On May 27,2009 the Planning Consortium will be hosting an ecology presentation to be used on vacant lots. Millbrook is hosting the event. COMMUNITY RELATIONS OFFICER'S REPORT Mrs.Spies reported on the following: • There are additions to the city website such as the Shop Yorkville program,Ree Center website; and information about working with Representative Foster's office. • The City newsletter and the Park&Recreation Department catalog were delivered to resident's doors. This form of delivery saved the city S 10,000.00. Anyone who did not receive one should contact her. • She thanked Cecelia Sanders of the Human Resource Commission for submitting the Kendall County Food Pantry for the Governor's Hometown Award. COMMUNITY&LIAISON REPORT Ward I Meeting Alderman Werderich reported that a Ward I meeting was held on April 30,2009 and he thanked everyone who attended. Library Board Mayor Burd reported that she attended the Library Board meeting where they expressed their appreciation for former Alderman Allen's attendance at their meetings. They discussed their minute taking situation with their committees and she reminded them that the City Council passed an ordinance requiring all city meetings to be tape recorded Metro West Mayor Burd reported on a Metro West survey which concerns a funding mechanism that is included in the state income tax increase. The city will receive 10%of the increase. With the economy down,the amount of funds the state sees is decreased so the city will see a substantial difference. The question is,as part of the capital bill,would municipalities agree to decrease the percentage they receive so more funds can be allocated. The survey also asks if the city would consider a decrease short of the mean tax increase for the capital bill. REPORTS PUBLIC WORKS COMMITTEE REPORT Resolution 2009-24 Approving a Revised Policy for Athletic Field Use Policies and Procedures (CC 200942) A motion was made by Alderman Plocher to approve a resolution approving a Revised Policy for Athletic Field Use Policies and Procedures and authorize the Mayor and City Clerk to execute;seconded by Alderman Golinski. Alderman Golinski asked if the agreement went before the Park Board. Mr.Olson stated that the current revision was not reviewed by the Park Board however they did see it two revisions ago.Originally there were three packages for tournament play but this revision keeps only one package;the cheapest one offered. This package reduces manpower. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye,Werderich-aye,Golinski-aye,Teeling-aye, Gilson-aye,Sutcliff-aye,Munns-aye,Spears-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Wind Energy Systems Ordinance—Rooftop Systems Regulations--First Reading (EDC 2009-01) Alderman Golinski reported that this is the first reading of the ordinance for public information. Ordinance Amending the Code of Ordinance Providing for the Regulation of Signs (EDC 2009-17) A motion was made by Alderman Golinski to approve an ordinance amending the Code of Ordinances providing for the regulations of signs and authorize the Mayor and City Clerk to execute;seconded by Alderman Munns. The Minutes of the Regular Meeting of the City Council—May 12 2009—Page 8 Alderman Spears asked if on page 6 permits for windfeathers could be clarified. Director Miller explained that solid color wind feathers are exempt from code so no permit is needed as they are not considered a sign. Windfeathers with text on them are signs and require permits. Windfeathers are considered temporary signs and the permit is$25.00 initially with a$5.00 renewal. Alderman Spears stated that she had a problem with charging a fee for windfeathers.Alderman Gilson agreed with Alderman Spears'concern with the windfeathers. Alderman Spears questioned item I on page 8 regarding trailer signs. She suggested that this item exclude the Police Department trailer sign. Director Miller stated that government signs are addressed in section 8-11-5E. Alderman Spears also noted that a time frame was eliminated and she suggested re-addressing the time limit. Alderman Golinski noted that there was no push to get this approved and he suggested it be sent back to committee. A motion was made by Alderman Spears to send the ordinance back to the Economic Development Committee,seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Werderich-aye,Golinski-aye Teeling-aye,Gilson-aye, Sutcliff--aye,Munns-aye,Spears-aye,Plocher-aye Ordinance Authorizing the Execution of the first Amendment to the Annexation Agreement and Planned Unit Development Agreement Autumn Creek (EDC 2008-53) A motion was made by Alderman Golinski to approve an ordinance authorizing the execution of the First Amendment to the Annexation Agreement and Planned Unit Development Agreement and authorize the Mayor and City Clerk to execute,seconded by Alderman Munns. Alderman Golinski reported that both Pasquinelli and Pulte carne to the Economic Development Committee requesting refunds. Pulte is currently the only developer puling building permits. Their request does not affect the city's budget and he thought the city could work with them to avoid bankruptcy. He also noted that they have stopped their SSA program. Alderman Werderich stated he could not support this amendment until the water issue on Lillian Lane is corrected. Alderman Spears stated that that she would be more comfortable with agreeing to the amendment if they paid back the SSA to the eighty homeowners who already paid it. Alderman Gilson stated he could not support the request because he was concerned who would pay the city if the developer went bankrupt. Motion defeated by a roll call vote. Ayes-3 Nays-4 Present-1 Golinski-nay,Sutcliff-aye,Munns-aye,Spears-nay, Plocher-present,Werderich-nay,Golinski-aye,Teeling-nay PUBLIC SAFETY COMMITTEE REPORT Ordinance 2009-26 Amending the Cade of Ordinances Providing for the Regulation of Truancy Second Reading (PS 2008-55) A motion was made by Alderman Spears to approve and an ordinance amending the Code of Ordinances providing for the Regulation of Truancy and authorize the Mayor and City Clerk to execute;seconded by Alderman Werderich. Alderman Spears noted that the ordinance mirrors state code and allows truancy to be reinforced by the Police Department. It is designed to help kids stay in school and is an intervention tool. If adopted,it will be included in the School District's student handbook. Motion approved by a roll call vote. Ayes-8 Nays-0 Sutcliff-aye,Munn-aye,Spears-aye,Plocher-aye, Werderich-aye,Golinski-aye,Teeling-aye,Gilson-aye The Minutes of the Regular Meeting of the City Council—May 12 2009- Page 9 ADMINISTRATION COMMITTEE REPORT Ordinance 2009-27 Amended and Restated Governing Ordinance Regarding Use of City Equipment (ADM 2009-30) A motion was made by Alderman Sutcliff to approve an ordinance amending and restating the Governing Ordinance regarding the use of city equipment and authorize the Mayor and City Clerk to execute; seconded by Alderman Murms. Mayor Burd stated she has taken information to the State's Attorney's office regarding campaigning via the city's email and she wanted the City Council to be aware of this. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Golinski-aye,Teeling-aye,Gilson-aye,Sutcliff-aye, Munns-aye,Spears-present,Plocher-aye,Werderich-aye ADDITIONAL BUSINESS Baseball Walk-a-thou Alderman Werderich reported that on May 17,2009 Yorkville Youth Baseball will be holding a walk-a- thon and that the City Council has been invited to attend. It will begin at 1:00 p.m.at Circle Center Grade School and end at Beecher Park. Springfield Trip Alderman Sutcliff reported that she went to Springfield with the Metro West lobby.She represented Yorkville and had a private meeting with the secretary of IDOT. There was discussion about the funding of the capital bill,Route 47 widening,the Prairie Parkway,Eldamain Road improvements etc. EXECUTIVE SESSION Mayor Burd entertained a motion to go into Executive Session for the purpose of 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. So moved by Alderman Werderich;seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-1 Spears-aye,Sutcliff-aye,Werderich-aye,Teeling-aye, Golinski-aye,Gilson-aye,Munns-aye,Plocher-nay The City Council entered the Executive Session at 10:04 p.m. The City Council returned to regular session at 10:40 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Werderich;seconded by Alderman Spears. Adjournment of the meetings was unanimously approved by a viva voce vote. Meeting adjourned at 10:41 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE , ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R . , on May 12 , 2009 , at the hour of 7 : 00 p . m. , at 800 Game Farm Road in the City of Yorkville , Illinois . D-877709 REPO • COURT reporting scrvicc 630-983-0030 1300 Iroquois Avenue, Suite 100 Naperville, IL 60563 e-mail: depocourt@comcast.net • www.depocourt.com 2 1 P R E S E N T : 2 MS . VALERIE BURD, Mayor; 3 MR . GARY GOLINSKI , Alderman ; 4 MR . ARDEN JOE PLOCHER, Alderman; 5 MR . MARTY MUNNS , Alderman; 6 MS . ROSE ANN SPEARS, Alderwoman ; 7 MS . ROBYN SUTCLIFF, Alderwoman ; 8 MR . WALLY WERDERICH, Alderman ; 9 MR . GEORGE GILSON, JR . , Alderman ; 10 MS . DIANE TEELING, Alderwoman . 11 12 13 MR . BRENDAN MCLAUGHLIN, City 14 Administrator; 15 MR . WILLIAM POWELL, City Treasurer ; 16 MS . JACQUELINE MILSCHEWSKI , City Clerk . 17 18 A P P E A R A N C E S : 19 BY : MS . KATHLEEN FIELD ORR, 20 Appeared on behalf of the United 21 City of Yorkville, Illinois . 22 - - - - - 23 24 Depo•Court Reporting Service ( 630) 983-0030 3 1 ( Pledge of Allegiance . ) 2 (WHEREUPON, a portion of 3 the proceedings was not 4 herein transcribed . ) 07:16PM 5 MAYOR BURR: We are going into public 6 hearing . Pulte Home Corporation, petitioner, has 7 filed an application wr"., �.h the United City of B Yorkvil."..e requesting an amendment to the 9 Annexation Agreement and Planned Unit Development 07:16PM 10 Agreement dated April 12 , 2005 , for approximately 11 285 acres . 12 The amendment would change the 13 timing for payment of the City b . l.ding permits 14 and development fees for residences that are built :7 :16PM 15 within that part of the annexation property which 16 is zoned for residential purposes . 17 The residential property consists of 1B approximately 265 acres north and south of Kennedy 19 Road and north of Route 34 . 07:16PM 20 Is anyone here this evening from 21 Pulte Homes? 22 MR . MASTROROCCO : Yes , Mayor . 23 MAYOR BURR : Would you like to come up 24 to the podium? Depo-Court Reporting Service ( 630) 983-0030 4 1 MR . MASTROROCCO : Yes . Good evening, 2 Mayor Burd and members of the C:. ,y Council . My 3 name is Mark Mastrorocco and I am with Pulte Homes 4 and I am here today to give just a very brief 07:17PM 5 overview of our proposed amendment . 6 We ' ve worked with City Manager 7 McLaughlin and Community Development Director 8 Travis Miller to address as best we can in the 9 spirit of a partnership the obvious very h. 7PM 10 challenging housing market conditions in the City 11 of Yorkville . 12 Just as an update on our project , as 13 you saw in your packets , the total project size is 14 575 units . To date we ' ve sold about 20 percent of a7:18PM 15 the s ng_' e--family homes and about 40 percent of 16 the townhomes . 17 Just as a reminder, there are really 16 three other components to the project ; the first 19 is the future commercial retail development o7:1ePM 20 opportunity on Route 34 . A second part of our 21 partnership is work-ing with the Park and 22 Recreation Department , and we ' ve facilitated the 23 new Autumn Creek Park within t';e property . And, 24 lastly, we ' ve worked very closely with the Depo*Court Reporting Service (630) 9B3-0030 5 1 community school district to perform considerable 2 development improvements to facilitate t}he new 3 elementary school that ' s on its site . 4 So we are really proud of the 07:18PM 5 success we ' ve had to date , and once again, like 6 you, it is a partnership with all the stakeholders 7 within the community . 8 However, as everyone knows, these 9 are very, very challenging economic conditions and 07:19PM 10 housing market conditions , and in the spirit of 11 that partnership, we wanted to propose to the City 12 some relief that ultimately, after working with 13 staff, does not change the amount of the impact 14 fees , it just changes the timing of the payment of 07:19PM 15 the fees , and that ' s what ' s proposed in your 16 packets today, and we appreciate your valuable consideration on it . 18 MAYOR BURD : Okay . Is there anyone here 19 who would like to mane a comment on this? If you 07:19PM 20 would, please come up to the podium, state your 21 name for the record . 22 Somebody has a cell phone ; please 23 turn it off or turn it to silent . 24 MS . DUDEK : Evening, Mayor and members Depo•Court Reporting Service ( 630) 983-0030 6 1 of the Council . I addressed you last month at 2 your meeting . 3 MAYOR BURD: Ma ' am, would you state your 4 name for the record? 07:19PM 5 MS . DUDEK: I ' m sorry . Frances Dudek 6 from Crystal Lake subdivision of Yorkville . Our 7 property abuts . We all received a letter from the 8 Pulte lawyers that this was gong to be talked 9 about tonight , we all received cert f _i.ed lette-rs 07:20PM 10 to let us know th;,t this was going to happen . 11 In view of the fact that there have 12 been so many problems on the Phase section of 13 Autumn Creek, I ' m kind of going to ask the City 14 Council if they would consider still keeping the 07:20PM 15 original payment plan that Pu '." - agreed to with 16 you and perhaps that money could be put into some 17 sort of a fund in case, in -.he very substantial 18 case , repairs have to be made . 19 There were mistakes made when the 07:20PM 20 second phase of Autumn C: :ek was developed . You 21 are not allowed to raise eleva% ons next to 22 adjoining property if it then affects the people 23 that live in the homes on that property, and in 24 this particular case, it ' s flooding . Depo•Court Reporting Service ( 630) 983-0030 7 1 We are also not allowed to redo 2 drain tiles , existing drain tiles , which kept our 3 area from flooding , and when the property was 4 regraded, drain tiles were eliminated . A new 07:21PM 5 sewer system was put in, but that ' s not helping 6 us . 7 We have suffered through three 6 months of flooding since January, February, March, 9 Ap-�il . Our sumps pumps have gone continuously and 07:21PM 10 we have water in our basements . 11 So what we ' re asking the City 12 Council , what I ' d like them to consider, is that 13 perhaps the moneys that Pulte would have given you 14 could be set aside in some sort of a fund that 07:21PM 15 eventually might pay for some of the things that 16 have to get fixed, and it would not have to be a 17 reflection of the people , the taxpayers of 18 Yorkville , would have to pay for . 19 Any questions? 07:21PM 20 (No Response . ) 21 MS . DUDEK : I think I told you 22 everything . 23 MAYOR BURD : Thank you . 24 MS . DUDEK : The main thing was the Depo•Court Reporting Service (630) 983-0030 8 1 raising of the elevations six to 12 feet above our 2 property, so we got all the water run-off from 3 that , and then again the removal of the drain 4 tales that prevented us from flooding all these 07:22PM 5 years . Thank you . 6 MAYOR BURD: Thank you . Is there anyone 7 else here tonight who would like to speak? B MR . O ' MALLEY : My name is Robert 9 O ' Malley and I , too, am a resident of the Lillian 07:22PM 10 Lane subdivision, which is opposed to the Pulte 11 development , and I am saying is what right does 12 the C �.ty of Yo-, kville have to give these 13 developers permission to en;-; ..ch themselves at the 14 expense of the residents who l; ve there whose 07:22PM 15 basements are flooding as we speak, and the City 16 of Yorkville , and especially the Public Works man, 17 says that ' s the lay of the land? 18 Well , we ' ve been there before Pulte 19 ever -ho,,;ght about developing their property and 7 07:23PM 20 find it offensive that the City of Yorkville would 21 damn us for the sake of a few dollars for their 22 sake of getting retail sales or whatever they are 23 talking about at the expense of the residents who 24 are already there and suffering what already has Depo•Court Reporting Service ( 630) 983-0030 9 1 been going on for the last year . Thank you very 2 much . 3 MAYOR BURR: Thank you, sir . Is there 4 anyone else here tonight who would ke to speak? 07:23PM 5 Yes , sir . 6 MR . MILLIRON : Todd Milliron, 61 7 Cotswold Drive . The way I understand this is 8 Pulte is asking for a timing difference on how 9 these fees will be paid and it ' s all in Exhibit 07;24pM 10 E -- or Exhibit G, as in girl , which came out of 11 the original annexation agreement , which would be 12 2005-25 , and there was two items referenced in 13 that Exhibit G . 14 Item one is the one that pertains I 07:24PM 15 believe to the 80120 split, which has to do with 16 the building permit fee, which is $ 650 plus 20 17 cents per square foot for every square foot 18 that -- the size of the house . 19 So the way I understand it , they ' re 07:24PM 20 supposed to get 80 percent upfront and defer the 21 20 until they get their occupancy permit . 22 The other pertains to the 23 development fees , which there are several fees 24 that are .nvolved there, and this is on a 50/50 Depo•Court Reporting Service ( 630) 983-0030 10 1 split , and the public works fees is $700 , the 2 police fee is $300 , the building fee , which would 3 be for like a new city building or something like 4 that, is $ 150 , the library fee is $500 , parks and 5 recreation is 50 , engineering is $ 100 , and the 6 Bristol-Kendall Fire Department is $ 1 , 000 . 7 Than. a`. l adds up to $2 , 800 in fees , 8 of which apparently 1400 would be paid at the time 9 of permit and the other $1, 400 would be received 07:25PM 10 at the time they received their occupancy permits . 11 I would ask that if you think about 12 amending this fee agreement that you also consider 13 the school district and possibly putting in some 14 type of, I don ' t know, CPI or something like that 07:25PM 15 so that the value of the 2000 money -- the 2005 16 money was passed at that -, .° me , whatever, we 17 continue to still have the buy ng power of the 18 school district fees that would be included in 19 this annexation ag - ement , which is $ 3 , 000 for 07:26PM 20 what I would consider the transition fee , I 21 believe that ' s what it ' s called, and then there is 22 another land cash fee that applies to the school , 23 and it depends on if it ' s a duplex or a 24 single-family home, and under the school. section Depo•Court Reporting Service ( 630) 983-0030 11 1 that ' s $762 . 73 , and under the single-family homes , 2 that would be a fee of $ 1 , 200 . 12 -- or $ 1 , 212 . 3 So if this agreement is amended, I 4 would ask that the schools be considered and we 07:26PM 5 would get some type of an inflationary add-on here 6 as these homes are built in the future so that the 7 cost of the money that was agreed to still has the 8 buying power in the future of that agreement . 9 Thank you . 47:27PM 10 MAYOR BURD : Is there anyone else here 11 tonight who would like to speak? 12 MR . O ' MALLEY : Is it limited just to -- 13 MAYOR BURD : Yes . This is just the 14 public hearing on Pulte Home . Anybody who would 07:27PM 15 wish to speak on that? 16 (No Response . ) 17 MAYOR BURD : If there is no more 18 comments -- 19 ALDERMAN SPEARS : Can we speak now? 07:27PM 20 MAYOR BURD : Yes . 21 ALDERMAN SPEARS : Okay . I do have some 22 concerns . I am actually the Alderman for the Ward 23 4 for Pulte Homes, and I know that you ' re talking 24 about creating a good partnership, but I feel the Depo•Court Reporting Service (630) 983-0030 12 I par5tne-7sh-Lp that you created with the 80-some 2 people that were responsible for paying SSA ' s and 3 they are paying them now and then you suddenly, 4 Pulte Home , decided that they were going to do 07:27PM 5 some kind of promotion, which you said were three 6 months , but I believe it was longer than that , it 7 started in spring and continued until Halloween, 8 because I was there quite often with the people , 9 and also I just recently last week received a 07:28PM 10 phone call from an Autumn Creek current homeowner 11 and apparently there is a new home going up right 12 behind him and the elevation is either two or four 13 feet higher, and he is quite concerned, as these 14 other people, that there is go - g to be flooding 07:2BPM 15 issues , and I think that you should really address 16 these issues and address the other people . 17 And how many people actually 18 purchased homes without an SSA there? 19 MR . MASTROROCCO : Alderman Spears -- and 07:28PM 20 I know we communicated a little bit through the 21 Community Development Department --- I wasn ' t 22 working on the project a': :hat time . 23 The information that I got was that 24 it was approximately ten homeowners who were able Depo•Court Reporting Service ( 630) 983-0030 13 1 to take advantage of that sales promotion . If you 2 have information or anyone else does that ' s 3 contrary to that , I can certainly check with folks 4 internally at our company and get right back to 07:29PM 5 you tomorrow on that . 6 ALDERMAN SPEARS : Do you realize what 7 you have created with those ten people? Those ten 8 people are paying -- How much is your SSA for the 9 homeowners ? 07:29PM 10 MR . MASTROROCCO : $35 , 000 . 11 ALDERMAN SPEARS : So the ten people that 12 you allowed, automatically their homes are worth 13 $ 35 , 000 more than the original 80 some people that 14 purchased and the people that are purchasing now, 07:29PM 15 and to me, that is not fair at all , and you know I 16 have concerns with that . I did voice that . 17 And also are you purchasing -- is 18 Pulte purchasing Autumn Creek -- or I ' m sorry, 19 Bristol Bay, Centex Homes ? 07:3oPM 20 MR . MASTROROCCO : Well , publicly there 21 is the announcement of the merger between Pulte 22 Homes and Centex Homes . That merger transaction 23 has not been completed yet . 24 ALDERMAN SPEARS : Okay . And my last and Depo•Court Reporting Service (630) 983-0030 14 1 final statement I ' d like to say is this would be 2 setting a precedence . We will have every single 3 developer coming in asking us for something , and 4 this City at this time cannot afford that . 07:30PM 5 We just have a very tight budget , we 6 need all the funds we can get , as well as our 7 school district , our library, our emergency B personnel . 9 And on the upside I ' d like x..,, say 3OPM 10 I ' ve heard that your homes are just remarkable . 11 Everybody loves your construe". .on and your homes , 12 and I do want to add that as well . 13 MR . MASTROROCCO : Thank you . 14 ALDERMAN SPEARS : And I love to see you 07:30PM 15 in Yorkville . However, I cannot vote in favor of 16 this due to all the items that I just mentioned . 17 ALDERMAN PLOCHER : What ' s the benefit to 18 the C-ty :;.or doing this? I mean, there is 19 obviously a benefit to you, but what ' s the benefit 07:31PM 20 to us? Are you ge'-:t:�.ng houses faster or what ' s 21 the deal? 22 MR . MASTROROCCO : I think that ' s exactly 23 right , Alderman . Sales paces are critical to a 24 successful community . The sooner we are able to Depo•Court Reporting Service (630) 983-0030 15 1 complete the homes , the less ongoing construction 2 there is within the community, and I would really 3 view that as the most important benefit to the 4 community as a whole . 07:31 PM 5 ALDERMAN PLOCHER : Can you guarantee 6 you ' re going to bu d them faster than you are 7 now? 8 MR . MASTROROCCO : We ' re certainly 9 motivated to complete this high quality community 07:31PM 10 as qu-ck'_y as possible . Obviously we can control 11 certain things , but ultimately we can ' t control, 12 the market and the decisions that consumers make 13 given -- given the challenges of today ' s economic 14 conditions . 07:32PM 15 ALDERMAN PLOCHER: Thank you . 16 MAYOR BURD : Alderman G,41-son? 17 ALDERMAN GILSON : I ' m not against 18 development , but I guess I believe the City of 19 Yorkville has been more than fair and equitable to 07:32PM 20 the developers in the past to the point of giving 21 so many concessions that we as a city couldn ' t 22 even keep up with all the concessions we ' ve given 23 and it ' s created uncontrolled growth . Some of 24 these concessions have come back to haunt us , Depo•Court Reporting Service ( 630) 983-0030 16 1 especially now in times of economic disparity . 2 I am not in favor of giving any more 3 concessions to Pulte at this time . In their 4 business there is -- in your business obviously 07:32PM 5 there is risk and reward, and when things are good 6 and concessions were plentiful , there was no 7 approach to the City and no complaints and 8 obviously you were making money . 9 When times are bad and developers 07:32PM 10 aren ' t -- aren ' t bu _ '.ding like they wanted to , 11 they want bailout agreements , they want to ask the 12 City for further concessions , such as refunds and 13 payment options , and really it ' s put the City in a 14 1 ab _ lity, and the residents , and multiple 07:33PM 15 problems because -- have resulted because of it , 16 so I am not in favor of giving any concessions at 17 this time . 18 MAYOR BURD : There is still public 19 comment . Any other Aldermen? 07:33PM 20 ALDERMAN SUTCLIFF : Yeah, I ' d lake some 21 clarification as far as the school district is 22 concerned . Does the City have a right to 23 negotiate the payment of those fees? 24 Because I never even thought about Depo*Court Reporting Service (630) 983-0030 17 1 that . We talked about it in the EDC, this might 2 affect the school ' s money going to them. 3 MR . MILLER : There are -- if I can 4 answer . There are ordinances in place, the land 07:33PM 5 cash ordinance, as well as the transition fee 6 ordinance . The annexation agreement for Pulte as 7 created contemplated both of those , included them, 8 in the fee schedule . 9 This amendment is focused on -- what 07:34PM 10 Pulte is currently asking for is an amendment to 11 the developme: ,-. fees , does not include the fees 12 that are being paid to the school district . The 13 transition fee is the fee that is paid in building 14 permit . lt, ' s actually paid directly to the school o7:34PM 15 district . They give the petitioner or the 16 applicant a receipt which is brought to City Hall and a permit is not issued until that is received 18 and verified that the school district is getting a 19 transition fee on the unit . 07:34PM 20 Land cash was negotiated as well in 21 this agreement . Following the land cash 22 ordinance, ", was mentioned earlier this 23 particular development donated 15 acres for the 24 location of an elementary school , so that was part Depo•Court Reporting Service (630) 983-0030 18 1 of the land cash equation . :at contribution 2 wasn ' t enough to fulfill the land cash 3 requirement , which is why there is some remaining 4 cash amount that is due . 35PM 5 Again, there is a permit or the 6 amendment request that is the subject of the 7 public hearing this evening and doesn ' t include B amending the terms of either of those payment 9 types to the schoo". district . 07:35PM 10 ALDERMAN SUTCLIFF : Personally I think 11 that the end result that I asked in the EDC 12 meeting is that are we going to get any less money 13 than we would have otherwise and the answer is no . 14 I don ' t think this is a bailout . 07:35PM 15 We ' re going to get our money; we just may not get 16 it all right away . 17 And the second on timing, we do have 18 to be working together, partner with eligible 19 businesses . The last thing we want are developers 07:35PM 20 going under and leaving and having unfinished 21 homes and unfinished development . That ' s bad for 22 our city . 23 So we can work together . It ' s not 24 going to cost us any money . We will get our Depo•Court Reporting Service ( 630) 983-0030 19 1 money, but it will take some time . I think we all 2 have to be flexible during this economic trying 3 time . 4 ALDERMAN MUNNS : As much as I would like 07:36PM 5 to empathize with developers and builders and 6 businesses coming to Yorkville , I have to echo 7 some of the comments I have heard from the B Aldermen that when times are great and developers 9 are making b '.1-lions of dollars , I ' ve never heard 07:36PM 10 one knock on our door going, "Here is an extra mil 11 for you because we ' re doing so great , we ' re making 12 money, we can ' t even count" , and then when times 13 are hard, everybody ' s got their hands out . 14 So at some point you do have to draw 07:36PM 15 the line, you know, as cold as that may seem, and, 16 you know, at some point again, you know, we are 17 looking out for the City ' s best interests first, 18 and even though we ' re not going to be getting any 19 less , again, what if things happen between 1- hat 07:36PM 20 first payment and the second payment and then we 21 are left with that , and then you would be short . 22 So I ' d have a hard time right now 23 supporting that unless there is more .follow-up 24 information . Depo•Court Reporting Service ( 630) 983-0030 20 1 MAYOR BURD : Alderman Werderich . 2 ALDERMAN WERDERICH : I just wanted 3 somebody from the City Staff to speak to the 4 Autumn Creek issue, speak to the issues about the 07:37PM 5 flooding that occurred in the neighborhoods 6 adjacent to --- 7 MR . WYWROT : Yeah, I can update you on 8 that . The issue has to do with a single drain 9 along Lillian Lane that was prior to Autumn Creek 07:37PM 10 being constructed . It drains by way of drain the 11 to Blackberry Creek . 12 During the construction of a portion 13 of Phase II that tile -- it was found that the 14 liner of that tile corresponded with the storm 07:37PM 15 sewer . There is going to be two ways we address 16 an issue like that ; one is they can replace the 17 tile the way it was or the other acceptable form 18 is to connect the storm sewer . 19 It was connected to the storm sewer 07:37PM 20 and consequently drained to -the stormwater basin 21 up near Blackberry Creek . The problem with that , 22 the outflow of that basin was not put in , and with 23 the rains that we have received over the last six 24 months being much higher than normal , the basins Depo•Court Reporting Service (630) 983-0030 21 1 were filled and it impacted the ability of that 2 drain to handle the drainage of the Bristol 3 subdivision . That flows down in . That drain 4 should be functioning just fine . 07:36PM 5 We have instructed Pulte and they 6 have agreed to replace the tile to make it 7 independent of the Autumn Creek storm drain 8 system, so that would be put back really the way 9 it was independent of the Autumn Creek 07:3ePM 10 development . 11 ALDERMAN SPEARS : May I ask a question? 12 MAYOR BURD: Yes . 13 ALDERMAN SPEARS : Is there a time frame 14 of when that will be done? 07:38PM 15 MR . WYWROT : Well , the outflow for the 16 pond is in now . The tile , that work needs to 17 happen yet . has not happened yet . 18 ALDERMAN SPEARS : Are we going to set a 19 time frame when that needs to be done? 07:3ePM 20 MR . WYWROT : We ' ve been in discussion 21 with Pulte on that . We haven ' t set a deadline for 22 that so to speak, but the conversation we ' ve had 23 indicates that we wanted to have this relatively 24 soon, so I would anticipate by, you know, the next Depo•Court Reporting Service (630) 983--0030 22 1 couple of months this work will be done . 2 MAYOR SURD : Alderman Gilson . 3 ALDERMAN GILSON : I just have a problem 4 with the fact that we ' ve been in too many 07:39PM 5 discussions with no definitives at the expense of 6 the 1,: xsidents , and I think we really need to hear 7 from them in tees of when they ' re going to fix 8 that problem and some of the other issues we are 9 hearing tonight . 07:39PM 10 MAYOR BURD : Do you want to respond? 11 MR . MASTROROCCO : Sure . I can speak to 12 the Alderman ' s very pertinent question . I think 13 what I will do tomorrow morning is talk to Bernie 14 Palardy, who is our land development manager who 07:39PM 15 spoke with City Staff in the past , and we ' ll put 16 together on paper a definitive schedule to get 17 this storm water improvement completed and make 18 sure that it ' s to the satisfaction of City Staff 19 and the City Council . 07:39PM 20 We understand the urgency of this 21 and we understand that it ' s a priority and we ' ll 22 do it in a fashion that ' s satisfactory to 23 everyone . 24 ALDERMAN GILSON : Thank you . Depo•Court Reporting Service ( 630) 983-0030 23 1 MAYOR BURD: Do you wish to speak, sir? 2 I have another gentleman who had his hand raised 3 up before you . 4 MR . BEQUEATH : Would you like speak, 07:40PM 5 sir? 6 MAYOR SURD : No, it was this gentleman 7 here . Well , why don ' t you go ahead? B MR . BEQUEATH : My name is Steven 9 Bequeath (phonetic) and I ve in Autumn Creek, 07:40PM 10 and from the whole SSA situation I can say I am 11 kind of jaded against Pulte Homes . 12 As far as the way I look at it , we 13 go back to the SSA situation, they clearly had the 14 money to pay -h ' s . From what I remember, it was 07:40PM 15 14 . 1 billion they grossed last year . 16 Now, all of a sudden, =. '. ke everyone 17 else was saying, times are tough, they don ' t want 18 to pay . Well , you know, we paid the SSA when we 19 agreed to -- when we purchased there , but clearly 07:4OPM 20 someone -- I shouldn ' t say someone , a corporation 21 like this has the money to do this , and a 22 smaller community like the one we . ,ve in can 23 benefit from an agreement that was already on 24 paper, I don ' t see why they would -- should be Depo•Court Reporting Service (630) 983--0030 24 1 allowed to change their agreement and not put 2 money forth . Thank you . 3 MAYOR BURR : Thank you . Yes, sir . 4 MR . O ' MALLEY : Once again my, name is 07:41PM 5 Robert O ' Malley and I would like to take aversion 6 to what Mr . -- 7 MAYOR BURD : Wywrot . 8 MR . O ' MALLEY : -- Wywrot had to say 9 about tile . The existing the was lower than what 07:41PM 10 they connected to . We are still being flooded by 11 the existing tile that they put in rig ti. now . 12 MAYOR BURD : They haven ' t put in that 13 tile yet . They connected to the -- 14 MR . O ' MALLEY : What I mean by Pulte, 07:4IPM 15 s- e work tile . 16 MAYOR BURD : Stormwater . 17 MR . O ' MALLEY : It is lower --- It is not 18 as low as what the existing the was , and we are 19 being flooded by that because they tied the 07:41PM 20 ex:' st ",.ng the in to an upper ti.le that only ran 21 about four feet below grade , whereas the existing 22 the ran eight feet . 23 Now, what right has the City of 24 Yorkville got to put elevations eight -- six to Depo•Court Reporting Service ( 630) 983-0030 25 1 eight feet above normal land and flood out the 2 people who are already in the area? And that ' s 3 exactly what ' s happening . 4 And he ' s saying well , this here is 07:42PM 5 all potentials , this here lawyer says it ' s all 6 potential , but it ' s not affecting us right now . I 7 mean, yes , it is affecting us right now . We don ' t 8 have a date , we never had a date -- a problem 9 until this developer came in, and when we met here 07:42PM 10 a month ago, we asked for representation from 11 Pulte . 12 Well , you know what? There was none 13 to be had . Now they want to come in here and 14 change everything and say we want this favor by 07:42PM 15 Yorkville to benefit us , but screw the population 16 who is already living there . 17 I mean, how would you as a mayor 18 like three feet of water in your basement? I 19 wouldn ' t want three inches of water in my 07:43PM 20 basement . 21 In the flood of ' 97 , I didn ' t have a 22 drop of water, but I ' m having water coming up 23 through my floor right now, and I am sick of it . 24 And Pulte, what does he care about Oepo•Court Reporting Service (630) 983-0030 26 1 us? We ' re not in the City of Yorkville . We ' re 2 just , you know, people who live by the creek, and 3 I ' m sick and tired of Yorkville telling us well , 4 you have to live with it because we want Pulte ' s 07:43PM 5 money . 6 Well , screw Pulte . They ' re not 7 helping us . They ' re not going to help you in the 8 .long run either because we already -- people on 9 Mattaminik (phonetic) have already experienced the 07:43PM 10 problem of what you people did to them, flooded 11 basements where they never had basement -- water 12 in their basement before , and you ' re not doing 13 anything, and I am talking about that man right 14 there . He gives us the run. around . 07:43PM 15 So I mean, make up your mind . What 16 do you want? Happy residents or dissatisfied 17 residents ? Thank you very much . 18 MAYOR BURD : Thank you . I know I want 19 happy residents . Are you putting in this drain 07:44PM 20 the at eight foot? 21 MR . MASTROROCCO : I am not an engineer, 22 - I don ' t know the answer to that question , but -- 23 MR . O ' MALLEY : That ' s the answer we had 24 last week -- at the last one . Depo-Court Reporting Service ( 630) 983-0030 27 1 MR . MASTROROCCO : But I can coordinate 2 with the City to make sure that the improvement 3 that is installed is at the correct elevation . 4 MAYOR BURD : Is there anyone else here 07.94PM 5 tonight who would like to speak on this issue? 6 (No Response . ) 7 MAYOR BURD: Okay . And we w i ll ."', go out 8 of our public hearing . Public hearing has ended . 9 (Which were all 10 proceedings had in 11 public hearing at the 12 aforementioned meeting . ) 13 ---000--- 14 15 16 17 18 19 20 21 22 23 24 Depo-Court Reporting Service (630) 983-0030 28 1 STATE OF ILLINOIS ) ) SS . 2 COUNTY OF LA SALLE ) 3 I , Christine M . Vitosh, a Certified 4 Shorthand Reporter, do hereby certify tha: ; 5 reported in shorthand the proceedings had at the 6 hea ng of the above-entitled cause and that the 7 foregoing Report of Proceedings , Pages 1 through 8 28 , inclusive , is a true , correct , and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid . 11 I further cer y that my 12 certificate annexed hereto applies to the original 13 transcript and copies thereof , signed and 14 certified under my hand only . I assume no 15 responsibility for the accuracy of any reproduced 16 copies not made under my control or direction . 17 In test : ° ony whereof , I have 18 hereunto set my hand this 28th day of May, A. D . , 19 2009 . 20 21 22 Christine M . Vitosh, CSR 23 CSR No . 084 -00288 24 Depo•Court Reporting Service (630) 983-0030 29 I 3--� 6.1 11:3 basement[41- 15:16. 16:18. adds 111-10:7 amending(2)- 25:18,25:20, 20:1,21:12,22;2, adjacent Ill- 10:72, 18:8 26:11,26:12 22:10,23:1,23:6, $1,000 Ill-10:6 34[2]-3:19, 1 20:6 amendment[61- basements[3)- 24:3,24:7,24:12, $1,200.12[1]- 4:20 adjoining p)- 3:8,3:12,4:5, 7:10,8:115,26:11 24.16,26:18, 11:2 6:22 17:9, 17:10,18:6 basin[z]- 27:4,27:7 $1,212111-11:2 4 Administrator amount[21- 20:20,20;22 Burd Ill-4:2 $1,400 111-10:9 Iil-2:14 5:13,18:4 basins[1]- business[21- $100[1]-10:5 advantage Ill- ANN 111-2:6 20:24 16:4 $150[11-10:4 4[1l-11:23 I [ 40[1]-4:15 13:1 Annexation 111- Bay 111-13:19 businesses[2]- $2,80011]-10:7 affectlsl-17;2 3:9 behalf[1]-2:20 18:19, 19:6 $3,000[1]- affecting 12]- annexation 141- behind Ill- buying 12]- 10:19 5 25:6,25:7 3:15,9:11,10:19, 12:12 10:17, 11:8 $300 Ill-10:2 affects 111-6:22 17:6 below 11l- $35,000[2l- 50(1]-10:5 afford[1l-14:4 annexed[tl- 24:21 C 13:10, 13:13 50150 11]-9:24 aforementione 28:12 I benefit is)- $500 Ill-10:4 575 Ill-4:14 d 11I-27:12 announcement 14:17,14:19, $650[1]-9:16 aforesaid[1]- Ill-13:21 15:3,23:23, j C.S.R[1l-i:15 $70111-10:1 6 28:10 answer 141- 25;15 cannot 121- $762.73 Ill- ago 111-25:10 17:4, 18:13, BEQUEATH[21- 14:4, 14:15 11:1 care(t]-25:24 agreed Iql- 26:22,26:23 23;4,23:8 61[11-9:6 6:15, 11:7,21:6, anticipate Ill- Bequeath[,l- I case[3]-6:17, ' 23:19 21:24 23;9 6:18,6:24 7 agreement[91- appeared Ill- Bernie[t]- cash[71-10:22, 9:11, 10:12, 2:20 22:13 17:5. 17:20, 97111-25:21 10:19,11:3, 11:8, applicant Ill- best 121-4:8, 17:21,18;1,18:2, -- 7:00[11-1A6 18:4 77:6, 17:21, 17:16 19:17 8 23:23.24:1 application 111- between(2]- cell[1l-Centex(21]- Agreement[21 3:7 13:21, 19:19 I i 084-00288[t] 3:9,3:10 applies[z] billion[tl- 13:19, 13.22 cents Ill-9.17 28:23 80[2]-9:20, agreements 11)- 10;22,28:12 23:15 I 13:13 16:11 appreciate[11- billions[1]- certain Ill- 80-some[1]- ahead[1]-23:7 5:16 19:9 15:11 12:1 ALDERMAN[191 approach[1]- bit 11]-12:20 j certainly[2]- 80I20[t]-9;15 -11:19,11:21, 16:7 Blackberry 121- 13:3, 15:8 1(t)-28;7 800[1]-1:16 13:6, 13:11, I April 121-3:10, 20:11,20:21 certificate 11]- 12[3]-1:15, --i 13:24,14:114, 7:9 BRENDAN 111- 28:12 3:10,8:1 I A 14:17,15:5. I ARDEN[1]-2:4 2:13 certified ill- 14,1 11]-23:15 1 I 6:9,28:14 �-�-� - 15:15, 75:17, area[2]-7;3, 1 brief 11]-4:4 1400(1l-10:8 16:20,18:10, 1 25:2 I Bristol l3l- Certified[11- 15[t1-17:23 A.D(1l-28:18 19:4,20:2,21:11, I aside I1]-7:14 10:6, 13:19,21:2 28:3 ability 111-21:1 i 2i:13,21:18, 1 assume 1 I certify 12]-28:4, [ --� I ]- i Bristol-Kendall able[2]-12:24, ' 28:11 Z 22:3,22:24 28:14 I [t1 10:6 14:24 I challenges[t]- Aiderman 111]- automatically brought Ill- above-entitled 15:13 i 2:3,2:4,2:5,2:8, Ill-13:12 17:16 20(3l-4:14, 121-1:14,28:6 2:9, 11:22,12:19, Autumn]to]- ii budget 11]-14:5 challenging 121- j 9:16,9:21 abuts it]-6:7 74:23,15:16, I 4:10,5:9 2000 Ill-10:15 4:23,5:13,6:20, build[tl-15:6 acceptable[1l- 20:1,22:2 12:10, 13:18, builders I1]- change[4]- 2005[21-3:10, 20:17 Alderman's 111- 20:4,20:9,21:7, 19,5 3:12,5;13,24.1, 1015 accuracy It)- 22:12 21;9,23;9 I building Isl- 1 25'14 1 2005-25111- 28:15 Aldermen[2l- aversion lt]- 3:13,9;16,10:2, I changes[11- 9 112 acres 13]-3:11, 16:19,19:8 24:5 10:3, 16:10, 1 5:14 2009[21-1:15, 3:18,17:23 Aide rwoman[31 �_ _1 17:13 check 111-13:3 2265 add 12]-11:5, -2:6,2:7,2:10 � CHRISTINE[t[- 265111-3:78 � builtlzl-3:14, I 14:12 Allegiance It]- 11:6 1:15 28111-28:8 add-on Ill-11:5 3.1 Christine[2]- 285 Ill-3:11 BURR 1271-2:2, { address 1a]- allowed]ql- bad(z]-16:9, 3:5,3:23,5:18, 28'3'28'22 28th[11-28;18 4:8, 12:15, 12:16, 18:21 city 6:21,7:1, 13:12, 16:3,7:23,8:6, I [a] 20:15 24.1 1 bailout[z]- 9:3, 11.10,11:13, ' 10:3, 15;21, addressed[1]- I amended Ill- 1 16:11, 18:14 1 71:17,11:20, 18.22 Depo•Cou "'. Reporting Service (630) 983-0030 30 CITY 11]-1:7 20:18 6A,6:14,7:12, 131-3:9,4:7, E extra[1]-19:10 city[31]-1:17, I connected 131- 22:19 12:21 --_-_ 2:13,2:15,2:16, 24:19,24:10, count[1]-19:12 development I F 2:21,3:7,3:13, 24:13 COUNTY[11- [u]-3:14,4:19, echo 111-19:6 r-----. 4:2,4:6,4:10, consequently 28:2 5:2,8:11,9:23, economic 141- 5:11,6:13,7:11, (1]-20:20 couple it]-221 15:18, 17:11, 5:9, 15:13,16:1, facilitate pl- 8:12,8:15,8:20, consider(4)- CPI 11]-10:14 17:23,18-.21, 19:2 15:2 14:4,14:18. 6'14,7:12, 10:12, created(4]- 21:10,22:14 EDC[2]-17:1, i facilitated I1]- i 15:18, 16:7, 10:20 12:1,13:7,15:23, DIANE[1l-2111 18:11 1 4:22 116:12,16:13, considerable[1] 17:7 difference It1- eight[4]-24:22, fact[21-6:11, 16:22,17:16, -5:1 creating ill- 9:8 24:24,251, 22:4 20:3,22:15, consideration 11:24 direction It]- 26:20 fair(2]-13:15, i 22:18,22:19, ill-5:17 Creek(12]- 28:16 either[3]- 15:19 24:23,26:1,27:2 considered 11)- 4:23,6:13,6:20, directly[11- 12:12,18:8.26:8 family 13]-4:15, City's It]-19:17 11:4 12:10,13:18, 17:14 elementary(21- 10'24,11:1 1 clarification 111- consists[11- 20:4,20:9,20:11, Director It)-4:7 5:3, 17:24 far[2]-16:21, 16:21 3:17 20:21,21:7.21:9, discussion 11]- elevation[21- 23:12 clearly[2I- constructed ill 23:9 21:20 12:12,27:3 Farm[1]-1:16 23:13,23:19 -20:10 creek[1l-26:2 discussions Ill elevatlons[3]- fashion(tl- Clerk[1]-2.16 construction I31 critical Ill- -22:5 6:21,8:1,24:24 22:22 closely It]-4:24 -14:11, 15:1, 14:23 disparity[11- eligible[t]- faster[2I- cold Ill-19:15 20:12 Crystal[11-6:6 16:1 18:1 B 14:20,15:6 coming(3)- consumers 11]- CSR 12]-28:22, dissatisfied[1]- eliminated 11]- favor[41-14;15, 143,19:6,25:22 15;12 2B:23 26:16 7:4 16:2, 16:16, I comment(2)- contemplated current[t]- j districts]-5:1, emergency Ill- 25:14 5.19,16:19 Ill-117:7 12.10 10:13, 10:18, 14:7 February It]- comments 121- continue(1]- ._ 14:7, 16:21, empathize Ill- 7:8 11:18, 19:7 10:17 p 17:12, 17:15, 19:5 fee It 3)-9:16, commercial It]- continued(1)- 17:18,18:9 end I1]-18:11 10:2, 10:4,10:12, 1 4:19 12:7 dollars[21- ended Ill-27:8 10:20, 10:22, communicated continuously ill D-877709[1]- 8:21 19:9 engineer(it- 11:2, 17:5, 17:8, It]-12:20 -7:9 1:24 donated[11- 26:21 17:13, 17:19 I Gommuni ty[2 I- contrary ill- damn 113-8:21 17:23 engineering Ill fees 1121-3:14, I 4:7, 12:21 13:3 date 141-4:14, done[3]-21:14, -10:5 5:14,5:15,9:9, community[7]- contribution Ill 5:5,25:8 21:19,22:1 enrich ill-8:13 9:23. 10:1.10:7, dated It1-3:14 14:18, 16:23, 5:1,5:7,14:24, -18:1 door[1]-19:10 entitled 121- I 1 15:2, 15:4,15:9. control[3]- deadline It1- down 11I-21:3 1:14,28:6 1 17:11 23:22 15:10, 15:11, 21;21 drain[1ol-7:2, equation It)- feet[61 8:1, deal t -14:21 12:13,24:21, company[11- � 28:16 [] 7:4,8:3,20:8, 18:1 13:4 conversation[1) decidedit]- 20:10,21:2,21:3, equitable[11- 24:22,25:1, complaints[11- -21:22 12:4 21:7,26:19 15:19 25:18 15:7 coordinate It]- decisions[1]- drainage[t]- especially[2l- few ItI-8:21 complete[3l- 27:1 15:12 21:2 :16, 16,1 FIELD I1]-2.19 15:1,15:9,28:8 copies[21- I defer it]-9:20 drained[t]- evening 14]- filed 111-3:7 completed[21- 28:13,28:16 definitive(ti- 1 20:20 3:20,4:1,5:24, filled(1]-21:1 13:23,22:17 corporation It]- 22:16 drains Ill- 18:7 final(t]-14:1 components it] 23:20 definitives[t)- 20:10 eventually It]- fine Ill-21:4 -4:18 Corporation[t] 22:5 draw I11-19:14 7'15 Fire 113-10:6 concerned 121- -3'6 Department 131- Drive[11-9:7 exactly I21- I first[31-4:18, 12:13, 16:22 correct[2]- 4:22,10:6,12:21 drop Ill-25:22 14:22,25:3 i 19:17, 19:20 concerns[2]- 27:3,28:8 developed Is]- DUDEK[4]- Exhibit[31-9:9, fix It -22:7 11:22, 13:16 corresponded 6:20 5:24,6:5,7:21, 9:10,9:13 fixed(1)-7:16 concessions[7] It]-20:14 developer[2]- 7:24 existing let- flexible ill- -15:21, 15:22, cost[21-11:7, 114:3,25:9 Dudeklll-6:5 7:2,24:9,24:11, 19:2 15:24,16:3,16:6, 18:24 developers(s]- due 12]-14:16, 24:18,24:20, flood[21-25:1, 16:12,11616 Cotswold[U- 1 8:13,15:20,16:9, 18:4 24:21 25:21 conditions[4]- 9;7 18:19,19:5,19:8 duplex 111- expense[31- flooded[31- 4:10,5:9,5:10, COUNCIL[t]- developing[t]- 10:23 8-.14,8:23,22.5 1 24:10,24:19, 8:19 126:10 15:14 1:6 during Iz]-19:2, experienced(1] connect 11]- Council 151-4:2, Development 20:12 -26:9 flooding[7I- fi Depo•Court Reporting Service (630) 983-0030 6:24,7:3,7:6, j guarantee(il- 14:20 J 20:9 25:17 8:4,8:15, 12:14, 15:5 housing[21- - --- -- limited Ii - Mayor[41-2:2, 20:5 guess I1)- 4:10,5:10 11.12 3:22,4:2,5:24 floor[1)-25:23 15:18 1 JACQUELINE line(1]-19:15 I McLaughlin 12]- flows[11-21:3 [i!-2:16 liner Ill-20,14 1 2:13,4:7 focused Ill- H 1 jaded[1]-23:11 live[sl-5:23, mean 151- 17:9 January(1l-7:8 8:14,23:9,23:22, 14:18,24:14, folks[1]-13:3 II[2]-6:12, JOE(1]-2:4 26:2,26:4 25:7,25:17, " Hall(1]-17:16 20:13 g 1 ]- follow{i)- i JR(1]-2:9 living 1 25:16 26:15 i 9:23 Halloween[1]- ILLINOIS 121- - 1 location[1]- MEETING[1)- follow-upIiI- 12:7 1:7,28:1 K 17:24 1.6 19:23 1 hand(31-23:2, Illinois[21- ---- look[i]-23:12 meeting[4]- 28:14,28:18 1,17 2,21 following[1]- looking[11- 1-13,6:2,10:12, 17.21 handle[1] 21:2 impact[11-5.13 KATHLEEN(1:- 2:19 19:17 27:12 foot[3]-9:17, hands[1(- impacted[1]- love[t] 14:14 members(2) 26.20 1 19:13 21:1 keep[i]-15:22 loves 111-14:11 4:2,5:24 foregoing[1]- happy 121- Importantiil- i keeping[1]- low[1]-24:18 p mentioned[2]- 28:7 26:16,26:19 15:3 6:14 lower[21-24:9, 1 14:16, 17:22 form[t[-20:117 hard(21-19:13, Improvement Kendall[1)- 24,17 I merger(2]- 19:22 [21-22.17,27.2 10:6 forth111-24:2 I 13:21, 13:22 four[21-12:12, haunt Ill-15:24 improvements Kennedy[t[- - - 24:21 I hear[1]-22:6 11:-5:2 3:18 M met[t]-25:9 - - , frame[2]- heard[3]- j inches[1]- kept 11]-7:2 might[21-7:15,17:1 21:13,21:19 14:10, 19:7, 19:9 25:19 kind[31-613, ma'am[s]-6:3 mil(t)=19:10 hearing[s -3:6, include 21- 12:5,23:11 Miller[1I-4:8 Frances{1]-6:5 g ] [ main[1) 7:24 11:14, 18:7,22:9, 17:111, 18:7 knock 1 - I MILLER[1]- fulfill(i)-10:2 ( ] man[2]-Ba6, " 27:8,27:11,28:6 included 12]- 19:10 2613 w functioning 111- 173 2134 help[1]-26:7 10:18,17:7 knows[1]-5:8 Manager(1]- MiLLIRON 111- helping(z)-7:5, inclusive it]- 4;6 fund[2]-6:17, 19:fi 7:14 26:7 28.8 L manager[1]- Miil[ron[1]-9:6 funds[11-14:6 hereby(1]-28:4 independentl2] 22:14 MILSCHEWSKI herein 111-3:4 -21:7,21:9 March 111-7:8 future{3]-4;19, LA[t]-28:2 111-2:16 Lake q hereto[1)- indicates It]- Mark 4:3 11:6,11:0 'I [ 1- [ -6:6 1 ' mind[1)-26:15 28;12 21:23 1 [and Is]-8:17, market[3]- mistakes it]- hereunto[1]- inflationary[1]- 4:10,5:10, 1512 G 10:22, 17:4, sas 1 28:18 11:5 MARTY Ii 2:5 1720, 17:21, mone y 1t 5 high Ill-15:9 information[3]_ 16:1, 18:2.22:14, MASTROROCC 6:16 10:15, Game[1]-1:16 higher[z]- 12:23,13;2, , I I 25:1 ! O[11]-3:22,4:1, 14:16,11:7, 16:8, GARY ill-2:3 12:13,20:24 1 19:24 12:19,13:10, installed 1 Lane[2]-8:10, 17:2, 18A2, gentleman 1z]- home[21- I [i)- I 20:9 13;20, 14:13, 18:15,18:24, 23:2,23:6 10:24, 12:11 27;3 last 19]-6:1,9:1, 14:22,15:8. 19:1, 19:12, j GEORGE 11]- Home(31-3:6, instructed 11]- 22:11,26:21, 2:9 11:14, 12:4 21:5 12:9, 13;24, 23:14,23:21, 27:1 i 18:19,20:23, 1 24:2,26:5 Gilson[z]- homeowner[1] interests[s]- Mastrorocco]t] I 23:15,26:24 { moneys ill- 15:16,22:2 12:10 19:17 lastly Ill-4:24 -4:3 7:13 GILSON[41- I homeowners[z] internally It]- Mattam 1l- inik 1 2:9, 15:17,22:3, -12:24,13:9 13:4 lawyerll]-25:5 ( month[2]-6:1, 26:9 22:24 Homes involved 1 lawyers 11)-6:8 25:10 I I l- 11- lay[1)-8:17 matter[il-1:14 months[4]-7:8, 1 irl[t1-9:10 3:21,4:3, 11:23, 9:24 g leaving[t]- MAYOR[zs)- 12:6,20:24,22:1 � given 14]-7:13, 13:19, 13:22, issue[41-20:4, 1 ea 3:5,3:23,5:18, morning , - 15:13, 15:22 23:11 20:8,20:16,27:5 left[1]-19:21 6:3,7:23,8:6, 22:13 j GOL[NSKI(1)- homes po]- issued]i]- 9:3, 11:10, 11:13, 2:3 4:15,6:23, 11:1 17:17 less[3]-15:1, I most 11]-15:3 18:12, 19:19 11:17,11:20, motivated 11)- grade[11-24:21 11:6, 12:18, !ssues[4i- 15:16,16:18, 15:9 great 121-19:8, 13:12, 14:10, 12:15,12:16, letter(1:-6:7 I g letters[11-6:9 20:1,21:12,22:2, r MR 129]-2:3, 19:11 14:11, 15:1, 20:4,22:8 22:10,23:1,23:6, 2:4,2:8,2:13, p liability[1]- grossed Ii- 18:21 item[tl-9;14 24:3,24:7,24:12, 3:22,4:1,8:13, 16:14 23:15 hour[1]-1:16 Items 121-9.12, 24:16,26:18, 9:6 11:12,12:19, I library[2)-10:4, 13'10, 13:20, p growth[1]- house[1]-9:18 14:16 27:4,27:7 1 15:23 houses[1]- 14'7 mayor It]- 1 14'13, 14:22, Lillian[2]-8:9, t Depo-Court Reporting Service (630) 983-0030 15:8,17:3,20:7, occurred Ill- 18:18 I plentiful 11]- I public Is1-3:5, received[7]- 21:15,21:20, 20:5 partnership 151- 16:6 10:1, 11:14, 6:7,6:9,10:9, 22:11,23:4,23:8, OF 14]-1:7, 4:9,4:21,5:6, PLOCHER 143- 16:18, 18:7,27:8, 10:10,12:91 24:4,24:8,24:14, 1:13,28:1,28:2 5:11,11:24,12:1 2;4,14:17, 15:5, 27:11 17;17,20:23 24:17,26:21, offensive(1]- passed Ill- 15:15 publicly(11- recently(1]- 26:23,27:1 8:20 10:16 plus[11-9:16 13:20 12:9 MS[71-2:2,2:7, often[t1-12:8 past[21-15:20, podium[21- Pulte[243-3:6, record 121-5:21 2:19,5:24,6:5, once[21-5:5, 22;15 3:24,5:20 3:21,4:3,6:8, 6:4 7:21,7:24 24:4 pay 14]-7:15, point[3]-15:20, 6:15,7:13,8:10, i Recreation[t]- multiple Ill- one Is]-9:14, 7:18,23:14, 19:14, 19:16 8:18,9:8, 11:14, 4:22 16:14 19:10,20:16, 23:18 police Ill-10:2 11:23,12:4, recreation It] MUNNS 12]- 23:22,26:24 paying[31- pond It]-21:16 13:18,13:21, 10:5 2:5,19:4 ongoing It - 12:2, 12:3,13:8 population[t1- 16:3.17:6, 17:10, redo 1t]-7:1 15:1 payment[s1- 25;15 21.5,21:21, referenced rt1- N opportunity It]- 3:13,5:14,6:15, portion 121-3:2, 23:11,24:14, 9:12 4:20 16:13,16:23, 20;12 25:11,25:24, reflection It]- opposed[t1- 1 B:15,19:20 possible(1]- 26:6 7:17 name[s] 4:3, 8:10 people Its - Pulte's 1 -26:4 5;21,6;4,a:a, � P I 15:10 Ill refunds[11- 23:8,24:4 options It]- 6:22,7717, 12:2, possibly I11- pumps 11]-7:9 16:12 16,13 12:8, 1214, 10;13 purchased 13)- regraded 111- near 1t]-20:21 ordinance[3]- 1216, 12:17, 12:18, 13:14, 7:4 need[zI-14:6, potential[t]- � 22:6 17:5, 17:6, 17:22 13:7, 13:8,13;11, 25:6 23:19 relatively 111- ordinances[t]- 13:13,13:14, fp potentials(1]- purchasing[3]- 21:23 i needs 12]- 1 25:5 relief(11-5:12 21:16,21:19 17:4 25:2,26:2,26:8, 13:14, 13:17, I original 1711- 26:10 i POWELL[1]- 13:18 remaining[t]- negotiate[11- 6:15,9:11, 13:13, per[11-9:17 i 16:23 � 2:15 I purposes(1]- 18;3 28:12 percent[3]- power[21- 3:16 remarkable 1 negotiated it]- I [ ]- I ORR It)-2:19 1 4:14,4:15,9:20 10:17, 11;8 putlto]-6;16, 14:10 17:24 otherwise 1 Perform 1 -5:i 7:5, 16:13,20:22, neighborhoods Ill' [ I I precedence 111- remember[t]- 18;13 perhaps[2]- 14:2 21:8,22:15,24:1, 23:14 [1]-20:5 outflow[21- 6:16,7;13 prevented 11I- 24:11,24:12, reminder[t]- 6ever[4] 20;22,21:15 Permission 1 - 24:24 16:24,19:9,25:8, [ 1 8:4 : 4:17 I overview[11- 8:13 priority[t]- putting[2]- removal[11-8:3 26:11 4:5 perm[tls]-9:16, 1 22:21 10:13,26:19 re airs[1]-6:18 new[s]-4:23, __ 9:21,10:9,17:14, i problem[51- replace 121- � 5:2,7:4,10:3, 17:17,18:5 � ��-- - 12:11 P 20;21,22:3,22:8, Q 20:16,21:6 permits 121- next 12]-6:21, 25;8,26:10 --- - Report[t]-28:7 -- 3;13,1D:10 21:24 problems[z1- quality It]-15:9 rEPORT[t] pac[11-'1:16 Personally[1]- i 6:12,16:15 1:13 none[t]-25:12 paces[11- � 18:10 11 questions[t1- PROCEEDING reported 11] normal(2)- 14.23 personnel t 7:19 P Ill S111-1;13 28:5 20:24,25:1 ` packets[2]- 14:8 quickly[V- 'I Proceedings(1] 1 5:10 Reporter Ili- north 121-3:18, 4:13,5:16 pertains[21- 3:19 Pages[1]-28:7 9:14,9:22 pro quite 121-12.8, 28:4 notes[1]-28:9 proceedings 13] 12:13 representation paid Is]-9:9, pertinent[t]- -3:3,27:10,28:5 (1]-25:10 M8,17:12, 22:12 ; project(41- reproduced[t1- - --- O 17:13, 17;14, petitioner[21- 4:12,4:13,4:18, j 28:15 J 23:18 3:6, 17:15 12:22 ~�- request ill[11- - Pa lardy hase[t1-6:20 ' O'MALLEY[7]- P promotion[z]- rains(11-20:23 18:6 8:8, 11:12,24:4, 22:14 Phase[21-6:112, 12:5,13:1 raise it]-6:21 requesting 11]- 20:13 24'8 paper 121-,24:14, Property I91- raised[t1-23:2 3:8 24:17,26:23 22:16,23:24 phone 12]-5:22, 3:15,3:17,4:23, raising It1-8;1 requirement It] � 12:10 O'Malley 121- Park 121-4:21 6:7,6:22,6:23, ran[21-24:20, -18:3 8:9,24:5 4:23 � phonetic(z]- 7:3,8:2,8:19 I 24:22 I residences[t]- obvious t Parks It]-10:4 23:9,26:9 I ]-4;9 art[31-3:15 propose[11- realize[tI-13:6 3:14 obviously 14]- p place[21-17:4, 5:1 i really(7)-4:17, resident[t]-8:9 4:20, 17:24 28:10 1 14:19,15710, j proposed 12]- 5:4, 12:15, 15:2, residential[z1- particular[21 Ian i6:4,16:8 I P I1]-6:15 4:5,5:15 16:13,21:8,22:6 3:16,3:17 occupancy[21- 6:24, 17:23 Planned Ill-3:9 p roud[11-5:4 receipt[t]- residents[71- f 9:21,10:10 Partner[t]- Pledge Ill-3:1 Public 111-8:16 17:16 j 8:14,8:23, 16:14, Depo•Court Reporting Service (630) 983-0030 33 22:6,26:16, 19:20 spirit[21-4:9, T 17:13,17:19 VITOSH It]- 26:17,26:19 section(2)- 5:10 - --- Travis I11-4:8 1;15 respond I1]- 6:12, 10:24 split 121-9:15, Treasurer Ill- Vitosh[21-28:3, 22:10 see[21-14:14, 10;1 taxpayers 111- 2:15 1 28:22 Res onse[31- 23:24 spring 1 12:7 7;17 true 1 28:8 voice t 1316 p p � 911- I ]- Ili 720,11;16,27:6 seem(11-19:15 square[21-9:17 TEELING Ill- trying[11-19:2 vote Itl-14:15 responsibility set[41-7:14, SS 111-28A 2:10 turn(2]-5:23 [11-28;15 21:18,21:21, SSA 5 12:18, ten 14]- 12:24, r W I [ ]- 13:7, 13:11 two131-9:12, i responsible pl- 28A8 13:8,23:10, 12:12,20:15 12:2 setting[tl-14:2 23:13,23:18 terms[zl-18:8, type[2]- 10:14, 1 result[t]-18:11 several Ill- SSA's[1]-12:2 22:7 11;5 ` WALLY[1]-2.8 i resulted[1]- 9:23 staff 111-5:13 testimony[1]- types It]-18:9 Ward It]-11:22 i 16:15 sewer[41-7:5, Staff 13]-20:3, 1 28:17 i water[e]-7:10, retail 121-4:19, 20:15,20:18, 22;15,22:1 B themselves I11- U 8:2,22:17,25:18, 8:22 20:19 stakeholders[1] 8:13 -- � 25:19,25:22, reward[11-16:5 short[11-19:21 -5;6 thereof Ill- 1 26:11 risk(11- 16:5 Shorthand[t]- started 111-12:7 28:13 ultimately 121- ways I1]-20:15 Road[21-1:16, 28:4 STATE Ill-28:1 three Is]-4:18, 5:12,15:111 week(2]-12:9, I 3:19 shorthand[2]- state 12]-5:20, 7:7,12:5,25:18, uncontrolled 111 26:24 Robert[21-8:8, 28:5,28:9 6:3 25:19 -15:23 WERDERICH(21 24:5 sick 12)-25:23, statement 11]- tied(1]-24:19 under Isl- -2:8,20:2 1 M ROBYN111-2:7 26;3 14;1 tight ill-14:5 10:24,11:1, Werderich ROSE Ili-2:6 signed 11l- Steven[11-23:8 tile 1161-20:10, 18:20,28:14, 20:1 4:20 u3e I21-3.19. 2sile silent 111-5:23 10:1171511:14, 210:16,24:94 18;2 finished[21 24:21 whereof[11- I 1 8.2, single 151 4:15, 16,18,24.10 26:8,26:14 10:24, 11:1,14:2, storm Is]- 24:11,24:13, Unit 11]-3:9 28:17 run-off[1]-8:2 20:8 20:14,20:18, 24:15,24:18, 1 unit Ill-17:19 WHEREUPON single-family[31 20:79,21:7, 24:20,24:22, j UNITED 11]-1:7 [11-3:2 S I -4:15, 10:24, 22:17 26:20 United 121-2:20, whole 12]-15:4, ` 1":`: stormwater[21- tiles[41-7:2, 3:7 23:10 site I21-5:3, 20:20,24:16 7:4,8:4 units 11] 4:14 WILLIAM 111 fsake(Z]-8:21, 24;15 subdivision 131- timing[41-3:13, unless 2:15 B.22 I situation[z]- 16:6,8:10,21:3 5:14,9:8,18:17 19:23 wish(21-11:15, Sales 11]-14:23 23:10,23:13 I subject 111- tired ill-26:3 up[to]-3:23, 23:1 sales[z]-8:22, six[31-8:1, 18:6 today 12]-4:4, 5:20,10:7,12:11, Works Ill-8:16 13:1 20:23,24:24 substantial[11- 5:16 15:22.19:23, works it]-10:1 1 SALLE It]-28:2 size 121-4:13, 6;17 today's[11- 20:21,23:3, worth Ill-13:12 1 satisfaction(1]- 9:18 15:13 25:22,26:15 success[11- WY wrot[z]- 22:18 smaller Ill- 5:5 Todd 11]-9:6 update[2]- 24:7,24:8 satisfactory[1]- 23:22 successful[11- together[3]- 4:12,20:7 1 WYWROT 131- 22:22 sold(11-4:14 14:24 18:18, 18:23, upfront It]- 24;7,21 a 5, saw[11-4:13 22:16 9:20 21:20 I 1 someone[z]- sudden 111- schedule[21- 23:20 23:16 tomorrow[21- upper 11]-24:20 _.. 17:8,22:16 soon It]-21:24 suddenly Ili- 13:5,22:13 upside[11-14:9 y school 11a]-5:1, sooner(11- 12;3 tonight[e]-6:9, urgency 11]- -- 5:3, 10:13,10:18, 14:24 suffered I11-7:7 8:7,9:4, 11:11, 22:20 10:22, 10:24, 22:9,27:5 year(2]-9:7, I sorry 121-6:5, suffering[11- 23:15 14:7 16:21 13:18 8:24 total 111-4:13 V 17:12, 17:14, tough I1]-23:17 years 111-8;5 i sort Izl-6:17, sumps(11-7:9 YORKVILLE[11 ; 17:18, 17:24, 7;14 supporting ownhomes 11]- 18:9 pporting 111- VALERIE[11- -7:7 i I south 111-3:18 19:23 4:16 school's I11- transaction(1]- 2,2 Yorkville 17.2 SPEARS[tat- supposed[1I- valuable[V- 1 7 2:21 3:B, 13:22 � schools[1]- 2:6, 11:19, 11:21, 9:20 � 5:18 4:11. 6:6,7:1 B, 13:6,13:11, SUTCLIFF[31- transcribed Ill- 11:4 13:24, 14:14, 3:4 value 111-10:15 8:12,8;16,8:20, 2:7, 16:20, 18:10 verified screw 121- 21:11,21:13, system[21-7:5, transcript[21 113- 14:15, 15:19, 25:15,26:6 17:18 19:6,24:24, 2Spe 21.g 28:9,transition view[21-6:11 25:15,26:1,26:3 second[41- Spears Iry]2 transition[41- � 4:20,6:20,18:17, 12:19 10:20, 17:5, 15.3 1 I Depo•Court Reporting Service (630) 983-0030 34 Z zoned ji]-3:16 I 1 I I f Depo•Court Reporting Service ( 630) 983-0030 DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 11:41:36 DETAIL BOARD REPORT ID: AP441000_WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ AA000002 JULIE DARR 052709 05/27/09 01 POLICE-ADMIN HEARINGS FOR 01-210-62-00-5443 06/23/09 300.00 ADMIN ADJUDICATION CONTRAC 02 05/13/09 & 05/27/09 ** COMMENT ** INVOICE TOTAL: 300.00 VENDOR TOTAL: 300.00 AACVB AURORA AREA CONVENTION 053109-ALL 06/09/09 01 FINANCE-MAY HOTEL TAX FOR ALL 01-120-65 00 5844 06/23/09 46.74 MARKETING - HOTEL TAX 02 SEASONS MOTEL ** COMMENT ** INVOICE TOTAL: 46.74 VENDOR TOTAL: 46.74 ACCURINT ACCURINT - ACCOUNT 41249304 1249304-20090531 05/31/09 01 POLICE-MAY SEARCHES 01-210-65-00-5804 06/23/09 67.60 OPERATING SUPPLIES INVOICE TOTAL: 67.60 VENDOR TOTAL: 67.60 ARAMARK ARAMARK UNIFORM SERVICES 610-6567902 06/02/09 01 STREETS-UNIFORMS 01-410-62-00-5421 06/23/09 25.77 WEARING APPAREL 02 WATER OP-UNIFORMS 51-000-62-00-5421 25.77 WEARING APPAREL 03 SEWER OP-UNIFORMS 52-000-62-00-5421 25.76 WEARING APPAREL INVOICE TOTAL: 77.30 VENDOR TOTAL: 77.30 ARROLAS ARRO LABORATORY, INC. 40513 05/22/09 01 WATER OP-6 TOTAL COLIFORM 51-000, 65 00-5822 06/23/09 60.00 WATER SAMPLES {- 1 INVOICE TOTAL: 60.00 VENDOR TOTAL: 60.00 r r DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 11:41:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ATT AT&T 6305529222-0509 05/25/09 01 WATER OP-FOX HILL LIFT 51-000-62-00-5436 06/23/09 29.74 TELEPHONE INVOICE TOTAL: 29.74 6305531141-0509 05/25/09 01 POLICE-FAX 01-210-62-00-5436 06/23/09 191.89 TELEPHONE INVOICE TOTAL: 191.89 6305531577-0509 05/25/09 01 WATER OP-LIFT STATIONS & WELLS 51-000-62-00-5436 06/23/09 418.44 TELEPHONE INVOICE TOTAL: 418.44 6305534349-0509 05/25/09 01 ADMIN-CITY HALL CENTEX 01-110-62-00-5436 06/23/09 770.78 TELEPHONE 02 POLICE-CITY HALL CENTEX 01-210-62-00-5436 770.78 TELEPHONE 03 WATER OP-CITY HALL CENTEX 51-000-62-00-5436 770.77 TELEPHONE INVOICE TOTAL: 2,312.33 6305536522-0509 05/25/09 01 WATER OP-LIFT STATIONS 51-000 62 00 5436 06/23/09 32.66 TELEPHONE INVOICE TOTAL: 32.68 6305537575-0509 05/25/09 01 ADMIN-°FAX 01-110 62 00-5436 06/23/09 45.60 TELEPHONE INVOICE TOTAL: 45.60 VENDOR TOTAL: 3,030.68 ATTLONG AT&T LONG DISTANCE 828932136 0609CITY 06/11/09 01 ADMIN-MAY LONG DISTANCE 01-110-62-00-5436 06/23/09 1.46 TELEPHONE 02 POLICE-MAY LONG DISTANCE 01-210-62-00 5436 96.11 TELEPHONE -2- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 11:41:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ATTLONG AT&T LONG DISTANCE 828932136-0609CITY 06/11/09 03 WATER OP-MAY LONG DISTANCE 51-000-62-00-5436 06/23/09 24.02 TELEPHONE INVOICE TOTAL: 121.59 VENDOR TOTAL: 121.59 AURBLA AURORA BLACKTOP 31264 06/01/09 01 MFT-HOT PATCH 15-000-75-00-7117, 00204290 06/23/09 3,678.85 HOT PATCH INVOICE TOTAL: 3,678.85 VENDOR TOTAL: 3,678.85 BANCAMER BANC OF AMERICA LEASING 011008472 05/22/09 01 FINANCE-LEASE 4 COPIERS 01-120-62-00-5412 06/23/09 836.00 MAINTENANCE- PHOTOCOPIERS 02 WATER OP-LEASE 1 COPIER 51-000-65-00-5809 99.00 PRINTING & COPYING INVOICE TOTAL: 935.00 VENDOR TOTAL: 935.00 BCBS BLUE CROSS BLUE SHIELD 060509 06/05/09 01 FINANCE-JULY HEALTH INSURANCE 01-120-50-00-5203 06/23/09 94,605.53 BENEFITS- HEALTH INSURANCE 02 FINANCE-JULY DENTAL INSURANCE 01-120-50-00-5205 7,236.36 BENEFITS- DENTAL/ VISION A INVOICE TOTAL: 101,841.89 VENDOR TOTAL: 101,841.89 BRENNTAG BRENNTAG MID-SOUTH, INC. BMS657090 05/20/09 01 WATER OP-CHEMICALS 51-000-62-00-5407 06/23/09 965.49 TREATMENT FACILITIES O&M INVOICE TOTAL: 965.49 -3- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 11:41:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT BRENNTAG BRENNTAG MID-SOUTH, INC. BMS759922 05/22/09 01 WATER OP-DRUM RETURN CREDIT 51-000-62-00-5407 06/23/09 -450.00 TREATMENT FACILITIES O&M INVOICE TOTAL: -450.00 VENDOR TOTAL: 515.49 CARGILL CARGILL, INC 2531223 05/27/09 01 WATER OP-BULK SALT 51-000-62-00-5407 00204268 06/23/09 2,554.03 TREATMENT FACILITIES O&M INVOICE TOTAL: 2,554.03 2536298 06/03/09 01 WATER OP-BULK SALT 51-000-62-00-5407 00204268 06/23/09 2,569.75 TREATMENT FACILITIES O&M INVOICE TOTAL: 2,569.75 VENDOR TOTAL: 5,123.78 CDWG CDW GOVERNMENT INC. PCG1273 05/14/09 01 FINANCE-BATTERY BACK-UP 01 120 75-00-7002 06/23/09 70.11 COMPUTER EQUIP & SOFTWARE 02 REPLACEMENT «* COMMENT +* INVOICE TOTAL: 70.11 VENDOR TOTAL: 70.11 CENTRALL CENTRAL LIMESTONE COMPANY, INC 10365 05/31/09 01 WATER OP-GRAVEL 51 000-65-00-5817 06/23/09 84.14 GRAVEL INVOICE TOTAL: 84.14 VENDOR TOTAL: 84.14 COMCAST COMCAST CABLE 052309 05/23/09 01 STREETS-MONTHLY INTERNET 01-410-62-00-5401 06/23/09 59.95 CONTRACTUAL SERVICES INVOICE TOTAL: 59.95 VENDOR TOTAL: 59.95 -4- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 11:41:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT COMDIR COMMUNICATIONS DIRECT INC SR87962 05/29/09 01 POLICE-FRONT CAMERA ASSEMBLY, 01-210-62-00-5408 06/23/09 670.00 MAINTENANCE - EQUIPMENT 02 WIRELESS MIC CLIP ** COMMENT ** INVOICE TOTAL: 670.00 SR87969 05/29/09 01 POLICE-REPAIRED SIREN 01-210 62-00 5409 06/23/09 301.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 301.00 SR88011 05/29/09 01 POLICE-REPLACED BURNED OUT 01 210-62-00-5409 06/23/09 43.00 MAINTENANCE - VEHICLES 02 DECK LAMP ** COMMENT ** INVOICE TOTAL: 43.00 SR88012 05/29/09 01 POLICE-SPOT LIGHT REPAIR 01-210-62-00-5409 06/23/09 25.00 MAINTENANCE VEHICLES INVOICE TOTAL: 25.00 SR88013 05/29/09 01 POLICE-DETECTED THAT BRAKE 01-210-62-00-5409 06/23/09 50.00 MAINTENANCE - VEHICLES 02 SWITCH WAS DEFECTIVE ** COMMENT ** INVOICE TOTAL: 50.00 VENDOR TOTAL: 1,069.00 COMED COMMONWEALTH EDISON 0185079109.0609 06/03/09 01 WATER OP-420 FAIRHAVEN DR 51-000-62-00-5435 06/23/09 121.68 ELECTRICITY INVOICE TOTAL: 121_68 0435113116-0609 06/04/09 01 STREETS-LIGHTS 01-410-62-00 5435 06/23/09 73.66 ELECTRICITY INVOICE TOTAL: 73.66 09030-40077-0609 05/30/09 01 STREETS-LIGHTS 01-410 62, 00 5435 06/23/09 2,908.84 ELECTRICITY INVOICE TOTAL: 2,908.84 -5- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 11:41:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT CDMED COMMONWEALTH EDISON 0908014004-0609 06/03/09 01 WATER OP-WELLS 51-000-62-00-5435 06/23/09 50.97 ELECTRICITY INVOICE TOTAL: 50.97 0966038077-0609 06/01/09 01 STREETS LIGHTS 01-410 62 00-5435 06/23/09 36.20 ELECTRICITY INVOICE TOTAL: 36.20 1407125045-0609 06/04/09 01 SEWER OP-FOXHILL 7 LIFT 52-000-62-00-5435 06/23/09 78.67 ELECTRICITY INVOICE TOTAL: 78.67 2668047007-0609 05/29/09 01 SEWER OP-1908 RAINTREE RD 52-000-62-00-5435 06/23/09 109.81 ELECTRICITY INVOICE TOTAL: 109.81 4085080033-0609 06/03/09 01 WATER OP-1991 CANNONBALL TRAIL 51-000-62-00-5435 06/23/09 118.25 ELECTRICITY INVOICE TOTAL: 118.25 4475093053-0609 06/02/09 01 WATER OP-610 TOWER LANE 51-000-62 00-5435 06/23/09 86.07 ELECTRICITY INVOICE TOTAL: 86.07 VENDOR TOTAL: 3,584.15 CSIDEVET COUNTRYSIDE VETERINARY CLINIC 59775 05/07/09 01 POLICE-O'NEIL SAC EXPRESSION 01-210-62 00-5412 06/23/09 10.50 MAINTENANCE- K9 INVOICE TOTAL: 10 50 60877 05/26/09 01 POLICE-O'NEIL EXAM 01-210-62-00-5412 06/23/09 41.35 MAINTENANCE- K9 INVOICE TOTAL: 41.35 VENDOR TOTAL: 51.85 -g_ DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 11:41:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT DEPO DEPO COURT REPORTING SVC, INC 13986 06101109 01 POLICE-05/13/09 ADMIN HEARING 01.210-62-00-5443 06/23/09 175.00 ADMIN ADJUDICATION CONTRAC 02 ADMIN-05/13/09 ADMIN HEARING 01-110-62-00-5401 172.25 CONTRACTUAL SERVICES INVOICE TOTAL: 347.25 13987 06/01/09 01 ADMIN-ORIGINAL TRANSCRIPT OF 01-110-62-00-5401 06/23/09 163.45 CONTRACTUAL SERVICES 02 REPORT OF PROCEEDINGS ** COMMENT ** INVOICE TOTAL: 163.45 13988 06/01/09 01 ARO-AUTUMN CREEK 01-000-13-00-1372 06/23/09 396.10 A/R- OTHER INVOICE TOTAL: 396.10 VENDOR TOTAL: 906.80 EARTHWER EARTHWERKS INC 2009-64 05/25/09 01 WATER OP-4 WHEELER 51-000-65-00-5804 06/23/09 64.00 OPERATING SUPPLIES INVOICE TOTAL: 64.00 VENDOR TOTAL: 64.00 EEI ENGINEERING ENTERPRISES, INC. 46048 05/18/09 01 MFT-CONTRACT F.7 - FOX ROAD 15-000-75-00-7120 06/23/09 1,227.27 FOX ROAD 02 LAPP RESURFACING +* COMMENT +* INVOICE TOTAL: 1,227.27 VENDOR TOTAL: 1,227.27 EXELON EXELON ENERGY 1542628 06/02/09 01 WATER OP-2224 TREMONT STREET 51-000-62-00-5435 06/23/09 4,649.16 ELECTRICITY INVOICE TOTAL: 4,649.16 -7- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 11:41:36 DETAIL HOARD REPORT TD: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------ --.. ---------------------------------------------------------------------------- EXELON EXELON ENERGY 1542953 06/03/09 01 WATER OP-2921 BRISTOL RIDGE 51-000-62-00-5435 06/23/09 12,287.88 ELECTRICITY INVOICE TOTAL: 12,267.88 1543262 06/04/09 01 WATER OP-WELLS 3 & 4 51-000-62-00-5435 06/23/09 5,992.66 ELECTRICITY INVOICE TOTAL: 5,992.66 1543625 06/05/09 01 WATER OP-420 FAIRHAVEN 51-000-62-00-5435 06/23/09 92.45 ELECTRICITY INVOICE TOTAL: 92.45 VENDOR TOTAL: 23,022.15 FOXVALLE FOX VALLEY TROPHY & AWARDS 24950 06/08/09 01 ADMIN 4 SERVICE AWARD PLAQUES 01-110-65-00-5804 06/23/09 197.00 OPERATING SUPPLIES 02 POLICE 2 SERVICE AWARDS 01-220-65-00-5804 362.50 OPERATING SUPPLIES INVOICE TOTAL: 559.50 VENDOR TOTAL: 559.50 FVFS FOX VALLEY FIRE & SAFETY 507092 05/22/09 01 STREETS-ANNUAL FIRE INSPECTION 01-410-75-00-7004 06/23/09 97.80 SAFETY EQUIPMENT 02 WATER OP-ANNUAL FIRE 51-000-75--00-7004 97.80 SAFETY EQUIPMENT 03 INSPECTION ** COMMENT ** 04 SEWER OP-ANNUAL FIRE 52-000-75-00-7004 97.80 SAFETY EQUIPMENT 05 INSPECTION ** COMMENT ** INVOICE TOTAL: 293.40 VENDOR TOTAL: 293.40 ..8- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 11:41:36 DETAIL BOARD REPORT ID: AP441000 WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE OATS ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ GALLS GALL'S INC. 5986316700017 06/02/09 01 POLICE-BOOTS 01-210 62-00-5421 06/23/09 103.99 WEARING APPAREL INVOICE TOTAL: 103.99 VENDOR TOTAL: 103.99 GJOVIKFD GJOVIK FORD-MERCURY, INC. 240204 05/28/09 01 POLICE-ABS MODULE 01-210 62-00-5409 06/23/09 720.81 MAINTENANCE VEHICLES INVOICE TOTAL: 720.81 VENDOR TOTAL: 720.81 HARRIS HARRIS XT00001580 05/13/09 01 FINANCE-ONSITE TRAINING 01-120 62 00 5401 06/23/09 81.40 CONTRACTUAL SERVICES INVOICE TOTAL: 81.40 VENDOR TOTAL: 81.40 ICCI INTERNATIONAL CODES 20090601 06/01/09 01 ADMIN-MAY PERMITS 01-110-61-00-5314 06/23/09 2,307.00 BUILDING INSPECTIONS INVOICE TOTAL: 2,307.00 20090611 06/09/09 01 ADMIN-JUNE PERMITS 01-110-61-00 5314 06/23/09 6,803.60 BUILDING INSPECTIONS INVOICE TOTAL: 6,803.60 VENDOR TOTAL: 9,110.60 ICE ICE MOUNTAIN 09EB105151347 06/03/09 01 POLICE WATER 01 210 65-00-5804 06/23/09 52, 89 OPERATING SUPPLIES INVOICE TOTAL: 52.89 VENDOR TOTAL: 52.89 -g_ DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 11:41:36 DETAIL BOARD REPORT XD: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ---------------------------------------------------------------------------------------------------------------------------------- ILEPA ILLINOIS E.P.A. FISCAL SERVICE ILR400554-060109 06/01/09 01 ENG-ANNUAL NPDES PERMIT FEE 01-150 62 00-5403 06/23/09 1,000.00 FEES INVOICE TOTAL: 1,000.00 VENDOR TOTAL: 1,000.00 ILLCO ILLCO, INC. 1174552 06/03/09 01 WATER OP-BALL VALVE, PVC TEE, 51-000-62-00-5407 06/23/09 100.82 TREATMENT FACILITIES O&M 02 PVC ADAPTER, RING GASKET ** COMMENT *+ INVOICE TOTAL: 100.82 VENDOR TOTAL: 100.62 ILLINI ILLINI POWER PRODUCTS 107991 05/26/09 01 WATER OP-SERVICE CALL TO BLOCK 51-000-62-00-5407 06/23/09 682.43 TREATMENT FACILITIES 0&M 02 HEATER CONTROL BOARD *" COMMENT ** INVOICE TOTAL: 682.43 VENDOR TOTAL: 682.43 ILLUMBER IL VALLEY URBAN LUMBERJACKS 10802 06/07/09 01 STREETS-6 TREE & STUMP 01-410-75-00-7102 00204289 06/23/09 3,000.00 TREE & STUMP REMOVAL 02 REMOVALS * COMMENT ** INVOICE TOTAL: 3,000.00 VENDOR TOTAL: 3,000.00 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 024393 05/26/09 01 STREETS-REPLACE CAM POSITION 01 410 62 00-5409 00204283 06/23/09 149.25 MAINTENANCE-VEHICLES 02 SENSOR ** COMMENT ** INVOICE TOTAL: 149.25 _1a- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 11:41:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 024395 05/27/09 01 STREETS-CAM POSITION SENSOR 01-410-62-00-5409 06/23/09 159.73 MAINTENANCE-VEHICLES INVOICE TOTAL: 159.73 VENDOR TOTAL: 308.98 IRWA ILLINOIS RURAL WATER 5083 04/28/09 01 WATER OP-MEMBERSHIP RENEWAL 51-000-64-00-5600 06/23/09 356.00 DUES INVOICE TOTAL: 356.00 VENDOR TOTAL: 356.00 JEWEL JEWEL 052709-PD 05/27/09 01 POLICE-POP, FOOD TRAYS 01 000-45-00-4511 06/23/09 26.52 POLICE-STATE TOBACCO GRANT INVOICE TOTAL: 26.52 VENDOR TOTAL: 26.52 JULIE JULIE, INC. 05 09-1769 05/31/09 O1 WATER OP-MAY LOCATES 51 000-61-00-5303 06/23/09 106.70 JULIE SERVICE INVOICE TOTAL: 106.70 VENDOR TOTAL: 106.70 KCEDC KENDALL COUNTY 2008036249 06/08/09 01 FINANCE-SUNFLOWER ESTATES REAL 01-120-62-00-5401 06/23/09 114.62 CONTRACTUAL SERVICES 02 ESTATE TAXES ** COMMENT ** INVOICE TOTAL: 114.62 2008036250 06/08/09 01 FINANCE-SUNFLOWER ESTATES REAL 01-120-62-00-5401 06/23/09 114.62 CONTRACTUAL SERVICES ®lj- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 11:41:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT P.O. # DUE DATE ITEM AMT KCEDC KENDALL COUNTY 2008036250 06/08/09 02 ESTATE TAXES ** COMMENT ** 06/23/09 INVOICE TOTAL: 114.62 2008036276 06/08/09 01 FINANCE-SUNFLOWER ESTATES REAL 01-120-62-00-5401 06/23/09 114.62 CONTRACTUAL SERVICES 02 ESTATE TAXES ** COMMENT ** INVOICE TOTAL: 114.62 2008036356 06/08/09 01 FINANCE-SUNFLOWER ESTATES REAL 01-120-62-00-5401 06/23/09 114.62 CONTRACTUAL SERVICES 02 ESTATE TAXES ** COMMENT ** INVOICE TOTAL: 114.62 VENDOR TOTAL: 458.48 KCRECORD KENDALL COUNTY RECORD 72 05/31/09 01 COMM/DEV-WEED NUISANCE NOTICES 01-220-61-00-5300 06/23/09 124.20 LEGAL SERVICES 02 ARO-FOUNTAXNVXEW 01-000-13-00-1372 54.00 A/R- OTHER INVOICE TOTAL: 178.20 VENDOR TOTAL: 178.20 KIMBALL KIMBALL HOMES LOT131 06/09/09 01 ADMIN-REFUND OF SECURITY 01-000-21-00-2115 06/23/09 3,892.50 SECURITY GUARANTEE PAYABLE 02 GUARANTEE DEPOSIT FOR 2431 ** COMMENT ** 03 ALAN DALE, LOT 131 ** COMMENT *+ INVOICE TOTAL: 3,892.50 LOT134 06/09/09 01 ADMIN REFUND OF SECURITY 01-000-21-00-2115 06/23/09 1, 177.50 SECURITY GUARANTEE PAYABLE 02 GUARANTEE DEPOSIT FOR 2411 ** COMMENT ** 12 DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 11:41:36 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ KIMBALL KIMBALL HOMES LOT134 06/09/09 03 ALAN DALE, LOT 134 ** COMMENT ** 06/23/09 INVOICE TOTAL: 1, 177.50 LOT267 06/09/09 01 ADMIN-REFUND OF SECURITY 01-000-21-00-2115 06/23/09 750.00 SECURITY GUARANTEE PAYABLE 02 GUARANTEE DEPOSIT FOR 2725 ** COMMENT ** 03 ELDEN, LOT 267 ** COMMENT +' INVOICE TOTAL: 750.00 VENDOR TOTAL: 5,820.00 KONICAMI KONICA MINOLTA BUSINESS 212427993 05/30/09 01 POLICE-COPIER CHARGES 01-210-65-00-5809 06/23/09 14.59 PRINTING & COPYING INVOICE TOTAL: 14.59 212427994 05/30/09 01 ADMIN-COLOR COPIER CHARGES 01-110 65 00 5809 06/23/09 208.80 PRINTING & COPYING 02 ADMIN-B&W COPIER CHARGES 01-110-65-00 5809 139.87 PRINTING & COPYING INVOICE TOTAL: 348.67 212428963 05/30/09 01 WATER OP-COPIER CHARGES 51-000-65-00-5809 06/23/09 7.69 PRINTING & COPYING INVOICE TOTAL: 7.69 212428984 05/30/09 01 POLICE-COPIER CHARGES 01 210 65-00-5609 06/23/09 82.81 PRINTING & COPYING INVOICE TOTAL: 82.61 212428985 05/30/09 01 ENG-COPIER CHARGES 01-150-65-00 5809 06/23/09 76.65 PRINTING & COPYING 02 COMM/DEV-COPIER CHARGES 01-220-65-00-5809 76.64 PRINTING & COPYING INVOICE TOTAL: 153.29 VENDOR TOTAL: 607.05 -13- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 11:41:37 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE 9 DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT - ------------------------------------------------------------------------------------------------------ ----------------------------- KUSTOM KUSTOM SIGNAL, INC. 391792 06/01/09 01 POLICE-WIRED REMOTE 01-210-62-00-5409 06/23/09 83.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 83.00 VENDOR TOTAL: 83.00 LOGOMAX LOGOMAX 5013 05/22/09 01 POLICE-2 EMBROIDERED SHIRTS 01-210-62-00-5421 06/23/09 30.00 WEARING APPAREL INVOICE TOTAL: 30.00 VENDOR TOTAL: 30.00 MAXR MAX R 631261 05/14/09 01 LAND CASH-BRISTOL STATION PARK 72-000-75-00-7330 00404042 06/23/09 944.24 WHISPERING MEADOWS {K. HIL 02 SIGN ** COMMENT ** 03 LAND CASH-JR. WOMENS CLUB 72-000-75-00-7317 944.24 HEARTLAND CIRCLE 04 PARK SIGN ** COMMENT ** INVOICE TOTAL: 1,888.48 VENDOR TOTAL: 1,888.48 MCKIRGN RANDY MCKIRGAN 68653 05/13/09 01 STREETS-FUEL 01-410-65-00-5812 00204288 06/23/09 485.89 GASOLINE 02 WATER OP-FUEL 51-000-65-00-5812 485.89 GASOLINE 03 SEWER OP-FUEL 52-000-65-00-5812 485.90 GASOLINE INVOICE TOTAL: 1,457.68 68780 05/27/09 01 WATER OP-GREASE 51-000 62 00-5408 00204288 06/23/09 20.60 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 20.60 VENDOR TOTAL: 1,478.26 14- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE! 15 TIME: 11:41:37 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 13730 05/27/09 01 STREETS-LXGHT FUSES 01-410-62-00-5416 06/23/09 10.76 MAINTENANCE PROPERTY INVOICE TOTAL: 10.76 13784 05/27/09 01 STREET-PARKING LOT LIGHTS 01-410-62-00-5416 06/23/09 2.99 MAINTENANCE PROPERTY INVOICE TOTAL: 2.99 13979 05/28/09 01 WATER OP-PAINT BRUSH 51-000-65-00 5804 06/23/09 2.99 OPERATING SUPPLIES INVOICE TOTAL: 2.99 13983-09 05/28/09 01 POLICE-CAR WAX, TURN SIGNAL 01-210 62-00 5409 06/23/09 7.67 MAINTENANCE VEHICLES 02 BULBS ** COMMENT ** INVOICE TOTAL: 7.67 14006 05/28/09 01 STREETS-96 FUSES 01 .410 62 00 .5414 06/23/09 229.44 MAINTENANCE-TRAFFIC SIGNAL INVOICE TOTAL: 229.44 15928 06/04/09 01 STREETS-BULBS FOR LIGHTS IN 01-410-62-00 5416 06/23/09 35.92 MAINTENANCE PROPERTY 02 OFFICES ** COMMENT ** INVOICE TOTAL: 35.92 VENDOR TOTAL: 289.77 MJELECT MJ ELECTRICAL SUPPLY, INC. 1108406-00 05/21/09 01 STREETS-PHOTO CONTROL, 8 BULBS 01-410-62-00 5415 06/23/09 171.90 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 171.90 1108406-01 05/21/09 01 STREETS 12 BULBS 01-410-62-00-5415 06/23/09 216.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 216.00 -15- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 11:41 37 DETAXL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MJELECT MJ ELECTRICAL SUPPLY, INC. 1108407-01 05/21/09 01 ADMIN-LIGHT 01-110-65-00-5804 06/23/09 18.00 OPERATING SUPPLIES INVOICE TOTAL: I8.00 1108560.00 05/25/09 01 STREETS-LIGHT 01-410-62-00-5416 06/23/09 49.50 MAINTENANCE PROPERTY INVOICE TOTAL: 49.50 1108617-00 05/25/09 01 STREETS-BULB 01-410-62 00-5416 06/23/09 18.00 MAINTENANCE PROPERTY INVOICE TOTAL: 18.00 1108648-00 05/25/09 01 WATER OP-DOUBLE HEAD 51-000-65-00-5804 06/23/09 200.00 OPERATING SUPPLIES 02 OBSTRUCTION LIGHT ** COMMENT ** INVOICE TOTAL: 200.00 VENDOR TOTAL: 673.40 MOONBEAM DIANE GIANNELLI OAKLEY 83 04/28/09 01 COMM/RELATIONS VIDEO TAPING 01-130 62-00-5401 06/23/09 50.00 CONTRACTUAL SERVICES INVOICE TOTAL: 50.00 84 05/12/09 01 COMM/RELATIONS VIDEO TAPING 01-130-62-00-5401 06/23/09 100.00 CONTRACTUAL SERVICES INVOICE TOTAL: 100 00 85 05/26/09 01 COMM/RELATIONS VIDEO TAPING 01-130-62-00µ5401 06/23/09 50.00 CONTRACTUAL SERVICES INVOICE TOTAL: 50.00 VENDOR TOTAL: 200.00 NICOR NICOR GAS -16- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 11:41:37 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # A.O. # DUE DATE ITEM AMT --------------------------------------------------------------------- ---------------------------------------------- ---------------- NICOR NICOR GAS 07-72-09-0117 7-0509 05/26/09 01 ADMIN-1301 CAROLYN CT 01-110 78-00-9002 06/23/09 36.31 NICOR GAS INVOICE TOTAL: 36.31 15-63-74-5733 2-0609 06/03/09 01 ADMIN-1955 S BRIDGE STREET 01-110-78°00 9002 06/23/09 53.90 NICOR GAS INVOICE TOTAL: 53.90 23-45 91-4862 5-0609 06/04/09 01 ADMIN-101 BRUELL STREET 01-110 78 00-9002 06/23/09 79.12 NICOR GAS INVOICE TOTAL: 79.12 45-12 25 4081 3-0609 06/03/09 01 ADMIN-201 W. HYDRAULIC 01-110-78-00-9002 06/23/09 9.36 NICOR GAS INVOICE TOTAL: 9.36 49-25° 61°1000 5-0609 06/03/09 01 ADMIN-1 VAN EMMON RD 01-110-78-00-9002 06123/09 49.64 NICOR GAS INVOICE TOTAL: 49.64 VENDOR TOTAL: 228.33 NRTHWSTR NORTHWESTERN UNIVERSITY 17091 05/28/09 01 POLICE-GRADUATION LUNCHEON FOR 01-210-64-00-5605 06/23/09 110.00 TRAVEL EXPENSES 02 5 PEOPLE ** COMMENT �* INVOICE TOTAL: 110.00 VENDOR TOTAL: 110.00 ORRK KATHLEEN FIELD ORR & ASSOC. 12852 06101109 01 ARO-AUTUMN CREEK, GRANDE 01-000 13°00 1372 06/23/09 2,146.00 A/R- OTHER 02 RESERVE, HAEHNER, KENDALL ** COMMENT ** 17- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 11:41:37 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ORRK KATHLEEN FIELD ORR & ASSOC. 12852 06/01/09 03 MARKET PLACE, PRESTWICK, ** COMMENT ** 06/23/09 04 WESTHAVEN, ** COMMENT ** 05 WINDETTE RIDGE LEGAL MATTERS ** COMMENT ** 06 ADMIN-LEGAL MATTERS, MEETINGS, 01-110-61-00-5302 5,139.50 CORPORATE COUNCIL 07 LAY-COM MATTERS, OCEAN ** COMMENT ** 08 ATLANTIC MATTERS ** COMMENT ** 09 COMM/DEV-DANIEL'S DEVELOPMENT 01-220-61-00-5300 832.50 LEGAL SERVICES INVOICE TOTAL: 8,118.00 VENDOR TOTAL: 6,116.00 PARADISE PARADISE CAR WASH 221596 06/01/09 01 POLICE-MAY CAR WASHES 01-210-62-00-5409 06/23/09 170.00 MAINTENANCE VEHICLES INVOICE TOTAL: 170.00 VENDOR TOTAL: 170.00 PATTEN PATTEN INDUSTRIES, INC. P53CO109568 05/08/09 01 SEWER OP-3 WASHERS 52 000 62 00 5408 06/23/09 1.08 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 1.08 VENDOR TOTAL: 1.08 PFPETT P.F. PETTIBONE & CO. 17898 05/30/09 01 ADMIN-MINUTE BOOK COVERS WITH 01-110-65-00-5602 06/23/09 460.15 OFFICE SUPPLIES 02 LETTERING ** COMMENT ** INVOICE TOTAL: 460.15 VENDOR TOTAL: 460.15 QUILL QUILL CORPORATION _fig_ DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 11:41:37 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ QUILL QUILL CORPORATION 6956731 05/26/09 01 POLICE-PRINTER CARTRIDGES 01-210-65-00-5802 06/23/09 77.38 OFFICE SUPPLIES INVOICE TOTAL: 77.38 7004365 05/28/09 01 POLICE-DRY ERASE BOARD 01-210 65 00-5802 06/23/09 324.99 OFFICE SUPPLIES INVOICE TOTAL: 324.99 VENDOR TOTAL: 402.37 R0000594 BRIAN BETZWISER 070109 06/10/09 01 PW CAPITAL-105 WOLF JULY PYMT 21-000-75-00-7130 06/23/09 6,857.92 FACILITY EXPANSION INVOICE TOTAL: 6,857.92 VENDOR TOTAL: 6,857.92 R0000680 GLADSTONE BUILDER & DEVELOPERS LOT436 06/05/09 01 ADMIN-SECURITY GUARANTEE 01-000-21-00-2115 06/23109 6,000.00 SECURITY GUARANTEE PAYABLE 02 DEPOSIT REFUND FOR LOT 436 ** COMMENT ** 03 GRANDE RESERVE ** COMMENT ** INVOICE TOTAL: 6,000.00 VENDOR TOTAL: 6,000.00 R0000683 ALTA LANGLAND 060509 06/05/09 01 ADMIN-REFUND OF OVERPAYMENT ON 01-000-00-00-1480 06/23/09 227.67 UNAPPLIED CASH 02 WATER BILL ** COMMENT ** INVOICE TOTAL: 227.67 VENDOR TOTAL: 227.67 R0000684 ERIC S. DOMALEWSKI -19- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 11:41.37 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE 4 INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT P.O. 4 DUE DATE ITEM AMT R00006B4 ERIC S. DOMALEWSKI 060309 06/03/09 01 POLICE-RETURN FINE MONIES 01-210-65-00-5814 06/23/09 25.00 ADMIN ADJUDICATION OPERATI INVOICE TOTAL: 25.00 VENDOR TOTAL: 25.00 R0000685 JEANETTE M. THOMAS 060309 06/03/09 01 POLICE RETURN FINE MONIES 01-210-65-00-5814 06/23/09 25.00 ADMIN ADJUDICATION OPERATI INVOICE TOTAL: 25.00 VENDOR TOTAL: 25.00 80000666 JEAN MAHANEY 061009 06/10/09 01 REIMBURSEMENT FOR SIDEWALK 01 410-75-00-7103 06/23/09 156.00 SIDEWALK CONSTRUCTION 02 REPLACEMENT PROGRAM ** COMMENT ** INVOICE TOTAL: 156.00 VENDOR TOTAL: 156.00 SECGROUP SEC GROUP, INC. 356812 05/20/09 01 MFT-GAME FARM ROAD PLAT OF 15 000-75-00-7106 06/23/09 9,305.62 GAME FARM SURVEYING 02 HIGHWAYS ** COMMENT ** INVOICE TOTAL: 9,305.62 VENDOR TOTAL: 9,305.62 SELECTLP SELECTIVE LABEL & PRINTING 19799 05/29/09 01 COMM/DEV-498 NOTICE OF 01 220 61-00-5300 06/23/09 506.22 LEGAL SERVICES 02 VIOLATION SIGNS ** COMMENT ** INVOICE TOTAL: 506.22 VENDOR TOTAL: 506.22 -20- DATE: 06116109 UNITED CITY OF YORKVILLE PAGE: 21 TIME 11:41:37 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT -------------------------------------------------------------------------------------------------------------------- ---------------- SERVICE SERVICE PRINTING CORPORATION 20617 04/21/09 01 COMM/RELATIONS-8,300 COY 01-130-62-00-5401 00102191 06/23/09 1,987.56 CONTRACTUAL SERVICES 02 NEWSLETTERS ** COMMENT ** INVOICE TOTAL: 1,987.56 VENDOR TOTAL 1,987.56 SERVMASC SERVICEMASTER COMM. CLEANING 142717 05/31/09 01 ADMIN-MAY JANITORIAL SERVICES 01-110-62-00-5401 06/23/09 1,254.00 CONTRACTUAL SERVICES INVOICE TOTAL: 1,254.00 VENDOR TOTAL: 1,254.00 SEYFARTH SEYFARTH SHAW LLP 1601783 05/28/09 01 POLICE-LEGAL MATTERS 01-210 61-00-5300 06/23/09 1,312.50 LEGAL SERVICES INVOICE TOTAL: 1,312.50 VENDOR TOTAL: 1,312.50 SHREDIT SHRED-IT 021314156 06/02/09 01 ADMIN-SHREDDING CHARGES 01-110-62-00-5401 06/23/09 136.00 CONTRACTUAL SERVICES INVOICE TOTAL: 136.00 VENDOR TOTAL: 136.00 SMIECOSY SMITH ECOLOGICAL SYSTEMS INC. 12860 05/28/09 01 WATER OP-SCALE DISC 51-000-62-00-5407 06/23/09 37.89 TREATMENT FACILITIES O&M INVOICE TOTAL: 37.89 VENDOR TOTAL: 37.89 STERLING STERLING CODIFIERS, INC. -21- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 11:41:37 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. t# DUE DATE ITEM AMT STERLING STERLING CODIFIERS, INC. 9156 05/31/09 01 ADMIN-SUPPLEMENT #22 01-110-61-00-5311 06/23/09 3,930.00 CODIFICATION INVOICE TOTAL: 3,930.00 VENDOR TOTAL: 3,930.00 SUBURBAN SUBURBAN CHICAGO NEWSPAPERS AD 876598-09 06/11/09 01 WATER OP-3 MONTH SUBSCRIPTION 51-000 64-00 5603 06/23/09 26.00 SUBSCRIPTIONS 02 RENEWAL ** COMMENT ** INVOICE TOTAL: 26.00 VENDOR TOTAL: 26.00 THOMAS THOMAS ALARM SYSTEMS J052509138 05/25/09 01 STREETS-ANNUAL MONITORING AND 01 410-62-00-5416 06/23/09 629.00 MAINTENANCE PROPERTY 02 SERVICE FEE FOR BURGLAR ALARM ** COMMENT ** 03 AT POLICE DEPARTMENT ** COMMENT ** INVOICE TOTAL: 629.00 VENDOR TOTAL: 629.00 TROTSKY TROTSKY INVESTIGATIVE YORKVILLE PD 09 03 05/30/09 01 POLICE-APPLICANT POLYGRAPH 01-210°62-00-5431 06/23/09 85.00 LABORATORY FEES INVOICE TOTAL: 85.00 VENDOR TOTAL: 65.00 TUFFY TUFFY AUTO SERVICE CENTER 10998 05/22/09 01 POLICE-OIL CHANGE 01-210-62 00-5409 06/23/09 29.95 MAINTENANCE VEHICLES INVOICE TOTAL: 29.95 -22 DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 11:41:37 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT TUFFY TUFFY AUTO SERVICE CENTER 11094 05/28/09 01 POLICE-OIL CHANGE 01 210 62°00-5409 06/23/09 29.95 MAINTENANCE = VEHICLES INVOICE TOTAL: 29.95 11138 06101109 01 POLICE-OIL CHANGE 01-210-62-00-5409 06/23/09 25. 95 MAINTENANCE - VEHICLES INVOICE TOTAL: 25.95 11196 06/04/09 01 POLICE-OIL CHANGE 01-210-62-00-5409 06/23/09 25.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 25.95 VENDOR TOTAL: 111.80 UPS UNITED PARCEL SERVICE 00004296X2219 05/23/09 01 ADMIN-1 PKGE TO KFO 01-110-65-00 5808 06/23/09 22.75 POSTAGE & SHIPPING INVOICE TOTAL: 22.75 00004296x2229 05/30/09 01 WATER OP-1 PKGE TO IEPA LABS 51 000 65 00 5808 06/23/09 36.80 POSTAGE & SHIPPING INVOICE TOTAL: 36.80 VENDOR TOTAL: 59.55 VEOLIA VEOLIA ES SOLID WASTE MIDWEST T0405525 05/25/09 01 HEALTH & SANITATION-MAY 01 540 62 00-5442 06/23/09 96,721.24 GARBAGE SERVICES 02 SERVICE ** COMMENT ** INVOICE TOTAL: 96,721.24 VENDOR TOTAL: 96,721.24 WALMART WALMART COMMUNITY 052209-CITY 05/22/09 01 ADMIN-NAPKINS, KLEENEX, CUPS, 01-110-65-00-5804 06/23/09 34.29 OPERATING SUPPLIES -23- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 11:41:37 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WAL14ART WALMART COMMUNITY 052209-CITY 05/22/09 02 CREAMER .+ COMMENT ** 06/23/09 INVOICE TOTAL: 34.29 VENDOR TOTAL: 34.29 WATERSYS WATER SOLUTIONS UNLIMITED, INC 26620 05/21/09 01 WATER OP-PHOSPHATE 51 000-62-00-5407 00204328 06/23/09 1,005.00 TREATMENT FACILITIES O&M INVOICE TOTAL: 1,005.00 VENDOR TOTAL: 1,005.00 WHOLTIRE WHOLESALE TIRE 129311 05/28/09 01 POLICE-FRONT BRAKE AND ROTORS 01-210 62-00-5409 06/23/09 283.70 MAINTENANCE - VEHICLES INVOICE TOTAL: 283.70 129322 05/28/09 01 POLICE-TIRE REPAIR 01-210 62 00-5409 06/23/09 15.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 15.00 129334 05/29/09 01 POLICE TIRE REPAIR 01-210-62-00-5409 06/23/09 12.00 MAINTENANCE VEHICLES INVOICE TOTAL: 12.00 129401 06/03/09 O1 POLICE-FRONT BRAKES 01-210-62 00-5409 06/23/09 372.10 MAINTENANCE VEHICLES INVOICE TOTAL: 372.10 VENDOR TOTAL: 682.80 WILDATRY WILDMAN, HARROLD, ALLEN & 399956 05/29/09 01 LANDFILL-LEGAL MATTERS 01-000-13°00-1375 06/23/09 65,625.15 A/R- LANDFILL INVOICE TOTAL: 65,625.15 VENDOR TOTAL: 65,625.15 -24- DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 11:41:37 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT WIREWIZ WIRE WIZARD OF ILLINOIS, INC 6852 06/01/09 01 WATER OP-ALARMS AT PLANTS & 51 000-62 00 5407 06/23/09 621.00 TREATMENT FACILITIES O&M 02 BOOSTER STATIONS ** COMMENT ** INVOICE TOTAL: 621.00 VENDOR TOTAL: 621.00 WOLFCOMP WOLF & COMPANY 76493 06/05/09 01 LAND CASH-FINAL BILLING FOR 72-000-75-00-7335 06/23/09 2,650.00 GRANDE RESERVE BIKE TRAIL 02 AUDIT OF BLACKBERRY BIKE PATH ** COMMENT ** 03 GRANT ** COMMENT ** INVOICE TOTAL: 2,650.00 VENDOR TOTAL: 2,650.00 WTRPRD WATER PRODUCTS, INC. 0214973 05/28/09 01 WATER OP-ITRON END POINTS 51-000-75-00-7508 06/23/09 3,480.00 METERS & PARTS INVOICE TOTAL: 3,480.00 0215074 06/03/09 01 WATER OP-4 HOSE NOZZLES 51 000-75-00-7507 06/23/09 115.65 HYDRANT REPLACEMENT ,INVOICE TOTAL: 115.65 VENDOR TOTAL: 3,595.65 YARDLAND YARDWORKS LANDSCAPE SUPPLIES 7919 05/22/09 01 WATER OP-STRAW SEED 51-000-65-00-5804 06/23/09 15.61 OPERATING SUPPLIES INVOICE TOTAL: 15.61 VENDOR TOTAL: 15.61 YORKACE YORKVILLE ACE & RADIO SHACK 25 DATE: 06/16/09 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 11:41:37 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/23/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT YORKACE YORKVILLE ACE & RADIO SHACK 125497 04/27/09 01 SEWER OP-LAUNDRY VENT CLAMP 52-000-65 00-5805 06/23/09 2.99 SHOP SUPPLIES INVOICE TOTAL: 2.99 VENDOR TOTAL: 2.99 YORKCLER YORKVILLE CLERK'S ACCOUNT 128951-128952 06/09/09 01 COMM/DEV-LIENS 01-220 61-00 5300 06/23/09 540.00 LEGAL SERVICES INVOICE TOTAL: 540.00 VENDOR TOTAL: 540.00 YORKPDPC YORKVILLE POLICE DEPT. 060209 06/02/09 01 POLICE-GASOLINE 01-210 65-00 5812 06/23/09 10.00 GASOLINE 02 PD CAPITAL-TITLE FEE 20-000-65-00 5840 65.00 SEIZED VEHICLES INVOICE TOTAL: 75.00 VENDOR TOTAL: 75.00 YORKPOST YORKVILLE POSTMASTER 063009BILLS 06/10/09 01 WATER OP-POSTAGE FOR 06/30/09 51-000-65-00-5808 06/23/09 2,000.00 POSTAGE & SHIPPING 02 UTILITY BILLS COMMENT '* INVOICE TOTAL: 2,000.04 VENDOR TOTAL: 2,000.00 TOTAL ALL INVOICES: 389,900.43 -26- UNITED CITY OF YORKVILLE PAYROLL SUMMARY 6/6/2009 REGULAR OVERTIME TOTAL IMRF S. SECURITY TOTALS ADMINISTRATION $10,929.36 $0.00 $10,929.36 $887.99 $755.91 $12,573.26 FINANCE $11,142.92 $0.00 $11,142.92 $924.86 $824.11 $12,891.89 COMMUNITY REL. $3,942.50 $0.00 $3,942.50 $311.25 $257.73 $4,511.48 ENGINEERING $14,795.41 $0.00 $14,795.41 $1,228.02 $1,093.05 $17,116.48 POLICE $98,630.10 $1,439.61 $100,069.71 $769.47 $7,398.83 $108,238.01 COMMUNITY DEV. $12,306.28 $0.00 $12,306.28 $1,021.43 $914.05 $14,241.76 STREETS $11,948.53 $0.00 $11,948.53 $991.72 $890.50 $13,830.75 WATER $13,580.77 $54.42 $13,635.19 $1,131.74 $1,009.40 $15,776.33 SEWER $10,878.91 $0.00 $10,878.91 $902.95 $795.00 $12,576.86 PARKS $16,054.93 $0.00 $16,054.93 $1,285.65 $1,196.52 $18,537.10 RECREATION $17,159.95 $0.00 $17,159.95 $1,234.38 $1,287.57 $19,681.90 REC. CENTER $6,825.27 $0.00 $6,825.27 $149.27 $516.53 $7,491.07 LIBRARY $18,399.69 $0.00 $18,399.69 $740.36 $1,385.56 $20,525.61 TOTALS $246,594.621 $11494.03 $248,088.65 $11,579.09 $18,324.76 $277992.50 TOTAL PAYROLL 6/6/2009 $277,992.50 TOTAL INVOICES 6/23/2009 $389,900.43 TOTAL DISBURSEMENTS $667,892.93 -27- Reviewed By: Agenda Item Number J Q A -t Legal ❑ MAYOR #1 Esr , jaas Finance r-1 Engineer ❑ Tracking Number jg �, ` City Administrator F1`°"�` Consultant ❑ CC 2009-58 Agenda Item. Summary Memo Title: 2009 OSLAD Grant Applications —Bristol Bay Regional Park and Bollweg Parcel Meeting and Date: City Council—6/23/09 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: Final Council action on both grants Submitted by: Bart Olson Parks and Recreation Name Department Agenda Item Notes: Memorandum "- WAWA" To: City Council From: Bart Olson, Interim Director of Parks and Recreation ptiar,s a PcrWmaa CC: Date: June 19, 2009 � Subject: 2009 OSLAD Grant applications �u V1U W4AK anaW%MW This agenda item was discussed at Park Board on May 28 and June 1 l. The Bristol Bay Park development grant application received a unanimous negative recommendation, and the Bollweg parcel acquisition grant application received a unanimous positive recommendation with a further recommendation that no cash be used as part of the local match (details below). The deadline for grant applications to be turned into the IDNR is July 1, therefore both of these applications need to be acted upon at the June 23`d City Council. For the past few weeks, the staff has been gathering materials for two OSLAD grant applications: one for development of a park, and one for acquisition of property. As you probably recall, the OSLAD grant program is one of the best funded programs for parks and open space acquisition, and allows the municipality to fund development or acquisition by paying only half of the cost. In some instances, the development or acquisition can be completed with no municipal funds (more on this below). Bristol Bay Regional Park:-Development Grant Details, 1) Deadline for grant application: a. July 1, 2009 2) Concept plan drawing: a. The concept plan drawing is included in the Council packet. The overall park plan has not substantially changed from the previous year's grant application, but we have changed the timing of the construction of different features to make them more appealing to the grant review board. As you may recall, the park was proposed to be developed in two phases-phase one would see development of soccer fields, tennis courts, and the playground, and phase two would see development of the skate park, the interpretive trails, and the landscaping. The City applied for funding for phase one last year and was denied. We will be applying for funding for phase two this year, and would then construct phase two first. 3) Maximum amount possible in state grant funding for this project: a. $400,000 4) The amount that Yorkville must commit as a"match" for the state funding (in cash or in land donation): a. $400,000 5) Funding source for local match (proposed): a. Land-cash funds ($400,000 as described in Item #4) 6) Timing of expenses: a. Grant awards could be announced as early as January 2010, but recent years the grant awards have been announced in May of the following year. Should this grant be awarded, we can reasonably expect no expenses in FY 09/10, most expenses to fall in FY 10/11 and the remainder of expenses in FY 11/12. 7) Recommendation from Park Board to apply for this grant: a. The vote on this specific grant application was a unanimous negative recommendation. The Park Board felt that the cash flow issues with the local match were large enough to hold off on the grant for another year (explained below). Overall summary for Bristol Bay Regional Park Since the grant application for this park was submitted and denied last year, staff and the Mayor felt this park still remains the top development priority. Given that most of the grant exhibits were prepared last year, staff can use minimal effort in resubmitting the grant application this year. As described above under the park concept plan, the overall concept plan and components of the park will not change—but in this new application, staff"is suggesting we apply for components of the park that were not in the grant application last year. The new components to be applied for will make the application a stronger candidate for award, and reflect the change in grant criteria that surfaced during last year's grant cycle. As discussed briefly in #7 above, the main issue discussed by the Park Board and the main issue likely to be discussed by the City Council is the City's portion of the local match (proposed to be$400,000). 1 proposed to the Park Board that land-cash dollars be spent on the local match. These expenses would be spread over two fiscal years in the future and possibly longer if the park development is extended (and historically our park developments have been extended). The current balance of the land-cash fund is $544,000 in deficit. In this fiscal year (FY 09/10), we expect to receive reimbursements for three grants (Blackberry Creek Bike Path, Prairie Meadows OSLAD grant, and Whispering Meadows OSLAD grant). When received, these reimbursements will eliminate the deficit, and depending on the timing of expenses within other parks will yield a surplus within the land-cash fund of near$400,000. Even with this explanation, the Park Board felt uncomfortable with the source of cash-flow and recommended not to apply for the grant this year. Bollwep,Property—Acquisition Grant Details 1) Deadline for grant application: a. July 1, 2009 2) Property details: a. A total of 10.7 acres, consisting of a 7.4 acre parcel, consisting of a 1,500 s.f. home that is built into a hill ("earth house") and 250 feet of river frontage, and a 3.3 acre parcel with an access road that connects Quinsey Lane and the Birchwood Drive right-of-way. Most of the 7.4 acre parcel is wooded, with openings in the wooded areas around the house, the backyard, and the pond in the backyard. The woods are less dense towards the north of the property, and much denser to the south of the property. The woods near the river were toured by staff, the Mayor, and Dick Young of the Forest Preserve last year. Dick Young termed the land "pristine"because it has never been cultivated, contains some high quality trees, and there are species of plants on the property he has never seen before. Half of the 3.3 acre parcel is wooded and half is "dappled with sunlight from the tree canopy gently reaching over the lawn". 3) Concept plan drawing: a. The concept plan drawing and parcel map is attached. The overall park plan is focused on passive uses (interpretive trails, preservation areas),but will contain use of the river frontage for fishing and canoeing, and could contain a trailhead that would connect to the Heartland Circle subdivision trails. Given the property's location and the property owner's potential wishes for use of the property, the key component of this plan will be the extension of Birchwood Drive to this property, and the buffering of the surrounding residential properties from the development as a City park. 4) Maximum amount possible in state grant funding for this project: a. $750,000 5) Amount Yorkville will apply for: a. $550,0002 6) The amount that Yorkville must commit as a"match" for the state funding (in cash or in land donation): a. $550,000 (land donation, described in Item #7 and overall summary). 7) Funding source for local match (proposed): a. $550,000 worth of land, (i.e. no cash required) donated to the City by Corlands from the Blackberry Creek property being held by Corlands 8) Timing of expenses: a. Grant awards could be announced as early as January 2010, but recent years the grant awards have been announced in May of the following year. Should this grant be awarded, the purchase of the property would still have to be negotiated and approved by both parties. This execution would likely take place in FY 10111. 9) Recommendation from Park Board to apply for this grant: a. The vote on this specific grant application was a unanimous positive recommendation, under,the stipulation that the local match be satisfied by a 100% land donation (i.e. no City funds for the acquisition of the parcel other than incidental costs at the time of grant application). Overall summary for Bollweg vroperty The acquisition of this parcel has been recommended by the staff and the Mayor because of its location (riverfront), unique components (earth house), and because the property could be acquired with no cash outlay by the City. As discussed briefly above, the City can receive up to $750,000 by the state for acquisition of this property with a local match of$750,000 in donated land. A few years ago, the Grande Reserve developers donated a 90-acre parcel to Corlands on our behalf. This land was to be held and donated to the City as our match for development grants for the Hoover property. Since the City and County have decided to terminate the Hoover 1 Laura Haake—June 15,2009 email describing the parcel. 2 Based on a verbal estimate provided by the appraiser. At time of packet creation,the full letter of opinion was still being drafted, and will be sent to staff Monday or Tuesday. use agreement, the 90-acre donated parcel can be used in this grant program. To reiterate, this means that as long as the property owner agrees to sell the land for the amount listed in the letter of opinion, the City would be able to purchase the property with state funds only. This fact was the key component in the Park Board's decision to recommend this grant application, and in fact was listed as a stipulation of their decision. As mentioned in footnote#2 on the previous page, the letter of opinion was still being drafted by the appraiser at time of packet creation. However, he verbally relayed that the value of the parcels will be near$50,000 per acre. In preliminary discussions with the property owner, he was informed that the value of the property contained within the letter of opinion (and subsequent appraisal) would be the maximum amount the City could receive from the state for the purchase of the property. He was also informed that if that amount was not in his range of acceptable purchase price, that the City Council was not likely to agree to make up the difference between his desired purchase price and the amount to be received from the state3. He was accepting of that concept at that time. However, on Friday morning I called the property owner to relay the value of the property that will be contained within the letter of opinion from the appraiser, and the property owner expressed no willingness to sell the property for that price. The grant program does not allow the City and the property owner to negotiate a firm price prior to grant application, so I do not know his absolute minimum selling price. However, through discussions I have learned that his acceptable range of purchase is a couple hundred thousand dollars higher than $550,000—meaning that if the City Council wishes to acquire the parcel, the only option currently allowed by City Council is to make up the difference between the grant and the property owners selling price, which can be accomplished by appropriating City funds (at odds with the Park Board recommendation, but a policy option for the Council) or attempting to identify other grants from other organizations. Before Tuesday's City Council meeting, I will be contacting various conservation groups seeking information on their grant programs. This property was also considered for an OSLAD grant application by the Park Board and City Council last year, and was not recommended by Park Board at that time. The City Council concurred with that recommended action. Issues at that time revolved around the unidentified funding source to acquire the parcel (unknown at the time), the development of the parcel, and the access to the parcel. Finally, should the Bollweg parcel acquisition be approved by the City, the property owner, and the IDNR, the City would also take title to roughly 29 acres of property along the Blackberry Creek as part of the local match, which Corlands is presently holding for the City, The parcel boundary and concept plan for this parcel is attached. This parcel boundary was recommended by staff and the Park Board due to its ability to connect the Autumn Creek trail system with the Grande Reserve trail system. Summary of cost for both prant proiects 1) Bristol Bay Regional Park Development Grant $ 400,000 (State grant dollars) 7 This, of course,is a policy option for the Council to consider. At the time,that was my best guess of the Council's direction on the matter and was based on the Park Board's recommendation to not use additional City funds to purchase the property and the Council's direction last year. + $ 400,000 (City funds) $ 800,000 (total project budget*) * This is a front-funded grant, reimbursement of the$400,000 will be requested after project completion. 2) Bollweg Property Acquisition Grant $ 550,000 (State grant dollars) + $ 200,000 (estimated City funds)* $ 750,000 (total acquisition cost) *This grant still requires a dollar-for-dollar match by the City. However, instead of putting up the total amount as cash for our match, the state allows cities to use as the match the value of land donated by a third party to the City as the City's match. This means the City needs a parcel (and has one waiting for our use) donated by a third party to the City worth $550,000. STATE OF ILLINOIS/IDNR DOC-3 RESOLUTION OF AUTHORIZATION OSLAD/LWCF PROJECT APPLICATION FORM 1. Project Sponsor: United City of Yorkville _ 2. Project Title: Bristol Bay Park Dev--Ph I The United Citv of Yorkville (local projectspamor)-hereby certifies and acknowledges that it has 100% of the funds necessary(includes cash and value of donated land)to complete the pending OSLAD/LWCF project within the time frames specified herein for project execution,and that failure to adhere to the specified project timeframe or failure to proceed with the project because of insufficient funds or change in local recreation priorities is sufficient cause for project grant termination which will also result in the ineligibility of the local project sponsor for subsequent Illinois DNR outdoor recreation grant assistance consideration in the next two(2)consecutive grant cycles following project termination. Acquisition and Development Projects It is understood that the project should be completed within the timeframe established in the project grant agreement and the Final Billing reimbursement request will be submitted to IDNR as soon as possible following project completion. The United City of Yorkville ilocal project spaosor) further acknowledges and certifies that it will comply with all terns, conditions and regulations of 1) the Open Space Lands Acquisition and Development (OSLAD) program(17 IL Adm. Code 3025) or federal Land & Water Conservation Fund (LWCF) program (17 IL Adm. Code 3030), as applicable, 2) the federal Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970 (P.L. 91-646) and/or the Illinois Displaced Persons Relocation Act(310 ILCS 40 et. seq.), as applicable, 3)the Illinois Human Rights Act(775 ILCS 511-101 et.seq.), 4)Title V1 of the Civil Rights Act of 1964, (P.L. 83-352), 5) the Age Discrimination Act of 1975 (P.L. 94-135), 6) the Civil Rights Restoration Act of 1988, (P.L. 100-259) and 7) the Americans with Disabilities Act of 1990 (PL 101-336); and will maintain the project area in an attractive and safe conditions, keep the facilities open to the general public during reasonable hours consistent with the type of facility, and obtain from the Illinois DNR written approval for any change or conversion of approved outdoor recreation use of the project site prior to initiating such change or conversion; and for property acquired with OSLAD/LWCF assistance, agree to place a covenant restriction on the project property deed at the time of recording that stipulates the property must be used, in perpetuity, for public outdoor recreation purposes in accordance with the OSLAD/LWCF programs and cannot be sold or exchanged, in whole or part,to another party without approval from the Illinois DNR. BE IT FURTHER PROVIDED that the United City of Yorkville (local project sponsor) certifies to the best of its knowledge that the information provided within the attached application is true and correct. This Resolution of Authorization has been duly discussed and adopted by the United City of Yorkville gocal project sponsor) at a legal meeting held on the day of 2009 . (Authorized Signature) (Title) ATTESTED BY: (Title) Rev.4/26/2007 STATE OF ILLINOIS 1 IDNR DOC-3 RESOLUTION OF AUTHORIZATION OSLAD/LWCF PROJECT APPLICATION FORM 1. Project Sponsor: United City of Yorkville 2. Project Title: Riverfront Park Acq - Bolhvep _ The United City of Yorkville (rcaa, project sponsor)_hereby certifies and acknowledges that it hass 100%of the funds necessary(includes cash and value of donated land)to complete the pending OSLADILWCF project within the time frames specified herein for project execution, and that failure to adhere to the specified project timeframe or failure to proceed with the project because of insufficient funds or change in local recreation priorities is sufficient cause for project grant termination which will also result in the ineligibility of the local project sponsor for subsequent Illinois DNA outdoor recreation grant assistance consideration in the next two(2)consecutive grant cycles following project termination. Acquisition and Development Projects It is understood that the project should be completed within the timeframe established in the project grant agreement and the Final Billing reimbursement request will be submitted to IDNR as soon as possible following project completion. The United City of Yorkville ((re,( project sponsorl further acknowledges and certifies that it will comply with all terms, conditions and regulations of 1) the Open Space Lands Acquisition and Development(OSLAD) program (17 IL Adm. Code 3025) or federal Land & Water Conservation Fund (LWCF) program (17 IL Adm. Code 3030), as applicable, 2) the federal Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970 (P.L. 91-646) and/or the Illinois Displaced Persons Relocation Act(310 ILCS 40 et. seq.),as applicable, 3) the Illinois Human Rights Act(775 ILLS 511-101 et.seq.), 4)Title Vt of the Civil Rights Act of 1964, (P.L. 83-352), 5) the Age Discrimination Act of 1975 (P.L. 94-135), 6) the Civil Rights Restoration Act of 1988, (P.L. 100-259) and 7) the Americans with Disabilities Act of 1990 (PL 101-336); and will maintain the project area in an attractive and safe conditions, keep the facilities open to the general public during reasonable hours consistent with the type of facility, and obtain from the Illinois DNR written approval for any change or conversion of approved outdoor recreation use of the project site prior to initiating such change or conversion; and for property acquired with OSLADILWCF assistance, agree to place a covenant restriction on the project property deed at the time of recording that stipulates the property must be used, in perpetuity, for public outdoor recreation purposes in accordance with the OSLAD/LWCF programs and cannot be sold or exchanged, in whole or part, to another party without approval from the Illinois DNR. BE IT FURTHER PROVIDED that the United City of Yorkville (focal project sponsor) certifies to the best of its knowledge that the information provided within the attached application is true and correct. This Resolution of Authorization has been duly discussed and adopted by the United Citv of Yorkville local project sponsor) at a legal meeting held on the day of 2009 . (Authorized Signature) (Title) ATTESTED BY: (Title) Rev.4/26/2007 THE REGIONAL PARK AT BRISTOL BAY CONCEPTUAL DEVELOPMENT PLAN , 4 BRISTOL BAY ELEMENTARY i { J i s BRISTOL BAY ROAD NATURALIZED STORMWATER w' MANAGEMENT AREA LANDSCAPING MOWED PATH WITH INTERPRETIVE SIGNAGE SOCCER FIELD COMPLEX (BY CITY)i ROAD WITH + � PARALLEL PARKING ASPHALT TRAIL (PH II) r. — BIOSWALES CONCESSION AREA AND RESTROOMS (PH II) PARKING LOT WITH BIOSWALE PLAYGROUND (PH II) , ; PARKING LOT ADDITION (PH II) PICNIC SHELTER (PH II) 4 TENNIS COURTS `' 2 FULL COURT (FUTURE LIGHTING) _ v BASKETBALL COURTS 4 TENNIS COURTS - "J� PARKING LOT (PH II, FUTURE LIGHTING) r . k . SKATE PARK BARKING FHASED AS NEEDED k ROAD (PH 111) fi W FUTURE LIGHTED SOCCER FIELDS (PH Il) ASPHALT TRAIL (PH II) ROAD (PH III) PARK BOUNDARY LINE YY V ;r X41: 'ri PARKING PHASED AS NEEDED GA�ENq RO ,a AD w urt United City of Yorkville Yorkville Pinks&ReerueWn Dept, 800 Game Farm Road 201 W.Hydraulic SL ° so 7�1 im Yorkville,Illinois 60560 Yorkville,I�Inols 80560 Telephone: �-F 1"-i50'-(?" Telephone:630-553-8545 MAY 27 2004 NORTH Fax:630.553-3436 AR s ecgrATroN Fax:630-553-4347 DRAWN BY:LAURA HAAKE lldlhi ROA%3 i BOLNi?AR LIVE Wac�aEO PAF2CEL lNTirRF'R VE TRAIfd� SOD ROOF PRIVATE RESIDENCE ..� PICNIC GRQIJE AY ITH a UNL7ARY UNE GRILLS AMN D ABLE EXISTING POND ITH NATU E WOODLAND AND EXHIBITS AND SHORELINE SAVANNAH ENHANCEMENT '� VVETLAND PLANTINGS s Ih1TERPRETIITE TRAIL U D ARY L N g{4}�tJSEY RO 'O PR ATE RESIDENCE1S PFWATE R IDENCES BOUNDARY LIN BENCHES FOR CENI FOR FISH fiiG ING RIVER DV FOX RIVER SHORI71-1 R HANGEMEJ'I W;tKvnjs Yorkville ftft&Recreation oeprL United City of Yorkville BOLLWEG P 201 W.Hydraulic SL 800 Game Farts Road o sa ,00 Yorkville,Illlnols 60560 Yorkville, Illinois 60560 SCALE 16=50'-0' air S� �clt TraN Telephone:6534347 1 Fay s3a5sa�34 $ DRAWN MAY BY: LAURA NORTH CONCEPTUAL SITE DESIGN ilk '#� T+ rte• _ �•4 .z- ` „ r. .. Y k ! - ( n .r= 3— IV TW r JL . t Awl re z ,� � , Yn � "t.��yr y ffS1��' _ 7,��.Y�i° •�r�5- .��° ��;,-�" 7 [ ��_ � ' �,^ �� ' 15~4' ' � - _ •�r .^�- .- �,.�. � ..-r'� _ 1_._ ty� � .yam . 1 - Vp Bollweg Parcel View of the Birchwood _ a View to the west from Drive right of way— the terminus of the located between the �^ ,',� •� , house on the left and Birchwood Drive right the excavated area in 7E•, �� of way the middle ys View of the tree line at the terminus of the Birchwood Drive right of way CORLAN DS PROPERTY BLACKBERRY CREEK, YORKVILLE, [L PROPERTY BOUNDARY BOUNOARY LINE r: RLJI' rg Aj IETOTk . � o � )q= E OF CRE � ►t "rte ^�' tr ._ y#� p'' f . ", 29:1 ACRE RARGrovJY _,wep EEK BANK Of AMEP:IC - WENT United City of Yorkville YORKviLLG Yorkville Parka&Recreation Dept, SCALE 1"=150'-0' 6110 Game Farm Road 201 W.Hydraulic Sr, Yorkville,6Anois 60560 Yorkville,Illinois 60560 CORLAN�S AT JUNE 5,2009 Tetephwm;630-553•-0350 Telephone:630-553-4357 BLACKBERRY CREEK Fax:630-553-3436 p s d ecRCaTiaJ Fax:630-553-4347 DRAWN BY:LAURA HAAKE NORTH CORLANDS PROPERTY ACQUISITION PARCEL CONCEPTUAL SITE DESIGN V 9 ka'e51 L#JC E1L4A:F;[3F.HHY� � _ `'' IGRAF�F �•j f� 4AlOL[1F AWRICA FRtOTRW T Aui'uhra NR[ai�4TV - M United City of Yorkville 1rflRKVZZI t Yorkville Parka&Recreation Dept SCALE 1'=100'-0' 800 Game Farm Road 201 W.Hydraulic SL Yorkville,Illinois 60560 Yorkville,Illinois 60560 CORLANDS AT JUNE 5,2009 Telephone:630-553-4350 Telephone:630-553A357 BLACKBERRY CREEK Fax:630-553.3436 aR 6 b ecl .4 Fax:630-553.4347 DRAWN BY:LAURA HAAKE NORTH CorLands Property . p ie• T�' CorLands Property s 0 C4 Reviewed By: Agenda Item Number T Legal ❑ PW #1 EST. 1636 Finance ❑ Engineer ■ Tracking Number a!� . 60 City Administrator ❑ ;P °ate Consultant ❑ 1'W 2009-55 �z"<CE w'r'��? ❑ Agenda Item Summary Memo Title: Kendall Marketplace-- Earthwork LOC Expiration Meeting and Date: City Council — 6123/09 Synopsis: We have been notified that the earthwork LOC for Kendall Marketplace will expire on 9116109. Recommend calling this LOC if not renewed prior to 9/4/09. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Al cl't.y J= j Memorandum EST. , 1836 To: Brendan McLaughlin, City From: Joe Wywrot, City Engineer 'A � =p CC: Lisa Pickering, Deputy City VI _,, CAE wv Date: June 9, 2009 Subject: Kendall Marketplace—Earthwork LOC Expiration Attached find a notice from The Private Bank that their Letter of Credit No. 069144501 for the Kendall Marketplace development will expire on September 16, 2009. This letter of credit, in the amount of$250,000.00,guarantees satisfactory completion of earthwork and erosion/sediment control for the Kendall Marketplace development. Most of the mass grading is complete and a substantial portion of the site has been stabilized with either paving or landscaping. The original letter of credit,however,was supposed to have been in the amount of$3,268,504.25. We agreed to accept a letter of credit in the amount of $250,000 when we issued the Site Development Permit,with the understanding that a letter of credit for the balance would be established upon Harlem-Irving closing on the property. That supplemental letter of credit was never received. Based on our policy the lowest this letter of credit should be at this time is in excess of$650,000,therefore I recommend that the existing letter of credit in the amount of$250,000 remain in effect. 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 this letter of credit if it is not renewed prior to September 4, 2009. Please place this item on the Public Works Committee agenda of June 16, 2009 for consideration. a�l THE PRIVATE BANK June 5, 2009 City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: City Clerk **** NOTICE OF NON-EXTENSION **** RE: Our Irrevocable Standby Letter of Credit Number 069144501 dated October 27, 2006 Applicant: Cannonball, LLC The above-referenced Letter of Credit was issued with the condition that it be automatically extended without amendment from the present or any future expiration date unless we send you notice in accordance with the Letter of Credit terms. We hereby notify you that we elect not to extend this credit for any such additional period and therefore, this credit will expire in full with our close of business on September 16, 2009. Effective August 7, 2006, Issuer's address is amended to read as follows: The PrivateBank and Trust Company 70 West Madison, Ste. 200 Chicago, IL 60602 Attn: Letter of Credit Department THE PR11VATEBANK AND TRUST COMPANY ktm-�__ Authorized Signature cc: Cannonball, LLC 4104 N. Harlem Ave. Norridge, IL 60706 70 West Modison, .SuitP zoo • Chicago, Illinois 6o6o2 • let 13r21 683-7100 •jax[3r21 683-7r" • 71nu7c).7'lieP)ivaleBank.cojii FDIC: Q EQL'Ai. HoL'slh(. UwnFR Reviewed By: Agenda Item Number 0 Legal ❑ P W #2 Finance ❑ rs7 1836 Engineer Tracking Number -< El City Administrator Consultant ❑ CC 2009-59 <L � ❑ Agenda Item Summary Memo Title: Fox Road LAPP Project—Change Order 41 Meeting and Date: June 23, 2009 City Council Meeting Synopsis: This change order in the amount of$117,717.50 is for additional patching and pavement thickness. Existing project funding is sufficient to cover these costs. 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: Co.r �? �u Memorandum EST. 1836 To: Brendan McLaughlin, City A minis rator O .t From: Joe Wywrot, City Engineer �} �1'. FT C-55.4 p CC: Sue Mika, Finance Director i < ,Y Lisa Pickering, Deputy City Clerk c E Date: June 16, 2009 Subject: Fox Road LAPP Project-Change Order#1 Attached find one copy of proposed Change Order#1 for the referenced project. This change order, in the amount of a $117,717.50 increase, is for additional patching and leveling binder. Funding for this project is 75% federal dollars and 25% city MFT dollars. The original engineer's estimate of cost for construction was $505,000. Of that amount, $378,750 was approved for federal funding and $126,250 of MFT dollars was appropriated by the city. The contract has been awarded to Aurora Blacktop for the amount of$369,896.50. Consequently, we are currently about $135,000 below budget. This is fortunate because the roadway has experienced significant deterioration since the plans were prepared. Additional patching is estimated to cost around $84,000. We would also like to pave leveling binder in the area from Poplar Drive to a point about mid-way between White Oak Way and Morgan Street. Doing so will result in a stronger pavement and a smoother ride for motorists. The additional leveling binder cost is around $34,000. After adding in these costs, we are still about $17,000 below the amounts listed in the federal funding agreement and would not need to appropriate additional MFT dollars. While these are significant additions to the contract, 75% of the additional cost would be paid with federal dollars. 1 recommend that this change order be approved. IDOT will also need to approve the change order. I plan to discuss this item at tonight's Public Works Committee meeting as additional business. I n ^� Authorization No. 1 Authorization of of T� Y°rt�y,o��'4 Sheet i of 1 Contract Changes Bate: 06/15/2009 IV, Contract Adjustment C}FHWA-Exempt County: Kendall ❑ Operational Change Order EV001 Non-Exempt Section: 06.00037.00-RS(Yorkville) ❑ Non Operational Change Order C' Consultant W` ❑ Major Change Route FAU 2515(Fox Road) 1j�l InHouse 0 Minor Change District: 03 -- _ — Contract: 87377 Job No.: NIA Consultant's Name: Engineering Enterprises, Inc. Project No.: N/A Contractor: Aurora Blacktop Address: 1065 Sard Avenue Montgomery IL 60538- The following change from ft plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is Indicated by an asterisk. Item No. I Icat IPay Item Unit _ Quantity Unit Price A b Addition Deductjon FAJ ID: L2300U0 CCS Code 093100 40600625 33 LEV BIND MM N50 TON 500.000 66.4000 A $34,200.00 30.00 I 44201717 33 i CL D PATCH T2 6 SQ YD 270.000 45.OD00 A $12,150.00 30.00 44201721 33 CL D PATCH T3 6 SQ YD 130.000 45.0000 A $5,650.00 $0.00 44201723 33 CL D PATCH T4 6 SQ YD 1,825.000 35.9000 A $65,517.50 I $0.00 Amount of Original Contract: $369,895.80 Totals: $117,717.50 $0.00 Net Change To Date: $117,717.50 Percent Change: 31.82% Net Change: 117,717.50 Project Location: Fox Road Illinois 47 to Poplar Drive THE STATE OF ILLINOIS By the Department of Transportation Description SEE ATTACHMENT and Reason: Gary Hannig,Acting Secretary Date Determination: (Gi)The undersigned determine that the change is By Christine M.Reed,Director of Highways,Chlef Engineer germane to the original contract as signed,because provision for this work Is included in the original contract. Ann L.Schneider,Director of F&A Dale Ellen Schanzte-Haskins,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Don Emat Date Engineer of Construction Supervisor Date Resident: Jerry Mahnke Date Director of Highways Chief Engineer Resident Date FHWA Acceptable to Proceed: ❑ Yes {J No FHWA Participation: L Yes ❑ No FHWA Representative Date Print Date: 06/15/2009 BC 22(Rev. 12/07) CONTRACT#87377 ATTACHMENT TO AUTHORIZATION#1 ADDITIONAL CLASS D PATCHING AND LEVEL BINDER Since the plans were prepared the condition of the roadway has significantly deteriorated due to the winter deterioration. The areas that were originally planned to be able to be remedied by the hot-in-place recycling were only surface defects. These areas have deteriorated and are in need of full depth patching. The additional quantities are based on a recent pavement survey completed last week. The majority of the additional patching quantity was in the area from stations 13+80 to 47+50. In this area there was no initial plan to place level binder over this section. Due to the increase in patching and the additional deterioration of the surface, additional level binder of l" thickness over this section is requested. This area has also seen more significant rutting. A calculated quantity based on the area of approximately 8400 square yards yield an additional 470 tons with an additional 30 tons requested for crown correction. This additional money still remains within the original budget amount of the project based on the bid amount being much less than the estimated cost. 0 C/T` Reviewed By: Agenda Item Number J � Legal ❑ EDC #1 EST ` 1836 Finance F-1 .� Engineer ❑ Tracking Number 0 l ai City Administrator F1 0 Consultant ❑ �°`°° �2 PC 2009-01 Agenda Item Summary Memo Title: Proposed Wind Energy System Regulation Ordinance—Second Reading Meeting and Date: City Council —6/23/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: First reading was held at the 6/9/09 City Council meeting. 0 CI x o Memorandum J a 4� •n To: EDC/City Council rsr. �_ ._ _ - iese From: Travis Miller -e Cc: Lisa Pickering(for distribution) 0� 114-1. p` Date: June 5, 2009 1k. �� Subject: Proposed Wind Energy System Regulation— Zoning Ordinance Amendment—First Reading Attached is the latest draft of the proposed Wind Energy Ordinance, Zoning Ordinance Chapter 16 incorporating the,tune 2, 2009 EDC recommendations including: I. a provision 10-16-5.A.b requiring a signed acknowledgement form at time of permit that the owner agrees to be responsible for any and all enforcement costs and remediation costs resulting from any future violations; 2. adding to 10-16-6.G a 30 day time period for the owner to restore property to original condition following the removal of an abandoned system; 3. establishing the permit fee at $100; 4. dividing 10-16-6.F to provide separate quantity requirements for residential and non- residential districts, residential to be limited to one system and non-residential may request additional systems via special use approval. Following the June 2, 2009 EDC meeting, and based upon EDC direction, staff continued research and identified through the American Wind Energy Association a Small Wind Certification Council (SWCC) exists and will be providing certifications to manufacturers meeting established standards and recommended business practices of the American Wind Energy Association. Information on the Association and the Certification Council as well as the standards (currently in draft form) used for certification are attached for your reference. Additionally, the State of California Energy Commission reviews wind energy systems for eligibility through their Emerging Renewables Program. The draft ordinance recognizes these approved systems as well. The proposed Ordinance includes specific provisions for `Rooftop' wind energy systems. All other systems, include small and large systems would be required to obtain Special Use approval. Staff anticipates drafting additional regulation for both Small and Large systems to accompany this ordinance in the future. 1 June 4, 2009 CHAPTER 16 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 Rooftop Wind Energy Systems 10-16-7 Other 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. 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. Requiring the installation of wind energy systems to be consistent with current property development standards of the City. B. 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. Regulates the size, location, installation, maintenance and other pertinent features of wind energy systems. 2. Provides for effective administration and enforcement of these regulations. 1 June 4, 2009 10-16-3 SCOPE, The regulations of this Chapter shall govern and control the site design, erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wind energy systems defined by this Chapter 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. 10-16-4 DEFINITIONS. A. Rooftop Wind Energy System. A wind energy conversion system consisting of a wind turbine, a tower or post, and associated control or conversion electronics, which has a rated capacity of not more than ten (10) kW, and which is intended to primarily reduce on-site consumption of utility power. B. 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. 10-16-5 GENERAL PROVISIONS. A. Permitting. a. The installation of any wind energy system requires a building permit from the United City of Yorkville. b. In order to receive permit, Wind Energy Systems must be approved by small wind certification program recognized by the American Wind Energy Association such as the Emerging Renewables Program ofthe California Enemy Commission or the Small Wind Certification Council. c. Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of this Ordinance. These costs include, but are not limited to, removal of system,property restoration necessary upon removal of the system, city legal expenses and hearing costs associated with violations of this Ordinance. B. Compliance. Wind energy systems shall meet or exceed current standards of the International Building Code and Federal Aviation Administration (FAA) 2 June 4, 2009 requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all City codes. C. Building Code/Safety Standards. Any owner or 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 any 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 wind energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the City Code Official shall require immediate removal of the system at the owner's expense. D. Noise. The maximum noise level allowed for all wind energy systems shall not exceed 55 decibels at frequency of 125 Hertz measured at all property lines. E. 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. F. Design. Wind energy systems shall be painted a non-reflective color that conforms to the architecture of the structure to which it is attached. G. Abandoned Systems. All abandoned or unused wind energy systems shall be deemed a nuisance and the United City of Yorkville may act after one (1) month of the cessation of operations unless an extension is approved by the City Council. If an extension is not approved, 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 condition, or to an approved improved condition with thirty(30) days of removal. 10-16-6 ROOFTOP WIND ENERGY SYSTEM A. Permitted Use. Rooftop wind energy systems shall be considered allowable in all zoning districts except F-1 Floodplain District. B. Fees. 1. Pennitting Fees. i. Rooftop wind energy systems will be subject to a one hundred 001100 dollars ($100.00)building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. 3 June 4, 2009 C. Mounting. All rooftop wind energy systems shall be controlled in a planner consistent with local building code and as approved by the City Code Official. A rooftop wind energy system shall be mounted upon the rear face of a sloped roof or to the side or rear fagade of a structure. Free standing towers are prohibited. D. Height. The maximum height of a rooftop wind energy system is eight(8) feet above the highest point of the roofline of the structure it is mounted upon regardless of the Zoning District height requirement. E. Diameter. The maximum diameter of the blades or rotor shall be five(5) feet. F. Quantity. 1. Residential Districts: Only one (1) rooftop wind energy system is allowed per property. 2. Commercial, Manufacturing and Agriculture Districts: Only one(1)rooftop wind energy system is allowed per property. Any additional rooftop wind energy systems desired by the petitioner shall require Special Use approval and subject to the special use provisions contained within 10-14-6 of this Title and applications for special use approval shall be subject to the procedures and requirements of this Title. 10-16-7 OTHER WfNID ENERGY SYSTEMS A. Special Use. A wind energy conversion system having a rated capacity of more than ten(10)kW shall require special use approval and be subject to the special use provisions contained within 10-14-6 of this Title. 4 Ordinance No. 2009- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGULATION OF 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 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 Rooftop Wind Energy Systems 10-16-7 Other 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. Requiring the installation of wind energy systems to be consistent with current property development standards of the City. B. 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. Regulates the size, location, installation, maintenance and other pertinent features of wind energy systems. 2. Provides for effective administration and enforcement of these regulations. 10-16-3 SCOPE. The regulations of this Chapter shall govern and control the site design, erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wind energy systems defined by this Chapter 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. 10-16-4 DEFINITIONS. A. Rooftop Wind Energy System. A wind energy conversion system consisting of a wind turbine, a tower or post, and associated control or conversion electronics, which has a rated capacity of not more than ten (10) kW, and which is intended to primarily reduce on-site consumption of utility power. B. 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. 2 10-16-5 GENERAL PROVISIONS. A. Permitting. a. The installation of any wind energy system requires a building permit from the United City of Yorkville. b. In order to receive permit, Wind Energy Systems must be approved by a small wind certification program recognized by the American Wind Energy Association such as the Emerging Renewables Program of the California Energy Commission or the Small Wind Certification Council. c. Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of this Ordinance. These costs include,but are not limited to, removal of system, property restoration necessary upon removal of the system, city legal expenses and hearing costs associated with violations of this Ordinance. B. Compliance. Wind energy systems shall meet or exceed current standards of the International Building Code and 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. C. Building Code/Safety Standards. Any owner or 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 any 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 wind energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the City Code Official shall require immediate removal of the system at the owner's expense. D. Noise. The maximum noise level allowed for all wind energy systems shall not exceed 55 decibels at frequency of 125 Hertz measured at all property lines. E. 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. F. Design. Wind energy systems shall be painted a non-reflective color that conforms to the architecture of the structure to which it is attached. G. Abandoned Systems. All abandoned or unused wind energy systems shall be deemed a nuisance and the United City of Yorkville may act after one (1) month of the cessation of operations unless an extension is approved by the City Council. 3 If an extension is not approved, 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 condition, or to an approved improved condition with thirty (30) days of removal. 10-16-6 ROOFTOP WIND ENERGY SYSTEM A. Permitted Use. Rooftop wind energy systems shall be considered allowable in all zoning districts except F-1 Floodplain District. B. Fees. 1. Permitting Fees. i. Rooftop wind energy systems will be subject to a one hundred 001100 dollars ($100.00) building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. C. Mounting. All rooftop wind energy systems shall be controlled in a manner consistent with local building code and as approved by the City Code Official. A rooftop wind energy system shall be mounted upon the rear face of a sloped roof or to the side or rear fagade of a structure. Free standing towers are prohibited. D. Height. The maximum height of a rooftop wind energy system is eight (8) feet above the highest point of the roofline of the structure it is mounted upon regardless of the Zoning District height requirement. E. Diameter. The maximum diameter of the blades or rotor shall be five (5) feet. F. Quantity. 1. Residential Districts: Only one (1) rooftop wind energy system is allowed per property. 2. Commercial, Manufacturing and Agriculture Districts: Only one (1) rooftop wind energy system is allowed per property. Any additional rooftop wind energy systems desired by the petitioner shall require Special Use approval and subject to the special use provisions contained within 10-14-6 of this Title and applications for special use approval shall be subject to the procedures and requirements of this Title. 10-16-7 OTHER WIND ENERGY SYSTEMS 4 A. Special Use. A wind energy conversion system having a rated capacity of more than ten (10) kW shall require special use approval and be subject to the special use provisions contained within 10-14-6 of this Title. Section 2. Ordinance No. 2009-22 adopted on April 14, 2009 is hereby repealed. All other 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. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2009. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOE PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2009. Valerie Burd, Mayor 5